Defended a bus company in a transportation law matter. The Personal Representative of the Decedent, the estranged husband, filed a wrongful death claim against our clients, a bus company and the driver, on the basis that the decedent was struck and killed while allegedly crossing an unlit crosswalk at night and in the rain. We successfully mitigated the Personal Representative’s (e.g., the estranged husband’s) 10 million dollar claim through mediation by arguing, with merit, that the defunct marriage doctrine significantly weakened the Personal Representative’s status as a statutory beneficiary.
Fraud
Represented an insurer which was being sued for breach of contract, bad faith, Insurance Fair Conduct Act, and Consumer Protection Act damages following a fire at his residence alleging he was owed additional money under his policy and that the insurer's delays caused him substantial financial harm. The insurer prevailed on a motion for judgment as a matter of law and subsequent motion for reconsideration following the late discovery of plaintiff’s insurance fraud involving a forged lease.
Arson
Defended an insurer of a small business in an insurance coverage faith matter. The plaintiff owner/insured also brought Consumer Protection Act, bad faith and Insurance Fair Conduct Act claims when she sued. An arson fire had destroyed the business, and the owner made claims for loss of the building, its contents, and its lost revenue. Our client denied the claim, and the owner/insured sued for coverage and bad faith damages. The owner/insured asked the jury to award $6 million in damages and punitive damages. The jury found for our client, and awarded nothing to the owner/insured.
Restraining Order
Represented an internet company in litigation arising out of our client's troubled acquisition of websites, domain names and proprietary technology of an internet advertising company active in 53 countries with exposure to 72 million users. The case settled favorably after we obtained a series of temporary restraining orders prohibiting the former owners from implementing a threatened transfer of the websites and proprietary technology offshore or accessing its domain control panels through third parties.
General Counsel. We offer creative, value-based fee arrangements for risk management. We support all sizes of firms on their day-to-day legal needs. We act as strategic business counsel. From contract drafting, negotiation and review, to corporate law and employment matters, and other general counseling activities, we develop a deep understanding of our clients’ businesses and align our efforts to steer clients successfully to their goals.
Mergers and Acquisitions
Mergers & Acquisitions. With our knowledge of the industry, we are able to further our clients’ interests (both buyers and sellers) to create win-win transactions that result in long term success.
Business Formation
We defend lawsuits and disciplinary proceedings on behalf of a broad range of professionals including attorneys, real estate brokers and agents, title and escrow companies, CPAs, insurance brokers and agents, and insurance claims handlers. We also represent nurses, psychologists, dentists and orthodontists, and other non-M.D. medical professionals in both litigation and disciplinary proceedings. Professional liability claims arise in many substantive areas. Our firm capabilities in the transactional arena―in particular, real estate, business formation and transactions, and tax and estate planning―are often invaluable to our ability to understand and successfully defend our clients.
Business Disputes
We represent lenders, servicers and investors in both routine and complex mortgage and real property litigation. We are experienced in efficiently handling judicial foreclosures and suits on the note as well as more complicated lender liability and wrongful foreclosure defenses, Real Estate Settlement Procedures Act (RESPA) claims, fraud claims, unfair trade practices defenses, title disputes, REO contract disputes and bankruptcy litigation.
Business Transactions
Purchases and sales of goods in commerce and the use of personal property as collateral in financing transactions are governed by rules of law codified in what is commonly referred to as the Uniform Commercial Code, or “UCC.” The Uniform Commercial Code has been adopted with local variations in every state in the United States. Betts Patterson Mines attorneys advise business clients who are involved in commercial transactions in understanding the applicable rules and preparing the contract documents that govern the terms of the transaction. We also represent lenders and borrowers in documenting commercial loans secured by personal property, including term loans and commercial lines of credit. Enforcement of lenders’ rights under the loan documents and the protection of debtors in default are an integral part of the commercial transactions practice. BPM also offers assistance to clients involved in international commercial transactions through a network of law firms and attorneys in over thirty foreign countries.
Limited Liability Companies
Some of the techniques we use in drawing up estate plans include: gifts, undivided interests in real property, family limited liability companies or partnerships, private annuities, retirement plan and IRA benefits, and generation skipping trusts, insurance, qualified personal residence trusts and grantor retained annuity trusts as well as private charitable foundations. In creating gift and estate plans for each unique circumstance, we use a variety of legal documents such as...
Trade Secrets
Intellectual Property. We counsel firms on proper protection measures for intellectual property including trade secret protection, trademark registration, and copyright registration.
Prevailed in a summary judgment motion in a wrongful termination in violation of public policy case in a lawsuit we removed to Federal Court in Eastern Washington. .
Employment Discrimination
Represented a nursing home in a race and age discrimination case which was dismissed on summary judgment. That dismissal was upheld by the 9th Circuit Court of Appeals.
Employment Litigation
We have been privileged to represent numerous foundations in employment claims, governance disputes and other lawsuits challenging leadership actions. Our defense of homeowners’ associations includes cases ranging from allegations of board malpractice, failure to disclose required information in unit sales, violations of view protection covenants, discrimination, and violations of the covenants and other governing documents. Our defense of religious institutions includes claims of sexual abuse, injuries sustained on Church property, employment practices, and challenges to Church leadership.
Sexual Harassment
Represented a non-profit in a sexual harassment complaint filed in Federal Court that was dismissed on summary judgment on the basis that the alleged harassment was not severe and pervasive.
Litigation and arbitration of real property disputes including quiet title actions, condemnations, adverse possession and boundary disputes
Premises Liability
Obtained a defense verdict for a Church in a premises liability case involving a tree that fell on a member’s vehicle as they were parking on the Church lot.
Construction Litigation
Betts Patterson Mines’ construction team represents owners, developers, declarants, contractors, and suppliers in private and public construction disputes. From contract negotiation to trial work, our construction law attorneys are committed to providing responsive, knowledgeable and efficient legal services to the client. Although we strive to informally resolve disputes, we stand ready to move forward with litigation when necessary.
Real Estate Transactions
Business acquisitions and disposition, including real estate purchases, sales and leasing transactions, and contract document preparation
Eminent Domain
Defended a property owner in an eminent domain proceeding in which Sound Transit was the condemning authority. Sound Transit was seeking to permanently or temporarily condemn our client’s property for the purposes of constructing the Central Transit Light Rail system. We were able to successfully and favorably mediate two condemnation claims filed against our client, which resulted in our client being fairly compensated for damages incurred through and as a result of Sound Transit’s use, interruption and taking of our client’s properties.
Land Use and Zoning
Landlord-Tenant Disputes
Property Damage
Property damage claims, including disputes involving damaged or delayed cargo, the collection of overdue freight charges, freight loss and damages claims, maritime subrogation, and maritime salvage and liens
Condominium Law
Defended a developer / declarant in a condominium conversion case. Condominium Owner’s Association filed suit against developer/declarant seeking damages for construction defects and breach of duties under the Washington Condominium Act and Washington Consumer Protection Act. The trial court granted the declarant’s motion for partial summary judgment, thereby dismissing the Condominium Owner Association’s claims for violation of the Washington Consumer Protection Act; misrepresentation, and for failure to deliver a Public Offering Statement. This victory resulted in the dismissal of over $1.4 million in claimed damages.
Our attorneys have represented individuals and companies in disputes ranging from intellectual property and Indian law to personal injury and product and professional liability. We identify our client’s objectives, then work to achieve positive results. Our experienced attorneys have successfully resolved numerous claims out of court, and have vigorously defended numerous other claims in trial and appellate courts throughout Washington.
The BPM tax group has extensive estate planning practices which concentrate on transferring property among family members in the most tax efficient manner consistent with the desires of the client. Counseling clients on the disposition of their assets, whether by lifetime transfers or transfers which will take effect on death, requires the ability to determine a client’s true objectives as well as the confidence to challenge a client on his or her preconceived notions on how to meet those objectives by recommending alternative methods. The BPM Tax Group has the experience and talent to design a plan to best meet the client’s objectives and assist in the implementation of the plan.
Wills
Designed many Tax Exemption Trust and Marital Trust estate plans within Wills and Trusts to deal with unpredictable tax laws;
Trusts
Our Estate planning attorneys work daily with the unique planning opportunities of each individual client considering age, health, marital status, children, step-children, in-laws, descendants, parents, significant others, charities, real estate, farms and ranches, securities, insurance, businesses, investments, retirement, liabilities, and contingent and possible liabilities in the context of the current uncertainty as to the estate tax laws and the instability of relevant state laws. Estate and trust administration includes advice to executors and trustees in quickly and efficiently dealing with and planning for property disclaimers, valuations, sales, taxation, contaminated property and prompt transfers and distributions to beneficiaries or trusts. Our clients often face difficult business succession issues, and we have extensive experience in resolving those issues for partnerships, S and C corporations, and limited liability companies.
Power of Attorney
Unfortunately, litigation can arise in the estate context with creditor claims, disputes as to fiduciary responsibility, will and trust interpretation, undue influence and incapacity in formation of Wills and Trusts, Will Agreements and de facto Will Agreements, caregiver and other outside influences on elderly or ill family members, rights of parties under joint accounts with right of survivorship as well as under Powers of Attorney. Tax disputes sometimes arise over lifetime transfers, valuations and technical property issues.
Defended a financial institution in a disputed foreclosure action. Plaintiff originally brought an action against the defendants in state court relating to the refinancing of his home mortgage. The defendants removed the action to federal court. The court determined that the plaintiff had failed to meaningfully prosecute his case and dismissed the action against the defendants.