There are many ways for businesses to grow and expand. For some companies, mergers and acquisitions are the best options. These terms are often used interchangeably, but they hold distinct meanings with significant implications for the companies involved. Understanding the differences between mergers and acquisitions can help business owners who are considering them to make informed decisions about these opportunities. Mergers A merger occurs when two companies, generally of similar size, agree to proceed as a single new entity, blending their assets, staff and operations. This process is typi ..read more

Written by Kyle Mott In Washington, the right to discovery (including interrogatories, requests for production, requests for admission, and depositions) is a key component of the right to access the courts. Discovery, after all, is designed to get all relevant facts of a case out in the open so that issues in dispute can be narrowed and matters can be resolved faster and with less expense. A person may be subpoenaed to attend a deposition and required to answer questions relevant to the subject matter of the litigation. Nobody really wants to have to sit for a deposition. You might feel as tho ..read more

By Jacqueline O’Keefe and Starleigh Smith Before coming to JDSA, I spent two years working at Division Three of the Washington State Court of Appeals in Spokane. I worked on dozens of cases, read hundreds of briefs, and listened to countless oral arguments. During this time, I learned a lot, but perhaps one of my biggest takeaways was the realization that many non-lawyers have poor understandings of what appellate courts do and what role they play in our legal system. If you are considering appealing your case or if an opposing party is appealing a case you are involved with, it is useful to k ..read more

Jacob Knutson and Jacqueline O’Keefe Dispute Resolution Provisions: Why they should be Included in Every Contract Most business and individuals do not enter into contracts with the goal (or expectation) of pursuing litigation. Contract negotiations often focus on reaching an agreement on the terms of the deal rather than where or how a dispute over the deal will be resolved. But expectations rarely match reality, and, as anyone who has been in business for long enough will agree, avoiding a lawsuit is not always possible. In those situations, including dispute resolution provisions in a contra ..read more

Washington’s Civil Rule (“CR”) 30(b)(6) allows a litigant to depose a business entity such as a corporation, partnership, association, or governmental agency. Of course, the entity, itself, cannot literally be deposed. But CR 30(b)(6) fills the gap by requiring the entity to designate one or more representatives to testify on its behalf—a spokesperson, if you will. Whomever is designated as a representative then speaks on behalf of the entity, the entity being bound by the representative’s testimony. A CR 30(b)(6) deposition is an increasingly valuable tool in a litigator’s arsenal by requirin ..read more

Mergers and acquisitions are common in the business world. Particularly in rapidly developing sectors, like technology, startups with cutting-edge concepts often merge with bigger, existing businesses. Other times, power players in an industry acquire companies that have valuable intellectual property or a popular brand. Mergers and acquisitions are often multi-million-dollar deals that take months to negotiate. All of that work may come to nothing if federal authorities intervene and prevent the transaction. For those in certain industries, the possible scrutiny of federal regulators is likel ..read more

How can employers effectively recruit new talent and simultaneously maintain a financially secure position? Employers sometimes offer signing bonuses as an incentive to job applicants. Signing bonuses can help in recruitment, but there are some potential pitfalls that employers should consider. Following is a discussion of some of the issues that can arise with signing bonuses. We also explore the differences between signing bonuses and offers to reimburse prospective employees for “expenses” associated with relocating to a new job. In doing so we address the Washington Wage Rebate Act, RCW 49 ..read more

As a J.D. candidate immersed in the world of law, I have been consistently exposed to a variety of legal fields. This exposure has broadened my perspective and shown me the diverse roles an attorney can assume. In particular, mediation is an area where an attorney’s role and responsibilities can change significantly, especially when compared to an area such as traditional litigation. For instance, in litigation, each party’s attorney has the opportunity to present an opening statement. In litigation, these opening statements often consist of formal legal arguments, compelling narratives, and s ..read more

As a business owner, you’ve likely taken steps to protect your company’s sensitive information, trade secrets and intellectual property by implementing confidentiality agreements. These legal documents are designed to create a trusted environment where employees and business partners can freely share and handle confidential data. Despite your best efforts and intentions, there may come a time when a violation of such agreements occurs. Such breaches can have severe consequences, including losing competitive advantages and financial repercussions. Addressing a violation is a sensitive matter, f ..read more

Investing in a commercial property can be lucrative but it’s a decision that requires thorough analysis and strategic thinking. A hasty or uninformed choice may result in costly missteps, which can hinder your success. Every investment property has its unique features, risks and rewards. Selecting the right one demands a careful examination of several crucial factors. Understanding these can help you to make an informed decision about any particular property. Knowing market dynamics is key Learning relevant market dynamics is a fundamental step in choosing a commercial investment property. Thi ..read more