Indemnity: What’s the Big Deal? by Sommer Clement
Indemnity: What’s the Big Deal? By Sommer B. Clement I was in a deposition recently when the witness was asked to explain indemnity in his own words. Wow, I thought,
Category: Blog
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CTA Beneficial Ownership Reporting Challenges in Community Property States
Inset: This post was co-authored by Joe Wallin, a partner in the Seattle, Washington office of Carney Badley Spellman and Jonathan Wilson with the FinCEN Report. Original post found here. The Corporate Transparency Act (CTA) took
Retention Protection for Contractors and Subcontractors on Private Projects
Starting July 23, 2023, Washington law will limit the retention that can be withheld on private construction projects, both commercial and large residential (12 or more units), to no more than 5% of the contract price and will require the party holding retention to pay interest at 1% per month on the amount withheld, commencing 30 days after completion and . . .
Zillow CEO to Face Questions in Rival Real Estate Platform’s Lawsuit
Carney attorney, Mark Rosencrantz is one of the attorneys representing REX, in REX v Zillow lawsuit. A U.S. judge on Tuesday said Zillow Group Inc (ZG.O) Chief Executive Rich Barton can be questioned in a rival real estate platform’s antitrust lawsuit in Seattle federal court, over an objection that he has no material involvement in the issues in the case . . .
Washington State House Bill 1155 – My Health My Data Act
Washington State is on track to pass a far-reaching new piece of legislation in the upcoming weeks. The “My Health My Data” Act (House Bill 1155), if signed into law, will take effect starting on March 31, 2024. The title of the law implies that it will only apply to health care related industries, when in fact the law . . .
Time to Update Your Severance Agreements: New Washington State Law and National Labor Relations Board Decision Place Additional Requirements
Severance agreements have traditionally included confidentiality clauses that allow employers to keep the terms of the agreement, including the amount paid, confidential. This is particularly true when an employee has asserted claims that are waived as part of the severance agreement. However, recent legislation in . . .
5 Things You Should Know about the New Washington State Capital Gains Tax
In 2021, the Washington State legislature enacted a new tax on the sale of long-term capital assets. In March 2022, the Douglas County Superior Court ruled the new tax is invalid because it violates the state constitution. That decision has been appealed to the Washington State Supreme Court . . .
Using a Charitable Remainder Trust to Sell a Business
For Washington business owners looking to sell, the possibility of paying an additional 7% capital gains tax is concerning. For owners that sold in 2022, their payments are due on April 18, 2023, while the Washington state Supreme Court considers the constitutionality of the new tax. The 7% Washington tax . . .
FTC’s Proposed Rule Banning Noncompete Agreements
The FTC is currently seeking public comment on the proposed rule, which is due 60 days after publication in the Federal Register. After the comment period closes, the FTC will consider the comments, and then may adopt and publish a final rule. The proposed rule would go into effect 180 days after the publication of the final rule . . .
Complete Defense to Defect Claims by Virtue of the Defective Design
Does a contractor in Washington have a complete defense for an alleged construction defect when the defect is related, in part, to a design error and, in part, to a construction defect? As a contractor, you might argue you are completely absolved . . .