Recent News

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

February 25th, 2021 Todd J. Cook discusses the Washington Timber Trespass Act. During the webinar, he will discuss: The definition of a Timber Trespass under Washington law;The distinction between a Timber Trespass Claim (RCW 64.12.030) and a Waste Claim (RCW 4.24.630);Damages theories applicable to Timber Trespass Claims;Common issues in prosecuting or defending a Timber Trespass… Read More

When drafting LLC agreements, practitioners ought to remember that LLC interests may be securities subject to both state and federal securities laws. When an LLC interest becomes a security, additional disclosures of  “material facts” are required.  Without such disclosures, personal liability for securities fraud looms. The recent Washington Court of Appeals case of Freeman v.… Read More

The Minor Guardianship law went into effect January 2021, replacing non-parental custody rules and procedures. It massively expanded the number of people to which you need to give notice.1 Previously, it was just a matter between the parents, whoever, had custody of the kids, and whoever wanted to get custody of the kids. Now, you… Read More

February 18th, 2021 David C. Tingstad, Per E. Oscarsson, Eli K. Yim, and Sarah C. Smith discuss tax issues with LLCs. Read More

Lawyers advising LLCs and their members must understand capital accounts from a tax perspective. When LLCs are taxed as a partnership, a member’s capital account reflects a portion of a member’s economic interest in the LLC. The tax regulations surrounding capital accounts are lengthy and complex, but understanding the basics allows practitioners to fully counsel… Read More

If you have a current child support order or are looking to request, modify, or adjust child support, you should be aware that there have been a number of noteworthy changes to the child support laws in 2020. The following is a brief summary of some of the changes: What is “full-time” employment for purposes… Read More