During the pandemic, many businesses decided to pivot their workforce to remote or hybrid work. In doing so, some companies implemented versions of a “Bring Your Own Device” (“BYOD”) program to allow employees to use personal devices to do their jobs. While there can be cost savings and employee flexibility benefits to such programs, they also come with inherent ...

During the pandemic, many businesses decided to pivot their workforce to remote or hybrid work. In doing so, some companies implemented versions of a “Bring Your Own Device” (“BYOD”) program ...

Effective since January 1, 2020, Washington’s statutory law governing noncompetition covenants (Chapter 49.62 RCW) has changed the legal landscape for employers, employees, and independent contractors in the state. This article highlights the key statutory provisions, and also briefly discusses the second component of the analysis: how courts determine whether enforcing the non-compete covenant is reasonable. Agreements Affected. The noncompetition covenant ...

Effective since January 1, 2020, Washington’s statutory law governing noncompetition covenants (Chapter 49.62 RCW) has changed the legal landscape for employers, employees, and independent contractors in the state. This article ...

Initiative 502 legalized the production, sale and possession of recreational marijuana in Washington—subject, of course, to numerous restrictions. For example, RCW 69.50.369(2) generally limits marijuana retailers to no more than two exterior advertising signs of no more than 1,600 square inches apiece. WAC 314-55-155(2)(a) echoes these constraints.  In Plausible Products, LLC v. Wash. State Liquor and Cannabis Bd., King ...

Initiative 502 legalized the production, sale and possession of recreational marijuana in Washington—subject, of course, to numerous restrictions. For example, RCW 69.50.369(2) generally limits marijuana retailers to no more than ...

In prior blog posts we examined Washington law on noncompete agreements: the current statutory scheme that curtails the use of noncompete agreements in certain contexts [here] and [here], and how Washington courts evaluate the reasonableness of a noncompete agreement to determine its enforceability [here]. A recently proposed rule by the Federal Trade Commission would upend this Washington law.[1] Under ...

In prior blog posts we examined Washington law on noncompete agreements: the current statutory scheme that curtails the use of noncompete agreements in certain contexts [here] and [here], and how ...

Since its adoption by the United States Supreme Court in 1796, the “American Rule” has been a bedrock principle of American law.1 The basis for the rule is the idea that it promotes access to the courts: potential litigants may be discouraged from pursuing their claims if losing would mean they had to pay the other side’s attorney’s fees. ...

Since its adoption by the United States Supreme Court in 1796, the “American Rule” has been a bedrock principle of American law.1 The basis for the rule is the idea ...

An update to our prior post "Baseball Tries An Old Saw: “Let’s not compete on wages….”:  On different grounds, there is a new challenge to Baseball’s antitrust exemption, brought by four of the minor league baseball clubs which lost their MLB affiliation in the recent shakeup of the minor leagues' organization.  See the complaint here.  Antitrust expertise has long ...

An update to our prior post "Baseball Tries An Old Saw: “Let’s not compete on wages….”:  On different grounds, there is a new challenge to Baseball’s antitrust exemption, brought by ...

In a prior post, this blog explored a range of defenses to contract claims brought in the wake of nonperformance caused by the ongoing novel coronavirus (COVID-19) pandemic.  This post examines one such defense in detail—the force majeure defense—and how the unique circumstances of the pandemic may impact attempts to assert or defeat such a defense. So-called “force majeure” ...

In a prior post, this blog explored a range of defenses to contract claims brought in the wake of nonperformance caused by the ongoing novel coronavirus (COVID-19) pandemic.  This post ...

Virtually all businesses, and not least the professional sports leagues, are looking to cut costs in the era of coronavirus.  Major League Baseball has decided to cut its 2020 draft of amateur players, usually either high school seniors or college juniors, from 40 rounds to 5.  See https://www.cbssports.com/mlb/news/mlb-agrees-to-reduce-2020-draft-to-five-rounds-with-unlimited-undrafted-signings-for-20k-reports-say/. Eliminating part or all of Baseball’s amateur draft is one thing, ...

Virtually all businesses, and not least the professional sports leagues, are looking to cut costs in the era of coronavirus.  Major League Baseball has decided to cut its 2020 draft ...