The Bleak House of Trust and Estate Litigation: More than just time and money

“How much is this case going to cost?” is a great first question for a client to ask. The answer, however, can be complex. By the time someone walks into an attorney’s office, they are usually prepared for the fact that it will take time and money to resolve their problem. However, far too few people realize that often the highest … Continue reading »

Lease Amendments and Modifications Must Be Notarized if the Original Lease Required Notarization

Leases of land, buildings, and portions of buildings, whether for personal or business use, are transfers of real property rights.  In law school, students become familiar with the idea of ownership or rights in real property being like a “bundle of sticks.”  If you own the real property in what is called “fee simple,” then you own all (or at … Continue reading »

Pre-Injury Release and Waiver Provisions

Recreational sports, such as skiing, scuba diving and basketball can be a lot of fun but are not without their injury risks. Businesses involved in such sports can limit their liability by having participants sign a waiver, but should be aware that not all waivers are enforceable. In Washington, a waiver provision is enforceable unless: (1) the negligent act falls greatly … Continue reading »

Commercial Guarantors are Still on the Hook Even After Non-Judicial Foreclosure, Says Division I

The Division I Court of Appeals recently split with Division II and held that a lender retains the right to pursue a deficiency action against commercial guarantors after nonjudicially foreclosing on deeds of trust securing the underlying loans. Washington Fed. v. Gentry, — P.3d —, 2014 WL 627817, (Wash. Ct. App. Feb. 18, 2014). In doing so, the court rejected … Continue reading »

Do I Need to Register a Copyright to Protect My Intellectual Property?

Entrepreneurs developing new and original commercial products commonly ask whether it is necessary to register a copyright in order to protect their intellectual property. While technically a registered copyright is not necessary to claim a degree of protection, registering a copyright offers a stronger form of legal protection over your intellectual property and provides numerous benefits under federal law. A … Continue reading »

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