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Articles & eAlerts
2008
05.14.08
Landmark trademark infringement awarded to Adidas
05.13.08
Washington enacts domestic violence leave law
05.05.08
New California contractors that are "All Work and No Pay."
04.28.08
PDAs: After Hour Use Can Be Costly to Employers
04.23.08
“IFCA only applies prospectively,” says the U.S. District Court for the Western District of Washington
04.22.08
A landowner can acquire a prescriptive easement over surface water coming from a neighboring property
04.21.08
Supreme Court reaffirms Ninth Circuit and limits arbitration options
04.11.08
Are employers required to provide benefits to same-sex domestic partners? The Oregon Insurance Division certainly thinks so!
04.09.08
Supplementary Payments provision does not cover reasonable attorney fees
04.09.08
California applies assumption of risk doctorine to passenger on personal watercraft- Winter 2008
04.09.08
No coverage under CGL policy for dispute over berthings fees and sale of vessels- Winter 2008
04.09.08
Cargo owner held liable for payment of frieght when broker collects from cargo owner but fails to pay carrier- Winter 2008
04.09.08
Pollution policy held void when insured fails to disclose facts material to risk even though not requested- Winter 2008
04.08.08
Don't say we didn't warn you. California Supreme Court Adopts Sophisticated User Defense
04.07.08
California court reaffirms no coverage for sexual assault
04.04.08
Superman: The man of steel cuts down DC Comics
04.01.08
Responsibilities imposed by the federal maritime doctrine of
uberrimae fidei
03.21.08
Constitution limits pre-employment drug testing by public employers
03.11.08
New CCB requirements for Oregon contractors
03.06.08
Oregon Supreme Court holds punitive damages award unconstitutionally excessive
03.05.08
No individual liability for retaliation
02.26.08
Oregon Supreme Court upholds the constitutionality of the statutory cap on noneconomic damages
02.26.08
Easement by necessity? Not if the federal government has anything to do with it.
02.20.08
California Supreme Court clarifies employers’ expense reimbursement duties
02.11.08
San Francisco’s Health Care Ordinance finally goes into effect
02.04.08
Court concludes insurance fair conduct act applies prospectively only
01.31.08
Extended protected family medical leave for families of servicemembers now law
01.29.08
USPTO issues signficant new rules
01.25.08
Termination of marijuana users OK - California high court confirms
01.25.08
New UCL "injury in fact" decision
01.24.08
Actual cash value does not include sales tax under Washington law
01.23.08
California Court of Appeal takes up a threshold issue of causation under the new Unfair Competition Law ("UCL")
01.16.08
California homeowner’s mold claim not covered
01.14.08
Bullivant FCRA victories for insurance companies confirmed in the Ninth Circuit
01.10.08
Extended protected family medical leave for families of servicemembers
01.08.08
Urgent attention required: IRS qualified plan determination program deadline approaching
01.07.08
A Year in Review: New employment laws
01.02.08
California court finds insurer potentially liable for default judgment
2007
12.19.07
Court finds no duty to defend defamation claim
12.17.07
California court rejects “additional insured” claim
11.30.07
Oregon Supreme Court holds that a retrocessionaire is a statutory reinsurer, and pierces corporate veil between insurers in pooling agreement
11.29.07
I Have to Pay Wages for What?
11.26.07
What’s all the stink about? No liability coverage for bad odors in California.
11.07.07
Washington voters approving Referendum 67
10.16.07
California Modifies “Gross Receipts Tax” for LLCs
10.15.07
California Court of Appeal upholds insurer’s attorney-client privilege
10.04.07
Attention Washington property owners and developers: You may be a general contractor without knowing it
09.21.07
An exclusive easement, how can that be?
09.10.07
New Washington law exposes corporate officers to personal financial risk
09.07.07
Social security no-match letters: A trap for the unwary employer
09.04.07
In Re: Seagate - Raising the bar for patent holders
09.01.07
Fight over wages can give rise to federal admiralty jurisdiction
09.01.07
No coverage for vessel that sank when bilge pump failed
09.01.07
“Hijacking” clause in bill of lading exculpates carrier
09.01.07
No coverage under mel endorsement for crew injury
09.01.07
Vessel owner not entitled to limit liability for drowning of passenger
08.22.07
New EEOC guidelines on family responsibility discrimination
08.13.07
New legislation makes arbitration agreements between employers and employees voidable unless certain requirements are met
07.30.07
Newly enacted legislation affecting employers
07.06.07
Recent Washington cases make LLC dissolution a potential trap
06.29.07
New legislation eviscerates non-competition agreements in Oregon
06.28.07
Chambers USA Names Rothauge One of Nation’s Top Commercial Litigators
06.25.07
New legislation expands definition of disability under Washington state law
06.20.07
IP Group Grows, and Garners Recognition
06.18.07
Oregon Court of Appeals limits wrongful death claims
06.12.07
Employment eligibility: What every employer needs to know
06.04.07
Supreme Court decides questions of first impression in FCRA class action cases
05.25.07
Delgado v. ACSC:
Bad Faith and the Duty to Defend
05.03.07
What employers need to know about Oregon’s new domestic partner and anti-discrimination laws
05.02.07
New disclosure obligations for sellers of real property
04.23.07
Washington Legislature passes "Insurance Fair Conduct Act"
04.17.07
Delaying compensation the right way – compliance with IRC Section 409A
04.11.07
The return to the ring of “buyer beware” in Washington real estate transactions
04.05.07
U.S. Supreme Court issues major environmental rulings
03.27.07
Washington Supreme Court holds interstate truck drivers entitled to overtime compensation for all hours worked in excess of 40 hours per week
03.23.07
Jordan II:
Bad Faith and the Duty to Investigate
03.07.07
Transition period for implementation of San Francisco paid sick leave ordinance
02.07.07
California court holds individual supervisor personally liable for retaliation against employee
01.29.07
San Francisco’s paid sick leave ordinance goes into effect February 5, 2007
01.23.07
One Court, Two Decisions: The Debate Continues As To What Constitutes “Direct Physical Loss” Under Business Interruption Insurance
01.23.07
Federal District Court finds that “Insured vs. Insured” Exclusion Does
Not
Bar Coverage
01.23.07
Oregon Supreme Court Finds Anti-Assignment Provision Not Ambiguous
01.23.07
Bernstein v. Travelers:
Discovery of Property Loss Reserves
01.23.07
California Court of Appeal Rules in Favor of Property Insurer on Case Involving Reformation, Scope of Agent Authority, Doctrine of Non-Reversible Error
01.23.07
New Anti-Fraud Language Required in Washington Forms
01.23.07
Fire-Safer Cigarette Legislation to be Introduced in Oregon Legislature
01.17.07
Trucker’s material deviations from requirements of contract of carriage render limitation of liability provision unenforceable
01.17.07
District court had removal jurisdiction over plaintiff’s interstate-shipping contract claim arising from carrier’s failure to deliver goods
01.17.07
Shipowners do not have duty to disclose and explain federal cause of action to their employees
01.17.07
Violation of lay-up warranty does not per se void coverage
2006
12.20.06
Oregon Court of Appeals allows recovery for diminished value in first party automobile claim
12.11.06
Major revisions to health savings account rules for 2007
12.05.06
Production bonuses may be prorated without violating FMLA
11.27.06
EEO-1 Form: The first revisions in over 40 years
11.21.06
California Supreme Court declines to limit “under construction” exception to vacancy exclusion to new construction
11.06.06
Media liability insurers beware: policy covers loss to publisher for reprinting outside of policy
11.06.06
California court vacates appraisal award, finding insured did not agree that appraisers would decide causation issues
11.06.06
California Supreme Court holds that claim assignees can recover
Brandt
fees
11.06.06
Nevada Supreme Court enforces unambiguous policy exclusions regardless of causal connection to the loss
09.29.06
New EPA rule may encourage brownfield redevelopment
09.28.06
Methamphetamine contamination excluded as criminal act under apartment owners policy
09.22.06
Oregon District Court ruling highlights importance of posting an accurate online privacy policy
09.01.06
Marine insurance and maritime law report - Summer 2006
09.01.06
Hague Protocol of 1955
08.23.06
Oil & Gas leasing: Montana Supreme Court discusses “production in paying quantities”
08.16.06
At-will employment in California
08.04.06
Senate passes Pension Protection Act: how the new pension and 401(k) plan rules will impact employer sponsored plans
08.03.06
Talking and driving don't mix -- employer responsibility for business cell phone use
07.11.06
Subrogation and coordination of benefits: how to improve your health plan document
07.07.06
The Supreme Court clarifies Title VII’s Anti-Retaliation Provision
07.01.06
Enforcing exclusions and limitations before the policy is issued
07.01.06
No harm, no foul! – A west coast primer on bad faith exposure
07.01.06
California court rejects cause of action for “negligent investigation”
07.01.06
California holds subcontractor owes present duty to defend
07.01.06
Plain meaning of “roof” does not include “temporary roof structures”
07.01.06
Methamphetamine contamination is excluded pollution, not “vandalism”
06.30.06
"Right to pass by permission" sign may protect your property from an uninvited and permanent use by another
06.15.06
Marine insurance and maritime law report - Spring 2006
06.15.06
Maritime statute not expanded to create category of special circumstances involving vessels operating in concert and pursuant to agreed maneuvers
06.15.06
Bill of lading provision exonerating carrier from liability for hijacking of cargo upheld
06.15.06
Limitation of liability petition dismissed as untimely when vessel owner sued in state court as a fictitious defendant more than six months before petition filed
06.15.06
No coverage under hull policy when vessel owner failed to overcome presumption of unseaworthiness when vessel sinks at berth in calm water
06.09.06
Nevada State Warning Liability Survey
06.09.06
California State Warning Liability Survey
06.01.06
Property owners and managers: take prompt action repairing office and retail tenant problems
05.11.06
Do you want your employees to “look” like your company?
05.08.06
The ABC’s of legal audits for (small) businesses
04.26.06
Employee loses her company laptop, can you force her to replace it?
04.21.06
Exception to economic loss rule: tort liability and repair contractors
04.06.06
Important tax ruling for LLCs
04.01.06
Marine insurance and maritime law report - Winter 2006
04.01.06
The phrase “all other like perils” after named perils in a hull policy does not convert policy to "all-risk"
04.01.06
Misrepresentation about insured vessel renders hull policy void
ab initio
04.01.06
Shipment discharged from carrying vessel in Canada with ultimate destination in U.S. subject to COGSA
04.01.06
Under COGSA, damage to goods may be shown by loss of market value
03.30.06
Deicing questionnaire will catch some airports by surprise
03.01.06
Court to decide if professionals will lose blackberry fix
02.28.06
Oregon Supreme Court Upholds Measure 37
01.01.06
Is your business legally fit for franchising?
01.01.06
Unique language of insurance policy may determine coverage for clean-up costs
01.01.06
Insured liable for defense and indemnity costs attributable to insolvency of insurer
01.01.06
Changes to California homeowners’ insurance
01.01.06
Avoiding covenant judgments: A Washington court narrows
VanPort Homes
01.01.06
Oregon Court of Appeals questions application of Intentional Acts Exclusion
01.01.06
California Supreme Court reaffirms insurers’ right to reimbursement of defense costs
2005
12.19.05
Amendments to Oregon's PIP and UM/UIM statutes to take effect January 1
12.01.05
Tips to keep new no smoking laws from burning you
12.01.05
Marine insurance and maritime law report - Fall 2005
11.16.05
Only six weeks left to complete mandatory harassment training in California
10.18.05
New legislation prompts tidal wave of bankruptcy filings before deadline
10.17.05
Has somebody who owes you money recently filed bankruptcy?
10.06.05
A gamblers game: While excitement bounds over expansion of UGBs, results of speculative deals are not yet known
09.14.05
Blogging, chat rooms and other potential employer nightmares
09.12.05
Employers may terminate medical marijuana users under new California case
08.16.05
California Supreme Court expands liability for retaliation
08.01.05
Registered domestic partners are equivalent to married couples
07.26.05
Summary analysis of (a few) insurance coverage issues arising in mediation of construction defect cases
07.25.05
Consensual workplace affairs may create sexual harassment liability
07.14.05
Washington State DOL clarifies driving requirements for minors in the workplace
07.05.05
New federal rule requires proper disposal of employee data
07.01.05
Marine insurance and maritime law report - Spring 2005
07.01.05
Unusual California "Precedent Decision" clarifies employer responsibilities for meal/rest periods
06.06.05
U.S. Supreme Court confirms all marijuana is illegal - what this means for employers
06.02.05
Metro moves toward final adoption of regional land use rules
06.01.05
Start your employment relationship off right
05.19.05
Code upgrade coverages: does policy cover upgrades to portion of premises unaffected by insured peril
05.19.05
Supreme Court affirms Walsh Construction v. Mutual of Enumclaw: additional insured endorsements required by construction contracts are void for now
05.19.05
Oregon Supreme Court rules that workers’ compensation benefits are offset from UM/UIM damages rather than policy limits
05.19.05
Washington liability insurer contemplating coverage denial? Read this first
05.19.05
Courts crack down on policyholders’ business interruption experts
05.01.05
Doctrine shields independent contractors from liability to third-parties
04.21.05
Same-sex marriages void and what it means for employers
04.07.05
Oregon courts expand the employment rights of medical marijuana users
04.01.05
Real estate 101, knowing a few basic elements will help you get the deal you want
04.01.05
Food service operators share common concerns
04.01.05
Five essential employment law tips for hospitality businesses
03.30.05
Are you following the FCRA?
03.18.05
Valuable resource for HR professionals and business owners
03.11.05
How will same-gender marriage law impact insurers and benefit plans?
03.01.05
Veterans Benefits Improvement Act ("VBIA") makes two critical changes for employers
03.01.05
Well-drafted noncompetition agreements can protect your customer base
03.01.05
‘Crackberries’: digital devices clients crave
02.04.05
Appellate Court affirms Bullivant client's dismissal from defect claim
01.25.05
Marine insurance and maritime law report - Winter 2004
01.01.05
LLC offers flexibility for real estate development
2004
12.28.04
Immediate action required: IRS issues deferred compensation regulations effective January 1, 2005
12.17.04
Contingent compensation: crafting your company's response to west coast state insurance regulation and parallel civil and criminal action
12.16.04
California Supreme Court Limits Scope of Tort Remedy for Bad Faith
11.25.04
Bullivant client wins important construction defect claim
11.24.04
Oregon's Measure 37: Claims procedure may require fees
11.19.04
Employer cost for post employment non-competes on the rise
11.12.04
California legislature mandates sexual harassment training
11.10.04
New rule on workplace investigations
10.28.04
Claims based on employee cell phone use on the rise
10.27.04
Working With Law Enforcement in Fraud Cases
10.05.04
The insurance industry gets hit with grand jury investigations: how to respond if you receive a subpoena
09.22.04
Responding to a Corporate Criminal Investigation
09.01.04
Brock v. State Farm: When Can an Oregon Insurer Deny Coverage Based on Misrepresentations in the Insurance Policy Application?
08.25.04
The scope of "arising out of" and abuse exclusions
08.25.04
California Supreme Court applies Brandt to contingency fee agreement
08.25.04
Case of note: Washington court rejects insurer's due process
08.25.04
Case of note: Oregon. Dishonest or criminal acts exclusion applies to criminal acts of tenants
08.25.04
Update on Gramm-Leach-Bliley Act
08.16.04
What you should know about workplace violence in Washington
06.28.04
Union employers should beware of "retro" raises
06.08.04
Express warranties through advertising create basis for implied indemnity claims
06.04.04
Federal law may prevent discovery of information about insurance companies' insureds
06.04.04
Business interruption: the saga continues
06.04.04
In Nevada, the intentional act exclusion can bar coverage for an insured's intentional acts while voluntarily intoxicated
06.04.04
Keep your eye on the goal (and in the meantime, find the facts)
06.02.04
Oregon insurance law quick reference guide
06.02.04
Washington insurance law quick reference guide
06.01.04
Forum Selection Clause in Bill of Lading Held Void Under COGSA
06.01.04
Exculpatory Clause in Slip Rental Agreement is Enforceable
06.01.04
Delivery of Shipment to Customs Inspection Station Terminated Ocean Carrier's Responsibility
06.01.04
COGSA Package Limitation Applied to Cargo Damaged on Land at Intermediate Port
06.01.04
Citizenship of Non-Party Insureds Precluded Diversity in Subrogation Action
06.01.04
In Brief
06.01.04
New federal overtime rules issued: What is their real effect on employers?
04.14.04
A Summary of Oregon Senate Bill 906A: Prompt Payment Act for Private Projects
04.06.04
Ninth Circuit holds that contractual reimbursement claims are not preempted by ERISA
03.22.04
Working owner may qualify as participant in employee benefit plan
03.16.04
Nevada insurance law quick reference guide
03.12.04
Same-sex marriage: the impact on Oregon employers
01.20.04
New California law significantly increases costs to employers for Labor Code violations
2003
12.16.03
New Crime Victim's Leave law an opportunity to update employee handbooks
12.12.03
Barbee decision a victory for California employers
12.12.03
McGinnis decision benefits California employers
12.01.03
The Washington Supreme Court extends the consequences of insurer bad faith - Truck Insurance v. VanPort Homes
12.01.03
Nevada limits spoliation of evidence claims against insurance companies
12.01.03
Ten Commandments for Company Governance
12.01.03
Consignments- A Little-Known Trap For The Unwary In 2003
12.01.03
Special Market Focus: A Reflection on China’s One-Year WTO Anniversary
12.01.03
Beware Of The Independent Contractor
12.01.03
A checklist for employers to avoid wage and hour claims
12.01.03
Wage Garnishment 101
12.01.03
What Should U.S. Employers Know About H-1B AND TN Visas
12.01.03
Recommendation Roulette: Don’t Let Good Intentions End Up in Litigation
11.12.03
Compliance with Written Contractual Notice Provisions Matters, State Supreme Court rules
11.04.03
Bullivant client wins important construction defect claim
11.01.03
Court Voids Additional Insured Provisions in Construction Contracts, Part II
11.01.03
Supreme Court Alters the Playing Field on Claim Notice Requirements
10.01.03
Oregon enacts legislative policy interpretation for environmental claims
10.01.03
Washington Court rejects The Manifestation Trigger Theory
09.24.03
Court Voids Additional Insured Provisions in Construction Contracts, Part I
09.18.03
Oregon Minimum Wage Increases
09.01.03
Court Voids Additional Insured Provisions in Construction Contracts, Part I
08.22.03
Significant changes to public contracting procedures in Oregon
06.25.03
China Reveals Rules on Foreign Acquisition
06.01.03
Marine insurance and maritime law report - Summer 2003
05.30.03
Another top level domain is on the launch pad
05.01.03
How to Survive and Prosper as a Building Contractor in Today's Market
04.15.03
Victor v. Victoria: Victor Wins?
04.01.03
Recent Changes To Federal “Superfund” Law Pave The Way To Brownfield Redevelopment
04.01.03
Protecting Yourself From Stucco Related Construction Defect Claims
04.01.03
An Underutilized Tool for Transferring the Family Business
04.01.03
Small businesses and the americans with disabilities act
04.01.03
When is a Salaried Employee Entitled to Overtime Pay Under Washington’s Minimum Wage Act?
04.01.03
Why Verify Your Employees’ Social Security Number?
04.01.03
The Increasing Price of Ridicule
04.01.03
Successor company’s rights are limited by contract where liability is assumed by contract
04.01.03
Opinions of PIP medical examiner protected by the work product privilege
04.01.03
The duty to defend intentional conduct
03.26.03
Indemnity - Use It Or Lose It
2002
12.01.02
California Court Limits Employer Defenses to Sexual Harassment
12.01.02
Older Worker Benefit Protection Act (OWBPA)
12.01.02
Marine insurance and maritime law report - Winter 2002
11.01.02
Don’t Let Your Trademark Run Naked
11.01.02
Washington Court Clarifies Dissenting Shareholder Rights
11.01.02
Washington Applies Discovery Rule to Breach of Contract Actions
10.01.02
Marine insurance and maritime law report - Fall 2002
06.01.02
Collapse coverage may apply even if the sky doesn’t fall
06.01.02
What is a “tender”
06.01.02
Claims adjuster who engaged in the practice of law required to meet standard of care of a practicing attorney
06.01.02
Ground-breaking Y2K suit decided in favor of insurers
04.01.02
Marine insurance and maritime law report - Spring 2002
04.01.02
The Economic Downturn and the Workforce
04.01.02
Domestic Violence In The Workplace
04.01.02
Recent Oregon cases favorable to insurance companies
04.01.02
Babysitting is a “business pursuit”
04.01.02
Trouble brewing in Montana: The Montana Supreme Court ruled that a “holding company” of Farmers Insurance was a proper party to a libel lawsuit
04.01.02
Neither expert nor insured is qualified to testify regarding “common meaning” of policy terms
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