News & Publications

Washington Supreme Court Rules That Job Applicants Need Not Be “Bona Fide” Under The EPOA To Launch Class Actions

On September 4, 2025, the Washington Supreme Court issued its highly anticipated decision in Branson, et al. v. Washington Fine Wine & Spirits, LLC, et al., Case No. 103394-0 (Wash. Sept. 4, 2025), holding that job applicants are not required to prove they are a "bona fide" or a "good faith" applicant to obtain remedies under the EPOA in class action litigation. The Washington Supreme Court acknowledged, but declined to address, other open issues under the EPOA, which [...]

Standards Of Review On Appeal

Last month, my colleague JP. Diener wrote an excellent article here outlining many considerations that a litigant must review before pursuing an appeal. As he noted, an appeal does not allow a claimant to fully re-argue the case or present new evidence. It is not the proverbial second bite at the apple. Instead, it often focuses on substantive errors in making findings of fact or conclusions of law, and/or addresses procedural issues that may have come up [...]

Can You Appeal A Revoked Security Clearance After A Job Loss?

You lost your job, and then you lost your security clearance. What next? Losing a security clearance can derail a federal career, especially if that clearance is revoked after you're no longer employed. Many previously cleared individuals assume that once you're out of a job, your right to challenge a revoked security clearance disappears. Fortunately, that's not always the case, but it does depend on several important factors. Understanding Security Clearance Revocation A security clearance [...]