Legal Updates and Articles

New Washington Law Protects Employees’ Social Media Accounts

On May 21, Governor Jay Inslee signed a new Washington state law that makes it unlawful for employers to require an employee or applicant to disclose social networking website usernames or passwords, or to force an employee or applicant to add any person to the employee’s list of social networking contacts. This law becomes effective [...]

The Private Equity Prom — How to Land the PE Firm of Your Dreams

Lane Powell attorneys Brian DeFoe and Reuben Ortega authored an article in Seattle Business magazine’s June issue titled “The Private Equity Prom — How to Land the PE Firm of Your Dreams.” In the article, DeFoe and Ortega discussed private equity (“PE”) financing, as well as tips for pursuing PE partners.

Traffic Solution: Public-Private Partnership Answer to Coastal Congestion

Lane Powell Counsel to the Firm John Pinkstaff authored an article in the May issue of Oregon Business magazine titled “Traffic Solution: Public-Private Partnership Answer to Coastal Congestion.” In the article, Pinkstaff discussed the traffic congestion between Portland and the Oregon Coast along the Highway 99W corridor. He also mentioned options for improvements that would become available through public-private partnerships, such as a coastal parkway running from I-5 to McMinnville. According to Pinkstaff, the coastal parkway would be a paid toll road that would reimburse ODOT’s expenses and transfer ownership to the state within 30 years, after which tolling would be eliminated.

Patent Protection as Investment and Insurance

Lane Powell Shareholder Alan Minsk authored a May 6 Corporate Counsel magazine article titled “Patent Protection as Investment and Insurance.” In the article, Minsk discussed the value that intellectual property creation provides a company.

Wage and Hour Compliance Checklist — How to Avoid Class Actions and Prepare for a Government Audit

Lane Powell Shareholder Mike Reilly authored an article in Seattle Business magazine’s May issue titled “Wage and Hour Compliance Checklist — How to Avoid Class Actions and Prepare for a Government Audit.” In the article, Reilly discussed tips for avoiding employee wage and hour class actions, as well as advice for preparing for government audits.

Foreclosure Avoidance Mediation Program May Be Expanding to Judicial Foreclosures

Lane Powell Shareholder Peter Hawkes authored an article in the Spring 2013 issue of Oregon Bankers Association’s Banking Matters magazine titled “Foreclosure Avoidance Mediation Program May Be Expanding to Judicial Foreclosures.” The article is about the new proposed litigation that would expand Oregon’s Foreclosure Avoidance Mediation Program. Last year, Oregon legislature created the program as an answer to the large number of nonjudicial foreclosures and the perception that borrowers were not being given an adequate opportunity to work out their delinquencies before losing their properties to foreclosure. The program requires lenders to first seek mediation with their respective borrowers before nonjudicially foreclosing on the borrowers’ properties. In the article, Hawkes discusses the problems with the mediation program, and notes that lenders have largely been able to avoid it by proceeding with judicial foreclosures instead. However, the legislature is now considering extending the mediation requirement to judicial foreclosures as well, which could render it unavoidable for lenders.

Wellness Programs Can Reduce Health Care Costs, But Can Your Bank Afford the Legal Risks?

Lane Powell Attorneys Katheryn Bradley, Craig Day and Mark McBride co-authored an article in the March/April 2013 issue of Washington Bankers Association’s (“WBA”) Issues and Answers magazine titled “Wellness Programs Can Reduce Health Care Costs, But Can Your Bank Afford the Legal Risks?” In the article, Bradley, Day and McBride discussed wellness programs as a [...]

Beware Pharmacy Record-Keeping Violations

Lane Powell Shareholder Ron Friedman authored an April 9 Law360 article titled “Beware Pharmacy Record-Keeping Violations.” In the article, Friedman discussed a recent case in which CVS Pharmacy Inc. agreed to pay $11 million to the federal government to resolve allegations of deficient record-keeping in regard to prescriptions for controlled substances. Friedman highlighted a number of lessons to be learned from the case, and provided tips for avoiding record-keeping violations.

US District Court Judge Orders Washington Highway Culverts Opened for Fish Passage

Federal district court Judge Ricardo Martinez has issued a permanent injunction requiring the Washington State Department of Transportation (“WSDOT”), the Washington State Department of Natural Resources, and the Washington State Parks and Recreation Commission to remove barriers to fish passage in hundreds of state-highway culverts over the next 17 years.  The March 29 decision (“Culvert [...]

Has Patent Reform Changed Texas?

Lane Powell Shareholder Brenna Legaard recently authored an article in the Oregon State Bar’s Litigation Section Spring 2013 newsletter titled “Has Patent Reform Changed Texas?” In the article, Legaard discussed the favoritism of patent plaintiffs over the last decade in cases that are tried in the Eastern District of Texas, and the reforms that are being used to combat these claims of infringement. These patent plaintiffs in Texas sue corporations for patent infringement often without even practicing the technology disclosed in their asserted patents. These entities, dubbed “patent trolls,” are seen as abusive plaintiffs that drag down the economy and suppress innovation by imposing a “tax” on technology companies when their innovations unwittingly stray into the claim scope of a “troll’s” patent. In order to contest these trolling claims of infringement, many of the defendants will try to obtain a transfer out of Texas, which is viewed as the venue of choice for patent plaintiffs.

Beyond Gridlock — Renewing Development in the Convention Center, Rose Quarter and Lloyd Districts

Lane Powell Shareholder Mike Silvey authored an article in the April issue of Oregon Business magazine titled “Beyond Gridlock — Renewing Development in the Convention Center, Rose Quarter and Lloyd Districts.” In the article, Silvey discussed the history of the three developing Portland districts, as well as the proposed future development in each area.

How to Solve the Flawed Confidential Witness Issue

Lane Powell Shareholder Doug Greene authored an April 8 Law360 article titled “How to Solve the Flawed Confidential Witness Issue.” In the article, Greene discussed the recurring and pervasive problem of flawed confidential witness (“CW”) allegations, the importance of solving it, and tips for reforming the CW process.

US Customs and Border Protection to Eliminate Paper I-94 Admission Cards and ‘Automate’ Electronic Admission Records

U.S. Customs and Border Protection (“CBP”) has officially announced its intent to eliminate its use of paper I-94 arrival and departure cards, now given to temporary foreign visitors and workers at the time of their admission to the United States. Instead of giving paper I-94 admission cards to foreign travelers, an I-94 record of admission will automatically be created and electronically attached to each traveler’s identity.

CBP will still stamp foreign travelers’ passports at entry and will annotate the stamp with the class of admission and the period of authorized stay. I-94 admission data will also be accessible and printable through an Internet portal, which can be accessed by travelers at http://www.cbp.gov/I94 (this link will be live 30 days after the rule is published to the Federal Register).

Dodging Deal Killers — Anticipating and Solving Problems Related to Properties Being Sold or Purchased

These materials titled “Dodging Deal Killers — Anticipating and Solving Problems Related to Properties Being Sold or Purchased” were presented at the Certified Commercial Investment Member Group Luncheon Meeting on April 2, 2013. View the full article (PDF).

Your Brokers and Attorneys — The All-Star Approach to Creating a Successful Real Estate Team

Lane Powell Shareholder Tim Jones authored an article in Seattle Business magazine’s April issue titled “Your Brokers and Attorneys — The All-Star Approach to Creating a Successful Real Estate Team.” In the article, Jones discussed the importance of creating a strong real estate team, as well as tips for business owners for creating their own [...]

Portland Passes Mandatory Sick Leave Ordinance

On March 13, Portland became the fourth city to pass a mandatory sick leave ordinance, joining Seattle, San Francisco, Washington, D.C., and the state of Connecticut.  The new law takes effect January 1, 2014, but will likely have significant impact on private sector employers, requiring them to prepare well in advance of the new year.  [...]

MAVNI (Military Accessions Vital to the National Interest): Noncitizens May Bypass the Green Card Process and Earn U.S. Citizenship for Military Service

Lane Powell Counsel to the Firm Margaret Stock authored an article in the March issue of LexisNexis’ Emerging Issues Analysis titled “MAVNI (Military Accessions Vital to the National Interest): Noncitizens May Bypass the Green Card Process and Earn U.S. Citizenship for Military Service.” In the article, Stock discussed the MAVNI program, which allows immigrants with certain language skills or medical training to enlist in the military and receive citizenship by the end of basic training.

Drafting Errors Routinely Cost Lenders’ Post-Bankruptcy Attorney’s Fees and Interest

Lane Powell Attorneys Chuck Ekberg, Bruce Leaverton and Kay Lennon co-authored an article in the Spring 2013 issue of Community Bankers of Washington’s (“CBW”) Community Banker magazine titled “Drafting Errors Routinely Cost Lenders’ Post-Bankruptcy Attorney’s Fees and Interest.” In the article, Ekberg, Leaverton and Lennon discussed the importance of comprehensive loan documentation, as well as the costs associated with poorly drafted loan documents.

Trademark Owners Alert: An Anything but ‘Free’ Free for All

The new generic top-level domains (“gTLDs”) are coming, and it is time for trademark owners to review their online strategies. Over the last several months, Internet Corporation for Assigned Names and Numbers (“ICANN”) has been accepting applications from around the world from individuals and companies that would like to take advantage of owning the next gTLDs. Some of the new domains that have been reserved include company and brand names such as .Abbott or .Amex, as well as more descriptive domains such as .book, .clothing, .flowers, .pharmacy, which are just a few examples.

Ninth Circuit Affirms Prosecution for Off-label Marketing

Over the past two years, courts began to recognize that at least some off-label marketing is protected lawful commercial speech under the First Amendment. Specifically, the Second Circuit in New York in a case called United States v. Caronia held that truthful off-label marketing is a form of protected First Amendment commercial speech that cannot be prosecuted under 21 U.S.C. §333 of the Food, Drug and Cosmetic Act (“FDCA”). The Ninth Circuit issued an opinion last week that reaffirmed the ability of federal authorities to prosecute false statements concerning off-label promotion. In truth, despite the decision in Caronia, prosecution for off-label marketing remains a high priority for the FDA and the U.S. Department of Justice and companies are well-advised to thoroughly vet such materials before they are communicated to the public.