Articles
Commercial Real Estate Financing: The Borrower's Perspective (July 2009)
Tough times notwithstanding, there are ways for the commercial real estate borrower to use the lending process to its advantage. We are living through difficult economic times, and every day there seems to be more bad news about the commercial real estate market. The numbers aren’t encouraging. A recent newspaper article reported that: “Commercial property sales plunged 73% last year, according to Real Capital Analytics. Vacancy rates are rising, and hundreds of large properties are in default. The American Institute of Architects’ billing index, a leading indicator of construction six months ahead, is at a record low. Unemployment in the construction industry is 15.3%, well above the average 7.2% jobless rate.” More »
Infinite Control for Majority Shareholders?: Sound Infiniti, Inc. v. Snyder (Winter 2008-2009)
The cash-out of minority shareholders during a merger, consolidation, or other fundamental corporate change is not uncommon. When the fundamental change is engineered by controlling shareholders for the apparent purpose of eliminating minorityshareholders, however, questions of fiduciary duty and fair value often arise. Jurisdictions vary in whether controlling shareholders need "business" reasons to undertake such fundamental changes, and what remedies squeezed-out shareholders may pursue. A recent Washington Court of Appeals opinion makes clear that in Washington, controlling shareholders can effect fundamental corporate changes for the sole purpose of removing minority shareholders, and barring certain narrow exceptions, the minority shareholders' only remedy is to receive the "fair value" of their shares. More »
Will State “NEPA” Laws Survive Federal Climate Change Regulation? (9.21.07)
Questions of political and "green” opportunism aside, current and state regional efforts to address climate change are in part a response to the current absence of a comprehensive federal program addressing greenhouse gas (GHG) emissions. If, and most likely when, the federal government takes action to address GHG emissions, many of the recently adopted state and regional climate change initiatives may face preemption under federal law. More »
When Disaster Strikes: Considerations for Effective Claims Development (8.2007)
Wind and flood losses in early December 2007 has made property and business interruption insurance an important asset for many businesses and residents in the Northwest. An article entitled “When Disaster Strikes: Considerations for Effective Claims Development,” highlights important considerations and useful checklists for submitting a claim. David Brenner, who heads Riddell’s insurance coverage practice, prepared this article for a Washington State Bar program last August, drawing on his work on 9/11 and Hurricane Katrina claims over the past six years. More »
Insurance 101 – Insights for Young Lawyers: Forgotten Insurance: Is the Policyholder at Risk of Losing Coverage (5.1.2006)
A policyholder who “forgets” to pursue insurance coverage for a liability claim is generally well positioned to counter the defenses asserted by the insurer in disclaiming coverage when it gives late notice or has made payments or reached a settlement prior to bringing the insurer in on a claim. The majority of states require that the insurer prove it has been prejudiced before eliminating the policyholders coverage benefits. More »
News Alerts
The New Haven Firefighters Case – Supreme Court Establishes New Standard For Balancing Disparate Impact Against Disparate Treatment (7.1.2009)
Governor Gregoire Signs Sweeping Domestic Partner Legislation (5.20.2009)
Swine Flu Update - Tips for Managing the Workplace (5.1.2009)
Employee Health Plan Update: New COBRA and CHIP Requirements (3.27.2009)
EPA Proposes Mandatory GHG Reporting Rule (3.10.2009)
COBRA Premium Subsidy: Immediate Action Required (2.20.2009)
NEPA Lawsuit Seeks to Block Tar Sands Project (2.18.2009)
Managing HR Issues In An Economic Downturn: Don't Let Down Your Defenses! (2.12.2009)
The First New Employment Law of 2009: President Obama Signs Lilly Ledbetter Fair Pay Act (1.29.2009)
Labor Law Changes in 2009? (11.11.2008)
December 31, 2008 Deadline for 409A Compliance Quickly Approaching (10.07.2008)
President Bush Signs ADA Amendments Act of 2008 (10.1.2008)
State Court Invalidates Power Plant’s Air Permit for Lack of Carbon Dioxide Emission Limitations (7.2.2008)
New Employee Leave Entitlements Under State and Federal Law (4.22.2008)
FMLA Rights Expanded For Military Families (1.31.2008)
Employment Law Developments to Ring in 2008 (12.31.2007)
Important Changes to USCIS Form I-9 (11.20.2007)
The Brink’s Job -- Washington's Supreme Court Rules that Employees are Entitled to Drive Time Pay for Trips to and from Home in Company Vehicle (10.26.2007)
United States Homeland Security Department Increases Employer Responsibility For Verifying Employee Eligibility To Work (9.4.2007)
More »Dr. Miles Dies at Age 96 -- So What? (6.29.2007)
More »Employers Beware: Washington Legislature Enacts Substantial Changes to Disability Law and Places New Restrictions on Credit Checks (5.25.2007)
More »Preservation of Discoverable Documents (8.30.2006)
More »United States Supreme Court Opens the Door to More Retaliation Lawsuits (6.29.2006)
More »New Washington Law Prohibits Employers From Discrimination on the Basis of Sexual Orientation and Gender Expression or Identity (1.31.2006)
More »Employers Should Remain Vigilant About Wage/Hour Practices (1.10.2006)
More »Presentations
One way Riddell Williams adds value to its client relationships is by making complimentary presentations on-site to in house lawyers or business partners. For your consideration, we offer a List of Presentations, but welcome your suggestions for topics that may be of particular interest.
Preparing to Sell Your Business: Key Business and Legal Issues in Positioning a Company for Sale (6.25.2009)
Designed for business owners, executives, directors, and others interested in early stage issues in the sale of a company. More »
Bob Howie’s 2009 Employment Law Update (6.10 and 6.17.2009)
A review of all significant employment and labor law developments in the past year—cases, legislation, regulations and more! More »
Advanced Workplace Investigation Seminar: Insights and Advice for the Experienced Workplace Investigator (4.15.2009)
This seminar is designed to:
The Gathering Storm: A Preview of Probable Changes to Employment and Labor Laws in 2009 (2.11.2009)
Plus, two recent legal changes already in effect
Nonprofit Board Governance and the New Form 990 (2.4.2009)
An overview of:
50 Ways to Take a Leave of Absence: Making Sense of Federal and State Laws (11.11.2008)
Back to School: Basics in Board Governance (10.8.2008)
A overview of the responsibilities of corporate directors, including a review of directors’ fiduciary duties, best corporate governance practices and a discussion of key issues facing board members today. More »
No Easy Answers: Advanced Workshop on Accommodating Employees With Disabilities (2.13.2008)
What employers need to know about recent amendments to Washington law; Lessons from the courts: key cases and issues before the Supreme Court; Thorny issues: interplay of leave laws and other tough problems. More »
Technology in the Workplace (11.13.2007)
Current legal developments regarding employee use of email; Employee Internet usage - to monitor or not to monitor; Employer blogging policies - should YOUR COMPANY have one; Cell phones and PDAs - should employers regulate their use; Employment issues associated with teleworkers and employees working remotely; Strategies to comply with older laws (FLSA, NLRA) in the “Information Age”; and MUCH more! More »
An Employee By Any Other Name...? (10.2.2007)
The risks of misclassifying employees, and when and when not to use independent contractor or non-traditional employment relationships in place of traditional employment relationships can be significant or even catastrophic. More »
Email and Employment Cases (7.26.2007)
A practical overview of the unique role that email plays in employment cases. Highlights include litigation tips for both plaintiffs' and defendants' counsel, how to navigate the new e-discovery rules, and overcoming evidentiary objections. More »
Religion in the Workplace: Does Faith Have a Place at the Office? (4.18.2007)
How have the courts addressed religious discrimination in the workplace? Understand rights and obligations regarding workplace accommodation of religious beliefs or practices. Improve your ability to anticipate, identify and prevent religious harassment and discrimination. More »
Managing Electronic Records for Success in Litigation and Business (6.1.2007)
One of today's greatest litigation risks is ineffective management of electronic documents. Amendments to federal court rules are raising the profile of electronic records and the risk of sanctions for litigants who fail to reasonably protect and produce them. Learn from a litigator's perspective flexible and cost-effective solutions to limit these risks while there is still time to correct problems. More »
How to Disarm the Meritless Claimant’s Secret Weapon: Retaliation (2.7.2007)
The threat of employer liability for a retaliation claim is often greater than the harassment or discrimination claim to which it is attached. Help your managers and supervisors avoid the missteps that lead to employer liability for unlawful retaliation, and how the U.S. Supreme Court’s decision in BNSF v. White has made it easier for employees to prevail on a retaliation claim. More »
Sidestepping a Wage/Hour Class Action: Top 11 Problematic Practices (11.7.2006)
What are the most common employer mistakes that lead to costly litigation, and how can you avoid them: Who is exempt from overtime pay requirements? What hours count as working time? What is included in calculating overtime pay? More »
The Americans with Disabilities Act—It’s Time to Get Reacquainted (9.26.2006)
The Washington Supreme Court recently jettisoned its test for determining when an employee qualifies as disabled. In its place the Court adopted the standards used in the federal Americans With Disabilities Act. Washington employers who have paid only passing attention to ADA developments will need to brush up on this 15 year old law and its implications in the workplace. More »
A New Era? The E-Discovery Amendments to the Federal Rules of Civil Procedure (6.20.2006)
Why is this presentation important? New rules are effective December 1, 2006. “The biggest change in a generation or two.” More and more documents are stored electronically. Hefty sanctions for failing to preserve/produce electronic evidence. Zubulake and Morgan Stanley. More »
Goals of an Electronic Document Retention Program (6.1.2006)
New trends that make sound document retention a high priority. Electronic documents make this a unique problem. At least 93% of all information is first generated in electronic form. 30% of that is never printed to hard copy. Experts predict that in 10 years, the number of electronic documents on the planet will double every 60 minutes. There are hefty sanctions for failing to preserve/produce electronic evidence. Zubulake. More »
Internal Investigations: Getting the Job Done Right (4.18.2006)
Employers must respond to complaints of workplace discrimination or harassment by conducting prompt and effective investigations. This presentation is designed to help front-line managers and human resources professionals conduct effective investigations and to properly document the investigation process. More »
Mastering the Maze: Navigating the Family Medical Leave Act (2.1.2006)
This presentation is geared towards experienced human resource professionals and in-house counsel seeking advice about how to interpret and apply FMLA and the other laws that govern employee leave and accommodation for medical conditions. More »
To Catch a Thief: Strategies for Protecting Your Company’s Confidential Information (11.1.2005)
This seminar reviewed current caselaw in the areas of trade secrets, non-competition and confidentiality agreements, and protection of intellectual property. It also included practical tips for employers about how to safeguard company proprietary information, including the drafting and enforcement of employment agreements. More »
Managing the Aging Workforce (9.27.2005)
This seminar discussed aging workforce issues. People are living longer. Social Security benefits are not enough to fund the retirement lifestyle sought by most. The number of workers per retiree is declining, which may force Congress to reduce or delay the onset of benefits. Increasing numbers of employees cannot turn to traditional defined benefit pension plans for retirement income. Retirement health plan subsidies have disappeared as health costs have increased. More »
Employment Law Update: Wage/Hour Class Actions: A Primer (4.23.2005)
Presented at the annual meeting of Washington State Superior Court judges. The presentation provided an overview of federal and state wage hour laws and practical tips on issues that arise in managing class action lawsuits, including certification, class notice, settlement and attorneys’ fees. More »
Fix It Before It Gets Broken: Interventions to Keep Lawsuits From Being Filed (4.12.2005)
Presented at the annual employment law seminar, this presentation provided practical feedback on common mistakes that lead to litigation, how to avoid them, and how to mitigate risks in cases where employees make claims or threaten to sue. More »
Top Fifteen HR and Management Mistakes That Lead To Employment Litigation (4.15.2005)
Our most popular employment-law presentation vividly and humorously describes the management and human resources mistakes that are so frequently the cause of expensive employment discrimination/wrongful termination lawsuits. More »