Recent News

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

Derivative Actions In Washington

Washington State Business and Real Estate Lawyer David C. Tingstad | 11/11/2020
The derivative action is the source of increasing consternation throughout the legal industry. Today’s post brings a little insight into the fundamentals of a derivative action in Washington. What is it? A derivative action permits a shareholder or member the right to sue third parties on behalf of the entity. The purpose behind the derivative… Read More

New Washington Partnership And LLC Deskbook

Washington State Business and Real Estate Lawyer David C. Tingstad | 11/4/2020
In conjunction with many practitioners throughout the State of Washington, I am pleased to announce that the new third edition of the Washington Partnership and Limited Liability Company Deskbook is now available online or in print.  The Third Edition completely replaces the 2010 edition. I am honored to have been selected as one of the… Read More

Failure To Follow Corporate Formalities – Fatal To Breach Of Contract Claim

Washington State Business and Real Estate Lawyer David C. Tingstad | 10/28/2020
No two closely held business are alike.  In a corporate setting, following corporate formalities is critical for a host of reasons, including to maintain the separateness of the corporation from the shareholders.  A recent Washington decision, Nelson v. Vetter, Inc., No. 80144-9-I, 2020 WL 6036825 (Wn. App. Oct. 12, 2020), reminds us of the need… Read More

Washington’s Unfair Business Practices Act – Expanded Application

Washington State Business & Real Estate Lawyer William O. Kessler | 10/27/2020
In the Washington Supreme Court’s recent opinion in Young v. Toyota Motor Sales, U.S.A., many plaintiffs’ attorneys added a bigger hammer to their tool belt. The case effectively broadens the applicability of Washington’s Unfair Business Practices Act (or Consumer Protection Act, “CPA”), RCW 19.86. Many civil litigants and their counsel should be aware of the… Read More