JDSA's Law Talk

You do work, but you don’t get paid. It happens often in the construction industry. But there is a legal mechanism that can help you. Depending on where you live, it may be called a construction lien, or property lien. So, what is it, how do you engage - or avoid - this legal action, and how might it affect your rights. In this episode of JDSA’s Law Talk, attorney Matthew Hitchcock discusses what you need to understand about Contractor’s Lien Rights – and The Importance of Perfection.

Workplace Discrimination is an all too common topic. Partly, it’s because people have become more empowered to stop and report what they see as unfair treatment of themselves, or others. But what really is the definition of workplace discrimination? How do we know what is or isn’t actual discrimination under the law? How are companies protected? And how should employers act to protect their employees? In this episode of JDSA’s Law Talk, attorney Stephanie Boehl joins the show to discuss Workplace Discrimination – And What You Need to Know About It.

Your ideas have value. And if you want to earn a living from your ideas, you need to own them and control them. If you create the next big thing, you’ll likely want to create the next, Next Big Thing. So, in order to keep creating, you need to license your ideas – your intellectual property – and let others sell it for you. But, now you have to sort out license scope, revenues, timelines, enforcement, and more. And that’s when you learn, licensing intellectual property is exactly as complex as it sounds. In this episode of JDSA’s Law Talk, attorney Colleen Frei offers Five Tips for Licensing Intellectual Property.

When you buy a property, it’s yours, correct? No one can come on your property. But can the utility company have access? It’s possible they can, because of an encumbrance. An encumbrance allows access for a variety of reasons. Some are voluntary, while others - such as a utility easement - are involuntary. All are perfectly legal, yet some may deter you from purchasing a property. In this episode of JDSA’s Law Talk, attorney Matthew Hitchcock discusses what you need to understand about Encumbrances – and The Issues They May Cause.

Your property. Before it was yours, it was someone else’s. Over the years, as properties change hands, assumptions are made about borders such as existing fences or landscape boundaries. So, what if you have a border dispute with your neighbor? Do you know who has a right to come onto your property, and why? Do you know for certain where your property boundary is? In this episode of JDSA’s Law Talk, attorney Matthew Hitchcock talks about dispute resolutions, property boundaries, and the importance of surveying.

It’s difficult for most people to discuss estate planning. But, it’s important we make the tough decisions ourselves - especially if we have a family. Decisions like, what if both parents die in an accident? Who will take care of the kids? What about our furry and feathered family members? Can we legally give someone our passwords for our digital identities? What if we’re on life support? None of these questions should be left to the courts, and they are all covered in this episode of JDSA’s Law Talk as attorney Colleen Frei discusses some Uncomfortable—But Necessary—Questions About Estate Planning.

Your property. Before it was yours, it was someone else’s. Over the years, as properties change hands, assumptions are made about borders such as existing fences or landscape boundaries. So, what if you have a border dispute with your neighbor? Do you know who has a right to come onto your property, and why? Do you know for certain where your property boundary is? In this episode of JDSA’s Law Talk, attorney Matthew Hitchcock talks about dispute resolutions, property boundaries, and the importance of surveying.

Social media is a huge part of our lives. Most of us are on Facebook, Twitter, Pinterest, Snapchat…and Instagram. We all, likely, follow people who post things that interest us. When they become highly popular and develop a loyal following, they can become known as influencers – but that can also be you! If you have a lot of followers on social media, and suddenly a company wants you to post stories about their products—your life can change—as instantly as a post can appear online. But what do you need to know about negotiating a contract to get paid to post? What are the best tactics? And what should be a red flag in any negotiation? In this special feature podcast, JDSA attorney Annie Robertson gives a detailed explanation of top negotiating skills, contract pitfalls, and what you should expect as a social media influencer – in Business on the ‘Gram.

A will is your first step to being prepared for when you are gone. It’s something you do to protect your loved ones. But what about the taxes that are collected when you pass? What will your heirs end up with after the government receives their portion? Estate tax is complex. Careful planning, however, is how you protect those you leave behind from potentially excessive estate taxes. In this podcast episode, JDSA attorney Evan McCauley explains the things most of us likely don’t know about estate tax - and how to minimize the impact on your loved ones – in this episode, Estate Tax: Will Your Estate Have To Pay?

Season 3, Episode 22 – Family disputes happen all the time. Siblings don’t always get along. And we all have “that” aunt or uncle. But when family members have a disagreement about the family estate, trust or other assets, hostility can further complicate the matter. So, how are estate and trust disputes resolved? Does everyone have a day in court? Or is there a more conciliatory method of dispute resolution that is a win-win for all parties? In this podcast episode, filled with thought-provoking examples, JDSA attorney Evan McCauley explains how disputes can be resolved while still maintaining family harmony in Using TEDRA Agreements to Settle Estate and Trust Disputes.

Season 3, Episode 18 – Product recalls are an increasingly frequent occurrence. Sometimes they involve product safety; other times they may involve situations such as food contamination. But have you ever thought about what the grower, manufacturer, or the retailer has to do when there’s a recall? Who shoulders the cost of pulling everything from the shelves? What other costs result from the issue? If you’re in the agriculture industry, manufacturing, or retail sector, you will want to listen to this podcast. JDSA attorney Colleen Frei discusses the importance of not only having insurance, but knowing for certain your policies are the right ones—to protect yourself—and cover unexpected expenses. Listen in, and get the details in this episode of JDSA’s Law Talk podcast highlighting Product Liability and Recalls – Is Your Business Protected?

The Epic Systems case is a recent United States Supreme Court decision that could have a significant impact on businesses and employees throughout the country. But is it good or bad for you? The Supreme Court has ruled that companies can use an arbitration clause in an employment contract. So, instead of going to court, employees may have to resolve disputes with their employer through arbitration. Is this good for employees? Or is it entirely lop-sided, and all in the favor of the company? This makes for a hot topic, and why you want to hear this podcast episode. Listen in as JDSA attorney Colleen Frei explains the new U.S. Supreme Court ruling and how it can affect you, in Arbitration — The Impact of Employment Dispute Resolution Agreements.

There’s a lot of work that goes into getting ready for a court case. And something you may never have thought of, is where it will take place. How much does the venue where your case is heard matter? Could the outcome be affected? What’s the criteria for deciding the location, and who makes the final determination about what courtroom, what judge—and in what county—your case will be tried. It’s an important piece of the legal puzzle, and something your attorney takes into consideration. In this podcast episode, JDSA attorney Jordan Miller explores The Importance of a Proper Legal Venue.

The most important job in your company could be replacing a top person. In any company—large or small, corporate or family business—there will come a time when the CEO or another high-ranking leader will retire, or move on. Sometimes the departure is sudden and unexpected. Who will fill those shoes? Is there someone inside your company ready to take the lead? Or do you need to look outside the organization? How do you plan for this company-changing event? And when should you start thinking about it? In this podcast episode, JDSA attorney Colleen Frei talks about grooming leadership for the future health of your business in Succession Planning – And Why It’s Critical For Business Success.

Divorce and Taxes. You can’t have one without the other. Recent changes to the Federal tax code will impact the taxation of spousal support, and the changes are as complex as a divorce itself. So, what’s changing? Who gets to pay more tax? Could the changes affect the amount a person pays or receives? And what does it all mean in the grander scheme of filing your income tax? In this special podcast episode, JDSA attorneys Jordan Miller and Lindsey Weidenbach bring together their individual areas of practice to explain and simplify the topic of Tax Rules and Alimony - Changes Impacting Spousal Support.

Stop what you’re doing – right now! That, essentially, is the most basic thought when it comes to a cease and desist order. In business, your brand - your commercial identity - is all you have to define you. It tells others that you are what they want. So when another company or organization piggybacks on your brand - by using your name or identity - you will likely issue a cease and desist order - to tell them to stop immediately. But those can backfire if you are too harsh. In our era of digital and social media, you have to be creative, or crafty. In this podcast episode filled with interesting examples, JDSA attorney Sally White explores the new necessity in business: Creative Approaches to Cease and Desist Communications.

Get it in writing. That’s the common tip people give when someone is hiring a contractor.“You’ll thank me”, is usually the last piece of the conversation. But is there more to hiring a contractor than just a written quote? You bet your hammer and nails there is! Firstly, what is the legal definition of a contractor? How much homework do you really need to do? What licenses should your contractor have? Insurance? References? Worker’s Compensation? Who resolves a problem or dispute? There’s definitely more to hiring a contractor than just a written quote. JDSA Attorney Matthew Hitchcock gives us important ideas to build on in this podcast titled Tips for Hiring a Construction Contractor.

Grandparents now have rights. If that statement surprises you, it is likely you have never had to go to court to see your grandchild. There are changes in Washington State’s child custody laws, and it can directly affect grandparents, stepparents, and other relatives. So, do you now have the right to visitation? You may. But what exactly does “visitation” mean? How do you petition the court? What are the new rules? In this podcast episode filled with new and important information, JDSA attorney Jordan Miller explains the latest developments in Washington’s child custody and visitation laws in, Child Custody – Changes in Non-Parental Visitation Rights.

Instructions aren’t just for assembling the patio furniture. In business, your company’s Employee Handbook is your instruction manual for success. But what goes in your Employee Handbook? What are the should-includes, the must-haves, and the you-can’t-dictate-thats? Does your company’s Employee Handbook really need to be more than dress code, work hours, and where the fire exits are found? Do you need to speak with an attorney? Or can you write it yourself? In this second of two-parts podcast, JDSA attorney Todd Kiesz turns the page on Tips for Creating an Effective Employee Handbook.

First day on the job. It is daunting for anyone. A new employee has a lot to absorb, and a business owner has high expectations. What can help things go smoothly for the employee and the employer? Item number one: the Employee Handbook. A clearly written Employee Handbook is also a valuable resource detailing an employer’s expectations, company regulations, dress code, accepted behavior, and more. When everyone is on the same page, the employment story can properly take place. In this first of a two-part podcast, JDSA attorney Todd Kiesz opens the book on Employee Handbooks – and Why They’re Important.

Coffee, milk, honey, tea. They’re all natural, right? Are you certain? What about your morning cereal? The jam you spread on your toast? You read the label, so you’re confident you know what you’re eating. Should you be? Sometimes the label on your food may not be the food on your plate. And if that’s possible, who ensures the label accurately reflects what’s in the package – the producer, the manufacturer, or the distributor? In this podcast episode, JDSA attorney Sally White clarifies: The Dangers of Mislabeling Food Products.

Imagine a complete stranger suddenly owning title to your property—while you’re still living on it! It’s known as Adverse Possession. And it can happen. In certain circumstances a trespasser can enter your property, occupy it, and then gain legal claim to it. So what exactly is Adverse Possession? How does it end up in court? And what is the test for a trespasser to qualify for ownership? Before you start building walls around your home, JDSA Attorney Matthew Hitchcock informs us about something most of us didn’t know was a thing, in this podcast titled Adverse Possession – When Trespassers Become Property Owners.

With the rise of “gluten-free marketing” and the growing, multi-billion dollar “gluten-free” industry, current estimates show that nearly 30% of the population is actively avoiding gluten for health or personal reasons. Yet, gluten-free food labeling can be confusing, and the governing regulations are complex. To make sense of it all, JDSA attorney Sally White discusses Product Labeling – What Does “Gluten-Free” Really Mean?

You may think its just shared space - the neighborly “gray” area between one piece of property and another. But a property easement can be so much more than just intersecting driveways. If not clearly defined, it could mean you forfeit some of your land. What’s worse, in some cases, you could even lose title to some of your land. Wait. What? Yes, it’s true – property easements are very complex, and it’s very important you understand them. Learn more and be in the know. Listen in to this podcast episode as JDSA attorney Matthew Hitchcock discusses Property Easements – and What You Should Know About Them.

Ever heard anyone say discussing divorce is easy? Likely, not. Divorce is never an easy conversation. And the division of assets and liabilities can make that discussion even harder. In fact, do you know what assets and liabilities you jointly share? Who gets what? The house. The car. The money. The bills. Is it fair to all parties – and the kids? Can you go back to court to revisit the decisions later? What you think you know about who gets what in a divorce may surprise you. In this episode, JDSA Attorney Jordan Miller discusses Divorce – Who Gets What, And How is That Determined?

A contract. An agreement. Is there a difference? Chances are you never thought about it. So what makes a contract or an agreement a good idea? When should you have one? What should be included? There’s so much more to consider than what the good ol' handshake can cover. And knowing how to properly lay out your expectations can help you avoid litigation down the road. In this podcast episode, JDSA Attorney Matthew Hitchcock presents Tips for Avoiding Litigation – In Agreements and Contracts.

You live together, but you’re not married. You intend to remain committed, but marriage is just not your thing. On that, you both agree. But what if, one day, you went your separate ways? What if one of you becomes ill? You’re not legally family, so can you visit in the hospital? Do you have a say in your partner’s medical treatment and care? A co-habitation agreement is about more than who gets the flatware! In this episode, JDSA Attorney Jordan Miller discusses Legal Tips for Cohabiting Non-married Couples.

Has anyone ever threatened to sue you? Have you ever been told you should sue someone? In either scenario, there is a lot to consider. And most importantly, you need to clearly understand what is involved. Do you have a good case? Would you ever collect if you win? Is there an alternative to suing? In this podcast episode, JDSA Attorney Matthew Hitchcock addresses Should I Sue? What to Consider BEFORE Filing a Lawsuit.

Being harassed? Feel threatened? In an abusive relationship? A restraining order could be key in keeping you safe. But how do you get a restraining order? And what kind? There are four types of restraining orders in Washington State. Each has a specific purpose and benefit. All are important pieces of the law and the courts. So what does an experienced attorney think about this? In this podcast episode, JDSA Attorney Jordan Miller discusses Restraining Orders – Different Types for Different Reasons.

Being sued? You’re not alone. It happens to businesses every day. And it comes with a lot of questions. Is this a serious matter that is going to be decided by a jury, or a judge? Can you settle out of court? And who is paying for this lawsuit? Commercial Litigation involves virtually every type of dispute that can arise in business such as breach of contracts, partnership disputes, class actions, and other corporate disputes. In this episode, Lee Lewis discusses Common Questions About Commercial Litigation.

We’ve all heard someone say, “We plan to appeal the decision.” That’s where the Appellate Lawyers come in. Appellate Law is another stage in the litigation process. After a trial has reached a resolution or ruling, the appellate courts can be a “second look” to determine whether a decision was supported by facts, or legally correct. So, how do you know what decisions can be appealed – and what considerations should be made before considering an appeal? Is an appeal worth the money? Described as “the litigation after the litigation”, in this episode, Lee Lewis discusses When to Hire an Appellate Lawyer.

A well-drafted construction contract clearly contains the scope of work to be completed, the price to be paid, and the payment terms. It is the governing document that will control the relationship between the parties. However, what else should the contract include? And, what can be done to avoid potential problems? In this podcast episode, Lee Lewis discusses What to Consider Before Signing a Construction Contract.

Season 1, Episode 27 —Copyright is a commonly misunderstood legal matter. It is, literally, the right to copy. Copyrights are federally defined as original works of authorship. However, copyright is a complex area of law, and most people are unclear if all books and artwork is copyrighted; what material is protected; and if something is copyright protected - how do we know? In this radio feature from September 19, JDSA attorney Sally White discusses Common Questions About Copyright.

Protecting your brand name or trade name though a Trademark is a common business practice all over the world. In Part 1 of the series, we explored why trademarks are important, and when is the right time to register yours. In this episode of JDSA Law Talk from August 29, JDSA attorney Sally White continues on the topic, now exploring what is involved in registering your trademark, how long it lasts, and what to do if someone else uses your name. This is Part 2 of What You Should Know About Trademarks.

Season 1, Episode 24 – We’ve all seen the little “TM” at the end of a word or brand name. It means Trademark. It’s meant to protect a company’s brand. But why is it so important to a business or brand? Why register a trademark? In this first part of a two part radio feature from August 22, JDSA attorney Sally White explores the whys, hows, and whens, while explaining What You Should Know About Trademarks.

Is it yours? Or does it belong to someone else? These are two simple questions you need to understand when it comes to intellectual property. It’s so much more than whether or not you can take text and images off the internet to use them for yourself. It covers names, trademarks, logos, ideas, and more. And there are complex laws protecting what is yours - and what belongs to others. In this radio feature from August 8, JDSA attorney Sally White answers Frequently Asked Questions About Intellectual Property.

In the course of a divorce mediation, there will ultimately be a discussion of what is best for the children. Child Custody Mediation is a detailed process for which each parent must be well prepared. Most importantly, by outlining your wishes, you help the mediator more clearly understand what is best for the child or children. This radio feature from May 9, is Part Two of two with Jordan Miller of JDSA Law. Jordan is discussing How to Prepare for Child Custody Mediation.

The long and difficult road of divorce is also a long and complicated negotiation. But in many cases, working with a well-trained mediator can increase the odds that you’ll reach a settlement that works for your life. This radio feature from May 2, is Part One of two with Mike Vannier of JDSA Law. Mike is exploring the Commonly Asked Questions about Divorce Mediation.

Choosing an attorney you feel is prepared to represent you is as important as being prepared to meet with your potential attorney. In your initial consultation, you’ll want to have with all your documents, be forthcoming, ready to make your own notes for future reference, and prepared to discuss the legal fees up-front. In this radio feature from April 25, Jordan Miller of JDSA Law explains What To Expect During an Initial Consultation.

The legal term is "pro se", but most of us know it as self representation. It is increasingly common that people feel confident in representing themselves in court, but you could be doing yourself a disservice. If you’re convinced you can properly argue your case, you’ll find this topic particularly interesting. In this radio feature from April 13, Mike Vannier of JDSA Law explores why handling legal issues on your own can be a costly mistake.

When the courts interfere, it is likely as a last resort. Known as non-spousal or third party custody, it is a situation where one or both of a child’s parents are deemed unfit. And it creates a lot of questions - for the parents, and those seeking custody. In this radio feature from April 6, Jordan Miller of JDSA Law explores What You Should Know about Non-spousal Custody.

It has many names: alimony, spousal support, spousal maintenance, but each can involve complicated agreements. Most commonly referred to as Spousal Maintenance, there are many types of support that can be paid to the recipient, and may factors that impact payments. In this radio feature from March 30, Mike Vannier of JDSA Law explores What You Should Know about Spousal Maintenance.

Adoption involves a complicated legal process for the birth parent and adopting parent. And there are significant differences between open and closed adoptions, both of which should be reviewed in detail with your adoption attorney. In this radio feature from March 23, Jordan Miller of JDSA Law discusses What You Should Know about Adoption.

Season 1, Episode 5 – It’s something divorcing parents may need to do: develop a parenting plan. Agreeing on living arrangements, parenting schedules, vacations, education, healthcare—even where the child’s belongings reside—is all part of a detailed parenting plan. In this radio feature from March 16, Mike Vannier of JDSA Law explores Developing a Parenting Plan.

Season 1, Episode 4 – Do you know where your kids are? In child custody cases, there are strict rules about taking your kids to another town, across state lines, and out of the country. It’s referred to as Relocation Law, and it can sometimes be a very confusing and more complex than if you are just moving down the street. In this radio feature from March 9, Jordan Miller of JDSA Law explains Child Custody Relocation.

Season 1, Episode 3 – If there’s one thing we all need, it’s solid, clear-minded advice. That’s even more important during the process of a divorce. There is a lot to consider when choosing an attorney to represent your best interests. Your attorney must understand you - and your personal circumstances. In this radio feature from March 2, Mike Vannier of JDSA Law explains Five Things to Consider When Hiring a Divorce Attorney.

Season 1, Episode 2 – Still with the topic of divorce, we explore why the courts sometimes get involved early in the process. Temporary court orders can ensure neither spouse makes any changes to the status quo; for the benefit of the children; or in the case of support or property. There’s always a reason, and in this radio feature from February 24, Jordan Miller of JDSA Law discusses Why a Temporary Court Order is Issued During a Divorce.

Season 1, Episode 1 – It’s a tough topic. And it’s a confusing one. Divorce. Anyone who is going through a divorce—no matter what the circumstances—has questions about child support, property division, and the sharing of debt and assets. In this radio feature from February 18, Mike Vannier of JDSA Law explores Common Myths About Divorce.