Category Archives

Drafting “Bring Your Own Device” Policies that Protect Against Increased Litigation Costs and Risks

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 ...

Washington’s Statutory Law Governing Noncompetition Covenants

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 ...

Cannabis Advertising: Are the Restrictions Enforceable, or Do They Impermissibly Burden Commercial Speech?

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 ...

Dual Representation in Real Estate Transactions

Let’s say your current client wants to sell a piece of real property to a friend or business associate with whom he has an excellent relationship. The proposed transaction is straightforward, your client and the buyer are comfortable with the deal terms, and neither party expects any dispute to arise out of the transaction. The parties need an attorney ...

Let’s say your current client wants to sell a piece of real property to a friend or business associate with whom he has an excellent relationship. The proposed transaction is ...

Signing Your Deposition Transcript: To Waive or Not To Waive?

At the end of a deposition, pursuant to Washington Civil Rule 30(e), the court reporter typically asks the deponent’s attorney whether she would like to “reserve signature,” i.e., for the deponent to await her review of the transcript before she attests to its accuracy.  Most attorneys view this as the right of deponent and, as a matter of course, ...

At the end of a deposition, pursuant to Washington Civil Rule 30(e), the court reporter typically asks the deponent’s attorney whether she would like to “reserve signature,” i.e., for the ...

How Come You Never Call? Resolving Deposition Disputes by Telephone

Disputes often arise in the middle of a deposition—such as how to allocate the time available for deposing a third-party witness, the scope of a 30(b)(6) deposition, or simply the permissibility of a line of questioning or an objection.  Although these are opportune times to call the judge for an immediate and timely ruling, parties often are reluctant to ...

Disputes often arise in the middle of a deposition—such as how to allocate the time available for deposing a third-party witness, the scope of a 30(b)(6) deposition, or simply the ...

If There is Anyone in This Room with Us, Make Yourself Known! The Obligation to Disclose the Presence of Individuals Attending a Deposition Virtually

A previous post addressed the situation where individuals other than the deponent, court reporter, and counsel attend a deposition at the invitation of one party and without notice to the other side. In short, while the best practice is to provide advance notice to opposing counsel, there are no clear prohibitions. But that situation assumed that those invited to ...

A previous post addressed the situation where individuals other than the deponent, court reporter, and counsel attend a deposition at the invitation of one party and without notice to the ...

Preparing Witnesses for Deposition – It’s Not Just about the Facts and the Law

Generally speaking, when preparing a witness to be examined at deposition, the trial lawyer’s focus is on (i) the witness’ factual knowledge and how that fits within the legal framework and the case narrative, and (ii) helping the witness communicate his or her knowledge effectively so that the testimony will be perceived as credible and persuasive.  In short, the ...

Generally speaking, when preparing a witness to be examined at deposition, the trial lawyer’s focus is on (i) the witness’ factual knowledge and how that fits within the legal framework ...