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May 2020

Employee Retention Tax Credits in the Age of Coronavirus

by Sheryl J. Willert

On Sunday, May 17, in a previous client update note on the Paycheck Protection Plan (PPP) loan forgiveness, we informed you that the Department of...

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May 2020

More News on the PPP Loan Forgiveness

by Sheryl J. Willert

On Sunday, May 17, we issued an update on PPP loans which discussed the change in time frame which would be considered for loan forgiveness. At th...

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May 2020

Governor Inslee Walks Back Contact Tracing Requirement for Restaurants

by Sheryl J. Willert

On May 15, 2020, within days of announcing a requirement that all restaurants would be required to obtain and maintain contact tracing information ...

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May 2020

SBA Releases New Rules on How to Apply PPP Proceeds in Order to Get Forgiveness

by Sheryl J. Willert

On Friday, May 15, the Small Business Administration (SBA), in consultation with the Treasury Department, issued new guidelines on how employers wh...

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May 2020

PPP Loans: Saved Before the Bell

by Sheryl J. Willert

On Wednesday, May 13, 2020, the Treasury Department, after consultation with the Small Business Administration, issued new guidance regarding good ...

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May 2020

The Ever-Changing Landscape of PPP Loans

by Sheryl J. Willert

On April 23, 2020, in response to the hue and cry from many members of the public that large businesses such as the Ruth’s Chris Steakhouse had rec...

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May 2020

Oregon State Bar: Construction Law Newsletter

by Thomas A. Ped, Cassie L. Bow

NEW RETAINAGE REQUIREMENTS RAISE MORE QUESTIONS THAN ANSWERS Recent amendments to ORS 279C.570 and ORS 701.420 create new requirements for retainag...

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April 2020

New Proclamation from Washington Governor Establishes Employer Obligations to COVID-19 At-Risk Employees

by Josephine B. Vestal, Jeffery M. Wells, Sheryl J. Willert

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April 2020

Labor & Employment COVID-19 Updates

by Josephine B. Vestal, Jeffery M. Wells, Sheryl J. Willert, Jerome L. Rubin, David E. Worley, Jessica M. Cox

The rapid spread of coronavirus has widely affected employers throughout the U.S. We are closely monitoring the developing situation and will offer...

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April 2020

CORONAVIRUS-RELATED PAID LEAVE FOR WORKERS AND TAX CREDITS FOR SMALL AND MIDSIZED BUSINESSES

by Josephine B. Vestal, Jessica M. Cox

On Friday March 20, 2020, The United States Departments of Treasury, Internal Revenue Service, and the U. S. Department of Labor took action to imp...

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Employee Retention Tax Credits in the Age of Coronavirus

More News on the PPP Loan Forgiveness

Governor Inslee Walks Back Contact Tracing Requirement for Restaurants

SBA Releases New Rules on How to Apply PPP Proceeds in Order to Get Forgiveness

PPP Loans: Saved Before the Bell

The Ever-Changing Landscape of PPP Loans

Oregon State Bar: Construction Law Newsletter

New Proclamation from Washington Governor Establishes Employer Obligations to COVID-19 At-Risk Employees

Labor & Employment COVID-19 Updates

CORONAVIRUS-RELATED PAID LEAVE FOR WORKERS AND TAX CREDITS FOR SMALL AND MIDSIZED BUSINESSES

QUARTERLY NEWSLETTER WINTER 2020

Williams Kastner’s Response to COVID-19 and Our Commitment to You

NEW WASHINGTON LAW REQUIRES ACTION ON NON-COMPETITION AGREEMENTS

Oregon Court of Appeals Finds Coverage Dependent on the Nature of Injury, Regardless of Liability Theory Alleged

Washington Federal Court Enforces Endorsement Allowing Insurer to Recoup Defense Costs for Uncovered Claims

Washington Federal Court Find Insurer Cannot Refuse to Cover Defense Costs Without Showing of “Actual Prejudice”

OREGON FEDERAL COURT FINDS HOA MEMBERS LACK STANDING TO BRING DIRECT ACTION AGAINST INSURER UNDER HOA’S INSURANCE POLICY BECAUSE THEY DO NOT QUALIFY AS INTENDED THIRD-PARTY BENEFICIARIES

WASHINGTON FEDERAL COURT FINDS THAT STATUTORY NOTICE OF INTENT TO SUE DOES NOT CONSTITUTE “CLAIM” UNDER CLAIMS-MADE POLICY

A Little Advance Notice on Employment Issues That Will Be Faced by General Counsel in 2018

WASHINGTON FEDERAL COURT FINDS THAT SEXUAL ABUSE CLAIM NOT COVERED EVEN WHEN “NEGLIGENCE” CLAIM WAS ALLEGED

IN ISSUE OF FIRST IMPRESSION, WASHINGTON COURT HOLDS THAT ACTIONS OF PUBLIC ADJUSTER ARE IMPUTED TO INSURED

OREGON COURT HOLDS THAT INSURED MUST ATTEND EUO AS CONDITION PRECEDENT TO COVERAGE DESPITE OREGON STATUTE REQUIRING PROMPT PAYMENT OF PIP BENEFITS

WASHINGTON FEDERAL COURT FINDS NO BAD FAITH FOR INSURER’S FAILURE TO RESPOND TO ROOFER’S TENDER WHEN INSURED CANNOT SHOW HARM

WASHINGTON FEDERAL COURT REJECTS INSURANCE FAIR CONDUCT ACT CLAIM ABSENT EVIDENCE OF UNREASONABLE DENIAL OF COVERAGE

ALASKA SUPREME COURT FINDS MOTOR VEHICLE ACCIDENT CLAIMANT WAS NOT “OCCUPYING” INSURED’S VEHICLE TO SEEK UIM COVERAGE UNDER INSURED’S POLICY

Enforcing The Surety’s Rights To The Defaulting Principal’s Contract Funds On Federal Projects: A Step-By-Step Guide to Navigating the FAR

WASHINGTON SUPREME COURT FINDS THAT EXCLUSIVE MEANS OF SERVICE FOR AUTHORIZED FOREIGN INSURER IS THROUGH WASHINGTON STATE INSURANCE COMMISSIONER

WASHINGTON COURT FINDS NO BAD FAITH DESPITE PROLONGED CLAIM RECONCILIATION PERIOD

OREGON FEDERAL COURT FINDS NO BREACH OF DUTY OF GOOD FAITH DESPITE INSURER’S BREACH OF CONTRACT

WASHINGTON/OREGON DOCTRINE OF EQUITABLE SUBROGATION: ARE INDEMNITY AGREEMENTS NECESSARY?

WASHINGTON COURT OF APPEALS DISMISSES OREGON CONTRACTOR’S LAWSUIT FOR FAILURE TO SUBSTANTIALLY COMPLY WITH CONTRACTOR REGISTRATION REQUIREMENTS

PROPOSED AMENDMENT TO THE WASHINGTON PUBLIC WORKS STATUTE

NEW TAX LAW IMPACTS CONFIDENTIAL SEXUAL HARASSMENT SETTLEMENTS

NEW TAX LAW IMPACTS CONFIDENTIAL SEXUAL HARASSMENT SETTLEMENTS

WASHINGTON PAID SICK LEAVE LAW EFFECTIVE JANUARY 1, 2018

FMCSA Form BMC-84 Bond Claims

WASHINGTON COURT FINDS NO BAD FAITH DESPITE INCORRECT ASSESSMENT BY INSURER ON COVERAGE ISSUES

WASHINGTON COURT LIMITS DISCOVERY OF INSURER’S CLAIMS-HANDLING MANUALS AND GUIDELINES FOR UNRELATED LINES OF COVERAGE

The Responsibility of Corporate America Post 2016 Presidential Elections

Washington’s New Uniform Power of Attorney Act: Surety Underwriters Beware

Judgment Lien May Survive A Chapter 7 Discharge

WASHINGTON COURT OF APPEALS REFUSES TO ALLOW PRODUCTION OF POST-LITIGATION COMMUNICATION BETWEEN INSURER AND COVERAGE COUNSEL IN DEFENSE OF UIM CLAIM

USLAW Spring / Summer 2017 – THE DEVIL IS IN THE DETAILS

WASHINGTON APPELLATE COURT FINDS INSURER NOT COLLATERALLY ESTOPPED FROM CONTESTING LIABILITY ISSUES IN DECLARATORY JUDGMENT ACTION

OREGON COURT OF APPEALS RENDERS IMPORTANT DECISION ON VARIOUS COVERAGE ISSUES ARISING OUT OF CONSTRUCTION DEFECT LAWSUIT

Amendments to Washington’s Retainage Statute Expose Sureties to Additional Risk

Washington Supreme Court Decision Exposes Sureties to Increased Risk for Disputing Claims

Washington State Court of Appeals Misstates Basic Surety Law Involving Release of Lien Bond Claim

ALASKA SUPREME COURT FINDS DUTY OWED BY LIABILITY INSURER TO THIRD-PARTY CLAIMANT

Washington Supreme Court Limits the Scope of the Insurance Fair Conduct Act

Washington State Legislative Alert: 2017 Regular Session

Regulatory Hurdles and Safety Considerations Remaining for Autonomous Trucks

Defending Nighttime Trucking Accidents

WASHINGTON FEDERAL COURT FINDS NO “OCCURRENCE” UNDER HOMEOWNERS’ POLICY BASED ON INSURED’S VIOLATION OF CONDOMINIUM BYLAWS

IDAHO SUPREME COURT RULES ANTI-STACKING CLAUSE IN INSURANCE POLICY IS AMBIGUOUS

WASHINGTON COURT FINDS NO “COLLAPSE” COVERAGE DESPITE ENGINEER’S OPINION THAT BUILDING COULD NOT SUPPORT REQUIRED LOADS UNDER THE BUILDING CODE

WASHINGTON APPELLATE COURT EXPANDS APPLICATION OF IMPLIED WAIVER OF ATTORNEY-CLIENT COMMUNICATIONS DURING DISCOVERY FOR REASONABLENESS HEARING FOLLOWING A COVENANT JUDGMENT

ALASKA FEDERAL COURT REFUSES TO NARROWLY DEFINE CONTRACTOR IN INTERPRETING AN EXCLUSION

OREGON SUPREME COURT BARS INSURER FROM LITIGATING COVERAGE ISSUES IN SUBSEQUENT LAWSUIT FOLLOWING VERDICT IN UNDERLYING CONSTRUCTION DEFECT LAWSUIT

Williams Kastner assists surety in defeating indemnitor’s bad faith and CPA counterclaims.

Bankruptcy and the Surety – Now What?

CD CLAIMS FROM THE PERSPECTIVES OF THE INSURER AND THE POLICYHOLDER

WASHINGTON COURT DENIES CLASS CERTIFICATION FOR PUNITIVE CLASS ACTION REGARDING COVERAGE FOR DIMINISHED VALUE

WASHINGTON COURT FINDS NO DUTY TO DEFEND FOR “BODILY INJURY” OR “PROPERTY DAMAGE” THAT HAS NOT YET OCCURRED DESPITE ALLEGATION THAT SUCH DAMAGES ARE LIKELY TO OCCUR IN THE FUTURE

WASHINGTON FEDERAL COURT DECLINES TO RULE ON WHETHER NEGLIGENT CLAIM HANDLING AND BAD FAITH CLAIMS ARE DISTINCT CAUSES OF ACTION UNDER WASHINGTON LAW

MONTANA FEDERAL COURT FINDS NO COVERAGE FOR STAND-ALONE CLAIMS BY HEIRS OF DECEASED EMPLOYEE WHO WAS INJURED FROM EXCLUDED CAUSE OF LOSS

WASHINGTON SUPREME COURT UNANIMOUSLY FINDS NO COVERAGE FOR WATER DAMAGE IN VACANT BUILDING UNDER ENDORSEMENT IN COMMERCIAL PROPERTY POLICY

WASHINGTON FEDERAL COURT ALLOWS DECLARATORY JUDGMENT ACTION AGAINST EXCESS INSURER TO CONTINUE DESPITE LACK OF EXHAUSTION OF UNDERLYING POLICY LIMIT

WASHINGTON FEDERAL COURT REFUSES TO EXTEND COVERAGE TO SPOUSE OF NAMED INSURED WHEN NOT QUALIFIED AS AN “INSURED” UNDER PROFESSIONAL LIABILITY POLICY

WASHINGTON COURT DISMISSES BAD FAITH AND IFCA CLAIMS WHEN INSURED DID NOT PROPERLY OR TIMELY DISCLOSE ALLEGED DAMAGES TO UIM INSURER

WASHINGTON FEDERAL COURT DENIES INSURER’S ATTEMPT TO ESCAPE WASHINGTON COURTS, BUT FINDS THAT EXTRA-CONTRACTUAL CLAIMS ARE GOVERNED BY LAWS OF ANOTHER STATE

IT’S more OF A GUIDELINE THAN A CODE: WASHINGTON FEDERAL COURT DISMISSES BAD FAITH CLAIMS AGAINST INSURER THAT ENFORCED ITS LITIGATION MANAGEMENT GUIDELINES AGAINST DEFENSE COUNSEL

IN A QUESTION OF FIRST IMPRESSION, ALASKA SUPREME COURT FINDS THAT INSURERS CANNOT SEEK REIMBURSEMENT OF DEFENSE COSTS EVEN WHEN POLICY ALLOWS IT AND INSURER RESERVED RIGHTS TO LATER SEEK REIMBURSEMENT

WASHINGTON FEDERAL COURT OPENS DOOR FOR OTHERWISE TIME-BARRED BAD FAITH CLAIM UNDER WASHINGTON’S CONSUMER PROTECTION ACT

WASHINGTON SUPREME COURT FINDS THAT UIM POLICY COVERS INJURIES CAUSED BY DRIVE-BY SHOOTING CONSTITUTE “ACCIDENT ARISING OUT OF OWNERSHIP, USE OR OPERATION OF A MOTOR VEHICLE”

WASHINGTON FEDERAL COURT CLARIFIES DISCOVERY OF ATTORNEY-CLIENT COMMUNICATIONS BETWEEN INSURERS AND COVERAGE COUNSEL UNDER CEDELL

Labor & Employment Alert – Title VII and Gender Identity Discrimination

Construction Law Newsletter – Construction Requirements for Medical Marijuana Facilities