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Category: Sports & Recreation
- Employee Spotlight: Current Paralegal and Future Attorney, Amy Bloom
Category: Admiralty & Maritime
- Four Bullivant Attorneys Named in Northern California Super Lawyers 2025
- The Loss of a Leader: Remembering Douglas Guy Houser
- Employee Spotlight: Ginger Erickson-Gettel
- 29 Bullivant Houser Attorneys Selected to Best Lawyers 2025
- Bullivant Houser Attorneys Selected to Northern California Super Lawyers 2024
- Employee Spotlight: President Laura Caldera Loera
- Passing the Torch: A Legacy of Leadership and a Plan for the Future
- 32 Bullivant Houser Bailey Attorneys Selected to Best Lawyers 2024
- Bullivant Houser California Attorneys Selected to Northern California Super Lawyers 2023
- Associate Mentoring Cohort Program
- Bullivant Houser California Attorneys Selected to Northern California Super Lawyers 2022
- Bullivant Houser’s Physical Offices Reopened with a 90-day Hybrid Pilot Program
- 22 Bullivant Houser Bailey Attorneys Selected to Best Lawyers 2022
- Bullivant Houser Bailey California Attorneys Selected to Northern California Super Lawyers 2021
- The Dangerous Dance Floor
- To Be Paid In Full – Promptly
- Bullivant Houser Bailey California Attorneys Selected to Northern California Super Lawyers 2020
- Bullivant Houser Bailey Oregon Attorneys Selected to Oregon Super Lawyers 2020
- Cruelty at Sea
- Bullivant Shareholder Inducted to the American Board of Trial Advocates
- Depositions De-Mystified
- Ocean Carriers Are Not Always Liable
- Who Is and Who Is Not an Expert Witness?
- Don’t Be Late
- The Jones Act Applies to Cargo?
- If the Shoe Fits…
- Bullivant Houser Bailey Receives Top Tier 2020 “Best Law Firms” Rankings from U.S. News – Best Lawyers
- One Way to Lose a Maritime Lien
- Bullivant Houser Bailey California Attorneys Selected to Northern California Super Lawyers 2019
- Bullivant Houser Bailey California Attorneys Selected to Northern California Super Lawyers 2019
- Pay What Is Due: Update
- Always Know Where You Are
- Gangways and Alcohol – Not A Good Mix
- Maritime Law: Pay What is Due, or Else
- Common Sense Left Ashore
- Need Help With That?
- Libel and Slander at Sea
- Of Ladders and Longshoremen
- When Vessels Break From Their Moorings
- When Crewmembers Duke It Out
- A Seaman’s Release of Claims: Is It Enforceable?
- Don’t Do That
- A Mutual Fault Collision – Who Pays What?
- Rough Seas
- In the Beginning
- Golden Oldies
- Captain’s Orders
- Pay Attention!
- A Broken Promise
- Silence is Not Golden
- The Court Is Always Open – Sometimes
- Damages Not to be Overlooked
- El Faro: Can the Vessel Owner Limit its Liability?
- Loss of Use Damages: Recoverable or Not?
- Interplay of the Washington Industrial Insurance Act and Asbestos Exposure Claims
- OOPS! – Marine Towing Liability
- Rescue at Sea
- Admiralty in the US Supreme Court, or Not
- Congestion – of the Port Variety
- What Happened?
- Finders, but Not Keepers
- Some Mar. Abbrv. Defined
- Maritime Law, Quirky Or Not?
- No Secrets Allowed
- Maritime Law: What You Don’t Know Will Cost You
- Sound Off!
- What Were They Thinking?
- Admiralty Jurisdiction – What Does That Mean?
- A Bridge Too Near
- Safe Berth Warranty Revisited
- Not So Fast
- A Vessel Defined
- Some Enlightenment on Vessel Lighting
- All-Risk Hull Insurance Clarified
- Have You Left Anything Behind?
- Maritime Piracy in US Courts
- The Law of Logbooks
- Appeals in Maritime Cases
- Times Change – or Do They?
- Don’t Overlook Warranties In Hull and P & I Policies
- Some Maritime Terms Explained — Part 4
- Some Maritime Terms Explained — Part 3
- Some Maritime Terms Explained — Part 2
- Some Maritime Terms Explained — Part 1
- Forum Selection Clauses in Maritime Contracts
- Marine-Insurance-101
- Federal v. State Law in Maritime Cases
- Maritime Liens for Necessaries 101
- Marine Surveyor Liability
- Exculpatory Clauses in Shipyard Contracts
- Resolving Maritime Disputes
- Seaworthiness Defined
- A Wharfinger’s Duties
- The Law of Lookouts
- Choice of law matters: By arguing state law rather than federal maritime law, marina avoids liability for sinking of houseboat caused by “unsafe” berth
- Submerged Obstructions to Navigation
- Towing Liability, Part Two: Towing Company Not Necessarily Liable for Loss of Tow
- Court rejects jury instructions on “Genuine Dispute” Doctrine
- Towing Liability, Part One: Towing Company Not Necessarily Liable for Loss of Tow
- “Jumping from moving vessel” case reflects confused state of “assumption of the risk” defense in California
- Bullivant attorney Norman Ronneberg continues wins for maritime industry
- Don’t Lose Your Coverage Before You Need It Most
- Hague Protocol of 1955
Category: Appellate
- Blurred Lines: Twigg Shifts the Standard for Accidental Property Damage in Oregon
- California Supreme Court Limits Policyholder Illusory Coverage Arguments
- California Changes Summary Judgment Rules for 2025
- Oregon Court of Appeals Confirms a CGL Policy Does Not Cover Liability Resulting from a Contract Claim
- 22 Bullivant Houser Bailey Attorneys Selected to Best Lawyers 2023
- Bullivant Houser Bailey Oregon Attorneys Selected to Oregon Super Lawyers 2021
- Oregon Court of Appeals Widens the Door to Expert Testimony Regarding Medical Causation
- Washington Supreme Court Tells Lawyers Representing Both Insurers and Insureds to Proceed—Carefully
- Washington Supreme Court Extends Efficient Proximate Cause Rule to Third-Party Coverage Disputes
- Duty to Defend Triggered by Extrinsic Evidence Showing Insurer-Insured Relationship Existed
- California Court Holds That Scope of Repair Is Appraisable
- California Appellate Court Upholds Replacement Cost Condition but Authorizes “Conditional Judgment” for Replacement Cost Benefits
- Oregon Court of Appeals Rejects Insured Conditioning His Duty to Cooperate after Loss
- Oregon Court of Appeals’ Decision Says Medical Service Providers May Accept a Lower Rate than Otherwise Payable under Workers’ Compensation Fee Schedule
- Citing the Lack of a “Daubert” Hearing, U.S. Ninth Circuit Vacates $10 Million Asbestos Verdict
- California Appellate Court Addresses Professional Liability Coverage Issues
- One Court, Two Decisions: The Debate Continues As To What Constitutes “Direct Physical Loss” Under Business Interruption Insurance
Category: Asbestos Litigation
- Actual Knowledge or Awareness That Product is Sold in Washington Required for Personal Jurisdiction Based on Stream of Commerce
- Pandemic’s Impact on Case Evaluations
- Oregon Supreme Court Chief Justice Order Restricts Court Hearings and Operations
- Thirty Years of Asbestos Litigation: Where We’ve Been and Where We’re Going
- Who’s Suing Whom: Current Asbestos Filing Trends
- Hot and Emerging Jurisdictions: Illinois, New York, Oregon & Washington
- Superior Court of Pennsylvania Strikes Down “Any Exposure” Theory in Asbestos Litigation
Category: Business & Corporate Law
- Bullivant Houser Attorneys Selected to Oregon and Washington Super Lawyers 2024
- Navigating the Americans with Disabilities Act – When does the ADA Interactive Process Stop?
- Mediation: A Better Solution than You May Have Thought
- Bullivant Houser Washington Attorneys Selected to Washington Super Lawyers 2021
- Bullivant Presents Part 3 of Paycheck Protection Program Webinar Series
- Bullivant Presents “Maximizing Forgiveness Under the Paycheck Protection Program” Webinar
- “Force Majeure” and COVID-19: A Commercial Tenant’s Guide
- Bullivant Presents “Benefits and Pitfalls Under the CARES Act that Every Small Business Needs to Understand” Webinar
- Risk Management Article COVID-19
- Mediating in a Social Distancing Environment
- What are Essential Businesses and Workers for COVID-19
- Small Business Employer and Employee Options in This Uncertain Time
- Does Time Stand Still?
- The Families First Coronavirus Response Act: Employer FAQs
- Maintaining a Fortress of Solitude in Uncertain Times
- Bullivant Houser New Logo
- Bullivant Houser Announces New Shareholder
- Risk Management Protocols: First Step against Cyberthreats
- Hidden in Plain Sight – Bad Faith in ERISA Actions
- New Oregon Law Extends Sick Leave to (Almost) All Employees
- Employees and Applicants Will “Like” New Oregon Social Media Law
- Oregon Crowdfunding Regulations Released
- What Can a Business Do When It Is Under Attack on Social Media?
- “The Point” Makes Its Point
- Portland Mandates Paid Sick Leave to “Promote a Vibrant, Productive and Resilient City”
- For Companies Operating On The Web, New Data Security Regulations Have Broad Implications
- Recent Changes To Federal “Superfund” Law Pave The Way To Brownfield Redevelopment
Category: Civil Regulatory Investigation
- New California Legislation for 2024
- Bullivant Houser Bailey Washington Attorneys Selected to Washington Super Lawyers 2019
Category: Class Action & Mass Tort Defense
Category: Commercial Litigation
- Four Bullivant Attorneys Ranked Again in 2025 Chambers Guide USA
- Bullivant Houser Once Again Ranked in Chambers Guide USA for 2024
- Bullivant Houser Washington Attorneys Selected to Washington Super Lawyers 2023
- Bullivant Houser Oregon Attorneys Selected to Oregon Super Lawyers 2023
- Six Bullivant Houser Bailey Attorneys Selected to Best Lawyers: Ones to Watch 2023
- Bullivant Houser Oregon Attorneys Selected to Oregon Super Lawyers 2022
- Bullivant Houser Washington Attorneys Selected to Washington Super Lawyers 2022
- Bullivant Houser Highly Recommended as a Leading Firm in Chambers USA 2022 Survey
- Seven Bullivant Houser Bailey Attorneys Selected to Best Lawyers: Ones to Watch 2022
- Six Bullivant Houser Bailey Attorneys Selected to Best Lawyers: Ones to Watch 2021
- Bullivant Highly Recommended as a Leading Firm in Chambers USA 2020 Survey
- Bernstein Re-Elected to Bullivant Houser Bailey Board of Directors
- Hanson Elected as Bullivant Houser New Shareholder
- Bullivant Houser President is elected as the Vice-Chair of Tort, Trial & Insurance Practice Section of the American Bar Association
- Laura Caldera Joins International Association of Defense Counsel
- Experienced Civil Litigator Charles Willmes Rejoins Bullivant
- Why Defense Lawyers Should Care About Social Media, Part 2
- Why Defense Lawyers Should Care About Social Media, Part 1
- California Adopts Seven-Hour Deposition Rule Effective January 1, 2013
- The Washington Supreme Court adopts the “selective tender” defense and raises the bar for late notice prejudice
- Court concludes insurance fair conduct act applies prospectively only
- Actual cash value does not include sales tax under Washington law
- California court finds insurer potentially liable for default judgment
- California Court of Appeal upholds insurer’s attorney-client privilege
- An exclusive easement, how can that be?
Category: Construction
- Seasoned Litigator Robert Spajic Joins Bullivant in Portland
- Consumer, But Not Unlicensed Contractor, May Enforce Arbitration Clause
- A landowner can acquire a prescriptive easement over surface water coming from a neighboring property
- “Right to pass by permission” sign may protect your property from an uninvited and permanent use by another
Category: D&O Liability
- Happy Hour on the Lawn
- Seven Things About Professional Liability Coverage, Part 7: Some Exclusions
- Seven Things About Professional Liability Coverage, Part 6: Restitutionary Relief
- Seven Things About Professional Liability Coverage, Part 5: Self-Eroding Policies
- Seven Things About Professional Liability Coverage, Part 4: Related & Interrelated Acts
- Seven Things About Professional Liability Coverage, Part 3: Retroactive Dates
- Seven Things About Professional Liability Coverage, Part 2: Claims Made and Reported Provisions
- Seven Things About Professional Liability Coverage, Part 1: Professional Services
Category: Employment Counseling & Litigation
- Oregon Employment Law Updates
- Small Business Benefits and Obligations Under the CARES Act Webinar
- Washington Becomes 5th State to Require Paid Family Medical Leave
- Oregon Expands Employer Obligations and Liability with Equal Pay Act of 2017
- Oregon Governor Signs “Ban the Box” Bill Preventing Questions about Criminal Convictions
- Why Seattle’s Minimum Wage Hike is Relevant to All Employers – Not Just Those in Seattle
- Oregon Becomes First State to Mandate Protected Bereavement Leave
- Ooh-Rah! Veterans Day Gets a Little Sweeter for Oregon Veterans
- Who Really Is the “Supervisor” in Your Office When It Comes to Your Liability for a Hostile Work Environment?
- Weighing the Options of the Affordable Care Act
- Let Them Eat Cake…but Follow These Rules: Compliance with California’s Mandatory Meal Break Statutes
- Seattle Passes Paid Sick Leave Ordinance
- Rethinking Arbitration Agreements in Employment
- Hiring Foreign Workers – At Home and Abroad
- Tip Pooling by Restaurants Gets a Judicial Thumbs Up
- What employers need to know about Oregon’s new domestic partner and anti-discrimination laws
Category: Environmental
Category: ERISA & Employee Benefits
- Are employers required to provide benefits to same-sex domestic partners? The Oregon Insurance Division certainly thinks so!
- San Francisco’s Health Care Ordinance finally goes into effect
- Subrogation and coordination of benefits: how to improve your health plan document
Category: Fidelity & Surety
- American Bar Association TIPS Fidelity & Surety Law 2019 Midwinter Conference
Category: Fiduciary Litigation
Category: Insurance Coverage
- Adams Elected as Bullivant Houser New Shareholder
- The Oregon Supreme Court Issues Insurers a Lump of Coal
- California Court Rejects Application of Pollution Exclusion to Property Owner’s COVID-19 Claim
- Nevada Supreme Court Holds COVID-19 is not a Direct Physical Loss Covered by Property Insurance Policies
- Nevada Division of Insurance Attempts to Fix the Prohibition of Defense Within Limits Policies
- Nevada Outlaws Self-Eroding Liability Insurance Policies
- Further Breaking News: Oregon Bad Faith Bill Surprisingly Does Not Make it to Governor!
- California Supreme Court Refines Rules of Policy Interpretation
- California Goes to Texas: The Insurance Consequences of California’s Adoption of a Private Right of Action Against Firearms Manufacturers, Distributors, and Sellers
- Significant California Decision Enforcing Statutory Prohibition on Liability Coverage for Willful Acts
- Insuralex chooses Bullivant Houser as its exclusive member in Washington
- Andy Downs Co-edits the Third Edition of the ABA’s Property Insurance Litigator’s Handbook
- Washington Legislature Renews Attempt to Create Coverage for COVID-19 Business Interruption Claims
- Mooney Elected as Bullivant Houser New Shareholder
- WHAT DO THEY HAVE FOR US THIS YEAR? New California Insurance Laws for 2022
- Experienced Trial Attorneys Jeff Hill and Brad Lamb Join Bullivant Houser in Portland
- Oregon’s New Payee Notification Law: What Insurers and Their Lawyers Need to Know
- Update on Insurance Coverage Legislation Sparked by 2020 Wildfires
- Historic 2020 Wildfires Spark Proposed Insurance Coverage and Bad Faith Legislation in Oregon
- Four Corners, Eight Corners, and Fronting Turned Upside-Down
- Nevada Gets on the “Buss,” Adopts Insurer Right of Reimbursement for Uncovered Defense Costs
- Washington Legislature Attempts to Create Coverage for COVID-19 Business Interruption Claims
- What Did Santa Leave for Property Insurers? New California Laws Affecting Property Claims in 2021
- No Multidistrict Litigation for Most COVID-19 Business Income Litigation
- Bill to Create Statutory Presumption of Direct Physical Loss for COVID-19 Business Income Claims Dies in California Legislature
- Bullivant Houser Bailey Washington Attorneys Selected to Washington Super Lawyers 2020
- California Legislators Attempt to Create Business Income Coverage for COVID-19 by Reversing Burdens of Proof
- New Washington Regulation Impacting an Insurer’s “Adverse Notification”
- California Court Revisits “Genuine Issue Doctrine” Applicability to Consultant Opinions
- Limitations in Federal Court on Damages for Claims Involving Cannabis
- California Insurance Commissioner Issues Direction to Insurers Handling Business Income Claims
- California Supreme Court Adopts Vertical Exhaustion
- The Math Just Got More Complicated
- Guadagno Elected to Bullivant Houser Compensation Committee
- California’s New Year’s Resolution: Let’s Make Discovery More Expensive
- The Only Constant is Change: New California Insurance Laws for 2020
- A Trauma-Informed Approach to Legal Representation of Human Trafficking Survivors
- Bullivant Shareholder Selected for Fellowship in the American College of Coverage Counsel
- Washington Supreme Court Protects Individual Adjusters from Bad Faith Liability
- California Supreme Court Adopts Vertical Exhaustion
- A Deal Is Not A Deal: California Court Uses Uniform Voidable Transactions Act to Invalidate Policyholder Release of Bad Faith Claim
- Summary Judgment Affirmed by Oregon Court of Appeals on Employee Dishonesty Policy
- Bullivant Houser Bailey Oregon Attorneys Selected to Oregon Super Lawyers 2019
- Bullivant Houser Bailey PC Announces New Practice Group Leader for the Insurance Law Group
- Perrin Conferences’ Insurance Coverage & Allocation Issues Conference
- Insuralex chooses Bullivant Houser Bailey PC as its exclusive member in California
- When Disaster Strikes: Coverage for Natural Disasters
- Bullivant Highly Recommended as a Leading Firm in Chambers USA 2019 Survey
- Washington Federal Court Upholds Validity of Washington Defense Cost Endorsement Allowing Insurer to Obtain Reimbursement of Defense Costs for Uncovered Claims
- Matt Sekits Named to Bullivant Board of Directors
- Proposed Oregon Insurance “Bad Faith” Legislation
- California Court Permits Policyholder to Sue Insurer’s Coverage Counsel for Invasion of Privacy
- Nevada Supreme Court Leaves Coal in Insurers’ Holiday Stockings
- California Court Expands CGL Definition of Loss of Use Property Damage
- New California Laws Affecting Property Insurance Claims
- Why Insurers and Coverage Lawyers Need to Care About Dynamex
- Take It Personally: Washington Imposes Extracontractual Liability on Claims Handlers
- California Legislators React to Wildfire Claims
- Follow the Rules If You Want to Cancel a Policy in Nevada
- Excess Policies Can’t Be Stacked Selectively
- Supreme Court Limits Jurisdiction for Claims by Non-Resident Plaintiffs
- Ninth Circuit to Oregon: A Liability Policy’s Known Loss Provision Does Not Bar Coverage for Damage that Occurs After Negligent Repair
- Another Step Towards the Policyholder: California Supreme Court Revives Effort to Regulate Replacement Cost Underwriting
- Idaho Supreme Court Ushers In “Profound” Change to Idaho Law
- Lawyers, Guns & Money: California Supreme Court Introduces More Subjectivity into Attorney-Client Privilege Determinations
- Avoiding the Casserole Theory of Insurance Coverage
- Back to the Future for California Jurisprudence
- Idaho Supreme Court Rules Anti-Stacking Clause is Ambiguous
- California Breathes New Life Into the Genuine Issue Defense in Bad Faith Litigation
- No Duty to Defend for Trespass Claim
- Analyzing an Insured’s “Reasonable Expectation of Coverage”
- No Insurance Coverage for Injuries at House Party
- Oregon Bad Faith Bill Dies on the Vine
- Hemingway, the Oregon Supreme Court, and What Is Right until It Is Wrong
- Nevada Adopts Cumis Independent Counsel Rule; Holds Reservation of Rights Is Not a Per Se Conflict
- California Supreme Court Finds Liability Policies Are Assignable in Some Circumstances
- Washington Supreme Court Defines “Collapse” to Include “Substantial Impairment of Structural Integrity”
- Proposed Oregon Insurance “Bad Faith” Legislation is Dead!
- Insurer Owes Duty to Defend Claim of Intentional Infliction of Emotional Distress, Says the Idaho Federal District Court
- Washington Court Holds Covenant Judgment Sets a Floor, Not a Ceiling, on Damages
- California Court of Appeal Allows Insured to Sue Adjuster Personally for Negligent Misrepresentation and Intentional Infliction of Emotional Distress
- California Clarifies Scope of Reasonable Expectations for Additional Insureds
- New Nevada Statute May Affect Enforceability of Appraisal Clause in Property Insurance Policies
- Washington Court of Appeals Clarifies an Insurer’s Subrogation Rights
- The Use of Fringe Science in Washington State Collapses for Policyholder Allegations of “Collapse”
- Back on the Menu in California Bad Faith Litigation: Unfair Competition Claims
- Consequences for Breach of the Duty to Cooperate
- “Don’t Leave Home Without It”—Supreme Court Allows Class Action Waivers in Arbitration Agreements
- Failure to Warn: Medical Payment Provision can be a Trap for the Unwary
- How To Make Rain Disappear
- Idaho Supreme Court Holds There Is Coverage for Attorney’s Fees Even Though There Are No Covered Damages
- Attorney-Client Privilege Analyzed by Idaho Federal Court in Insurance Company’s Bad Faith Case
- Idaho High Court Calls Third Strike on “Baseball Rule”
- Washington Supreme Court Announces New Presumption of No Attorney-Client Privilege for First-Party Insurers
- New Federal Court Decision Protects Insurer’s Decision Not To Continue Defending Policyholder During Appeal
- In Washington, Binding Arbitration Clauses in Insurance Contracts are No Longer Enforceable
- California Enforces Law or Ordinance Exclusion in Property Policy
- Staples v. Allstate: “Substantially Complying” with an EUO Requirement Without Complying at All
- Three Lessons from Bad Faith Appeal Awarding Insurer Its Attorney’s Fees
- CGL Firearms Exclusion Precludes Coverage for Negligence Claims
- California Supreme Court’s Holiday Gift to Recreational Activity Operators: Expansion of “Primary Assumption of the Risk” Defense
- Insurer May Owe Duty to Defend Where Date of Property Damage is Not Specified in Underlying Complaint
- Insured’s Allegations In Suit Against Contractors Deemed Admissions Precluding First-Party Coverage
- Washington High Court Limits Insurers’ Jury Trial Rights
- California Court Rejects Declination Regardless of Insured’s Breach of Proof of Loss and Notice Requirements
- California Adopts “All-Sums-With-Stacking” Doctrine for Continuous and Progressive Property Damage Liability Claims
- Nevada Supreme Court Rejects Use of Constructive Notice for Claims Made and Reported Policy
- Washington Supreme Court Addresses “Ensuing Loss” Provisions, the “Efficient Proximate Cause” Rule, and the Definition of “Collapse”
- Sometimes the Good Guys Win: Collusive Settlements and Fraudulently Induced “Judgments” Don’t Break Policy Limits
- Bullivant Secures Jury Verdict, Court Awards Judgment Under Counterclaim for First-Party Insurance Fraud
- Insurers Not Liable Under ORS 742.061 For Attorney Fees Awarded Against Non-Settling Co-Insurers
- California Court Applies MacKinnon In Property Insurance Dispute, Finds Pollution Exclusion Applies
- Nevada Adopts Notice-Prejudice Doctrine
- In Nevada, Liability Insurer Cannot Exhaust Policy Before Judgment by Interpleading Funds
- California Court Upholds Attorney-Client Privilege and Work Product Protection
- Nevada Supreme Court Finds An Earth Movement Exclusion Ambiguous
- Fire Insurance Policy Language Intended to Eliminate Innocent Coinsured Recovery is Unenforceable in California
- Theft of Money is not “Loss of Use” Under a Commercial General Liability Policy
- California Supreme Court Steps Away from Foster-Gardner Doctrine
- “Collapse” Coverage Ensues from Excluded Perils
- Fair Market Value Includes Sales Tax; Washington Supreme Court Reverses Holden
- First-Party Insured’s Bad Faith Allegations Not Sufficient to Defeat Insurer’s Attorney-Client Privilege
- Nevada Supreme Court Affirms Award Of “Non-Case Concluding” Sanctions For Party’s Violation of Discovery Orders
- California Courts Issue Two Significant Coverage Decisions
- Arbitration: Good Decision or Bad, You Get What You Bargained For
- Managing 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
- Business Income Coverage Shocker
- Bad Faith Expanded: An Insurer Cannot Deny the Duty to Defend in an Arguable Case, Even if Reasonably Justified
- “Equitable Contribution” Must be Fair
- Brain Over Brawn
- Coverage Case Creates Easement Lesson for Landowners and Insureds
- An Honest Mistake Over the Use of an Easement is Not an Accident and Therefore Not a Covered Loss
- Washington Supreme Court Issues Not-So-Gentle Reminder ($8,000,000) About Importance of Diligence in Discovery
- California Court Clarifies Disclosure and Disqualification Rules For Appraisers
- Seattle Court Denies $13 Million “Collapse” Claim
- Prior Publication Exclusion Applies to Trademark Infringement Claims
- Insured v. Insured Exclusion in D&O Policy Explored by Ninth Circuit
- Effective Immediately: California Enacts E-Discovery Law
- California 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
- Pollution exclusions after MacKinnon
- Is 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
- Court limits scope of professional services exclusion
- Liability insureds may sue for bad faith in the absence of coverage, but must prove actual harm
- California court finds insurer temporarily estopped from relying on contracting clause in RCV policy
- Court adopts narrow definition of “Negligent Publication”
- Swimming pool injury claim sends California Court off the coverage deep end
- Bullivant prevails in rare case upholding terminating sanctions
- California Court Protects Insurers’ Rights To Contest Coverage After Appraisal
- “IFCA only applies prospectively,” says the U.S. District Court for the Western District of Washington
- Supplementary Payments provision does not cover reasonable attorney fees
- California court reaffirms no coverage for sexual assault
- Responsibilities imposed by the federal maritime doctrine of uberrimae fidei
- Court finds no duty to defend defamation claim
- What’s all the stink about? No liability coverage for bad odors in California.
- Supreme Court decides questions of first impression in FCRA class action cases
- Delgado v. ACSC: Bad Faith and the Duty to Defend
- Jordan II: Bad Faith and the Duty to Investigate
- Bernstein v. Travelers: Discovery of Property Loss Reserves
- California Court of Appeal Rules in Favor of Property Insurer on Case Involving Reformation, Scope of Agent Authority, Doctrine of Non-Reversible Error
- California Supreme Court declines to limit “under construction” exception to vacancy exclusion to new construction
- California court vacates appraisal award, finding insured did not agree that appraisers would decide causation issues
- Nevada Supreme Court enforces unambiguous policy exclusions regardless of causal connection to the loss
- Enforcing exclusions and limitations before the policy is issued
- California court rejects cause of action for “negligent investigation”
- Supreme Court affirms Walsh Construction v. Mutual of Enumclaw: additional insured endorsements required by construction contracts are void for now
- Courts crack down on policyholders’ business interruption experts
- The scope of “arising out of” and abuse exclusions
- Business interruption: the saga continues
Category: Intellectual Property
- Frequently Asked Questions: Trademark
- Frequently Asked Questions: Patent
- Frequently Asked Questions: Domain Name
- Frequently Asked Questions: Copyright
- Ninth Circuit Expands Criminal Liability Under Computer Fraud and Abuse Act
- New Year’s Resolution: Protect Your Confidential Shipping Data at U.S. Ports of Entry
- Does Authorship Really Equate to Ownership?
- Copyright Litigation Becomes A Little Bit Easier for West Coast Plaintiffs
- Official-Appearing IP Notices Raise Warning Flags
- How to lose your federal trademark registration
- “PRO-IP Act” Anti-Piracy Law: Copyright and trademark infringers beware
- Of Mice and Heirs
- Landmark trademark infringement awarded to Adidas
- Superman: The man of steel cuts down DC Comics
- In Re: Seagate – Raising the bar for patent holders
Category: Medical Malpractice
- Penn Gheen Named “Lawyer of the Year” by Best Lawyers® 2022
Category: Personal & Catastrophic Injury Litigation
- California Expands Recoverable Damages in Wrongful Death Suits
- Bullivant Houser Bailey Announces New Shareholder
- Oregon Court of Appeals limits wrongful death claims
Category: Product Liability
- 20 Bullivant Houser Bailey Attorneys Selected to Best Lawyers 2021
- Penn Gheen and John Osburn Named “Lawyer of the Year” by Best Lawyers® 2021
Category: Professional Liability
- Dingler Discusses Tech Scam Risk Management
- Wilhelm Dingler Describes Liability Lessons Learned in Pennsylvania CPA Journal
Category: Real Estate & Land Use
- Neighborly or Trespassing? Equitable Easement and Portable Patio Furniture
- California Court Says Neighbor Has a License to Landscape, Forever
- “Use it or lose it” principle does not result in partial extinguishment of easement.
- The Agreed-Boundary Doctrine: Acquiescence in Fence Location Does Not Establish New Property Boundary Line
- Property Owners: Only you can prevent prescriptive easements.
- Adverse possession by a co-owner: intent to oust co-owner must be clear and unequivocal
- Billboard Easement Prohibits Landowner from Constructing a Building Blocking the View of the Billboard
- Don’t Turn Your Back on Your Property for Too Long, You May Lose It by Adverse Possession
- Liability insurers are bound by findings in judicially approved settlements
- Homeowners’ CC&Rs can provide an exclusive easement over a private roadway on a landlocked parcel
- Easement by necessity? Not if the federal government has anything to do with it.
Category: Securities Litigation
Category: Transportation
- “Fustest with the Mostest”
Category: Trusts and Estate Litigation
- An Underutilized Tool for Transferring the Family Business
Category: Uncategorized
- Bullivant DEI Committee Quarterly Event Series Kicks Off with Community Museum Visits
- Newest Bullivant Houser Shareholders: Carley, Park, Cronin, and Ho
- TIPS Celebrates National Financial Literacy Month
- Court Dismisses Sex Trafficking Claims Against Hotelier
- Leading the Way: Loren Podwill Assumes Role as ABA TIPS Chair
- Bullivant Houser Recognized Once Again by Chambers USA in 2023, with Firm President-Elect Laura Caldera Loera Joining the Roster of Chambers Ranked Attorneys
- Jeanne Loftis Recognized with 2023 OADC President’s Award
- On Community Service and Civic Engagement: A Message from President Loren Podwill
- Mitchson, Hill, Kiess, Ryan, Butler, and McLean Elected as Bullivant Houser Shareholders
- Bullivant Among the Greatest Places to Work in Oregon and SW Washington, Makes The Oregonian’s List of Top Workplaces 2022
- Bullivant Houser Launches New Website
- Bullivant Houser has been named a Top Workplace in The Oregonian Top Workplaces
- Andy Downs will Serve a Second Term on ACCC Board of Regents
- Bullivant Highly Recommended as a Leading Firm in Chambers USA 2021 Survey
- Jeanne Loftis has been appointed as Chair of the National Membership Committee for ADTA
- Return to School Brings New Allegations and Lawsuits Over Bullying, Cyberbullying, Harassment, and Hazing
- Member Spotlight: Doug Houser
- COVID-19 Social Distancing: Cyberbullying Resources
- Paycheck Protection Program – an Economic Lifeline During an Unprecedented Crisis
- Optimizing Your Use of Local Counsel
- Washington Enacts New Law Expanding the Scope of Wrongful Death Beneficiaries
- Networking Not Working? 5 Common Mistakes New Attorneys Make and How to Fix Them
- Social Media, Debt, and Exclamation Points: Millennials in the Legal Profession
- Genetic Testing Company Escapes Class Action Privacy Suit
- Matt Wojcik Scores Some Wins for Bullivant’s Casualty Litigation Clients
- Andy Downs Comments on Bristol-Myers Squibb v. Superior Court of California SCOTUS Decision
- Bullivant Attorney Obtains Summary Judgment in $10.5 Million Asbestos Litigation Claim against Building Materials Distributor
- Employers Should Avoid One-Size-Fits-All Noncompetition Agreements
- Bullivant Attorney, Team of Co-Counsel Get $3.6 Million Verdict Set Aside, New Trial Ordered
- Bullivant Attorneys Secure Defense Verdict in a First-Party Property Claim Case
- Doug Houser Retires from Nike’s Board, Tells a Fateful Creation Story
- Helping Our Community Prosper through SummerWorks
- Michael Guadagno Serves as Coach and Mentor for Middle School Mock Trial
- How to Settle Purchase and Sale Disputes
- Water Park Gets No Insurance Recovery after Jury Returns Unanimous Verdict in Idaho Federal Court Case
- Bullivant Attorneys Secure Unanimous Jury Verdict in Vacancy Clause Case
- Loren Podwill Featured Among Portland’s Top Law Firm Executives
- Ninth Circuit Affirms Dismissal of Breach of Contract, Washington Consumer Protection Act and Insurance Fair Conduct Act Claims Against Boiler & Machinery Insurer.
- Is your business CAN-SPAM compliant?
- Urgent attention required: IRS qualified plan determination program deadline approaching

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