News from around the industry highlighting firm achivements and current events

Paine Hamblen Partners Fred Emry and Kathryn McKinley have been selected to the 2017 Super Lawyers list!

May 31, 2017

Paine Hamblen is proud to announce that two of its partners; Fred Emry and Kathryn McKinley, have been selected to the 2017 Super Lawyers list. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found at: http://www.superlawyers.com/about/selection_process.html.   Fred Emry’s practice areas include Estate Planning & Probate, Tax and Elder Law. Mr. Emry has been a selected to the Super Lawyer’s list every year since 2003. Kathryn McKinley’s practice areas include Real…

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Washington Adds Trust Decanting To The Estate Planners Toolbox

May 25, 2017

By: Eric J. Sachtjen Previous to the enactment of Washington’s decanting statute, estate planners who wanted to modify an otherwise irrevocable trust had to rely upon other methods, such as a Trust and Estate Dispute Resolution Act (“TEDRA”) proceeding, consolidation of trusts, or a written, binding TEDRA agreement. While rules and limitations apply, Washington’s new law, which is effective July 23, 2017, authorizes trustees to amend the provisions of irrevocable trusts or “pour over” the assets of the old trust…

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TIMBER! Division II of the Court of Appeals for the State of Washington Clarifies Washington’s Timber Trespass Statute

May 16, 2017

Held…”in recognition of the long recognized lawful authority to trim overhanging vegetation, the lawful authority to use and maintain property held in common with a cotenant, and the plain language of the timber trespass statute, we hold that where a tree stands on a common property line, the common owners of the tree may lawfully trim vegetation overhanging their property but not in a manner that  the  common owner knows will kill the tree.” To read the complete opinion go…

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Washington Supreme Court Creates Bright-Line Rule for Attorney-Client Privilege in the Corporate Setting

May 8, 2017

By: Ian J. Pisarcik In October, the Washington Supreme Court held, in a 5-4 decision, that the attorney-client privilege does not extend to postemployment communications between corporate counsel and former employees. In so holding, the Court eschewed the flexible approach articulated in Upjohn Co. v. United States; a United States Supreme Court decision that a majority of jurisdictions have relied on to extend the attorney-client privilege to include communications with former employees.   The case at issue, Newman v. Highland…

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HIPAA and the Rise of Cloud Computing

May 1, 2017

By: Ian J. Pisarcik The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently published a document explaining how the Health Insurance Portability and Accountability Act (HIPAA) applies to cloud computing. The OCR was motivated to offer guidance due to the proliferation and widespread adoption of cloud computing solutions and the corresponding confusion among HIPAA-covered entities and business associates with respect to how they can take advantage of cloud computing while not running afoul of HIPAA….

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