On April 23, the Federal Trade Commission (FTC) announced regulations that will prohibit noncompete agreements for many workers across America effective Sept. 4, 2024. While the regulations are set to become effective 120 days after their publication, litigants have challenged the FTC’s authority to enact the regulations. Thus, the effective date may be further delayed ..read more

In reaction to court cases that, in the eyes of lawmakers, interpreted the statute too narrowly, Washington’s Legislature passed a bill this year, SB 5935, to expand the application of the noncompetition statute. As background, prior to amendment, the 2020 law (Chapter 49.62 RCW on Noncompetition Covenants) provides that: The amendments effective June 6, 2024 ..read more

In legal malpractice claims, proving that the defendant lawyer caused the plaintiff's injury is crucial. Courts consider "proximate cause," examining cause in fact and legal causation. In Flanigan v. Herman, a lawyer's failure to deliver a case schedule resulted in a dismissed malpractice claim. The Court of Appeals found the link between negligence and injury too remote to hold the lawyer liable ..read more

Whether or not you’re a lawyer or a doctor, most of us are familiar with a key law protecting patient privacy: HIPAA. Although it’s sometimes assumed that HIPAA provides consumer protections against the misuse of data by wellness, nutrition, and other health-related data, that’s not the case. HIPAA, explains business law attorney Nathaniel Gallegos, “only ..read more

The Washington Legislature adjourned Sine Die after a 60-day session, with the WSBA Legislative Affairs team monitoring and acting on nearly 300 bills. Key bills include the Uniform Electronic Estate Planning Documents Act and amendments to the Business Corporations Act. Legislation passed includes ending child marriage and creating a task force for studying artificial intelligence issues ..read more

Division I of the Washington Court of Appeals recently issued an opinion parsing the difficult intersection of the doctor-patient and attorney-client privileges in medical malpractice cases. In Snyder v. Virginia Mason Medical Center, 2024 WL 419279 (Wn. App. Feb. 5, 2024) (unpublished), the plaintiff alleged medical negligence during surgery at Virginia Mason Medical Center. Virginia ..read more

The authors have dedicated over two decades to providing free civil legal services through volunteer work. They emphasize the importance of pro bono legal aid, highlighting the significant need for such services in Washington state. They urge lawyers to devote at least thirty hours per year to pro bono work, emphasizing the positive impact on individuals and communities ..read more

Today it has become fairly normal—in fact, expected in many instances—to remotely access things that used to be entirely in-person affairs. Speaker events offer webcasts in addition to physical spaces, work is a mix of in-office and virtual office, and courts have largely transitioned to virtual hearings. Although, the modern environment of a remote legal ..read more

In Schmidt v. Coogan, 181 Wn.2d 661, 671, 335 P.3d 424 (2014), the Washington Supreme Court set broad outlines for emotional distress damages as a part of a legal malpractice claim: “We hold that the plaintiff in a legal malpractice case may recover emotional distress damages when significant emotional distress is foreseeable from the sensitive ..read more

Whether home ownership is divided by a court or agreed to in settlement, the decision over how to assign its value and divide the dollars is not the only consideration that matters. Post-divorce, there are often problems that could have been assessed and possibly dealt with earlier. Settlements and court orders can include instructions and ..read more