Insight, Analysis, and Perspective for Businesses and Individuals

Conditions precedent are critical provisions in commercial contracts that require specific events or actions to occur before contractual obligations become enforceable. These conditions serve as legal triggers, ensuring that duties arise only after certain criteria have been fulfilled. The primary purpose of such clauses is to reduce uncertainty, clearly define prerequisites to performance, and manage […]

The legal landscape for family investment vehicles in Washington shifted dramatically after the Antio LLC v. Department of Revenue decision of the Washington Supreme Court.  In Antio the taxpayers were a group of investment funds organized as limited liability companies.  These funds acquired investors through private offerings and invested in debt instruments.  The LLCs themselves […]

In March, 2025, the National Association of Realtors (NAR) announced a new “Multiple Listing Options for Sellers” policy which gives sellers the option to only list a property on the local MLS and delay the listing on public platforms like Zillow and Redfin. The local MLS will now determine how long the listing may be […]

RCW 26.09.191, the Washington law on parenting plan limitations (a/k/a “.191 restrictions”), will change this month due to the passage of House Bill 1620. The bill, which was passed by the Legislature and signed into law by Governor Bob Ferguson in April, will take effect on July 27, 2025. The new law introduces new definitions […]

Prenuptial agreements are touchy subjects. Sometimes they can be perfectly fair and fine contracts between soon-to-be spouses. Other times they can grossly favor one spouse over the other. In a previous blog post, I discussed how divorcing spouses may challenge their prenuptial agreement.  Courts apply a two-pronged test to determine whether to uphold the agreement: […]

Nearly 140 years ago, the United States Supreme Court first recognized that one who causes harm to another should not financially benefit from the estate of the harmed person. In Mutual Life v. Armstrong, the defendant was the beneficiary of an insurance policy. However, the defendant was tried and convicted of killing the policy holder. […]

In 1990, attorney Stuart Webb inadvertently pioneered a new process for divorce aimed to minimize conflict and to resolve matters collaboratively and expeditously. Webb practiced family law and introduced a novel idea: he agreed to represent clients only if both spouses committed to staying out of court. If either spouse filed a motion or initiated […]

The enforceability of noncompetition agreements is a widely debated topic in and outside of the legal world. In just the last year, it has been a repeat topic on the floor of the Washington state legislature. States across the county are seeing a trend toward the unenforceability of overly restrictive restraints on employees’ trade. Currently, […]

Since 2018, estate planning legislation in Washington has remained stagnant. Increases in our legislated estate tax exemption rate had been tied to a Consumer Price Index that no longer existed, and the legislature largely ignored the issue. Recently, the Washington State Legislature finally turned an eye to addressing the issue and enacted a bill which […]

As a product of the COVID-19 pandemic, Washington courts, like many others, were forced to adopt a virtual format with respect to live hearings and trials. This meant opting to conduct proceedings using Zoom, Microsoft Teams, WebEx, and other similar video platforms. What started out as an emergency response based on public health necessity seems […]

Cryptocurrency is an increasingly common investment in spouses’ portfolios. While cryptocurrency can present unique challenges due to the various exchanges, different forms of recordkeeping, and new vocabulary, the key questions for purposes of divorce are the same as for more traditional assets: When Was the Cryptocurrency Acquired? It is important to identify when you purchased […]

Overview of The Spousal Residence Exclusion Washington state recently enacted some changes that may impact married couples and registered domestic partners. Under the new Spousal Personal Residence Exclusion, when a spouse/partner passes away on or after January 1, 2025, the decedent’s share of the family home in some situations will not count when determining whether […]