Category Archives

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. ...

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 ...

Can Quitters Ever Win? Recovering Prevailing-Party Attorneys’ Fees Following Voluntary Dismissal

Washington law makes a unilateral attorney-fee provision in a contract (i.e., awarding fees to one party) bilateral, such that the “prevailing party” in an action on the contract can recover fees.[1] For this reason, it’s often assumed that there’s no practical difference between bilateral and unilateral fee provisions. But that’s not always the case. Under the statute, fees are ...

Washington law makes a unilateral attorney-fee provision in a contract (i.e., awarding fees to one party) bilateral, such that the “prevailing party” in an action on the contract can recover ...

Resistance to Class Waivers in Arbitration Agreements Continues on Multiple Fronts

In the wake of AT&T Mobility LLC v. Concepcion[1], mandatory arbitration agreements have become increasingly common in consumer and employment contracts. The rise of arbitration agreements even caught the eye of the New York Times, which ran a three-part series about the “soaring number of consumer and employment contracts” containing arbitration clauses.[i] As discussed in earlier blog posts, when ...

In the wake of AT&T Mobility LLC v. Concepcion[1], mandatory arbitration agreements have become increasingly common in consumer and employment contracts. The rise of arbitration agreements even caught the eye ...