# Possinger Law | Woodinville Attorney --- ## Pages - [Tumble Creek Litigation](https://www.possingerlaw.com/tumble-creek-class-action/) - [Transportation & Logistics Law Practice Area](https://www.possingerlaw.com/transportation-logistics/) - [Contact Thank You Page](https://www.possingerlaw.com/contact-thank-you/) - [FEDEX Contact Thank You Page](https://www.possingerlaw.com/fedex-thank-you/) - [Consultation Thank You Page](https://www.possingerlaw.com/consultation-thank-you/) - [FedEx Ground - Contractors](https://www.possingerlaw.com/fedex-ground-contractors/) - [PYNQ v. FedEx Ground](https://www.possingerlaw.com/pynq-v-fedex-ground/) - [Staff: Ian Ducey](https://www.possingerlaw.com/ian-ducey/) - [Homestead Golf Course Litigation](https://www.possingerlaw.com/homestead-golf-course-litigation/) - [Staff: Jody Riegler](https://www.possingerlaw.com/jody-riegler/) - [Staff: Alexandra Carstens](https://www.possingerlaw.com/alexandra-carstens/) - [Staff: David Selka](https://www.possingerlaw.com/david-selka/) - [Staff: Jeffrey Possinger](https://www.possingerlaw.com/jeffrey-possinger/) - [Author profile](https://www.possingerlaw.com/author-profile/) - [Staff](https://www.possingerlaw.com/staff/) - [Employment](https://www.possingerlaw.com/about/careers/) - [Terms of Engagement](https://www.possingerlaw.com/terms-of-engagement/) - [Disclaimer](https://www.possingerlaw.com/disclaimer/) - [Other Areas of Practice](https://www.possingerlaw.com/practice-areas/other-areas-of-practice/) - [Referrals](https://www.possingerlaw.com/referrals/) - [Clients](https://www.possingerlaw.com/clients/) - [Privacy Policy](https://www.possingerlaw.com/privacy-policy/) - [Terms of Representation](https://www.possingerlaw.com/terms-of-representation/) - [Outside General Counsel Services](https://www.possingerlaw.com/practice-areas/general-legal-counsel/) - [Business Law](https://www.possingerlaw.com/practice-areas/business-law/) - [Technology Law](https://www.possingerlaw.com/practice-areas/technology-law/) - [Estate and Succession Planning](https://www.possingerlaw.com/practice-areas/estate-succession-planning/) - [Litigation and Dispute Resolution](https://www.possingerlaw.com/practice-areas/litigation-dispute-resolution/) - [Practice Areas](https://www.possingerlaw.com/practice-areas/) - [Resources](https://www.possingerlaw.com/resources/) - [About Possinger Law Group](https://www.possingerlaw.com/about/) - [Contact](https://www.possingerlaw.com/contact/) - [News & Insights](https://www.possingerlaw.com/news-insights/) - [Home](https://www.possingerlaw.com/) --- ## Posts - [Court Decision Settles Outstanding Issues in MJ Management's Favor](https://www.possingerlaw.com/court-decision-settles-outstanding-issues-in-mj-managements-favor/): On March 18, 2026, the court entered an order granting MJ Management’s Motion for Summary Judgment in the case of... - [Tumble Creek Club Faces Potential Consumer Protection Class Action Over Membership Agreement](https://www.possingerlaw.com/possinger-law-group-files-class-action/): On October 30, 2025, Penny Gutschmidt, a former resident of Tumble Creek, filed suit in Kittitas County Superior Court against... - [Civil RICO and the Growing Use of Treble Damages in Business Disputes](https://www.possingerlaw.com/civil-rico-and-the-growing-use-of-treble-damages-in-business-disputes/): The ability to recover treble damages is one of the most significant incentives for plaintiffs to file a Civil RICO... - [The Challenges of Proving a "Pattern of Racketeering" in Civil RICO Cases](https://www.possingerlaw.com/the-challenges-of-proving-a-pattern-of-racketeering-in-civil-rico-cases/): One of the most difficult aspects of pursuing a Civil RICO case is proving that the defendant engaged in a... - [The Expanding Scope of Civil RICO Beyond Organized Crime](https://www.possingerlaw.com/the-expanding-scope-of-civil-rico-beyond-organized-crime/): Originally designed to combat traditional organized crime, the Racketeer Influenced and Corrupt Organizations Act (RICO) has evolved significantly since its... - [Settlement Strategies in Complex Litigation: Challenges and Best Practices](https://www.possingerlaw.com/settlement-strategies-in-complex-litigation-challenges-and-best-practices/): Settlement is a common resolution in complex litigation, often preferred over the time, expense, and unpredictability of a trial. However,... - [Court Orders Release of Funds from Court Registry for Previous Homestead Homeowners](https://www.possingerlaw.com/court-orders-release-of-funds-from-court-registry-for-previous-homestead-homeowners/): Homestead homeowners that had previously deposited funds in the Whatcom County Court Registry as part of the Hillius v. 18... - [Trump's Proposal for 100% Tariff on Foreign Films: Legal Challenges and Industry Impact](https://www.possingerlaw.com/trumps-proposal-for-100-tariff-on-foreign-films-legal-challenges-and-industry-impact/): On Sunday, May 4, 2025, President Donald Trump announced through a Truth Social post that he intends to impose a... - [Hillius v. 18 Paradise, LLP, Court Denies Plaintiffs’ Post-Trial Motions in Monday Hearing](https://www.possingerlaw.com/hillius-v-18-paradise-llp-court-denies-plaintiffs-post-trial-motions-in-monday-hearing/): Following a hearing on Monday, April 21, 2025, Judge David Freeman denied Plaintiffs’ Petition for Further Relief as well as... - [Hillius v. 18 Paradise, LLP, Supreme Court Rejects Plaintiffs’ Request for Direct Review](https://www.possingerlaw.com/hillius-v-18-paradise-llp-supreme-court-rejects-plaintiffs-request-for-direct-review/): On April 2, 2025, the Washington State Supreme Court entered its order, rejecting the Plaintiff’s request for Direct Review with... - [Hillius v. 18 Paradise, LLP, Awaiting Decision on Motion to Dismiss in Washington State Supreme Court](https://www.possingerlaw.com/hillius-v-18-paradise-llp-awaiting-decision-on-motion-to-dismiss-in-washington-state-supreme-court/): Following nearly 5 years of litigation in Whatcom County Superior Court and a trial in May 2024, the Hillius v.... - [MJ Management Continues Collection Efforts Post-Hillius](https://www.possingerlaw.com/mj-management-continues-collection-efforts-post-hillius/): Following the trial court’s Final Orders entered on September 11, 2024, which determined that the correct amount of the Homestead... - [The Role of Arbitration in International Commercial Disputes](https://www.possingerlaw.com/the-role-of-arbitration-in-international-commercial-disputes/): International commercial arbitration has become the preferred method for resolving cross-border business disputes, offering businesses a neutral and enforceable way... - [The Impact of Mandatory Arbitration Clauses in Commercial Agreements](https://www.possingerlaw.com/the-impact-of-mandatory-arbitration-clauses-in-commercial-agreements/): Mandatory arbitration clauses are a common feature of both modern commercial and consumer agreements, requiring that disputes be resolved through... - [The Rise of Arbitration in Commercial Contracts: Pros and Cons](https://www.possingerlaw.com/the-rise-of-arbitration-in-commercial-contracts-pros-and-cons/): Arbitration has become an increasingly popular method of dispute resolution in commercial contracts, often included as a standard clause in... - [How Recent U.S. Tariffs Impact Your Cross-Border Contracts: Key Clauses to Review](https://www.possingerlaw.com/how-recent-u-s-tariffs-impact-your-cross-border-contracts-key-clauses-to-review/): On Saturday, February 1, 2025, President Trump imposed significant tariffs on Canada, Mexico, and China, which go into effect on... - [What Jeffrey’s Been Reading: Tyranny, Inc.](https://www.possingerlaw.com/what-jeffreys-been-reading-tyranny-inc/): At the beginning of this year, I started reading Tyranny, Inc. by Sohrab Ahmari, where he offers a compelling critique... - [MJ Management and Plaintiff’s File Motions for Reconsideration of Court’s Decision in Homestead Litigation](https://www.possingerlaw.com/mj-management-motions-for-reconsideration/): On Friday, September 20, 2024, both MJ Management and the Plaintiffs filed Motions for Reconsideration of Judge David Freeman’s Findings... - [Court Enters Final Orders in Homestead Litigation](https://www.possingerlaw.com/court-enters-final-orders-homestead/): On Tuesday, September 11, 2024, Judge David Freeman entered his final decision in Homestead Litigation (Hillius, et al. v. 18... - [Court Enters Judgement for Attorney’s Fees Against Plaintiffs and Plaintiffs’ Counsel](https://www.possingerlaw.com/court-enters-judgement-for-attorneys-fees-against-plaintiffs-and-plaintiffs-counsel/): On Friday, August 9, 2024, Judge David Freeman entered judgment for MJ Management against the plaintiffs and their counsel on... - [Jeffrey Possinger to serve as faculty at NITA Deposition Skills Program](https://www.possingerlaw.com/jeffrey-possinger-to-serve-as-faculty-at-nita-deposition-skills-program/): Possinger Law Group attorney and founder Jeffrey Possinger will be serving as Faculty for The National Institute for Trial Advocacy... - [Court Hearing Held on Presentation of Final Orders in Homestead Litigation](https://www.possingerlaw.com/court-hearing-held-on-presentation-of-final-orders-in-homestead-litigation/): On Friday, July 26, 2024, the parties in the Homestead Litigation (Hillius, et al. v. 18 Paradise, LP, et al)... - [Judge Issues Key Ruling in Homestead Case](https://www.possingerlaw.com/judge-issues-key-ruling-in-homestead-case/): Following a two-week trial in May, Whatcom County Superior Judge David Freeman rendered an oral ruling in the Hillius v.... - [Possinger Law Group at Cannes Film Festival](https://www.possingerlaw.com/possinger-law-group-at-cannes-film-festival/): Bonjour! Recently, Possinger Law Group made an appearance at both the Cannes film festival and the affiliated Marché du Film.... - [Court of Appeals Rules in Favor of Activist Route Consultant and Against FedEx Ground](https://www.possingerlaw.com/court-of-appeals-rules-in-favor-of-activist-route-consultant-and-against-fedex-ground/): On April 1, 2024, the Court of Appeals for the Sixth Circuit affirmed the District Court’s ruling, denying FedEx Ground’s... - [MJ Management Wins Major Victory in Homestead Golf Course Lawsuit](https://www.possingerlaw.com/mj-management-wins-major-victory-in-homestead-golf-course-lawsuit/): BELLINGHAM, WASHINGTON On Thursday, March 21, 2024, Whatcom County Superior Court Judge, David Freeman, entered a decision in the case... - [NY FedEx Contractor Declares Second Bankruptcy in Seven Months](https://www.possingerlaw.com/court-of-appeals-rules-in-favor-of-activist-route-consultant-and-against-fedex-ground-2/): CBS Trucking Inc. , of Newburgh, NY, filed a Chapter 11 Petition in U. S. Bankruptcy Court, Poughkeepsie on February... - [MJ Management Seeks Defendant Class Action Counterclaim in Ongoing Homestead Community Litigation](https://www.possingerlaw.com/mj-management-seeks-defendant-class-action-counterclaim-in-ongoing-homestead-community-litigation/): BELLINGHAM, WASHINGTON A major change is expected in the Homestead Farms Golf Course litigation, should a recent filing in the... - [LIVE: Homestead Golf Course Litigation Homepage](https://www.possingerlaw.com/live-homestead-golf-course-litigation-homepage/): A website for the Homestead golf course litigation has gone live! Readers can visit and share the website (at www.... - [Possinger Law Group Appears in Contentious Homestead Golf Course Litigation](https://www.possingerlaw.com/possinger-law-group-appears-in-contentious-homestead-golf-course-litigation/): BELLINGHAM, WASHINGTON Litigation surrounding the Homestead Farms Golf Course and over 600 of the homeowners of this exclusive neighborhood in... - [Lawyer Stories Feature: Navigating the Seas of Justice](https://www.possingerlaw.com/lawyer-stories-feature-navigating-the-seas-of-justice/): Possinger Law Group is proud to have been featured again by Lawyer Stories! Our article, “Navigating the Seas of Justice:... - [Navigating the Seas of Justice: Overcoming Liability Waivers for Lawsuits in Maritime Accidents in the Wake of the OceanGate Tragedy](https://www.possingerlaw.com/navigating-the-seas-of-justice-overcoming-liability-waivers-for-lawsuits-in-maritime-accidents-in-the-wake-of-the-oceangate-tragedy/): Navigating the legal landscape of maritime accidents can be a complex and challenging task. One of the most common obstacles... - [Possinger Law Group Files Suit Against Medical Staffing Agency Actriv Healthcare](https://www.possingerlaw.com/possinger-law-group-files-suit-against-medical-staffing-agency-actriv-healthcare/): SEATTLE, WASHINGTON Alleging a pattern of overbilling for temporary healthcare medical staffing services during the COVID-19 pandemic, Possinger Law Group... - [Possinger Law Group Featured on Lawyer Stories](https://www.possingerlaw.com/possinger-law-group-featured-on-lawyer-stories/): Jeffrey Possinger, our firm’s founder and managing member, was recently invited to speak on the Lawyer Stories podcast! While speaking... - [Miska the Cat Secures $125,000 Settlement from Bellevue, King County](https://www.possingerlaw.com/miska-the-cat-secures-125000-settlement-from-bellevue-king-county/): SEATTLE, WASHINGTON After years of litigation, Possinger Law Group and the Law Offices of Jon M. Zimmerman are pleased to... - [Judge Rules that City of Bellevue Remains Vicariously Liable in Danieli v. King County, et al.](https://www.possingerlaw.com/judge-rules-that-city-of-bellevue-remains-vicariously-liable-in-danieli-v-king-county-et-al/): In another major win for their client, the legal team for Anna Danieli has successfully argued that Bellevue’s agreement with... - [20th Anniversary Reflections with Attorney Jeffrey Possinger](https://www.possingerlaw.com/20th-anniversary-reflections-with-attorney-jeffrey-possinger/): Lawyers can be some of the most impactful individuals that people invite into their lives. These professionals are much more... - [Article: “Maybe a Guy Like You Could Never Work for a Firm Like Ours”](https://www.possingerlaw.com/article-maybe-a-guy-like-you-could-never-work-for-a-firm-like-ours/): 2021 marked the 20th anniversary of Possinger Law Group’s founding. Our law firm and certain members of our community have... - [Artist Feature with Dan Cautrell](https://www.possingerlaw.com/artist-feature-with-dan-cautrell/): Our firm is proud of our regional, national, and international reach, but just as important to Possinger Law Group and... - [Data Privacy Update: Deadline to Adopt New Standard Contractual Clauses is Approaching](https://www.possingerlaw.com/data-privacy-update-deadline-to-adopt-new-standard-contractual-clauses-is-approaching/): Ever since the July 2020 ruling by the Court of Justice of the EU in Schrems II, which invalidated the EU-U.... - [Federal Judge Remands Danieli Case to State Superior Court](https://www.possingerlaw.com/federal-judge-remands-danieli-case-to-state-superior-court/): Ruling brings some clarity to Miska the Cat’s ongoing case, but the impact of King County’s incorrect action remains. TACOMA,... - [Danieli Seeks Court Sanctions Against Government Defendants](https://www.possingerlaw.com/danieli-seeks-court-sanctions-against-government-defendants/): Attorneys for Danieli Claim that the King County Defendant’s Notice of Removal was Legally Baseless, and that the Federal Court... - [Danieli Legal Team Welcomes Marla Zink as Appellate Counsel](https://www.possingerlaw.com/danieli-legal-team-welcomes-marla-zink-as-appellate-counsel/): SEATTLE, WASHINGTON Since obtaining a declaratory judgment with injunctive relief and prevailing in Pierce County Superior Court against their government... - [King County Takes Miska the Tabby Cat to Federal Court](https://www.possingerlaw.com/king-county-takes-miska-the-tabby-cat-to-federal-court/): King County files Notice of Removal in Federal Court, which Danieli’s Attorneys Claim is Premature and Frivolous. TACOMA, WASHINGTON On... - [Danieli asks Court to Add Civil Rights Violations](https://www.possingerlaw.com/danieli-asks-court-to-add-civil-rights-violations/): Based on information uncovered in litigation, Plaintiff is now seeking approval of the Court to add claims to her original... - [City of Bellevue Updates Law in Response to Judge’s Order](https://www.possingerlaw.com/city-of-bellevue-updates-law-in-response-to-judges-order/): In response to the court’s order in Danieli v. King County, the City of Bellevue updates and corrects the Bellevue... - [Court Enters Order Against Government Defendants](https://www.possingerlaw.com/court-enters-order-against-government-defendants/): Court Rules Bellevue City Code Invalid. King County Hearing Examiner enjoined from hearing any further Animal Control Cases until City... - [Big Win in Court Case for Miska the Tabby Cat](https://www.possingerlaw.com/big-win-in-court-case-for-miska-the-tabby-cat/): Judge finds City of Bellevue had failed to properly update the Bellevue City Code in 2016. TACOMA, WASHINGTON Miska and... - [Miska the Tabby Cat Headed for Day in Court](https://www.possingerlaw.com/miska-the-tabby-cat-is-headed-for-her-day-in-court/): Lawyers seek a court ruling to find the City of Bellevue’s City Code to be invalid for Animal Control Cases... - [New Opening Conditions Create Potential Data Breach Liabilities for Business Owners](https://www.possingerlaw.com/new-restaurant-opening-conditions-create-potential-data-breach-liabilities-for-business-owners/): On May 12, 2020, Governor Jay Inslee approved several Washington counties to move to Phase 2 of the Four-Phase Plan... - ["Stay Home, Stay Healthy" Order Issued to Combat COVID-19 in Washington State](https://www.possingerlaw.com/stay-home-stay-healthy-order-issued-to-combat-covid-19/): On March 23, 2020, Governor Jay Inslee issued a “Stay Home, Stay Healthy” Order, a proclamation that functions as part... - [Responding to the COVID-19 Pandemic for Washington Businesses](https://www.possingerlaw.com/responding-to-the-covid-19-pandemic-for-washington-businesses/): At the time of this article’s release, it is clear that the Novel Coronavirus (COVID-19) pandemic is having and will... - [Interim Advice to Washington Business Owners in the face of the COVID-19 Pandemic](https://www.possingerlaw.com/interim-advice-to-washington-business-owners-in-the-face-of-the-novel-coronavirus-covid-19-pandemic/): In just a short period, Washington State has become an epicenter of the COVID-19 pandemic in the United States. Responding... - [Governor Inslee Issues COVID-19 Proclamation](https://www.possingerlaw.com/governor-inslee-issues-covid-19-proclamation/): King, Pierce, and Snohomish Counties are under state-of-emergency restrictions until March 31, 2020. In response to the outbreak of the... - [30-Second Consult: Before You Send That Email](https://www.possingerlaw.com/30-second-consult-before-you-send-that-email/): Email and texting make it easy to send quick responses. That reality is a double-edged sword. In emotionally-charged moments, it... - [Possinger Law Group Obtains Preliminary Injunction for Client](https://www.possingerlaw.com/possinger-law-group-obtains-preliminary-injunction-for-client/): On February 12th, 2020, King County Superior Court Judge Suzanne Parisien entered a Preliminary Injunction in the case of One... - [The Michael Avenatti Extortion Case](https://www.possingerlaw.com/michael-avenatti-extortion-case-and-when-does-a-lawyers-demand-letter-become-extortion-in-washington/): When Does a Lawyer’s Demand Letter Become Extortion in Washington? The recent news involving the arrest and criminal charges against... - [Possinger Law Group is Expanding](https://www.possingerlaw.com/were-expanding/): Possinger Law Group is excited to announce that our office is relocating from its previous location, into the new View... - [Attorney Jeffrey Possinger Awarded Martindale-Hubble AV Preeminent Peer Rating](https://www.possingerlaw.com/jeffrey-possinger-receives-martindale-hubble-av-rating/): Possinger Law Group, PLLC is pleased to announce that Managing Member, Jeffrey Possinger was awarded a Martindale-Hubbell AV Preeminent Peer... - [Back to School: Should your college student have a Power of Attorney?](https://www.possingerlaw.com/back-school-college-student-power-attorney/): As colleges and universities begin classes in the fall, students are leaving home and headed for campus. Sometimes that campus... - [What to expect during my first legal consultation](https://www.possingerlaw.com/expect-first-legal-consultation/): When a problem arises, searching for a lawyer can be nerve-wracking. In addition to questions about legal options, individuals might... - [5 Signs of a Good Lawyer](https://www.possingerlaw.com/5-signs-good-lawyer/): With so many lawyers and firms in the world today, how do you know if you’ve chosen the right one?... - [WASHINGTON STATE SUPREME COURT EXPANDS SCOPE OF WASHINGTON'S LAW AGAINST DISCRIMINATION (WLAD)](https://www.possingerlaw.com/washington-state-supreme-court-expands-scope-washingtons-law-discrimination-wlad/): In a decision issued today (05-22-2014), the Washington Supreme Court expanded the coverage of Washington’s Law Against Discrimination (WLAD) Chapter 49. 60... - [HAS COMCAST BECOME THE LATEST TARGET?: LATEST DATA BREACH POSES COMMUNICATIONS CHALLENGES FOR COMMUNICATIONS GIANT](https://www.possingerlaw.com/comcast-become-latest-target-latest-data-breach-poses-communications-challenges-communications-giant/): No matter how this data security breach story develops, if you are a Comcast customer, you should probably change your... - [Excellent Article on Entrepreneurial Stress](https://www.possingerlaw.com/excellent-article-entrepreneurial-stress/): In a recent article appearing in “Inc. ”, titled “The Psychological Price of Entrepreneurship” author Jessica Bruder discusses some of... - [MOVING TARGET: DATA BREACH NOTIFICATION IN PRACTICE](https://www.possingerlaw.com/moving-target-data-breach-notification-practice/): The recent Target (and now Neiman-Marcus) data security breach provides a clear illustration of the challenges faced by businesses that... --- # # Detailed Content ## Pages --- ## Posts - Published: 2026-03-23 - Modified: 2026-03-28 - URL: https://www.possingerlaw.com/court-decision-settles-outstanding-issues-in-mj-managements-favor/ - Categories: News On March 18, 2026, the court entered an order granting MJ Management's Motion for Summary Judgment in the case of MJ Management v. Kelly, (Whatcom Count Sup. Ct. No. 25-2-02688-37). The decision entered by Judge Jennifer Slattery, both granted MJ Management’s request for a judgment requiring payment of unpaid Joint Maintenance Fees by the Defendant but also resolved a number of legal questions that remained unanswered by the court over the last few years. The decision established MJ Management’s right to collect unpaid Joint Maintenance Fees during the time that MJ Management operated at Homestead under its Management and Lease Agreement, as well as its right to attorney’s fees and costs. Equally important was the court’s sound rejection of various defenses that had been raised by Kelly’s legal counsel, which had been communicated to Homestead homeowners in the months following the decision in years-long Hillius v. 18 Paradise litigation. A copy of the Motion can be found at the bottom of this article. The Defendant, Kelly, was represented by attorneys Matthew Davis and K. David Andersson, the same attorneys that had represented class members in the Hillius litigation. For over a year since the entry of final orders in that case, several of the class representatives and their counsel had raised objections to MJ Management’s right to collect unpaid Joint Maintenance Fees and continued to encourage homeowners to refuse to pay the amounts they owned. The Court’s decision in MJ Management v. Kelly soundly rejected these arguments and clears the... --- - Published: 2026-01-02 - Modified: 2026-02-16 - URL: https://www.possingerlaw.com/possinger-law-group-files-class-action/ - Categories: News, Tumble Creek On October 30, 2025, Penny Gutschmidt, a former resident of Tumble Creek, filed suit in Kittitas County Superior Court against Tumble Creek Club, LLC and others alleging among other things that that Tumble Creek’s Membership Agreement violates Washington’s Consumer Protection Act, Ch. 19. 86 RCW. In addition to her own personal claims against Tumble Creek Club, Gutschmidt’s Complaint alleges that she is only one of many affected by the Membership Agreement and seeks to certify a class action on behalf of other members of the Tumble Creek Club. The court has not yet certified any class nor determined whether the case can move forward as a class action. Gutschmidt, who moved out of State and resigned her membership nearly two years ago, remains for all practical purposes a member of the club and continues to be charged membership dues and still has not had her membership deposit returned. The Complaint alleges among other things that Tumble Creek’s Membership Agreement as currently in place makes it practically impossible for a member to actually ever leave the club, to stop being charged monthly dues, or to have their membership deposit returned, a deposit that can be as much as $60,000. Under the terms of the Membership Agreement, Tumble Creek can hold onto a person’s membership deposit for 30 years or more, as further detailed in the Complaint. Taking a line from Hotel California, the Complaint begins with: ““‘Relax,’ said the night man, ‘We are programmed to receive. You can check out any... --- - Published: 2025-10-10 - Modified: 2025-09-09 - URL: https://www.possingerlaw.com/civil-rico-and-the-growing-use-of-treble-damages-in-business-disputes/ - Categories: News The ability to recover treble damages is one of the most significant incentives for plaintiffs to file a Civil RICO lawsuit. Under Civil RICO, plaintiffs can recover three times the amount of actual damages if they can prove that their business or property was harmed by a pattern of racketeering activity. This provision has made Civil RICO an attractive option in many business-related disputes, where the prospect of tripled damages can dramatically alter the stakes. This article explores the use of treble damages in Civil RICO cases and the impact they have on litigation strategy and outcomes. Treble Damages: An Overview Treble damages are a form of punitive damages that aim to deter illegal conduct by increasing the financial penalties for defendants found liable under the law. Under 18 U. S. C. § 1964(c), Civil RICO allows plaintiffs to recover three times their actual damages, plus attorney’s fees. The statute does not require any showing of malice or intent to justify treble damages; once a plaintiff proves their case, treble damages are automatic. In business disputes, the prospect of treble damages can be a powerful tool for plaintiffs, particularly in cases involving financial fraud or corporate misconduct. For instance, if a plaintiff suffers $1 million in damages due to a fraudulent scheme, a successful Civil RICO claim could result in a $3 million recovery, significantly increasing the potential liability for the defendant. Treble Damages as a Litigation Strategy The availability of treble damages under Civil RICO can shape litigation strategy... --- - Published: 2025-09-26 - Modified: 2025-09-09 - URL: https://www.possingerlaw.com/the-challenges-of-proving-a-pattern-of-racketeering-in-civil-rico-cases/ - Categories: News One of the most difficult aspects of pursuing a Civil RICO case is proving that the defendant engaged in a “pattern of racketeering activity. ” While Civil RICO provides plaintiffs with the opportunity to seek treble damages and attorney’s fees for harms caused by racketeering, establishing the necessary elements—particularly the pattern requirement—can be a significant hurdle. This article examines the concept of a "pattern" in Civil RICO litigation, the legal standards involved, and the challenges plaintiffs face in meeting this requirement. What Constitutes a Pattern of Racketeering? Under Civil RICO, a plaintiff must show that the defendant engaged in at least two predicate acts of racketeering activity within a 10-year period. However, merely committing two predicate acts is not sufficient to establish a pattern. Courts require that the predicate acts be related and amount to or pose a threat of continued criminal activity. The U. S. Supreme Court clarified this requirement in H. J. Inc. v. Northwestern Bell Telephone Co. (1989), ruling that a "pattern" of racketeering activity requires both relatedness and continuity. Relatedness means that the predicate acts must have a similar purpose, result, victim, or method of commission. Continuity can be established in two ways: Closed-ended continuity, where the racketeering acts occurred over a substantial period of time. Open-ended continuity, where the acts pose a threat of continuing criminal conduct into the future. Challenges in Proving a Pattern One of the primary challenges plaintiffs face is proving continuity, particularly in cases involving white-collar crime or corporate disputes. Courts... --- - Published: 2025-09-12 - Modified: 2025-09-09 - URL: https://www.possingerlaw.com/the-expanding-scope-of-civil-rico-beyond-organized-crime/ - Categories: News Originally designed to combat traditional organized crime, the Racketeer Influenced and Corrupt Organizations Act (RICO) has evolved significantly since its enactment in 1970. While the statute was intended to target the Mafia and other criminal syndicates, the broad language of Civil RICO has made it applicable to a wide array of legal contexts, including business disputes, corporate fraud, and political corruption. This article will explore how Civil RICO has expanded beyond its initial scope and the implications of this shift for businesses, individuals, and the legal system. The Original Purpose of RICO The U. S. Congress passed the RICO Act as part of the Organized Crime Control Act of 1970. Its primary goal was to dismantle criminal organizations by attacking their financial and organizational structures. RICO allowed federal prosecutors to charge individuals involved in racketeering activities as part of an “enterprise,” giving them the power to target entire criminal organizations, rather than just individuals committing isolated crimes. The statute provides for both criminal penalties and civil remedies. Under Civil RICO, private plaintiffs can sue individuals or entities who have engaged in a "pattern of racketeering" if they have suffered injury to their business or property. The possibility of recovering treble damages and attorney’s fees has made Civil RICO an attractive option for plaintiffs. Expansion into White-Collar and Corporate Crime Over time, Civil RICO has been increasingly applied to non-traditional criminal contexts, particularly in the realm of white-collar crime. Courts have allowed the use of Civil RICO to address financial fraud,... --- - Published: 2025-08-05 - Modified: 2025-08-05 - URL: https://www.possingerlaw.com/settlement-strategies-in-complex-litigation-challenges-and-best-practices/ - Categories: News Settlement is a common resolution in complex litigation, often preferred over the time, expense, and unpredictability of a trial. However, the complexities inherent in these cases — from multi-party negotiations to regulatory oversight — make settlement a challenging endeavor. In this article, we explore the key challenges in settlement negotiations in complex litigation and offer best practices for crafting successful settlements. The Complexity of Settlement Negotiations Settlement in complex litigation involves more than simply reaching an agreement between two parties. It typically requires addressing a range of issues that are unique to the case type and the number of parties involved. Here are a few factors that contribute to the complexity of settlement negotiations: Multi-Party Settlements: Many complex cases, such as class actions or multi-district litigation, involve numerous plaintiffs and defendants. Settlements must account for the interests of all parties, including different levels of responsibility, risk tolerance, and desired outcomes. Regulatory Considerations: In certain cases, particularly those involving antitrust, securities, or environmental laws, settlements may require regulatory approval. Government agencies may impose specific conditions on settlements to ensure compliance with legal standards, or they may intervene to protect public interest. Complexity in Settlement Structure: Settlements in complex cases often go beyond simple financial compensation. They may include injunctive relief, ongoing monitoring, confidentiality provisions, or other non-monetary terms. These multi-layered agreements can take months, if not years, to negotiate and finalize. Challenges in Crafting Effective Settlements Settling a complex case is rarely straightforward, and numerous challenges can arise in the process.... --- - Published: 2025-07-20 - Modified: 2025-07-23 - URL: https://www.possingerlaw.com/court-orders-release-of-funds-from-court-registry-for-previous-homestead-homeowners/ - Categories: News Homestead homeowners that had previously deposited funds in the Whatcom County Court Registry as part of the Hillius v. 18 Paradise, et al. litigation now have a mechanism to receive the return of their funds. “This is a very good outcome for the former class members. ” Stated attorney Jeffrey Possinger, attorney for MJ Management, in response to the Court’s order. “This process will ensure that monies owing will get to the right people with the proper level of court oversight. ” On July 15, 2025, Judge David Freeman entered an Order on the Release of Funds, and clarifying the rights of previous homeowners who had made deposits to the Whatcom County Superior Court Registry pursuant to earlier orders entered in the case. Neither 18 Paradise nor MJ Management contested the right of these homeowners to have the return of these funds following the Court’s decision in July 2024. The Court's Order in relevant part states: The Whatcom County Superior Court Clerk is authorized to release the funds contained in the registry to the individuals listed as former owners in documentation provided by the title company. The Plaintiff’s counsel are to provide any additional information that they have that will assist the Clerk in determining the current contact information for those individuals identified in the registry. The Order (which can be viewed here), lists the names and credit balances on record with the Court Clerk, and set out that with proper documentation the Clerk is to release these funds to... --- - Published: 2025-05-09 - Modified: 2025-05-09 - URL: https://www.possingerlaw.com/trumps-proposal-for-100-tariff-on-foreign-films-legal-challenges-and-industry-impact/ - Categories: News On Sunday, May 4, 2025, President Donald Trump announced through a Truth Social post that he intends to impose a “100% tariff on foreign produced films. ” Citing a number of reasons, including the state of decline of the filmmaking industry in the United States as well as his intention to curb what he says is (propaganda). Filmmaking as a storytelling medium is by its very nature an international business, with film production occurring in locations across the globe. The production and distribution of a film involves a host of different components from start to finish, and the very nature of modern film production and distribution involves teams spread across the globe, particularly in a digitized world. Legal Framework for Tariffs in the United States With this backdrop, the first question is this: How would such a tariff regime even work under current U. S. law? As the starting point of any discussion, a tariff is a tax. In the U. S. tariffs and the ability to impose them arise under Congress’s constitutional authority under Article I, Section 8 to levy taxes and regulate foreign commerce. Some of this authority has been partially delegated to the President through various statutes, including the Trade Expansion Act of 1962 and Trade Act of 1974, and the International Emergency Economic Powers Act (the “IEEPA”). The administration of tariff enforcement is handled by the U. S. Customs and Border Protection (CPB), which uses the Harmonized Tariff Schedule to guide the processing of goods imported... --- - Published: 2025-04-25 - Modified: 2025-04-24 - URL: https://www.possingerlaw.com/hillius-v-18-paradise-llp-court-denies-plaintiffs-post-trial-motions-in-monday-hearing/ - Categories: News Following a hearing on Monday, April 21, 2025, Judge David Freeman denied Plaintiffs’ Petition for Further Relief as well as an earlier Motion for Release of Funds that had been pending for a few weeks. These decisions add to the losses sustained by the Plaintiffs in this case following the recent denial by the Supreme Court to take up the Plaintiffs’ case for Direct Review. At the hearing, counsel for 18 Paradise, MJ Management, and a representative for the Intervenors asked the court to bring this case to an end and to stop the continued filing of Post Trial Motions by the Plaintiffs. Bringing this case to an end in the trial court and giving the community the ability to start to heal was one of the arguments made by attorney, Ian Ducey, representing MJ Management at the hearing, and was a common theme among the other voices seeking denial of the Plaintiffs’ most recently filed post trial motion. The Court indicated that it was working with the Clerk’s Office to make arrangements for those former Homestead homeowners, who had been ordered to deposit funds into the Registry of the Court, to be able to withdraw their money. The Plaintiffs’ earlier motion to have the Court send this money to Plaintiffs’ Counsel to supervise and distribute was denied. “With the denial of these two motions, we are hopeful that this is another step towards closure in this case,” said attorney Jeffrey Possinger, who represented MJ Management at trial. The Plaintiffs’... --- - Published: 2025-04-04 - Modified: 2025-04-04 - URL: https://www.possingerlaw.com/hillius-v-18-paradise-llp-supreme-court-rejects-plaintiffs-request-for-direct-review/ - Categories: News On April 2, 2025, the Washington State Supreme Court entered its order, rejecting the Plaintiff’s request for Direct Review with the State’s highest court. The one-page order, signed by Chief Justice, Steven Gonzalez, ordered the case to be transferred to Division I Court of Appeals. The Plaintiffs had primarily sought Direct Review by the Supreme Court of the trial court’s dismissal of the Plaintiffs’ Consumer Protection Act (“CPA”) claim, which had to that point been the heart of the Plaintiffs’ case against various defendants, in a case that had languished in Whatcom County Superior Court for nearly 5 years. Despite this attempt, the Plaintiffs arguments were unpersuasive, and the Supreme Court sided with the City of Lynden and MJ Management’s arguments that these issues should be heard by the Court of Appeals instead. MJ Management had sought to have the entire case dismissed because of continued missed deadlines by Plaintiffs’ Counsel, but the Supreme Court decided to not dismiss the case in its entirety. “This was a significant decision by the court today, but for all practical matters, the Plaintiffs' appeal has only just begun,” stated Jeffrey Possinger, who represented MJ Management at trial. “The Plaintiffs have essentially appealed every order that was entered in this case, and based on that, we expect their briefing to be massive” said Possinger. These issues related to late court filings, and the Plaintiffs’ and their counsels’ failure to timely file their appeal of the Judgement for attorneys’ fees will likely be raised again... --- - Published: 2025-03-13 - Modified: 2025-03-13 - URL: https://www.possingerlaw.com/hillius-v-18-paradise-llp-awaiting-decision-on-motion-to-dismiss-in-washington-state-supreme-court/ - Categories: News Following nearly 5 years of litigation in Whatcom County Superior Court and a trial in May 2024, the Hillius v. 18 Paradise, LLP case is now in front of the Washington State Supreme Court. Plaintiffs filed a notice of appeal to the State’s highest court in October 2024 and have further requested Direct Review, seeking to bypass the Court of Appeals to have the court review a slew of the trial court’s decisions on various grounds. Yet, the primary decision for which the Plaintiffs are seeking review is the trial court’s dismissal of the Plaintiffs’ Consumer Protection Act (“CPA”) claim against 18 Paradise and MJ Management on March 21, 2024 (see document 1 below) in addition to the trial court’s order of March 29, 2024, dismissing William “Mick” O’Bryan and Josh Williams from the case (see document 1 below). In the lead up to the trial, the CPA claim had been the heart of the Plaintiffs’ class action suit. After this loss, the Plaintiffs sought CR 54(b) certification of this decision on April 4, 2024 so that they could seek an immediate appeal (see document 1 below). Without the CPA claim, the trial went forward in May 2024, but the Plaintiffs did not file an appeal on their certified court decision. After filing their Notice of Appeal, but before filing their Statement of Grounds for Direct Review, MJ Management filed a Motion to Dismiss Plaintiffs’ appeal on the basis that the Statement of Grounds had been filed late (nearly 2... --- - Published: 2025-03-01 - Modified: 2025-03-13 - URL: https://www.possingerlaw.com/mj-management-continues-collection-efforts-post-hillius/ - Categories: News Following the trial court’s Final Orders entered on September 11, 2024, which determined that the correct amount of the Homestead Joint Maintenance Fee was $36. 00 per homeowner per month, the court authorized both 18 Paradise and MJ Management to communicate with homeowners. Consistent with the court's final orders, MJ Management began efforts in early 2025 to settle accounts with Homestead homeowners who still had outstanding balances owed to the company during the period it operated under its Management and Lease Agreement with 18 Paradise. MJ Management engaged Possinger Law Group to assist with collecting these amounts due. Beginning in January, MJ Management (through Possinger Law Group) sent out notices for payment to these homeowners to settle their accounts. Fortunately, this process has moved forward smoothly, with a significant number of homeowners either paying the amounts still owing or otherwise settling their accounts with MJ Management. There have been some homeowners that have refused to pay the amounts owing. For those homeowners that have stated their refusal to pay, MJ Management authorized Possinger Law Group to initiate collection actions. The first of these collection actions, MJ Management, LLC v. Hoag (WCSC# 25-2-00161-37) is currently moving forward in Whatcom County Superior Court. There has been some confusion created within the community by those actively encouraging homeowners not to settle their accounts on the basis that they could end up paying double to both 18 Paradise and MJ Management. To resolve any remaining confusion, amounts owing to MJ Management only continue through... --- - Published: 2025-02-24 - Modified: 2025-02-18 - URL: https://www.possingerlaw.com/the-role-of-arbitration-in-international-commercial-disputes/ - Categories: News International commercial arbitration has become the preferred method for resolving cross-border business disputes, offering businesses a neutral and enforceable way to settle disputes across jurisdictions. As globalization continues to increase the number of cross-border transactions, understanding how arbitration works in this context is critical for companies engaged in international trade. Why Arbitration is Preferred in International Disputes International arbitration is often chosen over litigation for several key reasons, one of the most important being neutrality. In cross-border disputes, parties may come from different legal systems, and neither party wants to be at a disadvantage by litigating in the other’s home courts. Arbitration allows for the appointment of neutral arbitrators, and the parties can agree on a neutral forum and governing law. Another major advantage of international arbitration is the enforceability of awards. Arbitration awards are enforceable in more than 160 countries under the New York Convention, a multilateral treaty that facilitates the recognition and enforcement of foreign arbitration awards. This is a crucial benefit compared to court judgments, which may not be enforceable in certain jurisdictions. For businesses, knowing that a favorable award can be enforced globally provides a significant degree of security when entering cross-border agreements. Moreover, international arbitration offers a degree of expertise and flexibility that national courts may not provide. Arbitrators can be selected based on their knowledge of the industry or the specific legal issues at hand, which can lead to more informed and commercially reasonable decisions. Additionally, parties can customize the arbitration process, agreeing on... --- - Published: 2025-02-21 - Modified: 2025-02-18 - URL: https://www.possingerlaw.com/the-impact-of-mandatory-arbitration-clauses-in-commercial-agreements/ - Categories: News Mandatory arbitration clauses are a common feature of both modern commercial and consumer agreements, requiring that disputes be resolved through arbitration rather than litigation. While these clauses are often portrayed as a means of avoiding the delays and costs associated with the courts, they have generated significant debate regarding fairness, particularly when one party has a stronger bargaining position. This article explores the implications of mandatory arbitration in the commercial context and discusses recent efforts to regulate its use. Why Businesses Include Mandatory Arbitration Clauses Many businesses include mandatory arbitration clauses in their contracts to reduce the uncertainty and potential exposure that comes with litigation. For companies with frequent or high-value contracts, litigation can be unpredictable, both in terms of cost and outcome. By contrast, arbitration is often seen as a way to exert more control over the process. It provides a faster, more confidential, and generally less formal means of resolving disputes, depending on the nature of the likely disputes in question. One of the primary motivations for using mandatory arbitration clauses is the avoidance of class action lawsuits. These clauses often prevent parties from joining collective legal actions, forcing each claimant to arbitrate individually. For large corporations, especially in consumer or employment settings, this can dramatically reduce the potential liabilities associated with widespread legal claims. By limiting claims to individual arbitration, businesses reduce the financial risks and importantly the public scrutiny that comes with class actions. For businesses particularly, the ability to select arbitrators with relevant expertise can... --- - Published: 2025-02-18 - Modified: 2025-02-18 - URL: https://www.possingerlaw.com/the-rise-of-arbitration-in-commercial-contracts-pros-and-cons/ - Categories: News Arbitration has become an increasingly popular method of dispute resolution in commercial contracts, often included as a standard clause in agreements between businesses. Companies across industries, from construction to finance, have turned to arbitration to avoid the costs, delays, and unpredictability of litigation. However, while arbitration offers significant benefits, it also carries potential downsides that can impact both parties. The Benefits of Arbitration for Commercial Disputes One of the key reasons businesses choose arbitration is its efficiency. Unlike litigation, which can drag on for years due to court backlogs, procedural rules, and appeals, arbitration tends to be faster. Arbitration hearings can usually be scheduled sooner than court trials, and decisions, known as "awards," are typically issued promptly after the hearing concludes. This time-saving factor can be critical in commercial settings where time is money, and prolonged disputes could harm business operations. Cost is another significant advantage. While arbitration is not always cheaper than litigation, particularly in complex cases with multiple arbitrators or extensive proceedings, it often involves fewer procedural steps. Discovery, the pretrial process of gathering evidence, is typically limited, and the hearings are more streamlined. This reduction in procedural complexity can translate into savings on legal fees, particularly for parties with substantial litigation budgets. Confidentiality is another key benefit in arbitration. For businesses involved in sensitive matters, such as intellectual property disputes, internal management issues, or competitive commercial practices, arbitration’s private nature can be invaluable. Arbitration hearings and awards are not typically made public, unlike court decisions, which are... --- - Published: 2025-02-03 - Modified: 2025-02-03 - URL: https://www.possingerlaw.com/how-recent-u-s-tariffs-impact-your-cross-border-contracts-key-clauses-to-review/ - Categories: Articles, Business Law, International, Legal Alerts, Transportation On Saturday, February 1, 2025, President Trump imposed significant tariffs on Canada, Mexico, and China, which go into effect on February 4, 2025, at 12:01 AM. In response there has been concern from a number of clients, partners and colleagues about the practical effects of the tariffs on the economy between the U. S. ’s largest trading partners and the related business relationships with companies doing business with these countries. Pursuant to the International Emergency Economic Powers Act (50 U. S. C. 1701, et seq. ) (IEEPA), the National Emergencies Act (50 U. S. C. 1610, et seq. ) (NEA), Section 604 of the Trade act of 1974, as amended (19 U. S. C. 2483), et al. , the executive orders impose a 25 percent tariff on imports from Mexico and Canada, as well as a 10 percent tariff on Chinese goods. Canadian energy imports will be tariffed at 10 percent. With the larger geopolitical and policy issues notwithstanding, we are advising clients with cross-border contracts to be reviewing their contracts immediately in light of these changes to essential to safeguard their interests and ensuring continued profitability. These tariffs are likely to increase costs, disrupt supply chains, and create uncertainties that may not be accounted for in existing contracts. Some of the areas that business owners should be reviewing right now fall into the following categories: Pricing Structures. One of the primary concerns is how tariffs impact pricing structures. If your contract is based on fixed pricing, rising costs (inflation... --- - Published: 2024-12-30 - Modified: 2024-12-30 - URL: https://www.possingerlaw.com/what-jeffreys-been-reading-tyranny-inc/ - Categories: News At the beginning of this year, I started reading Tyranny, Inc. by Sohrab Ahmari, where he offers a compelling critique of modern corporatism, particularly the way corporate power has become deeply entrenched in our daily lives. At the beginning of this year, I started reading Tyranny, Inc. by Sohrab Ahmari, where he offers a compelling critique of modern corporatism, particularly the way corporate power has become deeply entrenched in our daily lives. As a business lawyer, I found Ahmari’s work both thought-provoking, and validating as he sheds light on how, beneath the surface of free markets and voluntary exchanges, corporate forces often exert control in ways that resemble tyranny, something that I see in my law practice on a regular basis. Ahmari’s central thesis is that free market capitalism has been taken over by corporatism, which has evolved into a system that enables powerful corporations to manipulate labor markets, consumers, and even government regulations to their advantage. He emphasizes that many workers experience a lack of true freedom within the workplace, where their economic vulnerability is exploited. In examples that deeply resonated with me, Ahmari discusses how non-compete clauses, excessive NDAs, and other legal frameworks create a scenario where workers are systematically disempowered. As someone who represents small business owners and other contractors, I found his analysis on the legal tools corporations use to gain an upper hand to be spot on as I have seen these tools used and misused as I have negotiated transactions and litigated these issues in court. In the book, he challenges the common belief that the market is a purely neutral force, showing how it often leads to a concentration of power that resembles tyranny, even if not state sponsored.... --- - Published: 2024-09-23 - Modified: 2024-09-26 - URL: https://www.possingerlaw.com/mj-management-motions-for-reconsideration/ - Categories: Articles On Friday, September 20, 2024, both MJ Management and the Plaintiffs filed Motions for Reconsideration of Judge David Freeman’s Findings of Fact and Conclusions of Law entered on September 11, 2024, in the much-contested Homestead Litigation (Hillius, et al. v. 18 Paradise, LP, et al. ). The Plaintiff’s Motion for Reconsideration addresses a wide range of topics where attorney Matthew Davis argues the court’s order was “inadequate and inappropriate,” and further goes on to say that the court’s decision was based on facts “not on (sic. ) evidence presented at trial. ” “any, if not most of those findings, lack any evidentiary basis from trial or are simply wrong,” argues attorney Davis in his brief to the court (see below). The 11-page Motion for Reconsideration argues that the court had reversed itself from its oral ruling at the July 3, 2024, hearing; because the court had “used to announce its decision in the case... ” and “chose to use the plaintiff's proposed findings as the basis for its oral decision... ” and now believes the plaintiffs are “entitled to an explanation. ” The court ultimately adopted the form of proposed findings of fact and conclusions of law, jointly submitted by MJ Management, 18 Paradise, and the Intervenors for its ultimate decision. In concluding its motion for reconsideration, attorney Davis challenges the court’s decision to terminate his and attorney K. David Andersson’s representation of the class members with the entry of the orders. In contrast, the Motion for Reconsideration filed by... --- - Published: 2024-09-13 - Modified: 2024-09-26 - URL: https://www.possingerlaw.com/court-enters-final-orders-homestead/ - Categories: Articles On Tuesday, September 11, 2024, Judge David Freeman entered his final decision in Homestead Litigation (Hillius, et al. v. 18 Paradise, LP, et al. ) The much-awaited Findings of Fact and Conclusions of Law, which were presented by the parties on July 26, 2024, were issued by the court. A copy of the court’s final orders is attached below. At the conclusion of the July 26, 2024, hearing, court adopted the form of the orders jointly presented by MJ Management, 18 Paradise, and the Intervenors; but the 19-page final orders addressed various issues that had been raised at the presentment hearing and clarified Judge Freeman’s earlier rulings from the bench on July 3, 2024. Much of what was contained in the final orders was what was expected by the parties, but the court addressed with more clarity several issues that will have a direct impact on the Homestead community and some parts of the case moving forward. Some of the key takeaways from the court’s decision:  The Court found “... that the HOA incorporated by filed with the Washington Secretary of State by Plaintiff’s lawyer, K. David Andersson, and currently governed by Tom Staehr is invalid and defunct. ”  Plaintiff’s claim for declaratory relief is granted as follows: the Sixth and Seventh Amendments to the Master Declaration are void ab initio.   18 Paradise’s claim for declaratory relief is granted as follows: The Joint Maintenance Fee is restricted only by the timing and increase restrictions set forth in Section 3.... --- - Published: 2024-08-12 - Modified: 2024-08-16 - URL: https://www.possingerlaw.com/court-enters-judgement-for-attorneys-fees-against-plaintiffs-and-plaintiffs-counsel/ - Categories: Articles On Friday, August 9, 2024, Judge David Freeman entered judgment for MJ Management against the plaintiffs and their counsel on an unpaid order for attorney’s fees and costs that had been previously entered in June 2024 but remained unpaid. Following a hearing on the issue, the court entered a judgment in the amount of $24,634. 50. The underlying basis for the award of fees related to MJ Management being the prevailing party in a Motion for a Temporary Restraining Order (TRO) and Preliminary Injunctive Relief. At the hearing the court denied plaintiff’s motion for reconsideration they had previously filed in response to the order to pay MJ Management’s attorney fees. Plaintiff’s counsel indicated that they intend to appeal. Earlier, Defendant, 18 Paradise sought entry of judgment for the court’s orders awarding 18 Paradise its attorney fees in the amount of $17,816. 50 related to the same motions seeking injunctive relief against plaintiffs and their counsel. The parties continue to wait for the court to issue its final findings and order addressing the court’s final decisions on the case, following a two-week trial in May 2024. Readers can find additional information, updates, and insights at the Homestead case website. For media questions, interviews, or any other needs, please contact media@possingerlaw. com. --- - Published: 2024-08-09 - Modified: 2024-08-16 - URL: https://www.possingerlaw.com/jeffrey-possinger-to-serve-as-faculty-at-nita-deposition-skills-program/ - Categories: Articles Possinger Law Group attorney and founder Jeffrey Possinger will be serving as Faculty for The National Institute for Trial Advocacy (NITA) 2024 Deposition Skills conference, scheduled to be held at Seattle University School of Law on August 12th-13th, 2024. At the event, attendees will learn how to defend a deposition, prepare witnesses, handle opposing counsel, set up or defeat summary judgment, and utilize the deposition for testing case theories. With over two decades of experience in litigation, including complex high-stakes litigation matters, this is an opportunity for Possinger Law Group to make a positive impact on the level of professionalism in the legal community. “I am excited about this opportunity to give back,” says Jeffrey Possinger, in discussing his role of being on faculty this year for the program. “Considering that this program is being held at my alma mater, it makes participation even more meaningful. ” --- - Published: 2024-07-29 - Modified: 2024-08-16 - URL: https://www.possingerlaw.com/court-hearing-held-on-presentation-of-final-orders-in-homestead-litigation/ - Categories: News On Friday, July 26, 2024, the parties in the Homestead Litigation (Hillius, et al. v. 18 Paradise, LP, et al) appeared before Judge David Freeman to present proposed findings and orders with respect to the court’s final orders in a case that has been ongoing since 2020. Judge Freeman had issued an oral ruling at a hearing on July 3, 2024, following a two-week trial in May 2024, and the parties returned to court to present proposed orders. After nearly two hours of argument between the various parties regarding the contents of the proposed orders, the court indicated that it would be using the proposed orders jointly provided by MJ Management, 18 Paradise, and the Intervenors as the framework for the court’s final written orders. The court indicated during the hearing that it would need to address various issues raised by the parties during the hearing and would be issuing a final written decision that would articulate the court’s final decision on the various issues that had been presented at trial. Readers can find additional information, updates, and insights at the Homestead case website. For media questions, interviews, or any other needs, please contact media@possingerlaw. com. --- - Published: 2024-07-05 - Modified: 2024-08-16 - URL: https://www.possingerlaw.com/judge-issues-key-ruling-in-homestead-case/ - Categories: News Following a two-week trial in May, Whatcom County Superior Judge David Freeman rendered an oral ruling in the Hillius v. 18 Paradise, LLP on July 3, 2024. The decision comes at the end of a hard-fought legal battle that has embroiled the Homestead Farms community in Lynden, Washington for nearly 4 years. The judge’s decision addressed numerous claims and counterclaims of the various parties, including the decision to invalidate certain decision made by MJ Management, LLC the management company that provided management and maintenance services to the homeowners at Homestead. At the time of his oral ruling, the judge recognized that there would likely be continued litigation following his decision. Despite the wide-ranging issues addressed in the ruling, there remain several issues unresolved by the decision, including the formation of an HOA, which the Plaintiffs had sought. In particular, the decision to invalidate the increase in joint maintenance fees that were to fund years of deferred maintenance will likely have a significant impact on the Homestead community. MJ Management is currently evaluating its options with respect to an appeal of the decision. A hearing is scheduled for Friday, July 25, 2024 at 2:30 PM for entry of final orders in connection with the trial, as well as entry of judgment on attorneys fees that are to be paid by the Plaintiffs and their counsel. Readers can find additional information, updates, and insights at the Homestead case website. For media questions, interviews, or any other needs, please contact media@possingerlaw. com. --- - Published: 2024-06-15 - Modified: 2025-05-13 - URL: https://www.possingerlaw.com/possinger-law-group-at-cannes-film-festival/ - Categories: Articles Bonjour! Recently, Possinger Law Group made an appearance at both the Cannes film festival and the affiliated Marché du Film. While there, Managing Member Jeffrey Possinger met with industry professionals to discuss legal considerations in film production, contracts, and more. The Cannes Film Festival, established in 1946, stands as one of the most prestigious and glamorous cinematic events in the world. Held annually in the picturesque city of Cannes on the French Riviera, it has evolved from a post-war celebration of international cinema to a global platform for artistic expression, cultural exchange, and, of course, stunning red carpet fashion. Over the decades, Cannes has played a pivotal role in shaping the careers of filmmakers, actors, and writers, with its Palme d’Or prize becoming one of the most coveted awards in cinema. While the Cannes Film Festival is synonymous with red carpet glamour, high-profile premieres, and artistic accolades, the true engine that powers the global film industry lies behind the scenes at the Cannes Marché du Film. Known as one of the world’s largest and most influential film markets, the Marché du Film operates as the business counterpart to the festival's artistic celebrations, bringing together producers, distributors, buyers, and financiers to shape the future of cinema. Held annually in conjunction with the Cannes Film Festival, this bustling marketplace serves as a vital platform for deal-making, networking, and discovering new talent from across the globe. If you are involved in the entertainment industry as a filmmaker, producer, or artist and have any... --- - Published: 2024-04-15 - Modified: 2024-08-16 - URL: https://www.possingerlaw.com/court-of-appeals-rules-in-favor-of-activist-route-consultant-and-against-fedex-ground/ - Categories: Articles, FedEx On April 1, 2024, the Court of Appeals for the Sixth Circuit affirmed the District Court’s ruling, denying FedEx Ground’s claims that Route Consultant Inc. have published false or misleading statements about FedEx Ground (“FXG”) Route Consultant Inc. provides consultancy and brokerage services that are led by Spencer Patton, who was also a contractor for FedEx Ground, who owned several independent services providers (“ISPs”) with FXG. In August 2022, Route Consultant Inc. went on a promotional campaign, in which Patton criticized FedEx Ground, among others, for not addressing the fuel and wages prices increased. This, according to Patton, results in the struggle of many FedEx Ground contractors, who are small business owners that struggle due to the price increase. FedEx Ground claimed that Route Consultant made false or misleading statements during its campaign and that the campaign premised on a “fictionalized crisis” between FedEx Ground and its network of contracted service providers. The Court of Appeals agreed with the District Court that FXG failed to plausibly allege that Route Consultant made a single false or misleading statement. This is one of the cases that Possinger Law Group is currently following closely, and the ruling is significant. It is definitely a case to watch. For more information about this case: PR Newswire: Route Consultant Prevails in Logistics Legal Battle With FedEx Ground: Court of Appeals Decision United States Court of Appeals Decision Please Note: Possinger Law Group PLLC did not represent any of the parties involved in the above case. Possinger... --- - Published: 2024-03-22 - Modified: 2024-03-22 - URL: https://www.possingerlaw.com/mj-management-wins-major-victory-in-homestead-golf-course-lawsuit/ - Categories: News BELLINGHAM, WASHINGTON On Thursday, March 21, 2024, Whatcom County Superior Court Judge, David Freeman, entered a decision in the case of Hillius, et al. v. 18 Paradise, LLP, et al. that has fundamentally changed the direction of the case. The decision dismisses the class action plaintiffs’ claims for violations of the Consumer Protection Act (“CPA”) against the Defendants. The court’s decision dismisses a number of parties as defendants and eliminates the plaintiffs’ most significant legal claims in a case that has dragged on in Whatcom County Superior Court for nearly four years. Through its decision, the court dismissed MJ Management, Mick O’Bryan, and Josh Williams as defendants. Defendant, 18 Paradise, LLP remains a defendant, but only limited claims remain against it. Most significantly, MJ Management and 18 Paradise remain as counterclaim plaintiffs with legal claims against the homeowners of the Homestead Farms community for years of unpaid joint maintenance fees. On Friday, March 22, 2024, MJ Management filed its motion for certification of a defendant class against the Homestead Farms homeowners, with a hearing date currently scheduled for Friday, April 5, 2024, before Judge Freeman.   This decision constitutes a significant turn of events in this case that has affected the lives of Homestead Farms homeowners in Lynden, Washington for nearly four years. “The plaintiffs have now become the defendants in this case, and we will be moving forward to collect the amounts the homeowners owe our client ,” stated attorney Jeffrey Possinger, regarding his client’s counterclaim.   “This is... --- - Published: 2024-03-01 - Modified: 2024-12-31 - URL: https://www.possingerlaw.com/court-of-appeals-rules-in-favor-of-activist-route-consultant-and-against-fedex-ground-2/ - Categories: Articles, FedEx CBS Trucking Inc. , of Newburgh, NY, filed a Chapter 11 Petition in U. S. Bankruptcy Court, Poughkeepsie on February 7, 2024. This comes shortly after CBS initially filed for Chapter 11 bankruptcy protection in June 2023. CBS intention in its petition is to successfully reorganize its debts and emerge as a profitable residential package delivery service. According to CBS, it experienced a decrease in revenue after it lost one of its FedEx contracts in 2021. This resulted in a default on a $1,163,000 loan issued in 2020 and backed by the U. S. Small Business Administration. It is not uncommon for FedEx Ground contractors to face severe financial consequences in connection with their business relationship with FedEx Ground. FedEx contractors are advised to seek competent and knowledgeable legal representation to guide them in any legal dispute with FedEx Ground. For more information about this case: Westfair Business Journal: Newburgh FedEx contractor declares bankruptcy again Please Note: Possinger Law Group PLLC did not represent any of the parties involved in the above case. Possinger Law Group is a boutique law firm dedicated to elite levels of service to small and medium sized businesses and the individuals that own them. Possinger Law Group has been legal counsel for FedEx Ground contractors and advised law firms representing contractors against FedEx Ground. When faced with serious problems, clients have reached out to Possinger Law Group to be a trusted advisor and advocate to be a guide through high conflict situations and complex legal... --- - Published: 2023-10-31 - Modified: 2023-10-31 - URL: https://www.possingerlaw.com/mj-management-seeks-defendant-class-action-counterclaim-in-ongoing-homestead-community-litigation/ - Categories: News BELLINGHAM, WASHINGTON A major change is expected in the Homestead Farms Golf Course litigation, should a recent filing in the case be granted by the court. On October 23, 2023, attorneys for Defendant MJ Management, LLC filed a motion requesting a change to MJ Management’s pleadings. This request includes an amended counterclaim for a Defendant Class Action to prosecute additional claims against the approximate 600 individual parcel owners in the Homestead Planned Residential Community, a golf course community located in Lynden, Washington. A Defendant Class Action has been described by some legal commentators as a “unicorn” in the world of class action litigation as they are particularly uncommon, but the attorneys for MJ Management believe that this is an appropriate action for the case that has now been raging in Whatcom County Superior Court for over three and a half years. “There is no question that this is an uncommon legal theory,” says attorney Jeffrey Possinger, one of the attorneys representing MJ Management and other defendants. “But it has been used effectively in other jurisdictions around the United States, and it appears that this may be the first time a Defendant Class Action has been brought in Washington State. ” The attorneys for MJ Management believe that this is the most effective way to collect the past due assessments that MJ Management alleges it is owed by the various homeowners in the community who have not paid the Joint Maintenance Fees since 2020, when the litigation began. In 2020, the... --- - Published: 2023-09-07 - Modified: 2023-09-07 - URL: https://www.possingerlaw.com/live-homestead-golf-course-litigation-homepage/ - Categories: News A website for the Homestead golf course litigation has gone live! Readers can visit and share the website (at www. homesteadgolfcourselitigation. info) to get informed on the background and facts of the ongoing case, learn about Possinger Law Group's involvement, and stay updated on future developments. We look forward to sharing the details of this litigation with the public as the case progresses. Possinger Law Group recently appeared in this three-year-long dispute surrounding the Homestead Farms Golf Course and over 600 of the homeowners of an exclusive neighborhood in Lynden, Washington. An article on our appearance can be found here. For media questions, interviews, or any other needs, please contact media@possingerlaw. com. --- - Published: 2023-08-09 - Modified: 2023-09-07 - URL: https://www.possingerlaw.com/possinger-law-group-appears-in-contentious-homestead-golf-course-litigation/ - Categories: News BELLINGHAM, WASHINGTON Litigation surrounding the Homestead Farms Golf Course and over 600 of the homeowners of this exclusive neighborhood in Lynden, Washington, has been raging for over three years. Last week, Jeffrey Possinger of Possinger Law Group of Woodinville and Anacortes attorney Reid Meyers appeared in the case on behalf of MJ Management, LLC, its owner, Mick O’Bryan, and former owner Joshua Williams. Prior to the lawsuit being filed, MJ Management had managed the golf course since 2017. “We are pleased to come into this case and represent MJ Management, Mr. O’Bryan, and Mr. Williams. MJ Management has been financially ruined as a result of this dispute. What is particularly heartbreaking here is that Mr. O’Bryan has devoted his entire business career to Homestead Farms and cares deeply for that community”, said Possinger. Reid Meyers is a seasoned litigator with significant experience in the golf industry. Homestead Farms is a residential golf course community that is made up of over 600 homes. The case, which was originally filed in May 2020, was initiated by a group of 11 homeowners who were unhappy with an increase in the monthly maintenance fees to maintain the golf course and residential common areas. Although many Homestead Farms community members have said the monthly fees are an appropriate cost of sharing the benefits of a maintained golf community, the plaintiffs disagreed and obtained certification to bring suit as a class action against both MJ Management and the owner of the golf course property, 18 Paradise,... --- - Published: 2023-07-21 - Modified: 2023-07-21 - URL: https://www.possingerlaw.com/lawyer-stories-feature-navigating-the-seas-of-justice/ - Categories: News Possinger Law Group is proud to have been featured again by Lawyer Stories! Our article, "Navigating the Seas of Justice: Overcoming Liability Waivers for Lawsuits in Maritime Accidents in the Wake of the OceanGate Tragedy," analyzes some of the legal considerations behind the recent OceanGate submarine accident. The article provides a unique legal perspective on the sensationalized news topic, can be read on our website or as a Lawyer Stories feature. This is not the first time that Possinger Law Group and Lawyer Stories have collaborated. At the beginning of this year, Jeffrey Possinger was featured on the Lawyer Stories podcast, where he discussed his experiences working in law for more than 20 years, as well as his insight and advice for future attorneys. Jeffrey Possinger's article, "Maybe a Guy Like You Could Never Work for a Firm Like Ours," was also featured on the Lawyer Stories blog in early 2022. The article can be found on our website, and the Lawyer Stories feature can be found here. --- - Published: 2023-06-23 - Modified: 2023-06-23 - URL: https://www.possingerlaw.com/navigating-the-seas-of-justice-overcoming-liability-waivers-for-lawsuits-in-maritime-accidents-in-the-wake-of-the-oceangate-tragedy/ - Categories: Blog Navigating the legal landscape of maritime accidents can be a complex and challenging task. One of the most common obstacles that plaintiffs encounter are liability waivers, which are often used as a legal shield by companies and operators to limit their responsibility in the event of accidents or injuries at sea. Plaintiffs who are seeking legal remedies for these events often face the barrier of overcoming waivers by proving their invalidity, in order to move the case forward. Overcoming these waivers in litigation requires careful legal strategy, and a deep understanding of the nuances of tort and maritime law. Media coverage of the OceanGate tragedy and the events leading up to it have brought the specifics of the involved liability waivers into sharp focus. These waivers will likely become a central topic of discussion and analysis among lawyers, scholars, and commentators for years to come. Understanding Liability Waivers in Maritime Law A liability waiver, also known as a release of liability or hold harmless agreement, is a legal document that a participant signs to acknowledge the risks involved in a certain activity. In the maritime context, these waivers are often used by outdoor adventure companies, cruise lines, charter boat operators, and other maritime businesses to limit their liability for personal injury or loss of property. Liability waivers often make a plaintiff's case more challenging, but they are not insurmountable. While these waivers are generally enforceable, their validity is contingent on many factors, including the clarity of language, the circumstances under... --- - Published: 2022-11-23 - Modified: 2024-01-30 - URL: https://www.possingerlaw.com/possinger-law-group-files-suit-against-medical-staffing-agency-actriv-healthcare/ - Categories: News SEATTLE, WASHINGTON Alleging a pattern of overbilling for temporary healthcare medical staffing services during the COVID-19 pandemic, Possinger Law Group has filed suit in Pierce County Superior Court against Actriv Healthcare, Inc. , as well as other affiliated companies. Cornerstone Healthcare Services, LLC. is seeking damages for overcharges as well as other relief in the suit, Cornerstone Healthcare Services, LLC. , et al. v. Actriv Healthcare, Inc. , et al. , filed November 10, 2022. Actriv Healthcare describes itself as the largest healthcare staffing company in Washington with operations in Washington, Oregon, California, Idaho, Arizona, and Texas. Cornerstone Healthcare Services owns and operates several skilled nursing facilities and assisted living facilities in Washington State. For media questions, interviews or any other needs, please contact media@possingerlaw. com --- - Published: 2022-10-21 - Modified: 2023-06-23 - URL: https://www.possingerlaw.com/possinger-law-group-featured-on-lawyer-stories/ - Categories: Articles, Blog Jeffrey Possinger, our firm's founder and managing member, was recently invited to speak on the Lawyer Stories podcast! While speaking with the podcast's host, Jeffrey opened up about his path to becoming a lawyer, his experience on the high-profile "Miska the Cat" case, and his advice for new and upcoming attorneys. The episode is available on all podcast apps, and on the Lawyer Stories website. In addition to the podcast episode, long-time followers may remember Jeffrey Possinger's article "Maybe a Guy Like You Could Never Work for a Firm Like Ours", which was featured on the Lawyer Stories blog earlier this year. Thank you again to Benny Gold, the founder of Lawyer Stories, for collaborating with our firm! --- - Published: 2022-02-22 - Modified: 2023-06-23 - URL: https://www.possingerlaw.com/miska-the-cat-secures-125000-settlement-from-bellevue-king-county/ - Categories: Miska The Cat, News SEATTLE, WASHINGTON After years of litigation, Possinger Law Group and the Law Offices of Jon M. Zimmerman are pleased to share that we have reached a settlement for our client in Danieli v. King County, et al. . In addition to a $125,000 settlement award, King County and the City of Bellevue have agreed to engage in discussions with Anna Danieli regarding her experience and recommendations for policy improvements. Alongside our client, Possinger Law Group and the Law Offices of Jon M. Zimmerman are dedicated to advocating for positive changes that will prevent others from having the same experiences as Danieli. The Danieli case dates back to 2014, when Bellevue resident Anna Danieli began receiving violation notices against her brown tabby cat, Miska. Among the alleged violations, this house cat had, among other things, been allowed to freely roam through her neighborhood. After dozens of citations and more than $30,000 in fines, Miska’s family sought legal assistance with the Law Offices of Jon M. Zimmerman and Possinger Law Group. Research uncovered numerous issues in King County’s case against Miska, including the fact that one of her neighborhood complainants was also the head of Regional Animal Services of King County (“RASKC”). Danieli’s legal team filed a lawsuit in April 2019 against King County, the City of Bellevue, and various government entities and officials . The path to a positive outcome in this case has been long and hard-fought, and included a court ruling obtained by Danieli’s lawyers that required Bellevue to... --- - Published: 2022-02-18 - Modified: 2022-04-25 - URL: https://www.possingerlaw.com/judge-rules-that-city-of-bellevue-remains-vicariously-liable-in-danieli-v-king-county-et-al/ - Categories: Miska The Cat, News In another major win for their client, the legal team for Anna Danieli has successfully argued that Bellevue's agreement with King County left them vicariously liable. TACOMA, WASHINGTON Marking another crucial moment in Anna Danieli's case against King County, the Honorable Timothy Ashcraft of Pierce County Superior Court has ruled that the City of Bellevue can remain liable for allegedly unlawful action taken against Ms. Danieli by King County. In an attempt to remove itself from the case, representatives for the City of Bellevue argued to the court that King County had been responsible for the government action in question, while the City of Bellevue had only been involved tangentially. This was because, in 2016, the City of Bellevue entered into an Interlocal Agreement with King County for Animal Control Cases, granting King County authority for all animal control services in Bellevue. Despite the fact that this agreement was found to be flawed, voiding many of the citations and fines that were issued to Danieli for her cat, Miska, the City of Bellevue still argued that this agreement cleared them of any liability for Danieli's allegations. In another big win for their client, the legal team for Anna Danieli has successfully argued that Bellevue's agreement with King County left the City of Bellevue in the position of having to be vicariously liable for King County's actions. This order is particularly significant during this current stage of the case, because it prevents the City of Bellevue from exiting the case before... --- - Published: 2021-12-29 - Modified: 2022-02-26 - URL: https://www.possingerlaw.com/20th-anniversary-reflections-with-attorney-jeffrey-possinger/ - Categories: News Lawyers can be some of the most impactful individuals that people invite into their lives. These professionals are much more than just legal representatives; they function as advisors in the face of confusion, counselors in the face of hardship, and perhaps most importantly, advocates during life's most vulnerable and trying moments. Many clients continue to visit the same attorney throughout their lives not out of convenience, but because they have developed a trust and lasting connection with their attorney. This importance of the lawyer-client relationship is not lost on attorney Jeffrey Possinger, founder and managing member of Possinger Law Group, PLLC. Possinger has always been grateful for the connections that his career allowed him to cultivate, but as the year ends and the firm's 20th anniversary draws to a close, he finds himself reflecting on the perspective that the past two decades have given him on the profession itself, as well as the clientele that he has devoted his career to serving. A lot can change in 20 years, and Jeffrey Possinger knows this better than most. Public opinions have shifted, laws have been changed, and the economy has soared and plummeted numerous times since the firm was founded in 2001. However, the biggest change has likely been the vast expansion of technology that has taken place over the past two decades. Possinger details the ways in which advancements in technology have altered the legal practice. " has allowed smaller firms with less overhead to compete with much larger law... --- - Published: 2021-12-28 - Modified: 2022-04-21 - URL: https://www.possingerlaw.com/article-maybe-a-guy-like-you-could-never-work-for-a-firm-like-ours/ - Categories: Articles, Blog 2021 marked the 20th anniversary of Possinger Law Group's founding. Our law firm and certain members of our community have spent the past 12 months reflecting on those two decades, and what they have meant to us. Our founder, Jeffrey Possinger in particular has used this past year to identify certain themes and recall specific experiences that have influenced him throughout his legal career. This article, written by Possinger, details an experience that not only shaped him as a professional, but also contributed to the founding of Possinger Law Group in 2001. I have told this story a few times to several people over the last twenty years, but with 2021 being the twentieth anniversary of my law firm, it seemed that now would be a good time to share this with a broader audience – perhaps most importantly with law students or young professionals early in their careers. Beginning in my second year of law school, I began the process of informational interviews at different larger law firms around the Seattle area and the Eastside.  It was the height of what would become the “dot-com bubble” and Seattle was a hotbed of start-up companies that were pursuing the dream that the expanding Internet seemed to offer.  I would send out my résumé and schedule one-on-one meetings with partners and various senior associates, trying to learn all that I could about the firm, while also seeking employment opportunities. Competition for any available positions was fierce, and I was not your... --- - Published: 2021-11-24 - Modified: 2021-12-10 - URL: https://www.possingerlaw.com/artist-feature-with-dan-cautrell/ - Categories: Articles Our firm is proud of our regional, national, and international reach, but just as important to Possinger Law Group and its staff are our local roots. Founded in 2001, our firm has spent 20 years building connections to our clients, as well as local businesses and artisans. One of the many ways that we connect with our community is through annual Thanksgiving cards. These cards are sent to clients, colleagues, and other friends of the law firm. We use these cards as an opportunity to wish our community well during the holiday season, and to express our gratitude for their support. However, our community engagement starts long before the mailing process; Possinger Law Group also collaborates with local artists to design and produce our cards. This Thanksgiving season, we are proud to announce that our firm is once again working with Seattle-area artist Dan Cautrell to create the design for our cards. This year’s theme is "The Life of an Acorn", meant to symbolize internal strength, fortitude, and growth in arduous conditions. We are looking forward to sharing the design with you soon. With a career and impact spanning across the Pacific Northwest, Cautrell credits his experiences attending art school in Southern California with many of his artistic specializations. These include printmaking, linoleum and woodblock printing, wood carving, and most recently, concrete sculpture. Many of Cautrell's projects are murals and public art projects, so local environments and culture are a central theme throughout his artistic process. "My first inspiration is... --- - Published: 2021-09-01 - Modified: 2021-12-10 - URL: https://www.possingerlaw.com/data-privacy-update-deadline-to-adopt-new-standard-contractual-clauses-is-approaching/ - Categories: News Ever since the July 2020 ruling by the Court of Justice of the EU in Schrems II, which invalidated the EU-U. S. Privacy Shield, the transfer of personal data from the European Union/European Economic Area (EU/EEA) to the US has been facilitated almost exclusively by integrating the Standard Contractual Clauses to relevant contractual arrangements. The Standard Contractual Clauses are contractual provisions preapproved by the European Commission, which govern how a receiving party (the importer) will handle personal information. These Clauses also impose on the importer certain obligations and requirements to ensure appropriate data protection. On June 4, 2021, the European Commission published new sets of Standard Contractual Clauses to replace the original 2001 Standard Contractual Clauses that had been used to-date. The first set of new Standard Contractual Clauses replaces the original set, relating cross-border data transfers to third countries. These clauses feature more flexibility for complex processing chains, through a ‘modular approach' (transfers between controller-to-controller, controller-to-processor, processor-to-processor, and processor-to-controller) and by offering the possibility for more than two parties to join and use the clause. In addition to the above-mentioned set of Standard Contractual Clauses, the European Commission also added a second set of clauses. These are composed of entirely new contractual terms between controllers and processors. The intent behind these contractual terms is to set a consistent standard for the relationship between controllers and processors. The new Standard Contractual Clauses provide a more exhaustive and adequate compliance that needs to be integrated to contracts pursuant to the requirements of the General Data... --- - Published: 2021-05-01 - Modified: 2022-04-25 - URL: https://www.possingerlaw.com/federal-judge-remands-danieli-case-to-state-superior-court/ - Categories: Miska The Cat, News Ruling brings some clarity to Miska the Cat's ongoing case, but the impact of King County's incorrect action remains. TACOMA, WASHINGTON After its removal and brief presence in the United States District Court for the Western District of Washington, Danieli v. King County, et al. has been remanded to Pierce County Superior Court by federal court Judge Ricardo Martinez, the Chief Judge of the United States District Court for the Western District of Washington. While this ruling brings some clarity to Danieli's ongoing case, as well as its potential path forward, the Federal Court's decision does not take away from the plaintiff's stance that King County's initial removal to Federal Court was frivolous at best. "At its core, this case is about a regular citizen who found herself the unwarranted target of powerful government officials," Attorney Jeffrey Possinger explains. "This premature removal to Federal Court was yet another instance within the County's larger pattern of creating excessive pressure and unnecessary expenses for our client. " Now that the case has been moved back to State Court, Danieli's team and the government defendants can resume their previous efforts. We invite you to stay up-to-date with future case developments by following our firm's related social media channels (@possinger_law_group on Instagram, and miskathecat. com). --- - Published: 2021-04-20 - Modified: 2022-04-25 - URL: https://www.possingerlaw.com/danieli-seeks-court-sanctions-against-government-defendants/ - Categories: Miska The Cat, News Attorneys for Danieli Claim that the King County Defendant’s Notice of Removal was Legally Baseless, and that the Federal Court should impose Court Sanctions. TACOMA, WASHINGTON Almost two months after initially taking Miska, the brown tabby cat’s case to federal court, the King County Defendants have reversed course and now filed a Motion to Remand, in an attempt to return the case back to State Court. Plaintiff Anna Danieli, who is the owner of Miska, who is at at the center of this litigation, is asking the federal court to impose sanctions, in addition to paying her attorney’s fees and costs. “This case should have never been removed to federal court in the first place,” says Jon Zimmerman, one of the attorneys representing the Danieli. Danieli’s attorneys have filed a Response to the King County Defendants’ Motion for Remand as well as a separate Motion for Sanctions. Both court filings allege that the King County Defendants’ original Notice of Removal to federal court was lacking in any valid legal basis for removal to federal court, while also containing material misrepresentations within the court filings. “As officers of the court, attorneys have obligations around the court documents they file,” stated Zimmerman. “Filing court documents without proper legal authority and full of misrepresentations is sanctionable conduct. ” The Case, Before King County Removed It to Federal Court Before King County filed its Notice of Removal on March 5th, 2021, the case had been in Pierce County Superior Court since April 2019. Since... --- - Published: 2021-04-15 - Modified: 2022-04-25 - URL: https://www.possingerlaw.com/danieli-legal-team-welcomes-marla-zink-as-appellate-counsel/ - Categories: Miska The Cat, News SEATTLE, WASHINGTON Since obtaining a declaratory judgment with injunctive relief and prevailing in Pierce County Superior Court against their government defendants, Anna Danieli and her cat, Miska, have begun the process of filing an appeal. This appeal opposes the court's recent decision to deny Ms. Danieli attorney fees, despite her success in proving that the City of Bellevue had acted unlawfully by way of not updating their code to reflect a contract agreement with King County. To support Danieli's efforts in this appeal, attorney Marla Zink has joined the litigation team. Zink, a co-founder and managing member of Luminata Law, brings a wealth of appellate experience to the case. She is enthusiastic about the opportunity to represent Danieli against the government defendants. "A lay citizen who proved that her government was acting without authority should not have to bear the entire cost of litigation," Zink asserts. "I am pleased to be able to use my appellate court experience to build on Mr. Possinger and Mr. Zimmerman's trial court arguments. " Danieli's existing attorneys are also confident that the appeal is in good hands. "Ms. Zink is a capable and caring appellate lawyer with a history of successful outcomes," attorney Jeffrey Possinger affirms. "She is a zealous advocate, who brings a fresh perspective and attentiveness to this very complex case. We are excited to see where Miska's story will go, with Marla on the team. " Ms. Zink's first project will be ensuring that Ms. Danieli's appeal is heard as a... --- - Published: 2021-03-16 - Modified: 2022-04-25 - URL: https://www.possingerlaw.com/king-county-takes-miska-the-tabby-cat-to-federal-court/ - Categories: Miska The Cat, News King County files Notice of Removal in Federal Court, which Danieli’s Attorneys Claim is Premature and Frivolous. TACOMA, WASHINGTON On Friday, March 5th, 2021, the King County Defendants filed a Notice of Removal to the United States District Court for the Western District of Washington. With this one filing, King County has essentially made a federal case of the lawsuit involving Miska, the brown tabby cat from Bellevue. King County’s Notice of Removal comes while a number of motions were still pending in Pierce County Superior Court before Judge Timothy Ashcraft, as well as an appeal in the Court of Appeals, Div. 2.   Attorneys for Anna Danieli, Miska’s owner, have put both King County and the Superior Court on notice that this recent filing was both untimely and legally baseless filing in the Federal Court. “This was clearly a legally frivolous action taken by the King County Defendants,” stated attorney Jon Zimmerman, one of Danieli’s attorneys. “The Superior Court has not even been given the opportunity to make a decision about requested amendment to her complaint, and the King County Defendants are making filings in federal court with zero legal basis. ” Based on filings with the Federal Court, the other defendants, City of Bellevue, and the King County Hearing Examiner have consented to the Notice of Removal. Danieli’s attorneys are expected to respond to King County’s Notice of Removal in the U. S. District Court, where the case has been assigned to Chief Judge Ricardo S. Martinez. Notice... --- - Published: 2021-02-09 - Modified: 2022-04-25 - URL: https://www.possingerlaw.com/danieli-asks-court-to-add-civil-rights-violations/ - Categories: Miska The Cat, News Based on information uncovered in litigation, Plaintiff is now seeking approval of the Court to add claims to her original complaint that King County Animal Control’s targeting of her and her brown tabby cat, Miska, were a violation of her Civil Rights. TACOMA, WASHINGTON Based on information uncovered over the last several months of litigation, Anna Danieli, the owner of a brown tabby cat from Bellevue, is requesting that the Court allow her to amend her complaint to include claims for violations of her civil rights. On February 5th, 2021, Danieli filed a motion in Pierce County Superior Court seeking permission from the Court to amend her existing complaint against King County and the other Government Defendants. Danieli’s case has recently been reassigned to Pierce County Superior Court Judge Timothy Ashcraft. A copy of the proposed amended complaint was attached to Danieli’s Motion, which set out the basis of her claims that King County and other government actors, including Defendant Gene Mueller, violated her civil rights when she and her cat, Miska, were targeted with excessive enforcement, in part because Mueller is both a neighbor of Danieli and the head of Regional Animal Services of King County (“RASKC”). “We believe that this is a case where the use of government police powers and other government resources in a neighborhood dispute were influenced by the fact that the head of King County Animal Control was interested in the outcome as a neighbor of the our client,“ asserts attorney Jon Zimmerman, one... --- - Published: 2020-12-10 - Modified: 2022-04-25 - URL: https://www.possingerlaw.com/city-of-bellevue-updates-law-in-response-to-judges-order/ - Categories: Miska The Cat, News In response to the court’s order in Danieli v. King County, the City of Bellevue updates and corrects the Bellevue City Code. BELLEVUE, WASHINGTON Following the entry of the Court’s Order on November 13, 2020, deeming the City of Bellevue’s City Code invalid, the City of Bellevue has taken action to update its laws. On December 7, 2020, the Bellevue City Council passed Ordinance No. 6546, which updated Bellevue’s City Code sections 8. 04. 180, 08. 04. 340(6)(a) and 8. 04. 350, effectively fixing the problems in the law that were pointed out in Danieli v. King County, et. al. , and ordered to be rectified by the Court. The City of Bellevue’s change to the law is one of the significant wins for Danieli in her case against the City of Bellevue, and other government agencies. “We are happy for both our client as well as the citizens of the City of Bellevue,” stated Jeffrey Possinger, one of Danieli’s attorneys. “It is unfortunate that it took a lawsuit and a court order to get the government actors to do what should have been done all along, but we are very pleased with this result. ” The new updates to the law will go into effect five days after passage and publication. This update corrects a significant flaw in the previous Bellevue City Code, which failed to grant legal authority for the King County Hearing Examiner to hear animal control cases arising out of the City of Bellevue. In 2016, the City... --- - Published: 2020-11-16 - Modified: 2022-04-25 - URL: https://www.possingerlaw.com/court-enters-order-against-government-defendants/ - Categories: Miska The Cat, News Court Rules Bellevue City Code Invalid. King County Hearing Examiner enjoined from hearing any further Animal Control Cases until City of Bellevue updates Bellevue City Code. TACOMA, WASHINGTON Attorneys for Miska, the brown tabby cat from Bellevue, and her owner, Anna Danieli, were in court again on Friday, November 13th, 2020, for entry of an Order on Danieli’s earlier success in court on October 23rd, 2020, where Judge Bryan Chushcoff ruled in favor of Danieli’s Motion for Partial Summary Judgment seeking Declaratory Relief and Injunctive Relief against the various Government Defendants. Danieli and the Government Defendants disagreed on the the final order that the Court should enter. Argument around this final written order concerned itself with a number of issues, a critical one relating to the scope and effect of the court’s earlier ruling on the legal authority of the King County Hearing Examiner to hear animal control cases arising out of the City of Bellevue. After legal counsel for Danieli and the various Government Defendants concluded their legal arguments, the court determined to take the issues presented under advisement. Judge Chushcoff entered his final order later the same day. The order entered by the court is significant. In addition to directly affecting Anna Danieli’s case (in which matters are expected to be dismissed by the King County Hearing Examiner shortly as a result) there may be a broader impact on other cases that have been before the King County Hearing Examiner since 2016. The court’s order indicates that the... --- - Published: 2020-10-26 - Modified: 2022-04-25 - URL: https://www.possingerlaw.com/big-win-in-court-case-for-miska-the-tabby-cat/ - Categories: Miska The Cat, News Judge finds City of Bellevue had failed to properly update the Bellevue City Code in 2016. TACOMA, WASHINGTON Miska and her owner, Anna Danieli, had a very good day in Court last Friday (October 23rd, 2021). With local news media present in the courtroom, Danieli’s lawyers successfully argued their motion to Judge Bryan Chushcoff, that the City of Bellevue had failed to properly update the Bellevue City Code in 2016, and as a result, a significant section of the Code that governed the adjudication of Animal Control Cases in Bellevue was invalid.  “I am convinced that the City of Bellevue’s Interlocal Agreement is not sufficient to change the Bellevue ordinances with respect to ” stated Judge Chushcoff in his ruling from the bench. Danieli’s lawyers had brought a Motion for Partial Summary Judgment seeking a determination from the Pierce County Superior Court that Bellevue’s law was invalid, and to also put a stop to the City of Bellevue, Regional Animal Services for King County (“RASKC”), and the King County Hearing Examiner from taking any further action against Danieli and her tabby cat Miska. Seeking to have Danieli’s case dismissed, the various government Defendants had brought their own separate Motions for Summary Judgment, but after having ruled in Danieli’s favor on Bellevue’s invalid law and ordering injunctive relief, Judge Chushcoff opted not to currently decide any of the issues brought by the Defendants. The court’s decision has affirmed the position that Danieli’s counsel have taken since the onset of this case, that... --- - Published: 2020-10-16 - Modified: 2022-04-25 - URL: https://www.possingerlaw.com/miska-the-tabby-cat-is-headed-for-her-day-in-court/ - Categories: Miska The Cat, News Lawyers seek a court ruling to find the City of Bellevue’s City Code to be invalid for Animal Control Cases before the King County Hearing Examiner. TACOMA, WASHINGTON A several year-long legal journey involving Miska, a brown tabby cat in Bellevue, reaches a new stage this upcoming Friday, October 23, 2020; and it may impact many more cases involving pets and their owners residing in the City of Bellevue and other cities in King County.   Miska, a Bellevue family’s pet cat, has been the source of legal wrangling and public attention for years of alleged behavior ranging from reports of trespassing, aggressiveness, and nuisance. Miska’s family filed their lawsuit in 2019, when it was learned that one of her neighborhood complainants was also the head of Regional Animal Services of King County (“RASKC”). With a trial set for early 2021, attorneys for Anna Danieli (Miska’s owner) filed a Motion for Partial Summary Judgment on September 25th, 2020 in Pierce County Superior Court against King County, the City of Bellevue, RASKC, the King County Hearing Examiner, and other named defendants.   The motion requests that the court should void any of Miska’s alleged violations since 2016. During this time, King County instituted major changes to the county code, and the City of Bellevue and some other jurisdictions failed to update their respective codes. By contract, Bellevue pays King County to deal with animal cases within the City of Bellevue.   The Honorable Bryan E. Chushcoff will preside over the hearing... --- - Published: 2020-05-15 - Modified: 2021-12-03 - URL: https://www.possingerlaw.com/new-restaurant-opening-conditions-create-potential-data-breach-liabilities-for-business-owners/ - Categories: Articles, Coronavirus, Data Privacy On May 12, 2020, Governor Jay Inslee approved several Washington counties to move to Phase 2 of the Four-Phase Plan to reopen the state. With this approval, the Governor has released a set of requirements for different business activities, the implementation of which is required as a condition of being able to open business to the public. Among those requirements is the obligation for dine-in restaurants and taverns to create a daily log of all customers. That daily log must also be maintained for 30 days, including the telephone number or email of the patron. Although such a log may prove necessary for health agencies to trace and contact individuals who could have been exposed to COVID-19, collecting such information may expose restaurant owners to potentially severe personal information data breach liability. Although the State of Washington has yet to enact its own Data Privacy Law (the current version of the proposed Washington Privacy Act (“WPA”) failed to pass out of both houses of the State Legislature last session), there are a few rules that, among others, impose liability on loss of personal information (Chapter 19. 255 RCW). For instance, Washington law requires every person or entity that conducts business in Washington to provide notification of any breaches of collected information to individuals whose information was involved in the breach. Additionally, if the person or business retains such personal information on behalf of a third party, it shall inform such third party in the case of a breach. In light... --- - Published: 2020-03-25 - Modified: 2021-12-10 - URL: https://www.possingerlaw.com/stay-home-stay-healthy-order-issued-to-combat-covid-19/ - Categories: News - Tags: #COVID-19, Business, Coronavirus, Emergency, Pandemic On March 23, 2020, Governor Jay Inslee issued a "Stay Home, Stay Healthy" Order, a proclamation that functions as part of the State of Washington's efforts to prevent the further spread of Novel Coronavirus (COVID-19) within the state.  The Order will last for two weeks, beginning March 25, 2020 and lasting until April 8, 2020 (although it may be extended, depending on transmission rates).  Under the terms of this proclamation, the following is required: Every Washington resident will be required to stay home, unless they need to pursue an essential activity (more information on exceptions and essential services is detailed below). All gatherings apart from "essential activities" are temporarily banned. This includes most social, spiritual, and other community gatherings. All non-essential businesses are to be temporarily closed. The Stay Home, Stay Healthy Order builds on previous state orders that have been issued to combat the spread of COVID-19. Although it effectively closes most businesses and events, the Order and related advisory documents do provide exceptions and additional guidance that should be reviewed carefully by business owners. Below, we have compiled some of the most important considerations to take into account, when determining a plan of action. Does your business qualify as "essential"? If it’s not clear whether your business qualifies as an “essential business”, please contact the state or your attorney right away; they can provide expert guidance in this determination. Furthermore, even if your business is not currently considered "essential", businesses who offer otherwise vital services to the community... --- - Published: 2020-03-17 - Modified: 2021-12-10 - URL: https://www.possingerlaw.com/responding-to-the-covid-19-pandemic-for-washington-businesses/ - Categories: Articles - Tags: #COVID-19, Business, Washington At the time of this article's release, it is clear that the Novel Coronavirus (COVID-19) pandemic is having and will continue to have a significant impact on the economy, effecting businesses of all kinds - particularly small businesses. To survive, there is an important sentiment to remember: Nobody ever regrets making fast and decisive adjustments to changing circumstances. The current pandemic presents both operational and legal issues for small- to medium-sized businesses; which are the primary clients of Possinger Law Group. Here in Western Washington, which has been a particularly affected by the COVID-19 pandemic, businesses have found themselves needing to respond quickly to emergency regulations and public health orders. This rush to adapt has directly impacted business operations, and the widespread decrease in economic activity has further changed the way that businesses must operate to sustain themselves. Over the past week, questions that our firm has received have fallen into three basic categories: Compliance with Public Health Orders and Emergency Regulations, Handling Employees, Contractors, and Keeping the Business Operating, and Impacts on Existing Contracts and Ongoing Business Obligations. The following is a quick outline of the issues that businesses should be reviewing, assessing, and acting upon to protect critical relationships (i. e. employees, customers, suppliers, and the community at large) and remain successful during these unprecedented times. Every business is unique in its needs and resources, but principles listed in this article will be helpful for all business entities.  All of these items address key issues in: (1) Safeguarding... --- - Published: 2020-03-13 - Modified: 2022-01-06 - URL: https://www.possingerlaw.com/interim-advice-to-washington-business-owners-in-the-face-of-the-novel-coronavirus-covid-19-pandemic/ - Categories: Coronavirus, News - Tags: #COVID-19, Business, Regulations In just a short period, Washington State has become an epicenter of the COVID-19 pandemic in the United States. Responding rapidly to this emerging health crisis, the Federal government, the State of Washington, and various local authorities have taken action to combat the spread of the disease. These actions have direct impacted the community as a whole, but businesses have been particularly affected by new closures, supply-chain deficiencies, and in-office protocols. The general advice below is directed to small- and medium-sized business owners, which make up a large part of Possinger Law Group's clientele. Most importantly, the following is only interim advice, and it is general in nature. In many ways, all of us find ourselves in unfamiliar territory, and situation is likely to change day-to-day, if not hour by hour.  If you have specific questions about navigating the rapidly-evolving pandemic, we invite you to contact Possinger Law Group directly. So, how should a business owner respond to what feels like a complete deluge of news and information? And even more importantly, what specifically should they be doing?  The following should be seen as a general framework for planning, preparing, and responding to the issues created by the COVID-19 pandemic. Legal Compliance The first issue to address is legal compliance and risk mitigation, in regards to employment law. Employers should assume that all existing laws and regulations remain in place, and pay careful attention to additional requirements that are being added to respond to the emergency. Emergency Regulations and Public... --- - Published: 2020-03-11 - Modified: 2022-01-06 - URL: https://www.possingerlaw.com/governor-inslee-issues-covid-19-proclamation/ - Categories: Coronavirus, News - Tags: #COVID-19, Business, Health, Proclamation, Updated King, Pierce, and Snohomish Counties are under state-of-emergency restrictions until March 31, 2020. In response to the outbreak of the Novel Coronavirus (COVID-19), Washington State Governor Jay Inslee has issued a several Proclamations: 20-05 (02-29-2020) (Declaring a State of Emergency), and 20-06 (03-10-2020)(Limiting Activities in the operation of Nursing Homes and Assisted Living Facilities). Today, the Governor issued Proclamation 20-07, which restricts gatherings related to social, spiritual, and recreational activities in King, Snohomish, and Pierce Counties until midnight of March 31, 2020. Specifically, the Proclamation temporarily bans “gatherings of 250 or more for social, spiritual and recreational activities, including but not limited to, community, civic, public, leisure, faith-based, or sporting events; parades; concerts; festivals; conventions; fundraisers; and similar activities. ” The language of the Proclamation largely affects community and private gathering, as well as organized religious institutions (such as churches, synagogues, and mosques). As written, Proclamation 20-07 is also likely to affect any business where 250 or more people are gathered in one place. In addition to other precautions advised at this time, business owners should evaluate whether their operations involve gatherings of 250 or more people (including staff), taking action to reduce the number of people gathered. Violation of this proclamation is subject to criminal penalties under RCW 43. 06. 220(5) (i. e. gross misdemeanor). Our firm will be monitoring developments, which are likely to change over the days and weeks. At the same time that the State of Washington issued this proclamation, King County, Pierce County, and Snohomish... --- - Published: 2020-02-15 - Modified: 2022-02-28 - URL: https://www.possingerlaw.com/30-second-consult-before-you-send-that-email/ - Categories: Articles - Tags: Advice, Email, Evidence, Litigaton, Text Email and texting make it easy to send quick responses. That reality is a double-edged sword.  In emotionally-charged moments, it is dangerously easy to respond or to vent about things using email and text messages, but my advice as a lawyer – don’t do it.   A person should always think about what they send via email or text as something that might be read aloud in court.  Considering the amount of digital communication that we all use in today's world, this thought can be chilling to many.  This is why I advise my clients not to send any emails or texts when they are depressed, angry, or drunk (or a combination of these). Electronic communications are making their way into courts more and more often. The casual (and sometimes inappropriate) ways that these communications are used has the potential to create real legal problems for clients, or at the very least, severe embarrassment and damage to professional reputations and relationships. This is particularly true in the area of discovery. In Washington, general rules governing discovery are very broad. CR 26 (b)(1) will allow just about any information that is “reasonably calculated to lead to the discovery of admissible evidence. ” This qualifier could reasonably include those off-colored remarks about a colleague, or crass comments about a vendor that you have a personal issue with.  Additionally, even if that information never makes it into a courtroom, it still may have to be disclosed to other parties and their attorneys as... --- - Published: 2020-02-13 - Modified: 2022-01-06 - URL: https://www.possingerlaw.com/possinger-law-group-obtains-preliminary-injunction-for-client/ - Categories: News - Tags: Arbitration, King County, Litigaton, Temporary Restraining Order, TRO On February 12th, 2020, King County Superior Court Judge Suzanne Parisien entered a Preliminary Injunction in the case of One Way Group, LLC v. CQD, LLC, et al. . The Preliminary Injunction effectively prevents Defendants, CQD, LLC and two other Individual Defendants from violating the terms of a Covenant Not to Compete that was part of a Purchase and Sale Agreement for the purchase of a business previously owned, in part, by the Individual Defendants. The dispute, filed in December 2019, is between two Washington Limited Liability Companies and former members of a separate Limited Liability Company, which had sold a restaurant to the Plaintiff.  The Complaint, filed in King County Superior Court, sought injunctive relief, including a preliminary injunction and a request to compel arbitration.  The Plaintiff obtained a Temporary Restraining Order (“TRO”) on December 6, 2019 that effectively halted the competing business’ operations, but the case remained at standstill until a hearing could be finally held on February 7th and 11th of 2020.  By the terms of the Court’s order, the Preliminary Injunction will remain in effect until the outcome of arbitration. This case illustrates the significance of written contracts, especially ones that have restrictive covenants, and the potential consequences for violating the terms of those covenants. The Plaintiff seeks to move this matter forward to arbitration for final resolution of its disputes with the Defendants. King County Superior Court Case# 19-2-31709-4 SEA --- - Published: 2019-04-30 - Modified: 2022-02-25 - URL: https://www.possingerlaw.com/michael-avenatti-extortion-case-and-when-does-a-lawyers-demand-letter-become-extortion-in-washington/ - Categories: News When Does a Lawyer's Demand Letter Become Extortion in Washington? The recent news involving the arrest and criminal charges against celebrity attorney Michael Avenatti, for what federal prosecutors say are for attempted extortion of retail giant Nike, bring to light a very serious and practical issue facing attorneys in settlement negotiations.  Attorneys are expected to be zealous advocates of their clients' cases, but there are serious pitfalls for those that take zealous advocacy too far – either for their clients or for themselves. In the case of Michael Avenatti, he and his client allegedly requested $22. 5 million in exchange for not releasing evidence that Nike employees had funneled money to student college athlete recruits in violation of NCAA rules. The timing of the threats was designed to damage Nike’s reputation and market capitalization, had the company not agreed to Mr. Avenatti’s demands. Federal criminal counts brought against Michael Avenatti and a co-conspirator include Conspiracy to Transmit Interstate Communications with Intent to Extort, Conspiracy to Commit Extortion, and Extortion, in violation of Title 18 USC, Section 875(d), Title 18 USC 1951 (b)(3), and Title 18 USC 1951 (b)(3), respectively. In almost two decades of law practice, I have seen these issues come up, and I have also advised clients and other attorneys on issues related to aggressive and over-aggressive settlement demands. The Avenatti case presents a cautionary tale and raises several specific legal issues, of which attorneys should be mindful and approach with care. Although Avenatti has been accused of... --- - Published: 2019-04-15 - Modified: 2022-02-28 - URL: https://www.possingerlaw.com/were-expanding/ - Categories: News - Tags: expanding, growing, Law Firm, new location, Woodinville Possinger Law Group is excited to announce that our office is relocating from its previous location, into the new View Ridge Executive Offices in Woodinville. This move is being made to accommodate our growing staff, to more securely protect our clients' legal matters, and to better support our expanding practice. Possinger Law Group is a firm dedicated to serving small- and medium-sized businesses and the individuals that own and operate them. Since being founded in 2001, the firm has counseled and represented hundreds of clients, including business organizations, individuals, and families. Combining a thorough understanding of the law, its clients’ goals, and the current environment to deliver excellent client service, Possinger Law Group’s number one goal is creating value for its clients. Founded in the Pacific Northwest, Possinger Law Group has local roots, even as its practice has regional, national, and international reach. Managing Member Jeffrey Possinger says this relocation was an important step in achieving the firm's larger goals. “Moving to this new location was part of the growth plan of our law firm, and this move will allow us to better serve our clients and further expand our business and services”. Possinger Law Group is also hiring additional staff and contract attorneys, to support this expansion. Possinger Law Group and its staff look forward to continuing operations at our new location at 20250 144th Ave. Northeast, Suite 205, Woodinville, Washington. --- - Published: 2018-03-09 - Modified: 2022-02-28 - URL: https://www.possingerlaw.com/jeffrey-possinger-receives-martindale-hubble-av-rating/ - Categories: News - Tags: Awards, Lawyer, News Possinger Law Group, PLLC is pleased to announce that Managing Member, Jeffrey Possinger was awarded a Martindale-Hubbell AV Preeminent Peer Rating on February 5, 2018. These awards are determined through a secure online peer review survey where a lawyer’s ethical standards and legal ability in a specific area of practice is assessed by their peers. Once the review process is completed, an attorney may receive recognition with their Martindale-Hubbell® Peer Review Rating™. According to the company's nomination requirements, the rating received by Jeffrey Possinger is the highest possible rating standard, "awarded to only those lawyers with the highest ethical standards and professional ability. " "This is a huge respect and privilege for me to accept this recognition," Possinger expresses. "I am grateful to Martindale-Hubbell for their effort throughout the review process, to the firm's dedicated staff for providing support and making our high-quality services possible, and to our clientele, who make these efforts worth it. " To read Martindale-Hubbell's announcement, please visit the company's website. --- - Published: 2018-01-19 - Modified: 2022-03-18 - URL: https://www.possingerlaw.com/back-school-college-student-power-attorney/ - Categories: Articles As colleges and universities begin classes in the fall, students are leaving home and headed for campus. Sometimes that campus is right down the street, and sometimes is on the other side of the country or the other side of the world. What many students and their parents seldom think about is the value of having a “power of attorney” for their student in place when they head off to school. One of the reasons that this is often overlooked is because the child, whether legally an adult or not, is often still a dependent on the parents, whether literally or practically. But once a child turns 18 years, old, they are legally an adult, and that has specific consequences in various situations. Why have a Power of Attorney for a College Student? There are a number of reasons to have a power of attorney for a college student that rarely occur to a parent until it is needed. Years of being in the role of parent often makes a number of things invisible, whether it is making doctors appointments, handling financial matters, or filling out paperwork. Once the child turns 18 your legal parental rights terminate, even if you are paying tuition, claiming them on your taxes, or maintaining them on your insurance policy. The rights that you had before to do things on their behalf no longer are there, and it isn’t something that most parents or students are thinking about until a situation arises where this can... --- - Published: 2018-01-19 - Modified: 2023-09-12 - URL: https://www.possingerlaw.com/expect-first-legal-consultation/ - Categories: Blog When a problem arises, searching for a lawyer can be nerve-wracking. In addition to questions about legal options, individuals might find themselves wondering: · How do I find the right attorney? · How long will this take? · How much will this cost? · How should I prepare for a legal consultation? After almost two decades of practicing law in Washington State and consulting many clients and potential clients over those years, I thought it would be helpful to provide the general public some clarity on what to expect during your first legal consultation with a lawyer. (Note: these examples of topics and questions that I have identified as best practices may differ from those of other firms and lawyers. ) Normally, the first contact that we have with a potential client is a phone call or email from them, regarding a legal matter or other problem that they are facing. As part of our intake process, and to understand the situation better, we send over a short form that gathers some basic information about the situation, and goes over the process of discussing their legal matter before we schedule an initial consultation. The primary purposes of the first legal consultation are to determine the nature of the potential client’s legal issues, discuss potential options, discuss the business terms of representation, and otherwise determine whether the potential client and our firm will be a good fit for each other. Because this initial consultation is a way to introduce both the potential... --- - Published: 2018-01-19 - Modified: 2022-02-28 - URL: https://www.possingerlaw.com/5-signs-good-lawyer/ - Categories: Blog With so many lawyers and firms in the world today, how do you know if you’ve chosen the right one? Here are 5 signs of a trustworthy lawyer. 1. Cautiously Optimistic Most cases aren’t slam-dunks, and it is important that your lawyer doesn’t make promises regarding the outcome of your case, or seem overconfident - regardless of how seasoned they are. A great lawyer knows there are many factors to be considered, and that no legal proceedings come with guarantees. They should be able to present a few informed options for handling the case, without guaranteeing any outcomes. 2. Great Listener A great lawyer is an even better listener. Nothing in the legal world has a one-fits-all approach, and a great lawyer will know this. They should understand your goals, and tailor their approach accordingly. Beyond exhibiting strong listening skills, great lawyers are also responsive. This doesn’t mean they respond to you within seconds, but rather they are considerate of your time and will respond thoughtfully. 3. Objective As strange as this may sound, your lawyer shouldn’t empathize too much with your pain. A good legal service provider is able to stay objective and seek the truth at all costs. Your lawyer should pursue a professional relationship that’s based on trust and facts (good AND bad). 4. Honest About Fees Upfront Though sometimes a sore subject, it is crucial that your lawyer discusses their fees upfront. Certain types of representation have flat fees (such as immigration matters, basic bankruptcy, administrative law, etc.... --- - Published: 2014-05-22 - Modified: 2021-12-11 - URL: https://www.possingerlaw.com/washington-state-supreme-court-expands-scope-washingtons-law-discrimination-wlad/ - Categories: News In a decision issued today (05-22-2014), the Washington Supreme Court expanded the coverage of Washington's Law Against Discrimination (WLAD) Chapter 49. 60 RCW to require reasonable accommodation of an employee's religious practices.  Kumar v. Gate Gourmet, Inc.  No. 88062-0 In a decision written by Justice Sheryl Gordon McCloud, the Court articulated an expanded duty for employers to accommodate the religious practices of their employees. In this particular case the employer's policy of requiring employees to eat food provided by the employer violated the religious dietary requirements of several employees. The trial court's previous dismissal of the Plaintiffs' claims was reversed and the case remanded back to the Superior Court. The full decision can be seen here: Kumar v. Gate Gourmet, Inc.  No. 88062-0  --- - Published: 2014-02-10 - Modified: 2021-12-11 - URL: https://www.possingerlaw.com/comcast-become-latest-target-latest-data-breach-poses-communications-challenges-communications-giant/ - Categories: News No matter how this data security breach story develops, if you are a Comcast customer, you should probably change your passwords now. In what may be the latest in a series of high-profile computer security breaches, Comcast had at least 34 of its servers hacked on February 6, 2014 by NullCrew FTS. After publishing a list of Comcast’s mail servers and a link to the root file with the vulnerability it used to penetrate Comcast’s system on Pastebin (Read Here), the information remained exposed and available for the next 24 hours. The following day, February 7, 2014, the company issued a limited press-release with regard to the security breach on Multichannel news. In that press-release, Comcast stated that the company “currently no evidence to suggest any personal customer information was obtained in this incident. ” This press release, which was released to only one on-line media outlet, has been heavily criticized by several media and security writers, who allege that the company has hushed and minimized what was likely to have been a serious on-line attack. (Read Here and Here). It is too early to tell whether any of Comcast’s customer’s data was compromised in this attack or not, or whether Comcast ultimately has any liability. However this particular incident illustrates the difficult position a company can find itself when a computer security breach is made public shortly after the breach occurs. A company in the midst of a computer security breach must deal with several simultaneous issues in real... --- - Published: 2014-01-29 - Modified: 2021-12-11 - URL: https://www.possingerlaw.com/excellent-article-entrepreneurial-stress/ - Categories: News In a recent article appearing in "Inc. ", titled "The Psychological Price of Entrepreneurship" author Jessica Bruder discusses some of the unique psychological challenges faced by entrepreneurs. The article addresses the fact that for all of the success stories that are out there concerning business ventures that make it big, even for the successful business person the road to that success has often been marked with bouts of anxiety and despair. As a lawyer, I have seen some of these issues come up in the representation of start-up clients as well as having experienced some of these feelings myself along the way. It is a good read both as an entrepreneur and as a trusted adviser to entrepreneurs; in many ways reassuring that business leaders are not alone in moments of defeat as well as triumph. --- - Published: 2014-01-14 - Modified: 2021-12-11 - URL: https://www.possingerlaw.com/moving-target-data-breach-notification-practice/ - Categories: News The recent Target (and now Neiman-Marcus) data security breach provides a clear illustration of the challenges faced by businesses that must comply with the various data breach notification laws. As of the writing of this article, what is known is that for 19 days (between November 27 and December 15) computer hackers gained “unauthorized access” to Target’s customers’ names, credit or debit card numbers, card expiration dates, and three-digit CVV security codes. Target initially revealed on December 19 (four days after the end of the attack) that 40 million payment cards had been affected. Following the initial disclosure, it was released that some 70 million of Target’s customers’ “personal information” had been compromised in the attack. The company has been cooperating with law enforcement officials including the Department of Justice and the Secret Service. An effective response to a business data security breach requires a multidisciplinary approach. And, this includes expertise in information technology (IT), forensics, law, and public relations among others; all of which most often occurs in a highly fluid environment. For any company doing business in more than one state, the multiple and often contradictory requirements of data breach notification laws create an additional layer of complexity that must be addressed when a data security breach occurs, particularly when there is a breach that involves “personal information”. Current Law of Data Security Breach Notification At this time, 46 states, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands have data breach notification requirements for breaches... --- ---