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.

SEC Adopts New Amendments to Exempt Offering Rules

By Justin Hebenstreit

March 3, 2021

The Securities and Exchange Commission (SEC) has adopted a series of amendments to rules under the Securities Act of 1933 (Securities Act) applicable to offerings exempt from public registration. The amendments will become effective 60 days after they are published in the Federal Register, which will likely be in the first half of 2021. The purpose of the amendments is to simplify, harmonize, and improve certain aspects of the exempt offering framework. The amendments are…

Bank Law Monitor

PPP Update: Temporary Changes to Increase Lending to Small Businesses and Sole Proprietors

By Nicoleas Mayne

February 24, 2021

This week, the Biden-Harris administration announced a number of reforms to the Paycheck Protection Program (PPP) aimed at increasing lending to small businesses and sole proprietors, as detailed further in this fact sheet released by the White House. These reforms include: A 14-day period beginning Wednesday, February 24, 2021 and ending March 10, 2021, during which only those businesses with less than 20 employees can apply for a PPP loan. According to the White House…

Law Trends

Stimulus Legislation Brings Substantial Changes to Trademark and Copyright Law

By Brian Esler

February 16, 2021

Congress tucked major trademark and copyright legislation into the almost 6,000 page COVID-relief stimulus package it passed in the waning days of 2020. Overall, these changes will make it easier for rightsholders to pursue infringement claims going forward. On the trademark front, the stimulus bill contained the “Trademark Modernization Act of 2020.” The TMA formalizes the ability of third parties to submit relevant evidence regarding the registrability of a proposed trademark to the PTO via…

From the Ground Up

Amy Robinson Speaks at AGC of Washington Webinar

By Miller Nash Graham & Dunn LLP

February 10, 2021

Miller Nash Graham & Dunn partner Amy Robinson was the guest presenter at AGC of Washington’s Monthly Safety Forum on Thursday, February 4, 2021. Amy spoke on a number of topics surrounding legal issues related to COVID-19, including potential workplace issues related to vaccines. The presentation has been recorded and is available to AGC of Washington members for on-demand viewing. In addition, the team at Miller Nash are happy to work with you on any…

Law Trends

Text Message Marketing Can Cost You Millions

By David Rice, Andy Murphy & Leila Javanshir

February 5, 2021

Does your cannabis company use text message marketing to build customer relationships through a loyalty program? That common practice could bankrupt your company. It is a shock to many that text message marketing can expose you to staggering damages claims for failing to comply with a federal law called the Telephone Consumer Protection Act (TCPA) and similar state laws like Washington’s Commercial Electronic Mail Act (CEMA). There is currently an onslaught of plaintiffs’ attorneys bringing…

The Northwest Policyholder

New Additional Insured Form Gets its First Test in Court: How to Avoid the Pitfalls

By Ryan Hall

February 3, 2021

When the Insurance Service Office, Inc. (“ISO”) – the organization that drafts the standardized forms used by most insurance companies – revised its standard additional insured endorsement in 2013, it was an open question what effect the revisions would have on the insurer’s duty to defend. The 2013 revision added a provision that, if additional insured coverage is required by separate contract, the insurance afforded to the additional insured under the policy endorsement would “not…

From the Ground Up

Oregon’s Home Solicitation Sales Act: The Perils for Residential Contractors

By Ryan Hall

February 2, 2021

The Oregon Home Solicitation Sales Act (OHSSA), ORS §§ 83.710-83.750, provides customers with a three-day right to cancel while imposing stringent disclosure requirements on sellers in connection with home solicitation sales, including certain in-person sales commonly made by residential contractors. If these disclosure requirements are not strictly adhered to, the customer may be indefinitely entitled to avoid the transaction in its entirety, leaving the contractor in the unenviable position of providing goods or services without…

The Northwest Policyholder

New Washington Bill Seeks to Assist Policyholders with COVID-19 Business Income Loss Claims

By Tristan Swanson

February 1, 2021

A Washington State Senate bill introduced last week, Senate Bill 5351, takes aim at insurers’ arguments that their policies do not cover losses caused by COVID-19 and/or related closure orders. According to insurers, their promise to pay for business income loss caused by “direct physical loss of or damage to” property is subject to unwritten requirements: that the insured property be “structurally altered” or have suffered “distinct, demonstrable, physical alteration.” The fact that these…

Bank Law Monitor

United States Supreme Court Holds “Mere Retention” of Bankruptcy Estate Property Does Not Violate the Automatic Stay

By Ella Vincent & Teresa Pearson

January 26, 2021

On January 14, 2021, the United States Supreme Court issued its opinion in City of Chicago v. Fulton, addressing whether the “mere retention” of bankruptcy estate property constituted an act to “exercise control over property of the estate” in violation of the automatic stay under § 362(a)(3) of the Bankruptcy Code. In an 8-0 opinion, the Court held that mere retention of property does not violate § 362(a)(3). However, the Court did not address…

Law Trends

Supreme Court Denies Cert in Jack Daniel’s Dog Toy Case

By Bob Cumbow

January 19, 2021

The United States Supreme Court has denied Jack Daniel’s distillery’s petition for a writ of certiorari from a Ninth Circuit decision holding that a dog toy seller’s use of the Jack Daniel’s trademarks and label design is expression protected by the First Amendment. VIP Products had released a dog toy that resembled the well-known Jack Daniel’s bottle, changing the wording of the familiar label to include blunt jokes and word-plays on the messier aspects of…

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Miller Nash Graham & Dunn LLP Blogs

Blog Authors

SEC Adopts New Amendments to Exempt Offering Rules

PPP Update: Temporary Changes to Increase Lending to Small Businesses and Sole Proprietors

Stimulus Legislation Brings Substantial Changes to Trademark and Copyright Law

Amy Robinson Speaks at AGC of Washington Webinar

Text Message Marketing Can Cost You Millions

New Additional Insured Form Gets its First Test in Court: How to Avoid the Pitfalls

Oregon’s Home Solicitation Sales Act: The Perils for Residential Contractors

New Washington Bill Seeks to Assist Policyholders with COVID-19 Business Income Loss Claims

United States Supreme Court Holds “Mere Retention” of Bankruptcy Estate Property Does Not Violate the Automatic Stay

Supreme Court Denies Cert in Jack Daniel’s Dog Toy Case

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