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Law Blog of Montgomery Purdue

9Mar 2016

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Author Josh Pope

My LLC is Manager-Managed – Does it Matter?

  • Mar 9, 2016
  • Josh Pope
  • Business Law
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Given its flexibility regarding structure and tax treatment, limited liability companies (LLC’s) remain one of the most popular entity types in the State of Washington for real estate and business ventures.  When forming a new LLC, or purchasing interests in…

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13Nov 2015

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Author Josh Pope

What is an SNDA and Why is it Important?

  • Nov 13, 2015
  • Josh Pope
  • Real Estate Law
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A Subordination, Non-Disturbance and Attornment Agreement (an “SNDA”) is often an underappreciated but extremely important document in a commercial lease transaction.  An SNDA is an agreement among a lender, its borrower (the landlord), and the tenant, detailing the rights of…

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14Oct 2015

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Author Josh Pope

Proper Due Diligence is Critical When Purchasing Real Estate

  • Oct 14, 2015
  • Josh Pope
  • Real Estate Law
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When purchasing improved or unimproved real estate, whether residential, commercial, industrial or mixed-use, performing proper due diligence is of critical importance to insure that the purchaser is truly getting the benefit of the bargain.  Ideally, the diligence process begins by…

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29Sep 2015

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Author Luke Campbell

Washington Court Upholds Physician Noncompete, But Caution Is Warranted

  • Sep 29, 2015
  • Luke Campbell
  • Health Care Law
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In Emerick v. Cardiac Study Center, Inc., P.S., the Washington court of appeals held a physician noncompete does not automatically violate public policy, and will be upheld when reasonable. The case involved a cardiology practice with four office locations in…

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10Aug 2015

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Author Luke Campbell

Yelp Adding Medicare and Other Healthcare Data

  • Aug 10, 2015
  • Luke Campbell
  • Health Care Law
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A recent article in The Washington Post highlighted that Yelp is adding government information on hospitals, nursing homes and dialysis clinics to its popular review site.  Patients can now look up  an emergency room’s average wait time, fines paid by…

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25Jun 2015

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Author Luke Campbell

Updated National Practitioner Data Bank Guidebook Expands Reporting Requirements

  • Jun 25, 2015
  • Luke Campbell
  • Health Care Law
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Most physicians probably recognize that a hospital must report certain professional review actions adversely affecting a physician’s clinical privileges to the National Practitioner Data Bank (NPDB), which can have serious career consequences for a physician.  Physicians may not, however, realize…

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29May 2015

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Author Luke Campbell

Victory for Physicians Defending against Medical Malpractice Actions

  • May 29, 2015
  • Luke Campbell
  • Health Care Law
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In Fergen v. Sestero, Washington’s Supreme Court recently handed an important victory to physicians defending medical malpractice actions.  The ruling involved the exercise of judgment instruction, which reminds juries that if a physician exercises the reasonable care and skill generally…

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17Apr 2015

Author Joe Hamell

Seattle Minimum Wage and Employers Outside Seattle

  • Apr 17, 2015
  • Joe Hamell
  • Employment Law, Labor Law, Municipal Law
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The phase in of the city of Seattle’s minimum wage ordinance began on April 1, 2015. Be aware that the ordinance states that it applies both to employers who are located in Seattle and to employers who have employees who…

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22Jan 2015

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Author Ryan Montgomery

Bernard Decision Confirms Intent and Purpose of TEDRA

  • Jan 22, 2015
  • Ryan Montgomery
  • Estate Planning, Trust & Estate Litigation and Dispute Resolution
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In In Re Estate of Bernard, 182 Wn. App. 692, 332 P.3d 480 (2014), review denied 339 P.3d 634 (2014), the Washington State Court of Appeals Division 1 reversed a trial court order invalidating a trustor's estate plan.  In upholding…

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14Jan 2015

Author Greg Pendleton

Insurer Can’t Unilaterally Limit Rates Payable to Defense Counsel

  • Jan 14, 2015
  • Greg Pendleton
  • Insurance Coverage
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The Western District of Washington recently ruled that, absent a contrary term in the insurance policy, an insurer does not have the sole power to set the rates it will pay for defending its insured in a lawsuit.  The case, National…

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