For news about or from Stafford Frey Cooper, plus other stories or information that our clients, the legal profession or our community may need to know, just read or click below.

Read Stafford Frey Cooper’s monthly construction trade publication, July edition--to help you preserve your rights and increase the efficiency of your business through knowledge and preparedness. Click here, and learn ways to save money and protect your business. Stafford Frey Cooper Sponsors Fifth Annual Statewide Diversity Conference, Co-founded by Shareholder Kim M. Tran--Stafford Frey Cooper is proud to be a Platinum Sponsor of the Fifth Annual Statewide Diversity Conference, co-founded by Stafford Frey Cooper shareholder Kim M. Tran. This year’s conference will be held Friday, June 25, 2010 at the Seattle University School of Law. As co-founder of the Conference (run by the Washington Minority Bar Association Collaboration Project (“WAMBAC”)), Kim received the Washington State Bar Association’s Excellence in Diversity Award in 2009. For more information on the conference, please go to wambac.org. Juliana Wong to Serve on Family Law and Professionalism Panels at Fifth Annual Statewide Diversity Conference--Stafford Frey Cooper attorney Juliana Wong will serve on the family law and professionalism panels of the Annual Statewide Diversity Conference conducted by the Washington Minority Bar Association Collaboration Project (“WAMBAC”) and held at the Seattle University School of Law on Friday, June, 25, 2010. For more information on the conference, please go to wambac.org Richard Dykstra to speak at 17th Annual Construction Law Conference--Stafford Frey Cooper shareholder Richard Dykstra will present on the topic of “Contractors’ Liability & Builders’ Risk Coverage / Ten Myths About Your Insurance Coverage” at the 17th Annual Washington Construction Law Conference. The seminar will be held at the Washington State Convention & Trade Center in Seattle on September 16-17. To attend, call 866-435-3444, email info@theseminargroup.net, or go to www.theseminargroup.net.Stafford Frey Cooper attorney Tom Larkin to co-chair WSBA CLE--Stafford Frey Cooper attorney Tom Larkin will be co-chairing the WSBA’s Construction Law Mid-Year CLE Public Construction: The Only Game in Town and How to Play it. The CLE will be held on June 11, 2010 at the Washington Athletic Club in Seattle, Washington. Mr. Larkin is currently the Vice-Chair of WSBA Construction Law Executive Committee. To attend, call 800-945-WSBA or go to www.wsbacle.org/seminars. James Yand to speak at Creditors’ Rights Seminar-Stafford Frey Cooper shareholder James T. Yand will present at the October 19, 2010 Seattle, Washington National Business Institute seminar on Nuts and Bolts of Collection Law: "Ethical Issues in Collections and Electronic Records." The seminar will be held at the Washington State Convention & Trade Center. To attend, call 800-930-6182 or go to www.nbi-sems.com. Jeffrey M. Grieff to present in WSTLA/WSAJ Seminar--Stafford Frey Attorney Jeffrey M. Grieff will present in Seattle on May 20, 2010, at WSTLA/WSAJ Educational Seminar. Mr. Grieff's topics will be Professional Entitiy Selection and Employment Agreements. James Yand and Heather Carr to speak at Convention & Trade Show-Stafford Frey Cooper shareholders James Yand and Heather Carr will present at the April 10, 2010 Tucson, Arizona Northwest Wall & Ceiling Industries Convention & Trade Show themed “Expanding Business by Enhancing Communication.” Mr. Yand and Ms. Carr will speak on "Using the Labor Productivity Document to Resolve Disputes." The seminar will be held at the JW Marriott Starr Pass Resort & Spa in Tucson. Kim Tran to Speak on Employment law--Stafford Frey Cooper shareholder Kim Tran will present at the April 30, 2010 Washington State Bar Association’s 17th Annual Employment Law Institute (CLE). Ms. Tran’s topic will be: “What Does Ethnic Race Discrimination Mean in an Increasingly Diverse Workforce?” The event will be held at the Washington State Convention & Trade Center. To register, go to https://www.wsbacle.org/seminars_show.php?sdx=10401SEA. Anne Bremner, Ted Buck, and James Lynch to Assist Portland City Attorneys in Chasse Case-- To read the story which appeared in The Oregonian click Here Washington Law & Politics Magazine Names Stafford Frey Cooper Associate Attorneys “Rising Stars”—Washington Law & Politics Magazine has selected Stafford Frey Cooper associates Darrin Bailey, Karen Cobb and Tom Larkin for inclusion as “Rising Stars” in its November/December 2009 edition. Washington Law & Politics’ “Super Lawyers” division reports that it includes lawyers who have attained certain honors, results or credentials, that indicate a high degree of peer recognition or professional competence. We are proud that Darrin, Karen and Tom have been included on this list of Washington “Rising Stars.” Stafford Frey Cooper Hosts 2009 Employment Law Seminar-- On December 3, 2009, Stafford Frey Cooper attorneys Kim Tran, Michael Bolasina, and Kate Sadlon will conduct a seminar at the Grand Hyatt Seattle designed to keep business owners, managers, supervisors, administrators, and human resources professionals updated on employment law cases in Washington and federal courts. They will discuss the recent passage of Referendum 71 relating to registered domestic partnerships, as well as other developments in employment law this year (including the United States Supreme Court decision in Ricci et al. v. DeStafano relating to race discrimination). They will also address employment law concerns that arise when employers implement staffing changes to accommodate budget cuts. If you are interested in attending, please see our invitation, and contact Nancy Hunt at 206-667-8248 or nhunt@staffordfrey.com by December 1, 2009.
James Yand to speak at E-Discovery Conference-Stafford Frey Cooper shareholder James T. Yand will present at the November 18, 2009 Seattle, Washington National Business Institute seminar on Keeping Up with E-Discovery: "Defining Electronic Discovery." The seminar will be held at the Washington State Convention & Trade Center. To attend, call 800-930-6182 or go to www.nbi-sems.com. To view the brochure, click http://www.nbi-sems.com/Enbi/Brochurepdfs/50609.pdfJames Yand to speak on Electronic Discovery-Stafford Frey Cooper Shareholder James T. Yand will present on electronic discovery at an October 8, 2009 Washington State Association for Justice Legal Educational Seminar.  The seminar, which is titled "Metadata Mining: Peeling Off the Layers of Computer Generated Documents," will be held at WSAJ's headquarters in Seattle, located at 1809-7th Avenue, #403.  To attend, please e-mail seminars@wstla.org, call 800-732-9251, or go to www.washingtonjustice.org, keyword "seminar".Law and Politics Magazine / National Corporate Counsel Edition recognizes Anne Bremner and John Cooper— Law And Politics - National Corporate Counsel Edition (July/August 2009) recommends Anne Bremner and John Cooper of Stafford Frey Cooper in it's article, "Not the Usual Suspects Super Lawyers Goes Beyond Big Firms and Finds Great Lawyers from small and Midsize Firms." The article points to a recent headline, “Wall Street Lawyers Dumped for Lower-Priced Boutiques,” to highlight the fact that every day, in-house lawyers are cutting costs by downsizing their choice of outside counsel. We are proud that Anne and John are included in the recommended list, three-quarters of which is comprised of lawyers from solo, small, and mid-sized firms.Litigation Counsel of America Inducts SFC Shareholders as Fellows—The Litigation Counsel of America, an invitation-only trial lawyer honorary society, has inducted Stafford Frey Cooper shareholders Katherine M. Steele, Stephen P. Larson, and Danford D. Grant as Fellows.  Membership in the LCA is limited to less than one-half of one percent of American lawyers.  Fellows are selected for membership based on “effectiveness and accomplishment in litigation and trial work, along with ethical reputation.” Danford Grant to Author Treatise on Federal Court Practice-- Stafford Frey Cooper shareholder Danford Grant has been selected by James Publishing to author the third edition of the treatise Preparing for Trial in Federal Court.  This new edition will be published in 2010, and is a comprehensive practice guide for attorneys who try cases in federal court.Anne Bremner Now Writing Regular “City Brights” Blog on SeattlePI.com-- Stafford Frey Cooper Shareholder Anne Bremner has been asked to host a regular blog on the Seattle P-I website “City Brights,” which includes contributions from interesting and notable people who live in Seattle: writers, scientists, professors, attorneys, poets, business owners, travelers and musicians.  Ms. Bremner’s first blog entry can be read here:   http://blog.seattlepi.com/annebremner/archives/173102.asp Stafford Frey Cooper Attorneys to Speak at NBI-- Stafford Frey Cooper attorneys Jeffrey M. Grieff and Karen Cobb will present on September 24, 2009, in Seattle at the National Business Institute Seminar (CLE):  "Fundamental Probate Procedures and Practice."  Mr. Grieff and Ms. Cobb's topic will be "Getting Started: Initiating the Probate Process."  To attend, go to www.nbi.sems.com.Jeffrey Grieff to Speak on Entity Selection for Small to Medium-Sized Businesses--Stafford Frey Cooper attorney Jeffrey M. Grieff will present in Seattle at the September 14, 2009, National Business Institute Seminar (CLE): “LLC or Inc.? – Entity Selection for a Small to Medium Sized Business.” Mr. Grieff’s topics will be “LLC vs. a Corporation: What Are the Principal Non Tax Differences” and “S Corporation in Detail.” To attend, go to www.nbi-sems.com.CNN Headline Prime News Features Anne Bremner as Legal Analyst-- CNN Headline Prime News now features Stafford Frey Cooper Shareholder Anne Bremner as one of its regular legal analysts.  Anne also regularly appears on other national networks.Washington Law and Politics names Superlawyers-- Washington Law & Politics has listed Stafford Frey Cooper attorneys Anne Bremner, Ted Buck, Mike Bolasina, Richard Dykstra, Tom Frey and John Cooper Washington “Super Lawyers,” and Anne Bremner as one of the Top 50 Women Super Lawyers in Washington.  Super Lawyers are voted in by Washington State lawyers, and represent the top 5% of lawyers in the state.Jeffrey Grieff to Speak on Estate Planning Techniques-- Stafford Frey Cooper attorney Jeffrey M. Grieff will present at the August 14, 2009, Seattle National Business Institute Seminar (CLE):  “Top Estate Planning Techniques.”  Mr. Grieff’s topics will be “Advance Medical Directives” and “Wills.”  To attend, go to www.nbi-sems.com.Anne Bremner and Ron Bemis to speak at CLE Litigation Bootcamp-- Stafford Frey Cooper attorneys Anne Bremner and Ron Bemis will play important roles in the August 13, 2009 CLE "Litigation Boot Camp" sponsored by the Washington State Bar Association in Seattle. It will be chaired by Anne Bremner, and Ron Bemis will speak as well. The seminar will touch on each aspect of the trial process teaching young lawyers what to expect, what to do, and how to do it at each stage of the trial process. Topics will include: crafting a winning story for judge and jury selection; opening statement and demonstrative evidence; cross, direct, and re-direct examination; physical evidence, exhibits, and objections; expert witnesses: when and how to use them; and closing argument and post-trial issues.Kim Tran to Speak to USCG--  Stafford Frey Cooper shareholder Kim Tran will address the United States Coast Guard in Seattle on May 20th, 2009, in celebration of Asian Pacific American Heritage Month (May).Kim Tran to Speak to IPMA-HR--  On May 11th, 2009, Stafford Frey Cooper shareholder Kim Tran will present before the Western Washington Chapter of the International Public Management Association for Human Resources on “COBRA premium subsidy and Mental Health Parity.”James Yand to Speak on Records Management-- Stafford Frey Cooper shareholder James T. Yand will present at the July 24, 2009, Spokane, Washington Lorman CLE on  Document Retention and Destruction: "Consequences and Dangers of Electronic Records." To attend, e-mail customerservice@lorman.com or go to www.lorman.com. Anne Bremner to Speak at TEX-ABOTA-- Stafford Frey Cooper shareholder Anne Bremner has been invited to speak at TEX-ABOTA's annual CLE Roundup and board meeting at the Eldorado Hotel in Sante Fe, New Mexico, July, 2009. TEX-ABOTA is a statewide organization for all Texas chapters of the American Board of Trial Advocates, which is devoted to preserving and promoting the right to a trial by jury in civil cases. Anne's presentation will focus on high profile trials and media relations. 

James Yand to Speak at Three Upcoming Electronic Evidence Seminars-- On April 29, Stafford Frey Cooper shareholder Jim Yand will present “Admissibility of Electronic Evidence”at the Superior Court Judges Conference in Blaine Washington. Two days later, on May 1, 2009, he will present “eDiscovery and Electronic Records Management: Finding the Safe Harbor through Best Practices” at a CLE on Estate Planning in Walla Walla, Washington. Then, on May 7, 2009, Jim will present “Advanced E-Discovery” at WSBA’s Advanced E-Discovery Conference in Seattle. To attend any of these seminars, call Jim's assistant Nori at 206-623-9900.

Danford Grant and James Lynch to Speak at National Teleconference-- On May 8, 2009 Stafford Frey Cooper shareholder Danford Grant and associate James Lynch will present “How to Prepare Effective Federal Court Motions” at an NBI national teleconference.  The teleconference begins at 10:00 a.m. PT (1:00 p.m. ET), and lasts for 90 minutes.  To get additional information or to sign-up and attend, you can contact NBI here.

Danford Grant Authors Article in King County Bar Bulletin-- Stafford Frey Cooper shareholder Danford Grant authored an article in the March 2009 Bar Bulletin, the official publication of the King County Bar Association.  Dan's article, "The False Light Claim: A Tool to Challenge Internet Gossip," discusses the benefits of using a false light claim to recover damages arising from false and humiliating statements published on the Internet. Contact Dan with questions or comments about this or other privacy topics.

A. Richard Dykstra to Speak at Seminar-- Stafford Frey Cooper shareholder Richard Dykstra has been invited to discuss insurance issues at the upcoming seminar "The Liability of the Corporate Executive: Risk Management Strategies and Solutions."  The seminar, which will be held on May 8, 2009 at the Washington State Convention and Trade Center, will focus on the risks faced by corporate executives in these challenging economic times. For information about attending the seminar, please download the attached brochure, or contact Richard's assistant Emily Rayborn.

Jim Yand to Speak at Upcoming Seminars-- Stafford Frey Cooper Shareholder Jim Yand will speak at three continuing legal education seminars in February 2009. He will discuss "Metadata Mining" at the Seattle University School of Law on February 6, "Electronic Records for Design Professionals" at a DKS Associates CLE on February 11, and "Ten Tips for Troubled Times" at an American Subcontractor Association panel seminar on February 12.

Kim Tran receives Golden Circle Trailblazer Award for her Community Service-- Congratulations to Stafford Frey Cooper shareholder Kim Tran who will be honored with the Organization of Chinese Americans-Greater Seattle Chapter's 2009 Golden Circle Trailblazer Award, which is given to persons or groups who have demonstrated outstanding community service. Kim will be recognized at the Annual Lunar New Year and Golden Circle Awards on February 7, 2009.

A. Richard Dykstra to Speak at Insurance Seminar-- Stafford Frey Cooper shareholder Richard Dykstra will present "TGINE: Thank Gawd It's Not Erisa" at the Washington State Association for Justice's 31st Annual Insurance Law Seminar in Spokane on January 29 2009 and Tacoma on January 30 2009. Richard's presentation will focus in part on his work securing a reimbursement for a policyholder in Bordeaux, Inc. v. American Safety Insurance Company. For information about attending the seminar, please contact Richard's assistant Emily Rayborn.

J. William Ashbaugh to Speak at Construction Insurance CLE-- Stafford Frey Cooper shareholder Will Ashbaugh will speak about "Ethics in Insurance Disputes" at a National Business Institute (NBI) seminar titled "Construction Insurance and Disputes" at the Washington State Convention and Trade Center in Seattle on March 3, 2009.

Stafford Frey Cooper attorneys Tobin Dale, Stephanie Grassia, and Kim Tran named Washington "Rising Stars."-- Congratulations to Stafford Frey Cooper attorneys Tobin Dale, Stephanie Grassia, and Kim Tran for their selection as 2009 "Washington Rising Stars" by Washington Law & Politics magazine. Each year, the magazine invites Washington attorneys to nominate outstanding up-and-coming attorneys they've personally observed in action. No more than 2.5 percent of the total lawyers in Washington are listed as Rising Stars.

Stafford Frey Cooper Employment Group to Hold Seminar on Creating an Effective Technology Policy-- The Stafford Frey Cooper Employment Law Practice Group will hold another employment law briefing on Thursday, December 11th, 2008 from 8:30 to 11:00 a.m. at the Grand Hyatt in Seattle. This briefing, titled "Developing Employment Policies for E-Mail, Cell Phones, Instant Messaging, and Text Messaging," will focus on the need for effective technology policies and various privacy issues that arise in the workplace when companies provide employees with cell phones and other devices that allow instant messaging. We will update attendees on recent cases and discuss how e-mails and cell phone use make frequent appearances in employment investigations. This briefing will include presentations by Stafford Frey Cooper shareholders Mike Bolasina, Danford Grant, and Kim Tran. For additional information or to attend, please contact Nancy Hunt.

Kim Tran selected by NAPABA as One of the "Best Lawyers Under 40."-- Congratulations to Stafford Frey Cooper shareholder Kim Tran for her selection by the National Asian Pacific American Bar Association as one of the Best Lawyers Under 40. Kim is one of 18 lawyers from around the country to receive this recognition this year. Kim will honored at NAPABA's 20th Annual Convention, "Building on our Legacy: 20 Years of NAPABA" to be held in Seattle from November 19-23, 2008. The purpose of NAPABA's "Best Lawyers Under 40" award is to recognize talented individuals within the Asian Pacific American legal community under the age of 40 who have achieved prominence and distinction in their fields of endeavor - be it the practice of law, academia, business, civic and charitable affairs, the judiciary, or politics - and have demonstrated a strong commitment to civic or community affairs.

Jim Yand to Present on Technology Issues at Upcoming Conferences-- Stafford Frey Cooper shareholder Jim Yand will speak on various technology issues at three upcoming conferences in December. On December 5, 2008, Jim will provide a CLE at Seattle University School of Law regarding his recent article on Metadata Mining appearing in the September 2008 WSBA Bar News. Then on December 8, 2008, Jim will discuss the "Leading New Technology in Courts of Limited Jurisdiction" at the Presiding Judges Conference in Grand Mound, Washington. On December 10, 2008, Jim will discuss various ethical dilemmas related to the unintended disclosure of electronic information at a WSTLA CLE titled "Ethics: Watch Out!" This CLE will be held at the Washington State Convention Center in Seattle, Washington.

J. William Ashbaugh to Speak at Insurance CLE-- Stafford Frey Cooper shareholder Will Ashbaugh will speak at A National Business Institute (NBI) seminar titled "Effective Handling of CGL & Property Insurance Claims" at the Washington State Convention and Trade Center in Seattle on December 9, 2008. In the morning he will discuss "The Distinctive Nature of Insurance Policies," and in the afternoon he will discuss various ethical issues faced by attorneys in the insurance context.

Employment Seminar on Workplace Speech During Election Season-- The Stafford Frey Cooper Employment Law Practice Group will hold its semi-annual employment law briefing on Thursday, September 25th, 2008 at the Grand Hyatt in Seattle. The briefing will highlight issues arising from protected speech during election season, and include presentations by shareholders Kim Tran, Mike Bolasina, and Heather Carr. For additional information or to attend, please contact Nancy Hunt.

Ken Hobbs to Speak at Insurance Law Conference-- Stafford Frey Cooper shareholder Ken Hobbs will speak at The Seminar Group's Insurance in the Construction Industry Conference at the Bellevue Downtown Courtyard by Marriott in Bellevue on October 16 and 17, 2008. Ken will discuss "The Great American vs. Assurance Decision: Is Boeing v. Aetna Dead or Dying?" at 2:00 p.m. on October 17.

Heather Carr to Chair Seminar on Motions Practice-- Stafford Frey Cooper shareholder Heather Carr will chair a WDTL seminar titled "Hands on Motions Practice" at Seattle University School of Law on November 7, 2008. The full-day seminar will focus on effective advocacy and the use of technology, and will feature several retired judges as speakers.

Heather Carr to Chair WDTL Pro Bono Committee-- Stafford Frey Cooper shareholder Heather Carr has been selected by the Washington Defense Trial Lawyers to chair its pro bono committee. Her appointment begins on September 22, 2008 and lasts for one year. The committee coordinates attorney involvement in pro bono and community service opportunities throughout the state, including projects with Habitat for Humanity and schools in historically under-funded districts.

James Yand Authors Cover Article in Washington State Bar News-- Stafford Frey Cooper shareholder James Yand authored the cover article in the September 2008 BarNews, the official publication of the Washington State Bar Association. Jim's article, The Mining of Metadata, discusses the ethical dangers for attorneys who seek to discover hidden information in electronic documents and the need to protect against such unintended disclosures. Contact Jim with questions or comments regarding this topic.

Anne Bremner to Chair Upcoming WSBA CLE-- Stafford Frey Cooper shareholder Anne Bremner will chair a WSBA CLE that will highlight high profile cases tried by Washington lawyers on October 24, 2008 at the Washington State Convention Center. Key note Speaker Paul Luvera will join leading plaintiff and defense attorneys to give their perspective on trying some of the State's most high profile cases. Besides chairing this CLE, Ms. Bremner will also speak about the many high profile cases she has tried.

Danford Grant to Speak at Upcoming Federal Practice Seminar-- Stafford Frey Cooper shareholder Danford Grant will speak at the National Business Institute seminar Effective Federal Pre-Trial Practice on September 24, 2008 at the Westin Hotel in Seattle. In the morning Dan will discuss techniques and strategies for effective discovery, and then in the afternoon he will discuss techniques and strategies for effective motions.

Richard Dykstra to Speak at Annual Construction Law Conference-- Stafford Frey Cooper shareholder Richard Dykstra will speak about "Contractors Liability & Builders Risk Coverage" at The Seminar Group's 15th Annual Construction Law Conference at the Red Lion Hotel in Seattle on September 18 and 19, 2008.

Jeffrey M. Grieff Authors Section in a WSBA Publication-- Stafford Frey Cooper attorney Jeff Grieff authored a practice section in the WSBA Law Office Management's publication for Washington lawyers on how to select the best business entity option (GP, LLP, LLC, PLLC, PS, "S" and "C" Corporation) for their law practice.

Anne Bremner to give Presentation at National Fire Training Academy in Emmitsburg, Maryland-- Stafford Frey Cooper shareholder Anne Bremner will speak at the November, 2008 TRADE conference at the National Fire Academy in Emmitsburg, Maryland. The national TRADE conference provides structured opportunities for the exchange of fire-related training and educational materials. The TRADE network consists of the directors of the 50 State Fire Service Training Systems and senior executive training officers from the Nation's largest fire departments. Metropolitan fire department TRADE representatives are from the largest fire departments in each State or those fire departments that protect populations greater than 200,000 or have more than 400 uniformed personnel.

Washington Court Upholds Policyholder's Right to be Reimbursed for Deductibles-- The Washington Court of Appeals, Div. I, ruled in Bordeaux Inc. v. American Safety Ins., (No. 59947-I) that an insured real estate developer was entitled to keep money recovered on its claims against subcontractors responsible for defective construction. Specifically, the court held that before an insurer is entitled to share any recovery under the theory of subrogation, it must reimburse the real estate developer for the self insured retention ("SIR") (a type of deductible) so the developer will be "made whole." In Bordeaux, the insured developer was represented by SFC attorneys A. Richard Dykstra and Stephanie L Grassia. Bordeaux was the developer of a residential condominium which was sued by a homeowners association alleging that the building had sustained damage due to construction defects. Bordeaux submitted the HOA claims to two of its general liability insurance companies, who acknowledged a duty to defend, but required that Bordeaux pay the first $100,000 as its "self insured retention" ("SIR" - a form of deductible). When the case with the HOA approached settlement, one of the insurers (American Safety) insisted that Bordeaux had to contribute an additional $100,000 before it would contribute to settlement. Bordeaux paid under protest, and brought suit against American Safety to recover the additional $100,000, and requested a court declaration that it was also entitled to keep the proceeds of its claims against its subcontractors until it had been made whole for its SIR. The King County Superior Court agreed with Bordeaux's interpretation of the policy and also awarded it the $100,000 paid in settlement, plus interest and attorneys fees, and American Safety appealed. The Court of Appeals agreed with Bordeaux that under Washington's law related to subrogation that an insured was entitled to keep money recovered on claims against responsible parties until the insured had been paid back all of its losses. The Court rejected the argument that a deductible or SIR was treated like "primary insurance" for purposes of reimbursement. The Court also agreed with Bordeaux that under the language of the policy it only had to pay one "SIR", and ruled that Bordeaux was entitled to repayment from American Safety for the amount it paid to settle with the HOA, as well as its attorneys fees. This decision gives policyholders an important right to be reimbursed for losses that are caused by another's fault. For additional information about this case or other insurance coverage matters, please contact A. Richard Dyksta.

Washington Supreme Court Limits Application of State Privacy Act-- On July 14, 2008 the Washington Supreme Court placed important limits on the State's Privacy Act, which is codified at Chapter 9.73 RCW. Previously, the Court had declared that the Act is one of the most restrictive electronic surveillance laws ever promulgated. As the Court demonstrated in State v. Modica, No. 79767-6 (2008), however, the Act is not without limitations. Desmond Modica was arrested for assaulting his wife. In an effort to keep his wife from appearing in court to testify against him, Modica used a telephone at the county jail on several occasions to enlist the help of his grandmother and discuss a scheme to keep his wife out of court. Near the jail's telephone was a sign warning that calls would be recorded. Each time Modica called his grandmother, an automated message reinforced the warning, stating that "[t]his call will be recorded and subject to monitoring at any time." When prosecutors had difficulty arranging for Modica's wife to appear as a witness, they began listening to recordings of Modica's phone conversations. When they heard Modica and his grandmother discussing their scheme to keep the wife from testifying, prosecutors added a witness tampering charge to the pending case against Modica. Washington's Privacy Act prohibits intercepting a private communication without the consent of all the participants. RCW 9.73.030(1). Although the Court noted the strength of the Privacy Act's protections, it held that the act did not prevent the jail from recording Modica's telephone conversations because those conversations were not "private." To determine if a telephone conversation is "private," the court stated that the parties must not only subjectively believe that their conversation is private, but that the expectation must be reasonable. In evaluating the reasonableness of an expectation of privacy, courts consider the subject matter of the calls, the location of the participants, the potential presence of third parties, and the role of the interloper. This constitutional-like analysis regarding privacy instead of a more general interpretation of the meaning of "privacy" seems to limit the protections available under the Act. For example, the Court could have decided that a call between family members like a grandson and grandmother (or husband and wife) is private in nature, and then focused on the issue of whether the signs, recorded warnings, and setting amounted to an implied consent to be recorded. It's unclear, but the Court may have been unwilling to focus on consent because the grandmother's implied consent could have been harder to prove than Modica's consent, and under the Act all the parties to the conversation must consent. Modica even had conversations with his grandmother about being recorded, which bolstered the courts conclusion that Modica did not have a reasonable expectation of privacy in the calls (and at the same time it was likely that he and his grandmother both gave their implied consent, although the court did not address this). Although signs or automatic recordings notifying the parties that a call may be recorded or monitored do not, standing alone, defeat a reasonable expectation of privacy, they may weigh against that expectation depending on the context of a particular communication. In the end, the court concluded that Modica had no reasonable expectation of privacy in his jailhouse phone calls because the sign by the phone put him on notice that his calls would be monitored, the automated warnings reinforced that notice, and the jailhouse setting and the need for jail security rendered any expectation of privacy unreasonable. For more information about this case and other privacy issues, contact Dan Grant or James Lynch.

Court Orders Google to Release YouTube User Data-- On July 2, 2008 a federal judge in New York ordered Google to provide Viacom with a database connecting users with the videos they have viewed on YouTube. The court order was issued in Viacom's copyright infringement lawsuit against Google. Notably, releasing the information in response to an order may not protect Google from claims by users in Europe, and even in the U.S. the loss of goodwill from the release could be severe. Apparently recognizing the potential fallout, Google has reportedly asked Viacom to allow it to anonymize the data before handing it over by redacting user names and IP addresses. Theoretically, the only thing Viacom should care about in a suit against Google is whether users viewed copyrighted material made available by YouTube, not the identity of the particular users. Viacom is apparently considering the request, but has not yet decided whether it will agree to the redaction. Obviously, this court order adds fuel to the growing concern of many over the amounts of electronic data containing personal information compiled by Google and other entities. For more information about this case or other internet privacy issues, please contact Dan Grant.

New Washington Law Protects Against Disclosure of Wireless Numbers-- On June 12, 2008 a new law (SSHB 2479) took effect in Washington that protects against the disclosure of wireless telephone numbers. The law will be codified in RCW Chapter 19.250. Subject to the usual exceptions for law enforcement, fire, billing, etc., the new law prohibits a radio communications service company from including a subscriber's wireless telephone number in a directory or from selling a database of wireless numbers without first obtaining the wireless subscriber's express opt-in consent. The law also requires a directory provider to investigate whether numbers in its directory are wireless phone numbers, and if they are, the law prohibits the directory provider from including the wireless number in its directory without obtaining express opt-in consent. A violation of the new law is a violation of the Washington Consumer Protection Act (RCW Chapter 19.86).

Washington State Supreme Court Issues Decision Favorable for Certain Workers Seeking Unemployment Compensation.-- On June 19, 2008, the Washington Supreme Court issued a decision that employees who voluntarily leave their jobs for "good cause" may be entitled to unemployment benefits under Washington's Unemployment Compensation Act, even if the employee's reason for leaving her job is not one of the reasons specifically listed in RCW 50.20.050(2)(b)(i)-(x). In the consolidated cases of Spain v. Employment Security Department, No. 79878-8, and Batey v. Employment Security Department, No. 79878-8 (Filed June 19, 2008), plaintiffs Sara Spain and Kusum Batey were denied benefits after leaving their jobs because each found her employer to be "unbearable." The court considered the meaning of "good cause" and concluded that the non-disqualifying reasons for leaving a job listed in RCW 50.20.050(2)(b)(i)-(x) was not an exhaustive list, and the Department should go beyond the list and review the worker's "unique personal circumstances" to determine if an individual had "good cause" to leave her position. For more information about this case or other employment issues, please contact Kate Sadlon.

9th Circuit Rules Employer Cannot Review Employee Text Messages.-- The 9th Circuit Court of Appeals ruled today that a government employer cannot review an employee's text messages on an employer issued pager, without the employee's consent. In Quon v. Arch Wireless Operating Co., No. 07-55282 (9th Cir. June 18, 2008), the court concluded that the City of Ontario (California) police department violated the privacy rights of several employees (including two police Sergeants) under the U.S. and California Constitutions. Although this case involved a government employer, it is also important to private employers in California because the California constitution applies to private employers in California. The court placed particular emphasis on the reasonable expectation of privacy created by the employer's informal policy and behavior. The court also concluded that the service provider, Arch Wireless, violated the Stored Communications Act (SCA) by providing the police department with the employee's text messages. The court held that Arch is an electronic communications service (ECS) and not a remote computing service (RCS), and therefore violated the SCA when it provided transcripts of the messages to the employer, which was an entity other than the "addressee or intended recipient" of the messages. To learn more about this opinion or privacy rights in the workplace, contact Dan Grant.

Record $3 Million Child Sex Abuse Settlement Achieved by Stafford Frey Cooper Attorneys.-- Stafford Frey Cooper attorney Anne Bremner, together with Ron Bemis and others, achieved a court-approved record settlement against the Seattle School District for its failure to protect two students from sexual molestation by its former 5th grade teacher. The included award of $2.5 million to the most severely damaged girl is the largest reported single victim sex abuse recovery of its kind in Washington State. For more details, see full press release.

Anne Bremner Inducted into International Academy of Trial Lawyers-- Stafford Frey Cooper attorney Anne Bremner, has been inducted into what is widely regarded as the most exclusive and prestigious trial lawyer group in the world, the International Academy of Trial Lawyers (IATL).

Call to Active Duty-- Uncle Sam said, "Dear Nephew- Your Country needs you" to Tobin Dale, a shareholder at the firm and a Captain in the U.S. Army (Reserve) JAG Corps. In late 2007, Tobin was called to active duty in the Army for a one-year deployment at Ft. Hood, Texas. Tobin is being deployed with other soldiers from his unit, the 6th JAG Det. (LSO) based at Ft. Lawton, Washington. At Ft. Hood, they will be serving as the Trial Counsel (handling court-martials), as well as operating the Legal Assistance office and the Administrative Law department.

Seattle Women's Commission-- In February 2007, Stafford Frey Cooper attorney Kim Tran was appointed by Mayor Greg Nickels, and confirmed by the Seattle City Council, to serve on the Seattle Women's Commission. The Seattle Women's Commissions serves in an advisory capacity to the Mayor, City Council and other City departments with respect to matters concerning women.

Asian Counseling Referral Service--In February 2007, Stafford Frey Cooper attorney Kim Tran was recently elected as President of the Board of Directors of the Asian Counseling Referral Service (ACRS). ACRS is the largest social service agency in Washington dedicated to assisting the Asian Pacific American community. With a $10M annual budget, ACRS programs serve more than 20,000 individuals each year. ACRS just broke ground on a new building, slated to open in March 2008. For the last seven years Kim has volunteered as a naturalization teacher for ACRS, helping dozens of individuals become citizens.