In Stratford v. Umpqua Bank, No. 100717-5 (Sept. 14, 2023) (slip op.), the Washington Supreme Court rejected the application of the “apex doctrine” in Washington. The apex doctrine has been adopted by some jurisdictions to shield high-level executives and officials
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Understanding the Nuances of Post-Closing Obligations in Oregon Real Estate Contracts: Lessons from Freeborn v. Dow
In the busy world of commercial real estate, buyers and sellers may be unable to complete all contractual obligations before closing. In those instances, parties often identify certain “post-closing” matters in the contract. Typically, if those provisions are not carefully…
Beware of ‘Standard’ Construction Contract Terms; Nothing Is ‘Standard’
In their focus on starting a construction project, developers, designers, and contractors can fall prey to unintended consequences arising from their deferral to and use of an “industry standard” contract form—as opposed to taking the time to precisely tailor the…
Trying Large Construction Disputes CLE—Seattle
On October 6, 2023, I will be on the panel “Trying Large Construction Disputes,” to be presented during The Seminar Group’s 30th Annual Washington Construction Law conference on October 5 and 6, 2023, in Seattle or online. Intended for anyone…
Working with Artificial Intelligence: Privacy Pitfalls (and Opportunities)
As consumer demand for new artificial intelligence (“AI”) tools continues to grow, businesses must be prepared to build tools with “privacy by design” principles in mind, and to remain educated about privacy best practices and risk mitigation strategies when working…
Major Changes in Hospital Staffing Laws: Oregon and Washington Take Different Paths
In the wake of the ongoing COVID-19 pandemic and persistent staffing challenges, both Oregon and Washington have enacted legislation to reshape how healthcare institutions plan for and staff their facilities. While addressing the same issue, the two states have taken…
Solving Healthcare Staffing by Fiat: Oregon and Washington Take Different Approaches
More than three years after the COVID-19 pandemic began, many healthcare institutions continue to have difficulty fully staffing all their facilities. In response, both the Oregon and Washington legislatures enacted new laws that will change how hospitals plan for and…
The Alaska Legislature’s Push-Pull on Taxes
In my latest column for State Tax Notes, I discuss several tax-related bills that were introduced during the most recent Alaska legislative session, which ended on May 17. Of the session, I noted that “…after the Alaska Department of Revenue released its…
Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule
Introduction
On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the Biden Administration’s revisions to…
Employment Law in an ESG World: The Activision Blizzard Story
Environmental, Social, and Governance (“ESG”) principles are becoming increasingly prominent tools for managing risk and creating value in the corporate world. ESG-focused decision making can define business priorities that support a company’s financial goals and long-term enterprise sustainability. ESG-focused leaders…