WSBA Sections – NWSidebar

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Building Collectivistic Cultural Relevance, Competency for Estate Planning

Providing estate planning and end-of-life services to an ailing parent generation, within a culture that does not have tools in place to easily do so, is going to require new strategies and forward thinking about cultural relevance and cultural competency.
The issue is vast and complex, so I believe a good place to begin is with the hesitancy of many people to move forward with formal estate planning. This is especially true among those who are first-generation immigrants from a collectivistic culture, thereby leading to higher risk that their wishes will not be properly expressed during the end-of-life process.

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Warhol Foundation Doesn’t Benefit From ‘Plagiarist Privilege’

Andy Warhol Foundation for the Visual Arts, Inc. V. Goldsmith concerns whether the Andy Warhol Foundation (AWF) infringed the copyright held by Lynn Goldsmith in her photograph of the artist Prince, when it licensed Warhol’s version (“Orange Prince”) of Goldsmith’s photograph to the media company Condé Nast for a magazine cover. At issue was whether the fair use defense applies to appropriation. Rather than broadly refashion the law, the Court issued a narrowing interpretation of the first fair use factor, in the form of a new judicial test.

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What Happened in the 2023 Washington Legislative Session

The 105-day 2023 legislative session began on Jan. 9 and adjourned sine die on April 23. Legislators passed a two-year, $69.2 billion state operating budget providing funding increases for K-12 schools, with an emphasis on special education and programs to support affordable housing, as well as a $13.5 billion biennial transportation budget that supports improvements to the Washington State Ferry System, increases bicycle and pedestrian access to schools, and funds major highway construction projects statewide.

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Washington’s 2023 Legislative Session: What’s in Store at the WSBA

The 2023 session of the Washington State Legislature began with lawmakers returning to Olympia for the first in-person session in two years. Legislators will consider a variety of issues this year. However, a primary focus of the 120-day “long” session is to pass a state budget for the next two years. The first day of session was Jan. 9 and it will continue through April 23. Between now and then the Senate and House of Representatives have important dates ahead of them.

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This Memorial Day AG Ferguson Salutes Those Who Died to Keep Our Country Safe

Each year on Memorial Day, we pause to honor those who have served in our armed forces. We hold deep gratitude and admiration for the men and women who have risked everything for our safety, security, and health. For those who are no longer with us, we keep their memory alive by solemnly remembering their sacrifice. This year, service members have been called to the front lines to continue managing the COVID-19 pandemic and fighting the natural disasters threatening communities across our state.

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The Ups and Downs of Starting Your Own Law Practice

For a lawyer who’s thinking about striking out on their own and starting a firm, there are naturally pros and cons. You gain more autonomy in how you practice, but lose the structure of an established firm. You get to choose how you run your business, but you also take on more risk.

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Legal Multitasking: The Advantages of Multiple Section Membership

More than 10,000 WSBA members are also members of the nearly 30 sections spread across the many diverse practice areas of the law. Through sections, these members band together to share knowledge, perfect their skills, and push the boundaries of the legal profession. Just as no single legal professional is limited to one area of law, a number of WSBA members are actually members of multiple sections. Nicholas Pleasants, for example, is one such lawyer. A solo practitioner and owner of Pleasants Law Firm, he participates in three WSBA sections. Read on to find out why he does it and what he gets out of it.

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AG Ferguson: Let’s Address the Unmet Civil Legal Needs of Veterans and Service Members

As attorney general, I invite Washington’s legal community to consider how we all can support veterans and service members throughout the year. My office honors the service and sacrifices of those who have served in our armed forces by working to meet their civil legal needs through our Office of Military & Veterans Legal Assistance (OMVLA). Through the Military Engagement & Directed Advocacy by Lawyers (MEDAL) program, OMVLA facilitates direct representation for military service members and veterans. The MEDAL program receives requests for legal assistance and refers qualified requests to registered volunteer attorneys who can offer assistance with self-selected civil legal issues. OMVLA also coordinates training for volunteer attorneys to acquire the skills they need to address these civil legal needs.

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What You Need to Know About the Washington Nonprofit Corporation Act

Earlier this year, the Washington Legislature adopted, and Gov. Jay Inslee signed into law, an all-new Washington Nonprofit Corporation Act (the “New Act”). The New Act, which will take effect Jan. 1, 2022, is a total replacement for the current Washington Nonprofit Corporation Act, Chapter 24.03 RCW. Washington lawyers who represent nonprofits will likely want […]

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Washington Legislative Recap: 2021 Session Summary for Legal Professionals

On April 25, the Washington State Legislature closed its unprecedented 2021 Regular Session, capping 105 days in Olympia that for the first time was also conducted nearly entirely virtually. Despite a few technical glitches and Zoom missteps, that have become commonplace during pandemic life, the session went surprisingly smoothly and WSBA Legislative Affairs was busy throughout, monitoring hundreds of bills that are of interest to lawyers and other legal professionals.

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What the WSBA is Tracking in Washington’s 2021 Legislative Session

The 2021 session of the Washington State Legislature is certainly like none in the history of the state—but so far things are going smoothly. With the ongoing COVID-19 pandemic, the Legislature like many other government bodies is conducting nearly all of its business virtually during the 105-day session. The first day of session was Jan. 11 and it will continue through April 25. Here’s what we’re watching.

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Lessons From Earth to Outer Space: Space Law, Elon Musk, and the Future of Mars

The history of space law can be traced to competition among developed countries that demanded new ground for growing political pretensions.

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Honoring Veterans in Washington State Bar News

Each November we dedicate a day to pause and reflect on our veterans. In the latest issue of Washington State Bar News, we’ve done just that. In recognition of Veterans Day, we’re sharing stories that focus on issues affecting service members, their families, and the legal professionals who make serving veterans their duty. Members of the WSBA Legal Assistance to Military Personnel Section help explain its origins and what its section members do

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Attorney General Bob Ferguson Honors Service Members, Calls for MEDAL Volunteers This Veterans Day

Each year on Veterans Day, we pause to honor those who have served in our armed forces. We should never forget their contributions to our safety, security, and health. Over the past year, service members have been called to the front lines of historic challenges, including management of the COVID-19 pandemic and fighting wildfires threatening communities across our state.

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Tracy Chapman v. Nicki Minaj: Commercial Purposes Can be Fair Use, but Minaj May be ‘Sorry’

Tracy Chapman recently sued Nicki Minaj for copyright infringement, after Minaj sampled part of a Chapman song. Minaj won a partial summary judgement motion on fair use grounds. A win for Nicki Minaj? Not so fast…

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Washington’s New Noncompete Law Shrinks Physician Employment Agreements

This year the state of Washington flipped the regulations for noncompete agreements on their head and, eight months after the new law became effective, the impacts are beginning to take shape. In this article I will describe the significant effects of the new law on noncompetes in physician employment agreements, which I regularly draft and review.