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Advisories & Insights

2012

01.01.12Times Change – or Do They?

2011

11.01.11Don't Overlook Warranties In Hull and P & I Policies
10.18.11Seattle Passes Paid Sick Leave Ordinance
09.27.11Billboard Easement Prohibits Landowner from Constructing a Building Blocking the View of the Billboard
09.06.11Ninth Circuit Affirms Dismissal of Breach of Contract, Washington Consumer Protection Act and Insurance Fair Conduct Act Claims Against Boiler & Machinery Insurer.
09.01.11Some Maritime Terms Explained — Part 4
09.01.11Consumer, But Not Unlicensed Contractor, May Enforce Arbitration Clause
08.31.11Bullivant Secures Jury Verdict, Court Awards Judgment Under Counterclaim for First-Party Insurance Fraud
08.24.11Insurers Not Liable Under ORS 742.061 For Attorney Fees Awarded Against Non-Settling Co-Insurers
08.23.11California Court Applies MacKinnon In Property Insurance Dispute, Finds Pollution Exclusion Applies
08.09.11Nevada Adopts Notice-Prejudice Doctrine
07.28.11New Oregon Court of Appeals Decision Holds Written Request for Arbitration is Formal Institution of Arbitration Under ORS 742.504(12)
07.21.11New Oregon Court of Appeals Decision Broadens Proof of Loss for UIM Claims
07.18.11Oregon Replaces Inheritance Tax with Estate Tax
07.13.11In Nevada, Liability Insurer Cannot Exhaust Policy Before Judgment by Interpleading Funds
07.07.11Some Maritime Terms Explained — Part 3
06.30.11California Court Upholds Attorney-Client Privilege and Work Product Protection
05.23.11Nevada Supreme Court Finds An Earth Movement Exclusion Ambiguous
05.16.11Rethinking Arbitration Agreements in Employment
05.06.11Some Maritime Terms Explained — Part 2
05.04.11Ninth Circuit Expands Criminal Liability Under Computer Fraud and Abuse Act
03.15.11Will Ninth Circuit Decision Open Floodgates on Bidding for Trademarked Keywords?
03.10.11Some Maritime Terms Explained — Part 1
03.01.11The CPSC's Consumer Database Officially Launches in March 2011: Are Your Clients Ready?
02.24.11Hiring Foreign Workers – At Home and Abroad
02.23.11Fire Insurance Policy Language Intended to Eliminate Innocent Coinsured Recovery is Unenforceable in California
02.21.11How to Stay on the NLRB's "Friends" List
02.14.11California Supreme Court Holds that Zip Code is Personal Identification Information; Requesting at Point of Sale Subject to Statutory Penalties
01.31.11Will The FTC's 'Do Not Track' Proposal Spell the End of Free Internet Content?
01.12.11Year in Review – Employment Law Changes for Employers in 2010
01.11.11Forum Selection Clauses in Maritime Contracts
01.04.11New Year's Resolution: Protect Your Confidential Shipping Data at U.S. Ports of Entry

2010

12.21.10Death and Taxes are Certain, both Addressed in Latest Tax Bill
12.16.10Theft of Money is not "Loss of Use" Under a Commercial General Liability Policy
12.02.10Deeds in Lieu are Back, but They're Complicated
11.30.10Tip Pooling by Restaurants Gets a Judicial Thumbs Up
11.29.10New Twist in LLC Law in Delaware: LLCs May Provide Greater Protection Against Creditors Than Corporations
11.23.10California Supreme Court Steps Away from Foster-Gardner Doctrine
11.22.10Ballpark, Stadium and Arena Development: How NOT to do it the Hard Way
11.16.10Employees May Not "Like" You on Facebook, But That's Not Grounds for Termination
11.11.10"Collapse" Coverage Ensues from Excluded Perils
11.05.10Marine Insurance 101
10.25.10Big Breaks for Small Businesses
10.14.10Oregon Supreme Court Decision Upholding Two-Year Limitation May Implicate Attorney Fee Exposure in UM/UIM Claims
10.08.10The Making of a Trustee
09.29.10Fair Market Value Includes Sales Tax; Washington Supreme Court Reverses Holden
09.27.10Does Authorship Really Equate to Ownership?
09.23.10Copyright Litigation Becomes A Little Bit Easier for West Coast Plaintiffs
09.22.10Is a Plastic Tarp a "Roof?"
09.16.10Federal V. State Law in Maritime Cases
08.30.10Supreme Court Closes Door on Disgruntled Foreign Investors
08.23.10Alterations to the Design Piracy Prohibition Act: Innovative Design Protection and Piracy Prevention Act ("IDPPPA")
08.11.10First-Party Insured's Bad Faith Allegations Not Sufficient to Defeat Insurer's Attorney-Client Privilege
07.15.10Official-Appearing IP Notices Raise Warning Flags
07.09.10Nevada Supreme Court Affirms Award Of "Non-Case Concluding" Sanctions For Party's Violation of Discovery Orders
07.08.10Maritime Liens for Necessaries 101
07.06.10Court Dismisses Viacom's $1 Billion Copyright Claims Against YouTube
07.06.10Proposed Data Privacy Legislation Generates Relief as Well as Concerns
06.28.10California Courts Issue Two Significant Coverage Decisions
06.24.10E-Verify Gets E-asier For Employers
06.07.10Marine Surveyor Liability
06.07.10No Breakfast at Tiffany's
06.01.10Arbitration: Good Decision or Bad, You Get What You Bargained For
05.27.10Sex and the City 2: Lessons in Fashion Law
05.20.10Managing the Case of a Lifetime: How to Survive and Prosper Without Imperiling Your Sanity, Personal and Client Relationships, and the Self-Insured Retention on Your E&O Policy
05.10.10Low Interest Rates Provide Taxpayers With Unique Opportunity To Avoid Estate And Gift Taxes
05.04.10FTC Investigates Ann Taylor For Encouraging Bloggers to Tout New Product Line
04.28.10United States Supreme Court to Rule on Fashion and Product Nemesis "Gray Market Goods"
04.21.10Big Changes for Employers in 2010
04.19.10Federal Health Care Law Requires Employers to Provide Space and Breaks for Employees who Express Breast Milk
04.15.10Reinsurers and Cedents Seek Reversal of Federal District Court Ruling in Oregon Finding Waiver of Privilege
03.29.10Business Income Coverage Shocker
03.24.10Gift Cards: Federal Reserve Board Issues Final Regulation E Amendments
03.24.10Bad Faith Expanded: An Insurer Cannot Deny the Duty to Defend in an Arguable Case, Even if Reasonably Justified
03.22.10"Equitable Contribution" Must be Fair
03.19.10Now's the Time for Tenants to Lock in Better Terms
03.17.10How to Avoid Employee Lawsuits and Reduce Litigation Costs in Tough Economic Times
03.16.10Plaintiff Who Has Sustained Only Minor, Insubstantial Physical Injuries Not Entitled to Noneconomic Damages
03.04.10Exculpatory Clauses in Shipyard Contracts
03.01.10Brownfields Redevelopment and Grants for Indian Tribes
03.01.10Brain Over Brawn
02.26.10Hotels, restaurants can find opportunities in bad economy
02.05.10Coverage Case Creates Easement Lesson for Landowners and Insureds
02.03.10An Honest Mistake Over the Use of an Easement is Not an Accident and Therefore Not a Covered Loss
02.01.10Gift Cards: Risks and Challenges Posed by New Federal Rules
02.01.10A New Challenger to AIA Documents
01.25.10Montour v. Hartford: Ninth Circuit Hacks Away at Discretionary Standard of Judicial Review
01.22.10Primary Lien Notices - No Offense Intended
01.21.10Casting Experts in Your Case's 'Storyline'
01.19.10Washington Supreme Court Issues Not-So-Gentle Reminder ($8,000,000) About Importance of Diligence in Discovery
01.11.10The End of the Estate Tax?
01.11.10New Laws Affecting Oregon & Washington Employers
01.08.10Appraisal Standards: There Ought to be a Law
01.07.10Resolving Maritime Disputes

2009

12.22.09California Court Clarifies Disclosure and Disqualification Rules For Appraisers
12.17.09Seattle Court Denies $13 Million "Collapse" Claim
11.17.09For Companies Operating On The Web, New Data Security Regulations Have Broad Implications
11.17.09Prior Publication Exclusion Applies to Trademark Infringement Claims
11.09.092010 Roth IRA Conversions
11.02.09Seaworthiness Defined
10.22.09Don't Turn Your Back on Your Property for Too Long, You May Lose It by Adverse Possession
09.01.09A Wharfinger's Duties
08.25.09Lowering the Stakes: Office Pool Penalties Reduced
08.20.09Swine Flu Predicted to Have Significant Impact on Employers and Employees
08.19.09The Biggest Identity Theft Spree in U.S. History and The Obligation of Business to Prevent Identity Theft
08.12.09Are You Olympic? The U.S. Olympic Committee May Not Think So
08.11.09Nevada Supreme Court Concludes Liability Insurer's Good Faith Obligation Includes the Duty to Inform Policyholder of a Settlement Offer
08.10.09Food Safety Enhancement Act of 2009 Passes House of Representatives with Lofty Goals and an Indeterminate Price Tag for Food Producers
08.06.09"Follow The Fortunes" Not Absolute: England's House Of Lords Reaffirms Independence Of Reinsurance Contracts
08.03.09Should an Author, or Author's Heir, Opt Out of the Google Book Settlement?
07.29.09Newly Enacted California Civil Code Section 1098 Targets Homeowner "Transfer Fees": Developer Revenue Source, Bane of Homeowners
07.22.09Comprehensive Immigration Reform on the Horizon
07.21.09Selling or Purchasing Goods Abroad – the Convention on Contracts for the International Sale of Goods (CISG)
07.17.09EEOC Issues Advisory on Age Discrimination and Severance Agreements
07.16.09Liability Still Reduces UIM Limits - Vogelin v. American Family Mutual Ins. Co. Affirmed
07.15.09Insured v. Insured Exclusion in D&O Policy Explored by Ninth Circuit
07.14.09Effective Immediately: California Enacts E-Discovery Law
07.09.09The Law of Lookouts
07.06.09Oregon Governor Signs Into Law Amendments to Statutory Attorney Fee Provisions in Small Tort and Contract Claims
06.26.09US Supreme Court holds punitive damages are recoverable for the willful failure to pay maintenance and cure
06.26.09AIMU Weekly Bulletin, Week of June 26 2009
06.25.09Choice of law matters: By arguing state law rather than federal maritime law, marina avoids liability for sinking of houseboat caused by "unsafe" berth
06.22.09New safety requirements on Nevada construction sites - Assembly Bill No. 148
06.03.09California Supreme Court Decision Raises Specter of Return of "Shakedown" Suits
05.29.09Businesses should expect increased enforcement of the Foreign Corrupt Practices Act
05.20.09Small employers take note - AB 23 provides notice and second chance opportunities for certain involuntarily terminated employees under Cal-COBRA
05.19.09California Supreme Court issues significant decision regarding Class Actions
05.15.09Submerged Obstructions to Navigation
05.07.09California Court of Appeal enforces exclusion for losses caused by third-party negligence interacting with an excluded peril
05.01.09Not Going Hog-Wild: How to protect the workplace against H1N1 (Swine Flu) prudently and legally
04.30.09EEOC Issues Employer Best Practices for Workers with Caregiving Responsibilities
04.23.099th Circuit applies federal overtime statute to Indian-owned business operating on trust land
04.20.09Sony pays the price of violating COPPA and own privacy policies
04.16.09California Court of Appeal reverses trial court's award of monetary sanctions against a nonparty insurer for failure to negotiate in good faith at a mandatory settlement conference
04.09.09Cargo Owner Held Liable for Payment of Freight When Broker Collects from Cargo Owner but Fails to Pay Carrier
04.08.09IRS issues additional information on COBRA subsidy under ARRA
03.23.09Accountants: Risks presented in the preparation of compilation reports for private investment companies
03.20.09New model COBRA notices under ARRA's federal subsidy
03.18.09Arbitration may not allow for an appeal even if the arbitrator commits an error of law
03.18.09Sale of Expired Goods, Use of Google Adwords, Could be Trademark Infringement
03.17.09Proposed legislation would increase insurers' liability for Unfair Claims Practices Act violations in Oregon and Nevada
03.05.09Employers Beware – new mandatory COBRA payment and notice requirements
03.05.09New FTC rules aimed at identity theft prevention require compliance by financial institutions and others; FTC enforcement extended to May 1, 2009
03.02.09Supreme Court decision will impact all tribes not federally recognized by 1934 in fee to trust decisions
03.02.09Court rejects jury instructions on "Genuine Dispute" Doctrine
02.25.09R&R: Shining a little light on the relief provided by the Recovery Act
02.24.09FTC Revises Guidelines for Online Behavioral Advertising as the Prospect of Legislative Action Looms
02.20.09Renewable energy projects shine in the Federal stimulus act
02.09.09Yelp.com: Democracy on the Web or a License to Libel? Rising Litigation Over Online Consumer Reviews
02.05.09Bullivant Houser Bailey PC on pollution exclusions after MacKinnon
02.03.09New Supreme Court decision: plan administrator appropriately paid pension benefits to ex-wife, the designated beneficiary, despite language in divorce decree
02.02.09No retaliation for cooperation: Supreme Court expands Title VII protection
01.29.09Obama signs Lilly Ledbetter Fair Pay Act
01.26.09How to lose your federal trademark registration
01.23.09Stimulus spending on public works projects - opportunities for construction and development entities
01.21.09Corporate officers in the cross-hairs: California Court of Appeal adopts responsible corporate officer doctrine
01.12.09Is the glass half full or half empty? California Court of Appeal revisits emotional distress claims, attorneys fees, and punitive damages in insurance “bad faith" cases
01.09.09California Appellate Court holds that liability policy limits may be stacked across policy years
01.09.09Year in Review: Employment law changes for employers in 2008
01.06.09Court limits scope of professional services exclusion
01.02.09Towing Liability, Part One: Towing Company Not Necessarily Liable for Loss of Tow
01.02.09Towing Liability, Part Two: Towing Company Not Necessarily Liable for Loss of Tow

2008

12.30.08Hold on to your money! - Relief for your retirement plan
12.30.08Payable Direct Deposit and Debit Cards: Avoiding pitfalls
12.17.08The blind must be able to view your webpage
12.17.08New Nevada ruling says insurance companies must intervene before entry of default
12.03.08Liability insureds may sue for bad faith in the absence of coverage, but must prove actual harm
11.07.08The IRA Charitable Rollover – an innovative tax benefit for you and your designated charity
11.07.08FDIC increases insurance coverage and eases trust coverage rules
11.03.08Truth or Consequences in Marine Insurance
10.31.08Liability insurers are bound by findings in judicially approved settlements
10.31.08California’s meal and rest period requirements: the debate “wages” on
10.31.08Homeowners’ CC&Rs can provide an exclusive easement over a private roadway on a landlocked parcel
10.29.08“Jumping from moving vessel” case reflects confused state of “assumption of the risk” defense in California
10.29.08Bullivant launches Arts, Entertainment & Sports law team
10.28.08New IRS whistleblower rules focus on informant rewards.
10.28.08“PRO-IP Act” Anti-Piracy Law: Copyright and trademark infringers beware
10.27.08Even limited non-competition covenants are unenforceable in California: The California Supreme Court says no “narrow restraint” exception to California’s prohibition on employee non-competition covenants
10.24.08Oregon Supreme Court affirms recovery for post-collision diminished value in first-party automobile claim
10.20.08Critical requirements for employers conducting layoffs or a reduction in force under WARN
10.16.08The Oregon Supreme Court today modified its opinion in Mid-Century Insurance Company v. Perkins
10.06.08Employee leave requests require careful consideration
10.01.08Uninsured, Overworked and Drug Free: Changes in California's Employment Law
09.30.08Employers get ready: ADA amendments require prompt attention
09.30.08The Implications of Disposal of Mining Waste in International Waters
09.09.08The Washington Supreme Court adopts the “selective tender” defense and raises the bar for late notice prejudice
08.20.08Open source software: It’s free – but it comes with strings attached
08.18.08Interpretation of excess policy is not dependent on primary policy
08.15.08Of mice and heirs
08.15.08General contractors not automatic targets for hazardous injury claims
08.06.08Bullivant attorney Norman Ronneberg continues wins for maritime industry
08.05.08California court finds insurer temporarily estopped from relying on contracting clause in RCV policy
07.24.08Oregon Supreme Court expands attorney fee exposure for UM/UIM claims
07.24.08Court adopts narrow definition of “Negligent Publication”
07.22.08Contractual duty to defend in a construction subcontract redefined by California Supreme Court
07.21.08California Supreme Court reaffirms absolute nature of statutory mediation privilege
07.18.08Are your bank deposits fully insured by the FDIC?
07.16.08Is your business CAN-SPAM compliant?
07.11.08Self-Insured Retention
07.07.08Ninth Circuit orders Exxon Valdez punitive damage award cut by $2 billion
06.30.08Swimming pool injury claim sends California Court off the coverage deep end
06.26.08IRS increases mileage rate for second half of 2008
06.25.08Terminating older employees without cause a bad idea under the ADEA?
06.25.08US Supreme Court sets limit for punitive damages in admiralty cases
06.19.08Employee 'txt' messages are no 'LOL' matter
06.12.08Bullivant prevails in rare case upholding terminating sanctions
06.12.08Bullivant prevails in rare case upholding terminating sanctions
06.05.08District court allows union fund to invoke federal preemption rule and recover on bond
05.21.08California Court Protects Insurers' Rights To Contest Coverage After Appraisal
05.19.08Employees who do not receive rest breaks cannot sue employers for unpaid wages
05.14.08Landmark trademark infringement awarded to Adidas
05.13.08Washington enacts domestic violence leave law
05.05.08New California contractors that are "All Work and No Pay."
04.28.08PDAs: 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
04.22.08A landowner can acquire a prescriptive easement over surface water coming from a neighboring property
04.21.08Supreme Court reaffirms Ninth Circuit and limits arbitration options
04.11.08Are employers required to provide benefits to same-sex domestic partners? The Oregon Insurance Division certainly thinks so!
04.09.08Supplementary Payments provision does not cover reasonable attorney fees
04.09.08California applies assumption of risk doctorine to passenger on personal watercraft- Winter 2008
04.09.08No coverage under CGL policy for dispute over berthings fees and sale of vessels- Winter 2008
04.09.08Pollution policy held void when insured fails to disclose facts material to risk even though not requested- Winter 2008
04.08.08Don't say we didn't warn you. California Supreme Court Adopts Sophisticated User Defense
04.07.08California court reaffirms no coverage for sexual assault
04.04.08Superman: The man of steel cuts down DC Comics
04.01.08Responsibilities imposed by the federal maritime doctrine of uberrimae fidei
03.21.08Constitution limits pre-employment drug testing by public employers
03.11.08New CCB requirements for Oregon contractors
03.06.08Oregon Supreme Court holds punitive damages award unconstitutionally excessive
03.05.08No individual liability for retaliation
02.26.08Oregon Supreme Court upholds the constitutionality of the statutory cap on noneconomic damages
02.26.08Easement by necessity? Not if the federal government has anything to do with it.
02.20.08California Supreme Court clarifies employers' expense reimbursement duties
02.13.08Tribes delegated air, water authority in California, Nevada, Oregon, and Arizona: potential impacts on development and resource use on and off the reservation
02.11.08San Francisco’s Health Care Ordinance finally goes into effect
02.04.08Court concludes insurance fair conduct act applies prospectively only
01.31.08Extended protected family medical leave for families of servicemembers now law
01.29.08USPTO issues signficant new rules
01.25.08Termination of marijuana users OK - California high court confirms
01.25.08New UCL "injury in fact" decision
01.24.08Actual cash value does not include sales tax under Washington law
01.23.08California Court of Appeal takes up a threshold issue of causation under the new Unfair Competition Law ("UCL")
01.22.08Supreme Court lets stand Appeals Court decision giving extraterritorial application to CERCLA
01.16.08California homeowner’s mold claim not covered
01.14.08Bullivant FCRA victories for insurance companies confirmed in the Ninth Circuit
01.10.08Extended protected family medical leave for families of servicemembers
01.08.08Urgent attention required: IRS qualified plan determination program deadline approaching
01.07.08A Year in Review: New employment laws
01.02.08California court finds insurer potentially liable for default judgment

2007

12.19.07Court finds no duty to defend defamation claim
12.17.07California court rejects “additional insured” claim
12.05.07Challenge to exempt wells leads to new controls on water use in Washington state
11.30.07Oregon Supreme Court holds that a retrocessionaire is a statutory reinsurer, and pierces corporate veil between insurers in pooling agreement
11.29.07I Have to Pay Wages for What?
11.26.07What’s all the stink about? No liability coverage for bad odors in California.
11.15.07EPA must incorporate advances in pollution-control technology during NPDES permit reviews
11.07.07Washington voters approving Referendum 67
10.16.07California Modifies “Gross Receipts Tax” for LLCs
10.15.07California Court of Appeal upholds insurer’s attorney-client privilege
10.09.07Overview: Natural resource damage assessment, restoration and litigation
10.04.07Attention Washington property owners and developers: You may be a general contractor without knowing it
09.28.07"Go fish": State told not to build culverts that may hinder fish passage
09.21.07An exclusive easement, how can that be?
09.14.07The CERCLA sleeping giant awakens? Natural resource damage claims in the wake of Yakama Tribe v. United States
09.10.07New Washington law exposes corporate officers to personal financial risk
09.07.07Social security no-match letters: A trap for the unwary employer
09.05.07Mine operator may proceed with cost recovery against United States on lands leased by BIA
09.04.07In Re: Seagate - Raising the bar for patent holders
09.01.07Fight over wages can give rise to federal admiralty jurisdiction
09.01.07No coverage for vessel that sank when bilge pump failed
09.01.07“Hijacking” clause in bill of lading exculpates carrier
09.01.07No coverage under mel endorsement for crew injury
09.01.07Vessel owner not entitled to limit liability for drowning of passenger
08.22.07New EEOC guidelines on family responsibility discrimination
08.13.07New legislation makes arbitration agreements between employers and employees voidable unless certain requirements are met
07.30.07Newly enacted legislation affecting employers
07.25.07Sixth Circuit strictly construes CERCLA three-year statute of limitations for contribution suits
07.06.07Recent Washington cases make LLC dissolution a potential trap
06.29.07New legislation eviscerates non-competition agreements in Oregon
06.28.07Chambers USA Names Rothauge One of Nation’s Top Commercial Litigators
06.25.07New legislation expands definition of disability under Washington state law
06.20.07IP Group Grows, and Garners Recognition
06.18.07Oregon Court of Appeals limits wrongful death claims
06.15.07EPA's "Good Samaritan" initiative encourages voluntary cleanups of abandoned hard rock mine sites
06.12.07Employment eligibility: What every employer needs to know
06.05.07Federal government held to have no liability to tribes for alleged common law breach of fiduciary duty
06.04.07Supreme Court decides questions of first impression in FCRA class action cases
05.25.07Delgado v. ACSC: Bad Faith and the Duty to Defend
05.15.07Coal plant joint venture between Navajo Tribe and private developer moves forward with issuance of draft EIS
05.07.07New EPA rule likely to increase role of Indian tribes in Superfund Cleanups
05.03.07What employers need to know about Oregon’s new domestic partner and anti-discrimination laws
05.02.07New disclosure obligations for sellers of real property
04.23.07Washington Legislature passes "Insurance Fair Conduct Act"
04.17.07Delaying compensation the right way – compliance with IRC Section 409A
04.16.07Snow made from reclaimed water interferes with tribes’ religious practices
04.11.07The return to the ring of “buyer beware” in Washington real estate transactions
04.10.07Montana tribes' decision to develop massive water right impacts downstream users
04.05.07U.S. Supreme Court issues major environmental rulings
04.04.07New EPA superfund ranking documents factors in "Native American traditional lifeways" impacts
04.04.07Appeals Court affirms Corps' watershed approach to general permit for filling wetlands
03.27.07Biodegrading solid waste held to give rise to superfund liability
03.27.07Washington Supreme Court holds interstate truck drivers entitled to overtime compensation for all hours worked in excess of 40 hours per week
03.23.07Jordan II: Bad Faith and the Duty to Investigate
03.23.07Power companies to spend $29 million to protect air quality on Northern Cheyenne Tribal Reservation
03.07.07Transition period for implementation of San Francisco paid sick leave ordinance
02.07.07California court holds individual supervisor personally liable for retaliation against employee
01.29.07San Francisco’s paid sick leave ordinance goes into effect February 5, 2007
01.24.07First Circuit adopts expansive reading of RCRA citizen suit provision
01.23.07One Court, Two Decisions: The Debate Continues As To What Constitutes “Direct Physical Loss” Under Business Interruption Insurance
01.23.07Federal District Court finds that “Insured vs. Insured” Exclusion Does Not Bar Coverage
01.23.07Oregon Supreme Court Finds Anti-Assignment Provision Not Ambiguous
01.23.07Bernstein v. Travelers: Discovery of Property Loss Reserves
01.23.07California Court of Appeal Rules in Favor of Property Insurer on Case Involving Reformation, Scope of Agent Authority, Doctrine of Non-Reversible Error
01.23.07New Anti-Fraud Language Required in Washington Forms
01.23.07Fire-Safer Cigarette Legislation to be Introduced in Oregon Legislature
01.17.07Trucker’s material deviations from requirements of contract of carriage render limitation of liability provision unenforceable
01.17.07District court had removal jurisdiction over plaintiff’s interstate-shipping contract claim arising from carrier’s failure to deliver goods
01.17.07Shipowners do not have duty to disclose and explain federal cause of action to their employees
01.17.07Violation of lay-up warranty does not per se void coverage
01.08.07Due Diligence & Environmental Compliance Issues for Tribal Energy Projects: Environmental Compliance Issues for Hazardous Waste

2006

12.20.06Oregon Court of Appeals allows recovery for diminished value in first party automobile claim
12.20.06Revisiting Miccosukee: Court rules NPDES permits required for water transfers
12.11.06Major revisions to health savings account rules for 2007
12.05.06Production bonuses may be prorated without violating FMLA
11.27.06EEO-1 Form: The first revisions in over 40 years
11.21.06California Supreme Court declines to limit “under construction” exception to vacancy exclusion to new construction
11.15.06Tenth Circuit rejects New Mexico’s $5 billion natural resource damage claims
11.06.06Media liability insurers beware: policy covers loss to publisher for reprinting outside of policy
11.06.06California court vacates appraisal award, finding insured did not agree that appraisers would decide causation issues
11.06.06California Supreme Court holds that claim assignees can recover Brandt fees
11.06.06Nevada Supreme Court enforces unambiguous policy exclusions regardless of causal connection to the loss
10.16.06D.C. Circuit puts hydropower industry on notice: the landscape for hydro re-licensing may have changed
10.11.06Where will hydropower go from here? Administrative law judge upholds Agencies’ proposed prescriptions for fish and habitat protection in Klamath River hydro relicensing
09.29.06New EPA rule may encourage brownfield redevelopment
09.28.06Methamphetamine contamination excluded as criminal act under apartment owners policy
09.22.06Oregon District Court ruling highlights importance of posting an accurate online privacy policy
09.01.06Marine insurance and maritime law report - Summer 2006
09.01.06Hague Protocol of 1955
08.23.06Oil & Gas leasing: Montana Supreme Court discusses “production in paying quantities”
08.16.06At-will employment in California
08.04.06Senate passes Pension Protection Act: how the new pension and 401(k) plan rules will impact employer sponsored plans
08.03.06Talking and driving don't mix -- employer responsibility for business cell phone use
07.11.06Subrogation and coordination of benefits: how to improve your health plan document
07.07.06The Supreme Court clarifies Title VII’s Anti-Retaliation Provision
07.01.06Enforcing exclusions and limitations before the policy is issued
07.01.06No harm, no foul! – A west coast primer on bad faith exposure
07.01.06California court rejects cause of action for “negligent investigation”
07.01.06California holds subcontractor owes present duty to defend
07.01.06Plain meaning of “roof” does not include “temporary roof structures”
07.01.06Methamphetamine 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
06.15.06Marine insurance and maritime law report - Spring 2006
06.15.06Maritime statute not expanded to create category of special circumstances involving vessels operating in concert and pursuant to agreed maneuvers
06.15.06Bill of lading provision exonerating carrier from liability for hijacking of cargo upheld
06.15.06Limitation of liability petition dismissed as untimely when vessel owner sued in state court as a fictitious defendant more than six months before petition filed
06.15.06No coverage under hull policy when vessel owner failed to overcome presumption of unseaworthiness when vessel sinks at berth in calm water
06.09.06Nevada State Warning Liability Survey
06.09.06California State Warning Liability Survey
06.01.06Property owners and managers: take prompt action repairing office and retail tenant problems
05.11.06Do you want your employees to "look" like your company?
05.08.06The ABC’s of legal audits for (small) businesses
04.26.06Employee loses her company laptop, can you force her to replace it?
04.21.06Exception to economic loss rule: tort liability and repair contractors
04.06.06Important tax ruling for LLCs
04.01.06Marine insurance and maritime law report - Winter 2006
04.01.06The phrase “all other like perils” after named perils in a hull policy does not convert policy to "all-risk"
04.01.06Misrepresentation about insured vessel renders hull policy void ab initio
04.01.06Shipment discharged from carrying vessel in Canada with ultimate destination in U.S. subject to COGSA
04.01.06Under COGSA, damage to goods may be shown by loss of market value
03.30.06Deicing questionnaire will catch some airports by surprise
03.01.06Court to decide if professionals will lose blackberry fix
02.28.06Oregon Supreme Court Upholds Measure 37
01.01.06Is your business legally fit for franchising?
01.01.06Unique language of insurance policy may determine coverage for clean-up costs
01.01.06Insured liable for defense and indemnity costs attributable to insolvency of insurer
01.01.06Changes to California homeowners’ insurance
01.01.06Avoiding covenant judgments: A Washington court narrows VanPort Homes
01.01.06Oregon Court of Appeals questions application of Intentional Acts Exclusion
01.01.06California Supreme Court reaffirms insurers’ right to reimbursement of defense costs

2005

12.19.05Amendments to Oregon's PIP and UM/UIM statutes to take effect January 1
12.01.05Tips to keep new no smoking laws from burning you
12.01.05Marine insurance and maritime law report - Fall 2005
11.16.05Only six weeks left to complete mandatory harassment training in California
10.18.05New legislation prompts tidal wave of bankruptcy filings before deadline
10.17.05Has somebody who owes you money recently filed bankruptcy?
10.06.05A Gambler's Game: While Excitement Bounds Over Expansion of UGBs, Results of Speculative Deals Are Not Yet Known
09.14.05Blogging, chat rooms and other potential employer nightmares
09.12.05Employers may terminate medical marijuana users under new California case
08.16.05California Supreme Court expands liability for retaliation
08.01.05Registered domestic partners are equivalent to married couples
07.26.05Summary analysis of (a few) insurance coverage issues arising in mediation of construction defect cases
07.25.05Consensual workplace affairs may create sexual harassment liability
07.14.05Washington State DOL clarifies driving requirements for minors in the workplace
07.05.05New federal rule requires proper disposal of employee data
07.01.05Marine insurance and maritime law report - Spring 2005
07.01.05Unusual California "Precedent Decision" clarifies employer responsibilities for meal/rest periods
06.06.05U.S. Supreme Court confirms all marijuana is illegal - what this means for employers
06.02.05Metro moves toward final adoption of regional land use rules
06.01.05Start your employment relationship off right
05.19.05Code upgrade coverages: does policy cover upgrades to portion of premises unaffected by insured peril
05.19.05Supreme Court affirms Walsh Construction v. Mutual of Enumclaw: additional insured endorsements required by construction contracts are void for now
05.19.05Oregon Supreme Court rules that workers’ compensation benefits are offset from UM/UIM damages rather than policy limits
05.19.05Washington liability insurer contemplating coverage denial? Read this first
05.19.05Courts crack down on policyholders’ business interruption experts
05.01.05Doctrine shields independent contractors from liability to third-parties
04.21.05Same-sex marriages void and what it means for employers
04.07.05Oregon courts expand the employment rights of medical marijuana users
04.01.05Real Estate 101: Knowing a Few Basic Elements Will Help You Get The Deal You Want
04.01.05Food service operators share common concerns
04.01.05Five essential employment law tips for hospitality businesses
03.30.05Are you following the FCRA?
03.18.05Valuable resource for HR professionals and business owners
03.11.05How will same-gender marriage law impact insurers and benefit plans?
03.01.05Veterans Benefits Improvement Act ("VBIA") makes two critical changes for employers
03.01.05Well-drafted noncompetition agreements can protect your customer base
03.01.05‘Crackberries’: digital devices clients crave
02.04.05Appellate Court affirms Bullivant client's dismissal from defect claim
01.25.05Marine insurance and maritime law report - Winter 2004
01.01.05LLC offers flexibility for real estate development

2004

12.28.04Immediate action required: IRS issues deferred compensation regulations effective January 1, 2005
12.17.04Contingent compensation: crafting your company's response to west coast state insurance regulation and parallel civil and criminal action
12.16.04California Supreme Court Limits Scope of Tort Remedy for Bad Faith
11.25.04Bullivant client wins important construction defect claim
11.24.04Oregon's Measure 37: Claims procedure may require fees
11.19.04Employer cost for post employment non-competes on the rise
11.12.04California legislature mandates sexual harassment training
11.10.04New rule on workplace investigations
10.28.04Claims based on employee cell phone use on the rise
10.27.04Working With Law Enforcement in Fraud Cases
10.05.04The insurance industry gets hit with grand jury investigations: how to respond if you receive a subpoena
09.01.04Brock v. State Farm: When Can an Oregon Insurer Deny Coverage Based on Misrepresentations in the Insurance Policy Application?
08.25.04The scope of "arising out of" and abuse exclusions
08.25.04California Supreme Court applies Brandt to contingency fee agreement
08.25.04Case of note: Washington court rejects insurer's due process
08.25.04Case of note: Oregon. Dishonest or criminal acts exclusion applies to criminal acts of tenants
08.25.04Update on Gramm-Leach-Bliley Act
08.16.04What you should know about workplace violence in Washington
06.28.04Union employers should beware of "retro" raises
06.08.04Express warranties through advertising create basis for implied indemnity claims
06.04.04Federal law may prevent discovery of information about insurance companies' insureds
06.04.04Business interruption: the saga continues
06.04.04In Nevada, the intentional act exclusion can bar coverage for an insured's intentional acts while voluntarily intoxicated
06.04.04Keep your eye on the goal (and in the meantime, find the facts)
06.02.04Oregon insurance law quick reference guide
06.02.04Washington insurance law quick reference guide
06.01.04Forum Selection Clause in Bill of Lading Held Void Under COGSA
06.01.04Exculpatory Clause in Slip Rental Agreement is Enforceable
06.01.04Delivery of Shipment to Customs Inspection Station Terminated Ocean Carrier's Responsibility
06.01.04COGSA Package Limitation Applied to Cargo Damaged on Land at Intermediate Port
06.01.04Citizenship of Non-Party Insureds Precluded Diversity in Subrogation Action
06.01.04In Brief
06.01.04New federal overtime rules issued: What is their real effect on employers?
04.14.04A Summary of Oregon Senate Bill 906A: Prompt Payment Act for Private Projects
04.06.04Ninth Circuit holds that contractual reimbursement claims are not preempted by ERISA
03.22.04Working owner may qualify as participant in employee benefit plan
03.16.04Nevada insurance law quick reference guide
03.12.04Same-sex marriage: the impact on Oregon employers
01.20.04New California law significantly increases costs to employers for Labor Code violations

2003

12.16.03New Crime Victim's Leave law an opportunity to update employee handbooks
12.12.03Barbee decision a victory for California employers
12.12.03McGinnis decision benefits California employers
12.01.03The Washington Supreme Court extends the consequences of insurer bad faith - Truck Insurance v. VanPort Homes
12.01.03Nevada limits spoliation of evidence claims against insurance companies
12.01.03Ten Commandments for Company Governance
12.01.03Consignments- A Little-Known Trap For The Unwary In 2003
12.01.03Special Market Focus: A Reflection on China’s One-Year WTO Anniversary
12.01.03Beware Of The Independent Contractor
12.01.03A checklist for employers to avoid wage and hour claims
12.01.03Wage Garnishment 101
12.01.03What Should U.S. Employers Know About H-1B AND TN Visas
12.01.03Recommendation Roulette: Don’t Let Good Intentions End Up in Litigation
11.12.03Compliance with Written Contractual Notice Provisions Matters, State Supreme Court rules
11.04.03Bullivant client wins important construction defect claim
11.01.03Court Voids Additional Insured Provisions in Construction Contracts, Part II
11.01.03Supreme Court Alters the Playing Field on Claim Notice Requirements
10.01.03Oregon enacts legislative policy interpretation for environmental claims
10.01.03Washington Court rejects The Manifestation Trigger Theory
09.24.03Court Voids Additional Insured Provisions in Construction Contracts, Part I
09.18.03Oregon Minimum Wage Increases
09.01.03Court Voids Additional Insured Provisions in Construction Contracts, Part I
08.22.03Significant changes to public contracting procedures in Oregon
06.25.03China Reveals Rules on Foreign Acquisition
06.01.03Marine insurance and maritime law report - Summer 2003
05.30.03Another top level domain is on the launch pad
05.01.03How to Survive and Prosper as a Building Contractor in Today's Market
04.15.03Victor v. Victoria: Victor Wins?
04.01.03Recent Changes To Federal “Superfund” Law Pave The Way To Brownfield Redevelopment
04.01.03Protecting Yourself From Stucco Related Construction Defect Claims
04.01.03An Underutilized Tool for Transferring the Family Business
04.01.03Small businesses and the americans with disabilities act
04.01.03When is a Salaried Employee Entitled to Overtime Pay Under Washington’s Minimum Wage Act?
04.01.03Why Verify Your Employees’ Social Security Number?
04.01.03The Increasing Price of Ridicule
04.01.03Successor company’s rights are limited by contract where liability is assumed by contract
04.01.03Opinions of PIP medical examiner protected by the work product privilege
04.01.03The duty to defend intentional conduct
03.26.03Indemnity - Use It Or Lose It

2002

12.01.02California Court Limits Employer Defenses to Sexual Harassment
12.01.02Older Worker Benefit Protection Act (OWBPA)
12.01.02Marine insurance and maritime law report - Winter 2002
11.01.02Don’t Let Your Trademark Run Naked
11.01.02Washington Court Clarifies Dissenting Shareholder Rights
11.01.02Washington Applies Discovery Rule to Breach of Contract Actions
10.01.02Marine insurance and maritime law report - Fall 2002
06.01.02What is a “tender”
06.01.02Claims adjuster who engaged in the practice of law required to meet standard of care of a practicing attorney
06.01.02Ground-breaking Y2K suit decided in favor of insurers
04.01.02Marine insurance and maritime law report - Spring 2002
04.01.02The Economic Downturn and the Workforce
04.01.02Domestic Violence In The Workplace
04.01.02Recent Oregon cases favorable to insurance companies
04.01.02Babysitting is a “business pursuit”
04.01.02Trouble brewing in Montana: The Montana Supreme Court ruled that a “holding company” of Farmers Insurance was a proper party to a libel lawsuit
04.01.02Neither expert nor insured is qualified to testify regarding “common meaning” of policy terms

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