Recent News

When The Insurer Won’t Settle A Third Party Claim, Consider A Covenant Judgment

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 9/1/2021
Sometimes a defendant in a lawsuit has insurance to cover some or all of the potential damages alleged.  Most of the time in those circumstances after the insurer agrees to defend on the insured’s behalf, the insurer hires counsel to represent the insured.  While this may provide some assurance to the insured, the insured can… Read More

Due Diligence And Employment Issues In Transactional Matters: The Lessons Of Clarity Capital Corp. v. Ryan, Newman, & Salish Wealth Mgmt.

Washington State Business and Real Estate Lawyer David C. Tingstad and Washington State Employment Law Lawyer Laura Y. Davis | 8/31/2021
In the context of a business combination—whether it is an asset purchase, stock purchase, or merger—due diligence is critical to establishing and maintaining value.  A recent case from the Washington Court of Appeals (Clarity Capital Corp. v. Ryan, Newman, & Salish Wealth Mgmt.), though unpublished, highlights a couple of lessons when it comes to due… Read More

Granting Access To Your Digital Assets – Priority Of Directions; Disclosure

The Lawyers at Beresford Booth | 8/31/2021
As I described in the previous post, Washington enacted the Revised Uniform Fiduciary Access to Digital Assets Act (RCW Chapter 11.120) (the “Act”) that allows a Washington user of digital assets (such as e-mail, social media, etc.) to provide directions giving, limiting, or denying a designated fiduciary access to their accounts.  The user can allow… Read More

Making The Commitment To Review Your Preliminary Commitment

Washington State Real Estate Law Lawyer Babak Shamsi | 8/26/2021
When purchasing a property, a buyer has a multitude of different considerations to keep in mind, such as reviewing Form 17 disclosures, addressing financing contingencies, reviewing inspections, and considering earnest money deposits, escalation clauses, and more.  The list can feel endless.  One of the most important documents involved in the purchase of a home, the… Read More

Can I Assign My Commercial Lease? (Part 2- Assignments By Operation Of Law)

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 8/16/2021
Earlier this year, I wrote a blog post about assigning commercial leases generally.  Sometimes, contractual rights or obligations get transferred without an express assignment.  This can happen, for example, where a party to the contract gets acquired by someone else, or where the party’s ownership or control changes hands.  An entity tenant under a commercial… Read More

Landlord’s Premises Liability To Third Parties

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 8/5/2021
A possessor of real property can be liable for dangerous conditions on land which cause injury to people who enter the land.  However, the legal standard of care owed by the possessor is tied to the status of the visitor.  The law classifies visitors as either trespassers, licensees, or invitees.  As to trespassers and licensees,… Read More

Will Contests: Who, When, Why, And How

Washington State Litigation Lawyer J Patrick Diener | 8/3/2021
A person close to you passed away and you are devastated.  Sometime after, someone files a last will and testament for your loved one in the court and begins the probate process.  You review the will and realize there is something terribly wrong.  Maybe the will doesn’t appear genuine, maybe it gives a giant chunk… Read More