Recent News

Durable Powers Of Attorney – Witness Attestation

The Lawyers at Beresford Booth | 11/30/2020
In my previous post, I discussed acknowledgment of a durable power of attorney by a notary public versus attestation before two or more competent witnesses.  In this post, I discuss the contents of an attestation by witnesses.  Under the Uniform Power of Attorney Act adopted by the state of Washington in 2016, RCW 11.125 (the… Read More

Derivative Actions And LLCs

Washington State Business and Real Estate Lawyer David C. Tingstad | 11/25/2020
This post keeps with the theme developed over the past couple weeks of derivative actions, this time in their application to limited liability companies. Interestingly, Washington’s Division Three Court of Appeals threw practitioners a “derivative action curveball” in the 2016 opinion Holman v. Brady, No. 33114-8-III, 2016 WL 4921457 (Wn. App. Sep. 13, 2016). This… Read More

Beresford Booth Welcomes New Lawyer Ryan J. P. Dyer

the Lawyers at Beresford Booth | 11/24/2020
Beresford Booth is pleased to announce Ryan Dyer has joined our family of lawyers at Beresford Booth. Ryan will work as an associate within our litigation team. Ryan earned his undergraduate degree at Central Washington University where he played football for the Wildcats before obtaining his law degree at Seattle University.  As a new member… Read More

Suing After Closing: Is My Claim Barred By The Merger Doctrine?

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 11/20/2020
In almost all instances, the sale of real property occurs pursuant to some written contract, typically a purchase and sale agreement.  The sale generally becomes complete when title to the property transfers to the buyer via a deed.  But what happens if, after consummation of the sale, one of the parties claims the contract was… Read More

Suing After Closing: Is My Claim Barred By The Merger Doctrine?

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 11/20/2020
In almost all instances, the sale of real property occurs pursuant to some written contract, typically a purchase and sale agreement.  The sale generally becomes complete when title to the property transfers to the buyer via a deed.  But what happens if, after consummation of the sale, one of the parties claims the contract was… Read More

When She Says You Are The One – Challenging Paternity In Marriage

The Lawyers at Beresford Booth | 11/19/2020
When two people love each other very much…. Or at least enough…. A baby can be the result. One or both of those loved-enough adults may be married at the time, although not necessarily to each other. These circumstances sometimes result in one spouse in a marriage contesting the parentage of a child born by… Read More

“Futile Demands” And Derivative Actions

Washington State Business and Real Estate Lawyer David C. Tingstad | 11/18/2020
“Until our legislature declares otherwise, Washington is a demand futility state and follows Delaware.” This phrase in the Washington Supreme Court opinion In re F5 Networks, Inc., 166 Wn.2d 229, 240, 207 P.3d 433 (2009) had a significant impact on derivative action litigation throughout the State of Washington. I write this post in an effort… Read More

Governor Inslee’s New Lockdown Proclamation For COVID-19

Washington State Business & Real Estate Lawyer Todd J. Cook | 11/17/2020
On November 15, 2020, Washington Governor Jay Inslee held a press conference to announce a roll-back of the state’s County-By-County phased reopening plan in response to what he described as a third wave of COVID-19 in Washington state.  This marks the eighth time Governor Inslee has amended his original March 23, 2020 “Stay Home-Stay Healthy”… Read More

Beresford Booth Welcomes New Lawyer Eli K. Yim

the Lawyers at Beresford Booth | 11/11/2020
Beresford Booth is pleased to announce Eli K. Yim has joined our family of lawyers at Beresford Booth. Eli will work as an associate within our business transactions team. Eli earned his undergraduate degree at Connecticut College, his masters at Harvard University, and his JD from the University of Washington School of Law. He brings… Read More