Justices Breyer, Kennedy, Speak out on Criminal Justice Reform

Supreme Court Justices Stephen Breyer and Anthony Kennedy spoke candidly about reforms needed in the criminal justice system before a House Financial Services and General Government Subcommittee meeting in Washington D.C. on March 23rd. In a rare off-topic discussion, Justice Kennedy spoke bluntly about the criminal justice system to the committee stating that, “In many



Indiana and Arkansas Religious Freedom: a Week in Review

It is Friday, April 3rd, a week since the entire world, as it would seem, mouthed a collective ‘wait, you did wha?’ toward the mousy but likable state of Indiana. Governor Mike Pence’s Thursday, March 26th signing of his state’s Religious Freedom Restoration Act (RFRA) began a wave of protestation reminiscent of Ferguson, or even




Damages Under The WPLA

The WPLA is broad in its provisions for recovery with some specific limitations. In general, an individual recovering under the WPLA can recover whatever damages they suffered. The Supreme Court discussed damages under the WPLA in Washington stating, “such damages include “any damages recognized by the courts of this state”. Wash. Water Power Co. v.


Understanding Defective Products in the WPLA

Definition of “Defect” It is clear that the Washington Product Liability Act (WPLA) protects people from defective products, but what exactly is a defective product? The WPLA avoids the term “defect.” Instead, the statute imposes liability for harm proximately caused by a product that is “not reasonably safe” in its construction, its design, or its


Bank Regulators’ new Strategy is Turning Directors into Managers

A recent Wall Street Journal report highlights a dramatic increase in personal communication requirements between bank directors, and the Federal Reserve as well as the Office of the Comptroller of Currency (OCC). Shifting away from ‘light-touch’ oversight, these regulators have changed their approach, meeting with boards of directors of the banks it supervises as often


Will Sprint Settlement finally Exorcize Ghosts of the Nextel Merger?

The fallout from one of the messiest mergers in American history appears to have entered its final stage on Monday, March 30th, when Sprint agreed to pay investors $131 million in a settlement dating back to the beleaguered 2005 Nextel acquisition. Lauded at the time as the creation of a telecom dynasty, technological incompatibility led


Will Arkansas Governor Hutchinson Fold on ‘Religious Freedom’?

On Friday March 27th, while physical and digital cavalries amassed in opposition to Indiana Governor Mike Pence’s Thursday signing of the state’s Religious Freedom Restoration Act (RFRA), the Arkansas state Senate voted 24-7 in favor of its state’s own version of the bill. HB 1228, a bill declaring that “a state action shall not substantially