Recent News

Corporations are creatures of statute, contrary to LLCs, which are creatures of a contract.  I have written extensively about the need for a carefully crafted LLC agreement, but have not written much about the need for shareholders in a closely held corporation to have a carefully crafted shareholder agreement. Shares of stock are generally freely… Read More

We finally have an answer as to whether vested and delivered Restricted Stock Units (RSUs) should be included as income when calculating child support, and the answer is YES, according to the WA State Court of Appeals, Division 1. First, what are RSUs? “Restricted stock units (RSUs) are a form of equity-based compensation consisting of… Read More

Although perhaps unfamiliar with the dynamics of real property law, many in the general public often have an ingrained concept of adverse possession, a notion that the property that they have used for so long should belong to them no matter what a survey might show (discussed in a previous blog post here). Along with this… Read More

Inevitably, every business will end. Successful businesses plan for the end, and, as a result, maximize the value of their efforts. A proper advance plan can help maximize value when the time comes. Just as every business is different, a plan for succession varies for every business. There are a few fundamentals for an ‘advance… Read More

March 4th, 2021 Matthew J. Cruz, Per E. Oscarsson, and Sarah C. Smith discuss the probate process. Read More

When families plan to have children through an Assisted Reproduction process such as Gestational Surrogacy or Genetic Surrogacy, families are formed with the assistance of physicians and fertility clinics all over the country and indeed, throughout the world.  However, it appears in many case the medical technology developed faster than the laws in most states.… Read More

In prior postings, I have discussed how membership has its privileges, but how does a person know if they are in fact a member?   Washington’s LLC Act provides two different standards for membership depending on the time period a member is admitted.  For the admission of “the initial member” a person becomes a member upon… Read More

Most non-lawyers have probably heard about adverse possession- the concept that you can become the owner of someone else’s property by treating it as your own.  But the term “prescriptive easement” is not as well known.  The two concepts have different requirements and implications for the rights of the parties.  Adverse Possession concerns a claim of ownership of… Read More

The Washington Supreme Court, in a 5-4 decision, recently held that a 60-year exception to the state’s wage/hour laws for dairy workers is unconstitutional.  At issue was RCW 49.46.130(2)(g)—that section of the Washington Minimum Wage Act which exempts agricultural workers from earning overtime pay. In Martinez-Cuevas, et al. v. DeRuyter, et al., Jose Martinez-Cuevas and… Read More