Recent News

A Rare Washington Fiduciary Duty Case

Washington State Business and Real Estate Lawyer David C. Tingstad | 8/12/2020
The sale of an interest in an LLC and fiduciary duties in the context of such a sale were the subject of a recent Washington Court of Appeals decision Tersuli Construction Services, LLC v. Miletich, No 78906-6-I, 2020 WL 3268044 (Wn. App. May 18, 2020). The LLC and Membership Buy-Out Tersuli is a dispute between… Read More

Of Professional Services Corporations, Murder And Valuation

Washington State Business and Real Estate Lawyer David C. Tingstad | 8/5/2020
I doubt anyone will ever put a TV show together based on business entity law.  My suspicion is that a large percentage of the viewing population would consider it too “boring.”  I beg to differ, and this week’s post on the King and Mockovak dispute supports my view.  When you read King and Mockovak Eye… Read More

Self-Help Removal Of Encroachments

Washington State Litigation Lawyer Andrew M. McKenzie | 8/5/2020
In a recent news story (see this video from Inside Edition: https://www.youtube.com/watch?v=FAxpCbUSmrk), a Maine man decided to cut his neighbor’s garage in half after learning from a survey that the garage encroached on the man’s property.  It is a common misconception that just because records show land belongs to someone, that person has the unfettered right… Read More

Where Did The Term “Bar” In Bar Association Originate?

Washington State Litigation Lawyer Richard R. Beresford | 7/31/2020
A bar association, such as the Washington State Bar Association (“WSBA”), or the American Bar Association (“ABA”) is a professional body of lawyers. But where did the term “Bar” come from?  Here are a couple of theories on the subject. Most authorities contend it refers to a traditional courtroom which includes a railing or bar… Read More

Question With No Answer (Yet): Conflict Within LLC Act

Washington State Business and Real Estate Lawyer David C. Tingstad | 7/29/2020
As a member of the drafting committee of Washington’s LLC Act, RCW 25.15 (the “Act”), I know the difficulty associated with drafting. The committee spent years pouring over the Act and continues to work to improve it.  One of the issues that has provided some difficulty is an apparent contradiction between the dissociation provisions of… Read More

Get To Know Your Title Policy

Washington State Business & Real Estate Lawyer Babak Shamsi | 7/27/2020
When purchasing a home, buyers have a daunting amount of matters to focus on...how much earnest money to put down, how to structure an offer, how to address financing, how to address inspection contingency results, and more.  One matter which often gets lost in the shuffle, however, is title insurance,  A purchaser who enters into an agreement… Read More

LLCs Are NOT Corporations

Washington State Business and Real Estate Lawyer David C. Tingstad | 7/22/2020
Many “good ideas” today take direction from other “good ideas” before them. This blog, for example, takes inspiration from other “bloggers” in the legal community, such as my friend Tom Rutledge, an expert in business entity law from Kentucky. I will certainly refer to Mr. Rutledge’s blog in future posts as he offers unique insight… Read More

Congratulations To Our 2020 Super Lawyers And Rising Stars

The Lawyers at Beresford Booth | 7/16/2020
William O. Kessler David C. Tingstad Babak Shamsi Dimitra S. Scott Beresford Booth is proud to announce several lawyers are now rated as 2020 Super Lawyers and Rising Stars. Among our firm’s family of lawyers, William O. Kessler and David C. Tingstad are included in the 2020 class of Super Lawyers while Babak Shamsi and… Read More