19
May

It is important to understand the difference between a contractual provision requiring mediation or arbitration and one that makes mediation a condition precedent to arbitration or the filing of a lawsuit. Here is a typical arbitration clause: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by ...

27
Mar

Landslide defense attorney David N. Bruce, co-founding partner of the law firm Savitt Bruce & Willey and former Senior Assistant Attorney for the City of Seattle, recently discussed the interests of government when communicating and acting in the wake of a landslide or natural disaster. His remarks, made at “Landslide Law and Science“, a conference held March 2-3, 2017 in Seattle, with supporting photos and exhibits follow.

20
Mar

SBW Welcomes Coby Cohen

We are pleased to announce that Mr. Coby Cohen has joined Savitt Bruce & Willey LLP. Mr. Cohen joins us from ReedHein & Associates, LLC in Seattle, where he served as general counsel.

02
Mar

Duncan Manville, David Bruce, and Brandi Balanda presented at the Landslides in Washington CLE Conference on March 2nd and 3rd, 2017 in Seattle, WA.

01
Mar

In any class-action settlement, the fate of unclaimed funds can be pivotal. For instance, with a common-fund settlement (with an agreed amount deposited into a common fund for distribution to class members), a significant portion of the fund may remain after distributions are made depending on how payments are calculated and distributed. And even with a “claims-made” settlement (with the amount paid equaling the sum of the claims filed), there will usually be some settlement checks that go uncashed. What happens to the unclaimed or undistributed money?

09
Feb

A will that does not reflect the true intent and free will of the person making it (the “testator”) is not valid. One familiar illustration of this basic principle is the requirement that the testator have the requisite mental (“testamentary”) capacity to do so. Another all-too-common concern arises where the testator, often elderly and with reduced mental and physical capacity, is coerced into making or changing a will so as to disproportionately favor the coercer (called “undue influence”). Similarly, a will’s beneficiary may have convinced the testator to make a will favoring that person by deceit, such as by lying to the testator about something a sibling did in order to get him disinherited (called “fraud in the inducement”).

20
Dec

Suppose you represent the defendant in a lawsuit, and he wants his long-time significant other to participate in communications with you about legal strategy—discussions that would be protected by the attorney-client privilege if they were between you and him alone. Would such participation vitiate the privilege?

05
Dec

DOL Fiduciary Rule in Doubt after Trump Victory

The U.S. Department of Labor (“DOL”) recently issued a final rule that expands the “investment advice fiduciary” definition under the Employee Retirement Income Security Act (ERISA).[1] Under the rule, persons who provide investment advice or recommendations for a fee to retirement plans, plan fiduciaries, and individual retirement accounts (IRAs) will be required to abide by the ERISA’s fiduciary standard. That means investment advisers will be required to act in the sole interest of their client.

22
Nov

The Washington Supreme Court recently resolved an important question regarding the scope of the attorney-client privilege. In Newman v. Highland School Dist. No. 203,[1] the Court established a bright-line rule: an attorney’s communications with a client’s former employees are not protected by the attorney-client privilege. This is true even if the discussion concerns something that happened when the former employee worked for the client.

17
Nov

Savitt Bruce & Willey LLP has again been selected as one of the nation’s Best Law Firms by US News and World Report and the Best Lawyers organization, ranked as a Tier One firm in both Commercial Litigation and Intellectual Property Litigation.