Author: Martin Kreshon
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Beware the Use of AI
AI can be a useful tool for improving productivity and coming up with ideas you might not come up with yourself. HOWEVER, as the linked Sanctions Order makes clear, lawyers should beware of having AI draft legal documents without meticulously checking the cited cases. Remember, AI hallucinates. It’s your reputation on the line.
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M&A Trends – Survival Periods and No-Recourse Terms
In the high-stakes arena of M&A, the survival period—the window during which a buyer can bring claims for breaches of representations and warranties—is a primary lever for risk allocation. The 2025 ABA Deal Points Study reveals a market increasingly defined by a binary choice: traditional indemnification or the “public-style” no-survival model. The Decline of Express…
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Foreign Money Judgments in Washington Still Need a Washington Hook
In Alterna Aircraft V B Ltd. v. SpiceJet Ltd., the Washington Supreme Court held that a creditor seeking recognition of a foreign-country money judgment must identify Washington property if there is no general or specific jurisdiction over the debtor here. What Happened Washington has adopted the Uniform Foreign-Country Money Judgments Recognition Act, which allows certain…
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Washington Manufacturers: Do Not Overlook the Sales/Use Tax Exemption for Machinery and Equipment
Washington manufacturers often focus on income, payroll, and B&O tax planning, but the sales/use tax treatment of machinery and equipment can be just as important when a business is expanding a production line, modernizing a plant, replacing critical components, or building out a research or testing function. The Washington Department of Revenue’s Manufacturers’ Sales and…
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Termination & Expiration – They’re Different?
Hat tip to @RobertFreundLaw for finding this gem. “Dimebag Darrell (former guitarist for heavy metal band Pantera)’s trust sued Dean Guitars for using Dime’s likeness and endorsement after the licensing agreement ended. Long story short, Dean Guitars won because the agreement required ceasing production of the endorsed guitars upon “termination,” not “termination or expiration.” The…
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What Washington’s Montes Decision Means for False-Discount Pricing Claims
The Washington Supreme Court ruled that a false “sale” price alone does not constitute “business or property” injury under the state’s Consumer Protection Act (CPA) if the item is worth what the consumer paid. Key takeaway: The decision likely narrows some Washington false-discount cases, but it is not a green light for careless pricing. Businesses…
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Washington Expands Background Check Protections for Workers with Criminal Records
Washington’s Fair Chance Act has limited when employers can ask about criminal history (i.e., conduct background checks) since 2018. But 2025 amendments to the law go further. Enacted as EHB 1747, the changes do not replace the original law so much as expand it: the earlier statute focused mainly on when employers could seek criminal-record…
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Insights into the 2025 Deal Points Study: Navigating Baskets and the Ubiquity of Materiality Scrapes
Risk allocation in mergers & acquisitions (M&A) isn’t just about how long a buyer has to make a claim, but how much loss must occur before a claim is valid. The 2025 ABA Study provides critical data on “baskets”—the minimum loss threshold—and the “materiality scrape,” a provision that significantly lowers the buyer’s burden of proof.…
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Regulatory Shift: DOL Proposes New Standards for Independent Contractor Classification
On February 26, 2026, the Department of Labor (DOL) introduced a Proposed Rule aimed at redefining the boundaries between employees and independent contractors. This update marks a pivot away from current standards, moving toward a framework that mirrors the 2021 “employer-friendly” guidelines. Notably, the DOL intends to apply this classification logic not just to the…
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Ninth Circuit Upholds Religious Hiring Preferences
The Ninth Circuit Court of Appeals recently bolstered the legal standing of religious employers in Union Gospel Mission of Yakima v. Brown. Interpreting the Washington Law Against Discrimination (WLAD), the court upheld a preliminary injunction that prevents the state from penalizing the Mission for its faith-based hiring preferences. This decision continues a broader judicial trend…