Legal Updates and Articles

Is Birthright Citizenship Good for America?

Lane Powell Counsel to the Firm Margaret Stock authored an article in the Winter 2012 issue of Cato Journal titled “Is Birthright Citizenship Good for America?” In the article, Stock discusses the 14th Amendment’s Citizenship Clause and proposed changes. The Declaration of Independence famously asserted that “all men are created equal,” but this assertion did [...]

Where’s the Juice? False-Advertising Litigation Over Pomegranate Juice Provides a Classic Study

Lane Powell Shareholder Paul Swanson authored an article in Seattle Business magazine’s February 2012 issue titled “Where’s the Juice? False-Advertising Litigation Over Pomegranate Juice Provides a Classic Study.” In the article, Swanson discussed food product misbranding, using the case Pom Wonderful vs. Ocean Spray as an example of false-advertising litigation. An exemplar case is Pom Wonderful vs. Ocean Spray Cranberries. POM [...]

NLRB Strikes Down Arbitration Agreement Containing Class Action Waiver

A recent decision from the National Labor Relations Board (the “NLRB”) will likely make it more difficult for employers to obtain and enforce class action waivers in arbitration agreements. The NLRB’s decision in D.H. Horton, Inc. invalidated an arbitration agreement that prevented employees from filing claims with the NLRB or pursuing collective or class action claims in either arbitration or court. In the short term, the NLRB’s decision may provide employee-side attorneys with additional ammunition to prevent arbitration agreements from being enforced. Employers with arbitration agreements should carefully evaluate this decision, and other recent legal developments, to determine whether their agreements remain enforceable.

Protect Your Intellectual Property: Use Care With Consultants

Unless your consulting agreements explicitly require your consultants to assign their inventions to you, they have no obligation to do so, and your competitors could end up owning your intellectual property. Read the article (PDF) for details. For more information, please contact the Intellectual Property and Technology Practice Group at Lane Powell: 206.223.7000 Seattle 503.778.2100 [...]

NLRB Postpones Employee Rights Posting Requirement to April 30, 2012

The National Labor Relations Board (“NLRB”) has once again postponed the effective date of its new rule requiring employers to post notices of employee rights. According to the NLRB, the new effective date will now be April 30, 2012. In the October 10, 2011, Legal Update titled “NLRB Postpones Employee Rights Posting Requirement to January [...]

Health Care Replay? Events This Year Could Send Reforms Back to the Drawing Board

Lane Powell Shareholder Jeff Gingold authored an article in Seattle Business magazine’s January 2012 issue titled “Health Care Replay? Events This Year Could Send Reforms Back to the Drawing Board.” In the article, Gingold discussed health care reform and how there may be parallels between Washington’s 1992-95 health care reform period and where we are [...]

Preparing for the Next Wave of FDIC Suits Against Bank Directors and Officers

Lane Powell Shareholder Larry Gangnes authored an article in the Winter 2011 issue of Community Banker magazine titled “Preparing for the Next Wave of FDIC Suits Against Bank Directors and Officers.” In the article, Gangnes discusses the recent Federal Deposit Insurance Corporation (“FDIC”) announcement that it has authorized suits to recover “more than $7.2 billion in damages” [...]

Why the WCI Still Matters

Lane Powell Shareholder David Van’t Hof authored an article in the December 16 Sustainable Business Oregon titled “Why the WCI Still Matters.” In the article, Van’t Hof discusses that although many states have dropped out of the program, the Western Climate Initiative (“WCI”) is still important because it’s building the largest greenhouse gas cap-and-trade program in North [...]

Protecting Written Loan Terms in an Evolving Environment

Lane Powell attorneys Greg Fox and Brandon Miller co-authored an article in the November/December 2011 issue of Washington Bankers Association’s Issues & Answers magazine titled “Protecting Written Loan Terms in an Evolving Environment.” In the article, Fox and Miller discuss informal email discussions and/or agreements between a borrower and lender, and their effect on written [...]

At-Will Employment is Never as Simple as it First Sounds: Employers Must Treat Workers in a Consistent Manner

Lane Powell Attorney Christine Thelen authored an article in the December 2 Portland Business Journal titled “At-Will Employment is Never as Simple as it First Sounds: Employers Must Treat Workers in a Consistent Manner.” In the article, Thelen discusses what employers can do to preserve at-will employment in their policies and procedures, and offer letters. [...]

The Good and the Bad for Washington Companies — State Taxes and the Business Climate

Lane Powell Shareholder Scott Edwards authored an article in the December 2011 issue of Seattle Business magazine titled “The Good and the Bad for Washington Companies — State Taxes and the Business Climate.” In the article, Edwards gives an overview of Washington’s business climate and tax structure, and their effect on the state’s businesses and employees.

Immigration and Investments in the United States

Lane Powell Shareholder Diane Butler authored an article in Vancouver Board of Trade’s November 2011 issue of Sounding Board newspaper titled “Immigration and Investments in the United States.” In the article, Butler discussed changes to immigration policies, which are geared toward stimulating the U.S. economy.

H-1B Quota Filled: Some Options Remain

Without notice, the H-1B filing window for the year has closed. U.S. Citizenship and Immigration Services (“USCIS”) announced the day before Thanksgiving that on Tuesday, November 22, 2011, it had received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2012 (“FY2012”). This means that petitions for first-time H-1Bs received November 23 or thereafter will be rejected and mailed back to the petitioner unprocessed.

Legal Ramifications of Green Marketing — Marketing Your Green Construction Practices in an Uncertain World

Lane Powell Shareholder Mike Nesteroff authored an article titled “Legal Ramifications of Green Marketing” in the November issue of BUILDERnews magazine. In the article, Nesteroff discusses the increasing use of “green” practices in construction and how companies that overstate the environmental benefits of a project can harm not only their reputation, but possibly their pocketbooks as well. Nesteroff points out the proliferation of green building certifications, such as LEED, Built Green, Green Point Rated and Energy Star, and the benefits to a project, but also the downside when the green claims are overstated or the project fails to live up to the claims.

NLRB Protects Many Employee Facebook Postings

Lane Powell Shareholder Mike Reilly authored an article in Puget Sound Business Journal’s November 11 issue titled “NLRB Protects Many Employee Facebook Postings.” In the article, Reilly discussed strategies for how employers can deal with the new National Labor Relations Board (“NLRB”) initiative.

Stock Authors Immigration Impact Blog Post About Non-Citizens Eager to Serve in the Military Who Are Blocked by the Government

Lane Powell Counsel to the Firm Margaret Stock authored a November 11 Immigration Impact blog post titled “Non-Citizens Eager to Serve in U.S. Military Blocked by Government Bureaucracy.” The Immigration Impact blog is a project of the American Immigration Council. In the blog, Stock discusses how “some highly qualified non-citizens have been blocked from serving [...]

Working Together is a Must for Mixed-Use Development

Mixed-use development projects have proven to be not only economically viable, but also desirable to the residents who live there, the businesses that serve the residents and visitors, and the community at large.

Recruiting Veterans and Respecting Their Rights

This Veterans Day, we encourage employers to take a moment to evaluate their policies and practices with respect to veterans, service members and their families. As more veterans are returning from duty, federal and state lawmakers are busy trying to find ways to give employers incentives for implementing and/or improving their outreach and recruitment strategies for protected veterans and their families. Employers should also take care to remember that applicable federal and state laws provide certain protections for veterans, service members and their families.

Sendai Isn’t Unique: Seattle’s Older Buildings at Serious Risk if the Big One Happens Here

A frequent news peg whenever disaster strikes elsewhere is: Can it happen here? When it comes to the Japan earthquake last March, it most certainly can.

The more important question is: Are we ready? From the standpoint of buildings constructed before 1994, the answer may be a sobering no.

Safety, Accidents and Investigations: Be Prepared for the Unexpected

As the economy moves forward in a slow recovery, employers vigilantly watch for new opportunities to cut costs. One sure way to reduce costs is to have a strong safety and health program (safety program). If you fail to have a strong safety program, you are exposing your company to potential increases in health care costs, penalties and fines, and lost productivity. Covering the basics in this area will protect your company and its employees.