ArticleCollecting Pre-Judgment InterestIn Washington State, parties seeking damages related to breach of contract, often can recover interest on those damages pursuant to contractual provisions governing interest.United StatesReal Estate and ConstructionBeresford Booth
ArticleCounting On Recovering Attorney Fees? Why You Should Reconsider.It makes logical sense that any person considering litigation would be emboldened, possibly even motivated, by learning that a relevant statute allows for an award of attorney's fees to the "prevailing party." United StatesLitigation, Mediation & ArbitrationBeresford Booth
Article“Or” Is More Complicated Than You Think: De Morgan’s Theorem In Legal Interpretation.Legal disputes often hinge on the interpretation of seemingly simple words like "or," which can carry different meanings depending on context. This article explores how De Morgan's Theorem from logic applies to legal interpretation, particularly in statutes and contracts where "or" follows prohibition words, and demonstrates why understanding these nuances is critical for proper document drafting and interpretation. United StatesCorporate/Commercial LawBeresford Booth
ArticleLitigation PrivilegeThe litigation privilege doctrine serves as a powerful shield protecting participants in judicial proceedings from civil liability for their statements and testimony. Understanding when and how this privilege applies can mean the difference between a successful defense and prolonged litigation, as it operates as a complete bar to derivative lawsuits based on prior court proceedings. United StatesLitigation, Mediation & ArbitrationBeresford Booth
ArticleReminder: Lien Rights Are LimitedUnder Washington law, “any person furnishing labor, professional services, materials, or equipment for the improvement of real property shall have a lien upon the improvement for the contract price of labor...United StatesReal Estate and ConstructionBeresford Booth
ArticleI Just Sent Out Wedding Invitations, Should I Get A Prenup Or A Postnup?Whether you're planning a wedding or already married, you may have heard of prenuptial and postnuptial agreements.United StatesFamily and MatrimonialBeresford Booth
ArticleWhat To Look Out For In The Updated Parenting Plan FormIf you are going through a divorce or looking to update your Parenting Plan, every decision you make now can have a real impact on your time with your children, the cost and length of your case...United StatesFamily and MatrimonialBeresford Booth
ArticleIndemnification Clauses: An Underestimated Risk In Washington ContractsThis is Part 1 of a four‑part series on indemnification clauses when buying or selling a Washington business. Indemnification clauses are one of the most powerful, and most underestimated...United StatesCorporate/Commercial LawBeresford Booth
ArticleWashington Entities: How Far Can Founders Go?Last year, the Delaware Court of Chancery issued a decision in West Palm Beach Firefighters' Pension Fund v. Moelis & Co. 211 A.3d 809 (Del. Ch. 2024)...United StatesCorporate/Commercial LawBeresford Booth
ArticleWhy Earnouts Are A Heavily Litigated Feature Of M&A TransactionsIn small-market mergers and acquisitions (under $50,000,000), closing day feels like the finish line. The purchase agreement is executed, funds are wired, and both buyer and seller pause to celebrate a successful transaction.United StatesCorporate/Commercial LawBeresford Booth
ArticleNavigating TLPE Insurance For Middle Market M&A DealsAs the merger and acquisition ("M&A") market continues to evolve, buyers and sellers in the $10 million to $100 million range are increasingly looking for ways to manage risk...United StatesInsuranceBeresford Booth
ArticleUneven Ground: Pro Se Litigants Facing Represented PartiesThe Washington Court of Appeals' decision, Zhi Feng v. Xiaoqiang Wu et al., addressed such a situation.United StatesReal Estate and ConstructionBeresford Booth
ArticleWhat Determines The Cost Of Litigation?The American legal system is one of advocacy. That means that generally speaking, the court in a dispute does not do its own investigation to get to the truth of the matter...United StatesLitigation, Mediation & ArbitrationBeresford Booth
ArticleDo I Need To Complete Discovery In My Divorce Case?As you begin the process of divorce, your attorney may inform you that you will have to complete what is called discovery with the other side.United StatesFamily and MatrimonialBeresford Booth
ArticleEasements By Implication (Prior Use And Necessity)Easements are a non-ownership right to use or enjoy someone else's land. I recently discussed the two major types of easements, appurtenant easements and easements in gross, in a blog post here.United StatesReal Estate and ConstructionBeresford Booth
ArticlePart 2 Of 3: Protecting Value: Representations And Deal DynamicsOnce the deal structure is set and diligence is underway, the focus shifts to protecting value. This is where accountants and lawyers work side by side crafting representations...United StatesAccounting and AuditBeresford Booth
ArticleDue Diligence On Real Estate: What Buyers Must VerifyWhen a business sale includes real estate, buyers often assume the property is “fine” because the business has operated there for years. That assumption can be costly. United StatesCorporate/Commercial LawBeresford Booth
ArticleDue Diligence Red Flags That Every Business Buyer Should Know Before Signing A Purchase AgreementLegal due diligence reveals critical red flags that can derail business acquisitions if left undetected. From undisclosed litigation and change-of-control provisions to employee misclassification and regulatory gaps, understanding these warning signs before closing protects buyers from inheriting costly legal problems and allows for appropriate risk pricing and contractual protections. United StatesCorporate/Commercial LawBeresford Booth
ArticleHow Lawyers And Accountants Team Up In A Business PurchaseWhen acquiring a Washington business, the collaboration between your lawyer and accountant can make or break the deal.United StatesCorporate/Commercial LawBeresford Booth
ArticleCarve‑Outs And Survival Periods: The Hidden Traps Inside Indemnification ClausesThis is Part 4 of my four‑part series on indemnification clauses. In Part 3, we looked at baskets and caps, the tools that limit when indemnity starts and how far it goes.United StatesCriminal LawBeresford Booth