News from around the industry highlighting firm achivements and current events

What’s in a name? US Supreme Court Affirms Trademark’s Law on Restriction of Registration of Disparaging Marks Violates Free Speech Provision of the US Constitution.

June 22, 2017

Under 15 U. S. C. §1052(a), the USPTO may deny registration of a trademark that may “disparage . . . or bring. . . into contemp[t] or disrepute” any “persons, living or dead.” In the Supreme Court case of Matal, Interim Director, United States Patent And Trademark Office v. Tam (U.S. Ct, June 2017), No. 15–1293, 2017 WL 2621315, Simon Tam, lead singer of the rock group “The Slants,” chose this moniker for his band to “reclaim” the term and…

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Partner Keith Trefry Judges First Annual Eagle’s Nest Business Pitch Competition

June 5, 2017

Paine Hamblen is proud to announce that partner, Keith Trefry, was selected to judge the first annual Eastern Washington University Center for Entrepreneurship’s Eagle’s Nest Business Pitch Competition, which took place on Thursday, May 18th. The Competition began last November with a total of 35 student teams entering. After advancing through two preliminary rounds, seven student teams remained to compete for over $5,000 in prize money, with the top team taking home $2,500! The teams pitched their ideas to a…

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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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May the Real Prevailing Party Please Stand Up? Tax Court Denies Attorney’s Request for Fees Because Attorney Was Not the Actual Prevailing Party

April 12, 2017

By: Yonicio Hernandez The Tax Court in Greenberg, David B., 147 T.C. No. 13 (2016), held that an attorney who had represented a taxpayer in an administrative proceeding was not a proper party to file a petition seeking an award of attorney’s fees for the representation, in part because he did not “incur” the costs. Rather, he was to be the recipient of any fees. Because the attorney was not a party to the underlying proceeding, he could not be…

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RECENT SUPREME COURT DECISION IMPACTS LENDERS’ CONTRACTUAL RIGHT TO ENTER AND TO SECURE HOMES IN DEFAULT

February 9, 2017

By: Tricia D. Usab   On July 7, 2016, the Washington Supreme Court handed down a decision in Jordan v. Nationstar Mortgage, 185 Wn.2d 876 (2016), that directly impacts a lender’s ability to exercise standard provisions found in many mortgages and deeds of trust recorded throughout the state of Washington.  Many mortgages and deeds of trust contain provisions that allow a lender to enter into a borrower’s real property for the purpose of securing it after an event of default,…

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NEW DEVELOPMENT REGARDING FCRA THAT AFFECTS ALL BUSINESSES

February 3, 2017

On January 20, 2017, the Ninth Circuit Court of Appeals issued a ruling in a case that has broad effect, potentially impacting your organization.   In the case of Syed v. M-I, LLC, Case No. 14-17186 (2017), the Court ruled that a prospective employer violates the Fair Credit Reporting Act when it procures a job applicant’s consumer report after including a liability waiver in the same document as the statutorily mandated disclosure.  The Ninth Circuit Court of Appeals is the…

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RECENT SUPREME COURT DECISION IMPACTS DEVELOPMENT OF LAND WITH PERMIT-EXEMPT WELLS

February 1, 2017

By: Tricia D. Usab On October 6, 2016, the Washington Supreme Court handed down a decision in Whatcom County v. Hirst, 186 Wash. 2d 648 (2016),  that directly impacts the development of land with permit-exempt wells in counties such as Spokane, that are subject to the Growth Management Act.  The Growth Management Act is legislation that reinforces conservation goals, discourages sprawling low-density development patterns, and encourages future growth in urban areas.  Permit-exempt wells allow a withdrawal of groundwater for domestic…

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Idaho Supreme Court Redefines When Attorney Fees May Be Awarded to Prevailing Parties

January 5, 2017

By: Paul S. Stewart The Idaho Supreme Court in Hoffer v. Shappard, 160 Idaho 870, 380 P.3d 681 (2016), held that attorney fees available to a prevailing party under I.C. § 12-121 will be awarded in any case when “justice so requires.”  This is a departure from precedent based on I.R.C.P. 54(e)(1), which, until now, only permitted attorney fees under I.C. § 12-121 when a party prevailed against frivolous claims.  The Court announced that its new interpretation of I.C. §…

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