Uncategorized Category Archives

Who May Attend a Deposition in Washington? The Answer May Hinge on Where the Litigation is Pending

I wrote previously about the absence of prohibitions against non-participant attendance at a deposition, and thus the need for a protective order pursuant to Federal Rule of Civil Procedure 26(c)(1)(E)—or its Washington State counterpart, Civil Rule 26(c)(5)—if a party seeks to limit persons who may be present.  See https://www.sbwllp.com/unexpected-guests-who-may-attend-a-deposition/. But if the non-participant is another witness in the case, ...

I wrote previously about the absence of prohibitions against non-participant attendance at a deposition, and thus the need for a protective order pursuant to Federal Rule of Civil Procedure 26(c)(1)(E)—or ...

Savitt Bruce & Willey Ranked in 2022 “Best Law Firms”

We are pleased to announce that Savitt Bruce & Willey LLP has again been recognized by U.S News & World Report as a “Best Law Firm” both nationally and regionally in multiple practice areas for 2022. The firm’s Intellectual Property Litigation practice was again ranked as a top practice in U.S News’s national rankings, and SBW was recognized once ...

We are pleased to announce that Savitt Bruce & Willey LLP has again been recognized by U.S News & World Report as a “Best Law Firm” both nationally and regionally ...

When is a Pandemic a Force Majeure? Part Two of Two

As we discussed in Part One of this blog post, “force majeure” clauses are commonplace in business contracts, and virtually every force-majeure clause includes express provision for some or all natural disasters, along with civic, bureaucratic, and military disruptions. But the pandemic has caused many disruptions that cannot be attributed to an act of government; as the nation reopens, ...

As we discussed in Part One of this blog post, “force majeure” clauses are commonplace in business contracts, and virtually every force-majeure clause includes express provision for some or all ...

Liquidated Damages Clauses – Are they worth it?

Ordinarily, in a dispute over the breach or performance of a contract where the aggrieved party is seeking a monetary award as compensation, the measure of those damages is the party’s “actual damages.”  Actual damages are just that—the measure of the aggrieved party’s actual loss, measured as the difference between the current circumstances and the circumstances that would have ...

Ordinarily, in a dispute over the breach or performance of a contract where the aggrieved party is seeking a monetary award as compensation, the measure of those damages is the ...

When Are Oral Contracts Enforceable in Washington?

A handshake and a promise may be an amicable and honorable way to make an agreement, but is it legally binding? In Washington, the answer is:  sometimes.  Whether an oral contract is enforceable in Washington depends upon the circumstances surrounding the terms of the agreement—most notably, whether the agreement falls under the provisions of the so-called “Statute of Frauds,” ...

A handshake and a promise may be an amicable and honorable way to make an agreement, but is it legally binding? In Washington, the answer is:  sometimes.  Whether an oral ...

Municipal Liability for Natural Disaster is Limited

Part One (This is the first of two articles based on David Bruce’s presentation to the 2018 Annual Meeting of the League of California Cities.  Mr. Bruce is the co-founding partner of Savitt Bruce & Willey LLP and served as a Senior Assistant City Attorney for the City of Seattle.) Landslides, floods, wildfires, earthquakes, volcanoes, hurricanes, tornadoes, tsunamis.  Natural ...

Part One (This is the first of two articles based on David Bruce’s presentation to the 2018 Annual Meeting of the League of California Cities.  Mr. Bruce is the co-founding ...

Responding the Right Way to a Lawsuit against Your Small Business

You just received a summons and complaint filed against your company by an employee, vendor or supplier, client, or customer.   What you do in immediate response may have a profound effect on what follows.  To position your company for the best possible outcome, here are five things to keep in mind in every case. 1.  Do Not Communicate or ...

You just received a summons and complaint filed against your company by an employee, vendor or supplier, client, or customer.   What you do in immediate response may have a profound ...

Venue Lies Where You Lay It: Strict Construction of Forum Selection Clauses in the Ninth Circuit

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the time an agreement spawns litigation. Under a recent Ninth Circuit decision, such a closure could be more than inconvenient: it could cut off a party’s bargained-for access to federal ...

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the ...