Miller Nash Graham & Dunn LLP

At Miller Nash Graham & Dunn, we like to think of ourselves as an established firm with strong traditions and fresh ideas. Although our roots in the Pacific Northwest go back more than a century, we pride ourselves on being creative thinkers who are committed to serving our clients, our community and each other in smart and innovative ways.

U.S. Patent and Trademark Office Issues New Examination Guidelines in view of Booking.com

By Sean O'Brien

November 30, 2020

In the recent Booking.com case (see the IP Law Trends article here discussing that case), the U.S. Supreme Court held that a trademark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not automatically generic. In addition, such terms are not automatically non-generic either. Prior to the Booking.com decision, the U.S. Patent and Trademark Office (USPTO) had been automatically rejecting attempts to register such trademarks. Given the updated…

From the Ground Up

ASA Webinar: How the 2020 Election Could Affect the Construction Industry

By Miller Nash Graham & Dunn LLP

November 23, 2020

The American Subcontractors Association of Washington will be presenting a free webinar, titled “How the 2020 Election Could Affect the Construction Industry,” on Thursday, December 10, 2020. The webinar is being hosted by Miller Nash Graham & Dunn, and it will include discussion of the following topics: COVID-19 stimulus funding package Pending infrastructure funding ASA 2020 legislative priorities, including change order reform, prohibition of reverse auctions in construction services, and unfair competition Click here to …

From the Ground Up

Oregon & Washington Construction Impacted by Governors’ New Orders

By Jim Yand & Andrew Guess

November 18, 2020

2020 has been the year of continuous changes in the construction industry brought about by the COVID-19 virus and its regulatory impact. Our construction team continues to monitor and provide timely counsel on meeting those challenges, whether on the project site or back in the company office. This update addresses the most recent orders impacting construction in both Oregon and Washington and what may come next.…

From the Ground Up

Oregon OSHA Adopts Significant COVID-19 Workplace Safety and Health Rules

By Matthew Tripp

November 13, 2020

Oregon has become the third state in the nation to enact a workplace safety and health standard specifically addressing the coronavirus. Many provisions of the new Oregon OSHA rule take effect November 16, 2020. While some of the more onerous provisions, such as those requiring employers to conduct a risk assessment and implement an infection control plan, will be phased in through December. Employers could be fined up to $12,675 for violations of the Rule…

The Northwest Policyholder

Oregon Fires—Free Debris Removal Available for Businesses, Oct. 16 Deadline

By Seth Row

October 8, 2020

Debris removal after a fire is complicated where hazardous substances may be present. Insurance may not defray the full cost, as debris removal coverage is often sub-limited. The State of Oregon DEQ and FEMA have teamed up to provide removal of some hazardous waste at no cost to property owners. However, owners have only until October 16 to fill out an access agreement (the “Right of Entry” Form), to participate in the process. For more…

Law Trends

Ninth Circuit Reaffirms Copyright Estoppel Doctrine

By Bob Cumbow

September 22, 2020

Jersey Boys, the hit musical based on the meteoric career of the rock group The Four Seasons, was the target of a lawsuit brought in 2007 by Donna Corbello, widow of Rex Woodard, who ghost-wrote a biography of Tommy DeVito, founder and lead guitarist of the Four Seasons during their golden years, 1960-71. When Jersey Boys opened on Broadway in 2005, the DeVito bio was still unpublished. Following Woodward’s death in 1991, Corbello and Woodward’s…

The Northwest Policyholder

Cannabis Business Loss from Wildfire—Insurance Coverage

By Seth Row

September 17, 2020

The wildfires sweeping through California, Oregon, and Washington have impacted many business sectors, and the cannabis industry is no exception. I interviewed Mike Rodgers, an insurance broker at the Fournier Group in Portland who focuses on the cannabis industry, about what cannabis losses may be covered and how to best position your insurance claim for success.…

The Northwest Policyholder

Prominent Portland Culinary and Music Venues File Lawsuits Against Insurance Company

By Seth Row

September 3, 2020

Our firm has filed lawsuits against Cincinnati Insurance Company in Multnomah County Circuit Court on behalf of RingSide Steakhouse, Mississippi Studios, Polaris Hall, and Revolution Hall, four cultural institutions that span Portland’s culinary roots to the city’s famous music scene. The lawsuits arise from Cincinnati’s denial of these iconic establishments’ claims for business income loss coverage arising from the COVID-19 pandemic.…

The Northwest Policyholder

Miller Nash Submits Second Amicus Brief in Support of Business Income Loss Coverage for COVID-19 Losses

By Tristan Swanson

August 28, 2020

Our policyholder-side Insurance Recovery Practice Team is proud to represent United Policyholders, Washington Hospitality Association, and National Independent Venue Association in submitting an amicus curiae (friend of the court) brief in opposition to a motion to dismiss filed by the insurer in Vita Coffee v. Fireman’s Fund Insurance Company, pending in the Western District of Washington. A copy of the brief is here. Our brief advocates for the faithful application of Washington law, under which insurance…

From the Ground Up

New Contractor Requirements for Oregon Public University Construction Projects

By Brianna Wellman

August 20, 2020

During the one-day second special session, the Oregon Legislature passed two budget bills—SB 5721 and SB 5722—relating to public construction. While SB 5721 increases bond authorizations for the 2019-2021 biennium and revises previously approved bond authorizations, SB 5722 establishes expenditure limitations for capital construction projects in excess of $1 million. Among other things, SB 5721 authorizes bond authority to fund four new capital construction projects at public universities: Oregon Institute of Technology Boivin…

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Miller Nash Graham & Dunn LLP Blogs

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U.S. Patent and Trademark Office Issues New Examination Guidelines in view of Booking.com

ASA Webinar: How the 2020 Election Could Affect the Construction Industry

Oregon & Washington Construction Impacted by Governors’ New Orders

Oregon OSHA Adopts Significant COVID-19 Workplace Safety and Health Rules

Oregon Fires—Free Debris Removal Available for Businesses, Oct. 16 Deadline

Ninth Circuit Reaffirms Copyright Estoppel Doctrine

Cannabis Business Loss from Wildfire—Insurance Coverage

Prominent Portland Culinary and Music Venues File Lawsuits Against Insurance Company

Miller Nash Submits Second Amicus Brief in Support of Business Income Loss Coverage for COVID-19 Losses

New Contractor Requirements for Oregon Public University Construction Projects

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