RESIDENT SHAREHOLDERS
Robin Dale (Shareholder) admitted to bar, 1992, Washington; 2003, Idaho; 2003, Oregon; U.S. District Court, Western District of Washington; U.S. District Court, Eastern District of Washington; Ninth Circuit Court of Appeals. Education: University of Texas (B.A., 1980); University of Puget Sound School of Law (J.D., cum laude, 1992).
Areas of Practice
Robin Dale has an active litigation practice where he concentrates on governmental regulatory law with a special focus on long term care issues. He represents long term care providers in a wide range of disputes including certification, licensing, certificate of need, survey, reimbursement, and the Fair Housing Act. Prior to joining Lane Powell, he served as an Assistant Attorney General assigned to represent the Aging and Disability Services Administration of the Department of Social and Health Services in long term care issues.
Professional Experience
· Office of the Attorney General for the State of Washington (1992-2002)
Practice Group and Specialty Team Memberships
· Business
· Government
· Health Care
· Litigation
· Long Term Care and Seniors Housing Client Service Team
Representative Matters and Clients
· Marshall v. Washington State Dept. of Labor and Industries, 89 F. Supp. 2d 4 (D.D.C. 2000) (whether District of Columbia's long-arm statute was satisfied under the "minimum contacts" standard for establishing personal jurisdiction).
· Casey v. Lower Columbia College, 92 Wn. 2d 1019, (Div. II, 1998) (unpublished) (question of whether superior court properly granted remittitur).
· Seatoma Convalescent Center v. Department of Social and Health Services, 82 Wn. App. 495 (Div. II, 1996) (question of the meaning of an obscure phrase in the nursing home reimbursement statute) (potential economic impact to the State - 60 million dollars).
· Evangelical Lutheran v. Department of Social and Health Services, 82 Wn. App. 1037 (Div. II, 1996) (unpublished) (question of whether nursing homes would be reimbursed for cost of providing therapy services outside of the reimbursement scheme) (potential economic impact to the State - 120 million dollars).
· Care Services v. Department of Social and Health Services, 80 Wn. App. 1002 (Div. II, 1995) (unpublished) (question of whether the Department was estopped from calculating rates using a facility's historical cost of construction) (potential economic impact to the State - 2 million dollars).
· Crista v. Department of Social and Health Services, 77 Wn. App. 398 (Div. I, 1995) (question of whether nursing home rates could be calculated using a reimbursement scheme invented by the nursing home industry) (potential economic impact to the State - 25 million dollars).
Publications
· "Landlord Can't Exclude Folks Who Need a Little Help," Puget Sound Business Journal, May 2007
· "How Seemingly Reasonable Precautions Sparked Decades of Litigation Over The Use Of Side Rails," American Health Lawyers Bulletin on Long Term Care and the Law, 2005
· "Skilled Nursing Facility Consolidated Billing: Services Furnished Under An Arrangement With an Outside Entity," Lane Powell Spears Lubersky Long Term Care Practice Bulletin, 2004
Speaking Engagements
· "Admission, Disclosure and Transfer Discharge," Aging Services of Washington Audio Conference, March 12, 2009
· "Fair Housing Challenges for Senior Housing Providers," American Health Lawyers Association Long Term Care and the Law Conference, February 26, 2009
· "Arbitration Agreements," Oregon Health Care Association, December 12, 2008
· "Fair Housing Act Update," Aging Services of Washington, November 20, 2008
· "Plans of Correction and Informal Dispute Resolution," Washington Health Care Association Survey Boot Camp, November 18, 2008
· "Marketing Your Assisted Living Community: Avoiding Risky Pitfalls," Lane Powell/NCAL Webinar, November 6, 2008
· "Marketing Pitfalls," Idaho Health Care Association Fall Workshop, October 24, 2008
· WHCA A+ Training, October 17, 2008
· "Fraud, Abuse, Anti-Kickback, and Stark: A Compliance Update," Washington Health Care Association Fall Conference, September 24, 2008
· "The Fair Housing Act: Trends Affecting Providers," Oregon Health Care Association Webinar, August 13, 2008
· "Legal Trends Affecting Assisted Living Providers," Washington Health Care Association Assisted Living Summit, July 16, 2008
· "Fair Housing Act," American Healthcare Association Webinar, Broadcast, May 15, 2008; American Health Lawyers Association Long Term Care and the Law Conference, February 29, 2008
· "The Last Fair Housing Act Presentation You Will Ever Need," Woodmark Management Team, April 23, 2008
· "Risk Management 101," Oregon Health Care Association, December 18, 2007
· "Informal Dispute Resolution and Resident Rights," Washington Health Care Association, October 18, 2007; April 23, 2007
· "The 2007-2008 F-Tags Release - Are You Ready for the New Guidance?," Washington Health Care Association Fall Conference September 17, 2007
· "Facility License vs. Nursing Home Administrator License," Board of Directors for Josephine Sunset Homes, August 28, 2007
· "Risk Management" Washington Health Care Association Long Term Care and Senior Housing Litigation Issues Seminar, August 23, 2007
· "What's Tipping the Scales... of Justice," Washington Health Care Association 2007 Convention and Exhibition, May 23, 2007
· "Discharging Disruptive Residents and Other Legal Issues," Idaho Health Care Association Spring Workshop, April 27, 2007; Idaho Health Care Association Fall Conference, October 20, 2006
· "Emergency Preparedness," Oregon Health Care Association, February 8, 2007
· "Plans of Care and Resident Rights," WHCA A+ Program Administrator Training, October 10, 2006
· "Arbitration Agreements," WHCA Fall Conference, September 19, 2006
· "Legal Consideration of Aging In Place," AHMA Annual Meeting and Conference, August 17, 2006
· "Plans of Correction and Informal Dispute Resolution," Washington Health Care Association, August 16-17, 2006; May 18, 2006; October 21, 2005; May 19, 2005
· "LTC Regulatory & Legislative Issues Update," WHCA Chapter Meeting, July 18, 2006
· "Use of Arbitration Agreements in the Long Term Care Setting," WAHSA Annual Convention, June 5, 2006
· "The Last Fair Housing Act Presentation You Will Ever Need," WHCA/WCAL Annual Convention, May 6, 2006
· "The Fair Housing Act and Senior Housing," WAHSA Assisted Living Committee Meeting, January 10, 2006
· "When the Police Come to Your Office with a Search Warrant: A Game Plan to Manage a Disruptive Situation," King County Prosecutor's Investigatory Program, December 12, 2005
Professional and Community Activities
· Fellow, Litigation Counsel of America, Trial Lawyer Honorary Society (2009)
· Member, American Health Lawyers Association (2003-Present)
· Diversity Committee Washington State Bar Association (2003-2005)
· Opportunities For Minorities in the Legal Profession Bar Committee (1996-1998)
Member: American Health Lawyers Association; Washington State Bar Association (Diversity Committee, 2003-2005; Opportunities For Minorities in the Legal Profession Bar Committee, 1996-1998).
Practice Areas: Business; Government; Health Care; Litigation; Long Term Care and Seniors Housing.Email: Robin Dale
Erik D. Price (Shareholder) admitted to bar, 1993, Washington; 2003, Oregon; 2003, Idaho; U.S. District Court, Western and Eastern Districts of Washington; U.S. District Court, District of Idaho. Education: University of Washington (B.A., cum laude, 1988) Phi Beta Kappa; University of Washington School of Law (J.D., with honors, 1993).
Areas of Practice
Erik Price focuses his practice on government and regulatory issues. Erik handles many health care matters, including long term care issues and certificate of need cases. He has advised and represented clients on intergovernmental matters, including administrative law and litigation. He has also handled beverage alcohol issues and complex litigation including trade secret, class actions and commercial contract cases. Erik also utilizes his governmental and administrative law experience as a member in the firm's Long Term Care and Seniors Housing Client Service Team. Erik is the Immediate Past President of the Thurston County Bar Association.
Practice Group and Specialty Team Memberships
· Government
· Health Care
· Long Term Care and Seniors Housing Client Service Team
· Mortgage and Consumer Finance
Publications
· "Long Term Care Licensure in Alaska," 50 State Survey of Certificate of Need and Licensure: Nursing Homes, Assisted Living, Home Health and Hospice, American Health Lawyers, 2009
· "Office of Inspector General Releases 2006 Work Plans: What Nursing Homes Should Know," Lane Powell Long Term Care and Seniors Housing Legal Update, December 2005
· Co-Author, "Mid-Year Checkup for Nursing Homes: Pausing to Remember the 2005 Objectives of the Office of Inspector General," Lane Powell Long Term Care and Seniors Housing Legal Update, June 2005
· "Time to Untie the House? Revisiting the Historical Justifications of Washington's Three-Tier System Challenged by Costco v. Washington State Liquor Control Board," Washington State Bar News, Washington State Bar Association, June 2004
· "Something Rotten in Denmark? Understanding the Risk of an Odor Nuisance Suit," Environs (Spring 2003)
Speaking Engagements
· "Avoid Marketing Pitfalls," Anti-Kickback and Stark Implications of LTC Advertising, Washington Healthcare Association Annual Convention, May 2009
· "101: Certificate of Need, Law Regulation, Practice and Current Issues," Washington State Society of Healthcare Attorneys Spring Seminar, April 2009
· "Avoid Marketing Pitfalls," Anti-Kickback and Stark Implications of LTC Advertising, NCAL Webinar, November 2008
· "Avoid Marketing Pitfalls," Anti-Kickback and Stark Implications of LTC Advertising, Idaho Healthcare Association Fall Workshop, October 2008
· "Fraud, Abuse, Anti-Kickback and Stark: A Compliance Update," Washington Healthcare Association Fall Conference, September 2008
· "Tied House Ownership and Financial Interest Rules: Setting Up Your Business Partnerships," Winery and Wine Distribution Law Conference, August 2008 and August 2007
· "Clearing the Air on a Hot Topic: The Fire Marshal and Long Term Care," Washington Healthcare Association Winter Conference, February 2006
· "The Perils of Thinking Outside the Box: An Introduction to Federal Kickback and Stark Regulations," Washington Healthcare Association Fall Conference, September 2005
· "Certificate of Need and Long-Term Care: A Changing Paradigm," Washington Healthcare Association Convention and Exhibition, May 2005
Professional and Community Activities
· Judicial Recommendation Committee, Washington State Bar Association (Present)
· Thurston County Bar Association
- Immediate Past President (Present)
- President (2008-2009)
- President-Elect (2007-2008)
- Board Member (2005-Present)
· Salvation Army, Olympia Chapter
- Advisory Board Member (December 1996-Present
· Kiwanis International, Olympia Chapter
- Member (May 1999-Present)
Member: Washington State Bar Association (Member, Judicial Recommendation Committee); Thurston County Bar Association (Immediate Past President; President, 2008-2009; President Elect, 2007-2008; Board Member, 2005).
Practice Areas: Government; Health Care; Long Term Care and Seniors Housing; Mortgage and Consumer Finance.Email: Erik D. Price
RESIDENT COUNSEL
Robert A. Battles (Counsel to the Firm) admitted to bar, 1992, Washington; U.S. District Court, Western District of Washington; Ninth Circuit Court of Appeals. Education: Gonzaga University (B.A., 1986); Gonzaga University (J.D., cum laude, 1992) Technical Editor, Gonzaga Law Review; Moot Court Council; Phi Delta Phi Legal Fraternity.
Areas of Practice
Robert Battles represents both individuals and business clients in regulatory and complex litigation matters including Washington Industrial Safety and Health Act (WISHA) and industrial insurance defense.
Robert was with the Washington State Attorney General's Office for 10 years and represented the Department of Labor and Industries in all aspects of litigation, mediation, contract negotiation, public disclosure, document retention and confidentiality issues. During that time, he also served as the legal advisor to the WISHA and Building Trades Program (Electrical, Contractor, Plumber, Elevator, Boiler and Factory Assembled Structure Sections). Mr. Battles has drafted legislation and administrative codes as well as prepared inter-local and inter-agency agreements including confidentiality and conflict issues between state agencies.
In addition, Mr. Battles has represented the Washington State Governor's Electric Board, the Board of Boiler Rules and the Plumbers Advisory Board. He has litigated cases at all levels of the Washington state courts, Federal District Court, the Ninth Circuit Court of Appeals and administrative tribunals such as the Board of Industrial Insurance Appeals. Mr. Battles also has extensive experience representing clients before state and federal regulatory agencies including the Washington State Department of Financial Institutions, Washington State Employment Security Department and the Washington State Department of Labor and Industries.
Professional Experience
· Goodstein Law Group, PLLC, Attorney (2002-2006)
· Office of the Attorney General, Assistant Attorney General (1992-2002)
· In addition to the above experience, conducted extensive training to state and local government inspectors and also represented clients in matters involving electrical licensing and certification, plumber certification, contractor registration, boiler, elevator and factory assembled structure regulations.
Practice Group and Specialty Team Memberships
· Government
· Labor and Employment
· Litigation
· Mortgage and Consumer Finance
Professional and Community Activities
· Board member, Bates Technical College Steam Certification Board
· Board member, St. Stephen the Martyr Church Pastoral Council
· Board member, FISH Food Bank, Pierce County
Practice Areas: Government; Labor and Employment; Litigation; Mortgage and Consumer Finance.Email: Robert A. Battles
Alexandra K. Smith (Counsel to the Firm) admitted to bar, 1990, Washington; U.S. District Court, Western District of Washington; U.S. District Court, Eastern District of Washington; Ninth Circuit Court of Appeals; U.S. Supreme Court; U.S. Court of Federal Claims. Education: Brown University (B.S.); University of Washington School of Law (J.D., with honors).
Areas of Practice
Alex Smith's practice focuses on environmental and natural resource regulatory issues, and appellate litigation. She has advised clients in resolving liabilities associated with contaminated sites, cleaning up contaminated properties, purchasing contaminated properties, gaining and maintaining regulatory compliance, obtaining permits, and completing development projects. She has represented clients in litigation before the Environmental Hearings Board, and state and federal trial and appellate courts. Alex also has experience in Native American Affairs law, serving as general counsel to a local tribe, and assisting tribes and those who do business with tribes with issues such as placement of property into trust status, obtaining grants and other funding from the federal government and non-profit organizations, and the unique tax and jurisdictional issues that arise in Indian country.
Alex recently spent time in Washington, D.C., working in the Environmental and Natural Resources Division at the Department of Justice. While there, Alex served as lead counsel for the U.S. on several tribal trust cases pending in federal district court and the U.S. Court of Federal Claims, in which tribes claimed the government historically mismanaged their financial and natural resources. Alex also defended federal agencies against challenges brought under the National Environmental Policy Act and the Administrative Procedures Act. Prior to joining Lane Powell, she was an Assistant Attorney General where she was a designated appellate specialist, and represented the Department of Ecology and the Department of Natural Resources on issues related to solid, hazardous, and nuclear wastes; water and air quality; cross-border pollution; forest practices; and tribal treaty rights. She also negotiated aquatic lands leases on behalf of the Department of Natural Resources and advised the Department of Ecology as it developed recommendations for the Governor's Puget Sound Initiative.
Professional Experience
· Department of Justice, Environment and Natural Resources Division (2008-2009)
· Lane Powell PC (2007-2008)
· Office of the Attorney General for the State of Washington (2000-2007)
· Adjunct Professor of Environmental Law, Seattle University School of Law (1998-2008)
Practice Group and Specialty Team Memberships
· Appellate
· Construction and Environmental
· Native American Affairs
· White Collar Criminal Defense, Regulatory Compliance and Special Investigations
Representative Matters and Clients
· Miccosukee Tribe v. United States Corps of Engineers, and Miccosukee Tribe v. United States Department of Transportation (S.D. Fla. 2008) (defended projects that were part of the Florida Everglades Restoration from a variety of challenges under federal law).
· Pakootas v. Teck Cominco Metals, Ltd., 452 F.3d 1066 (9th Cir. 2006) (petition for certiorari denied). Successfully represented the State of Washington in a case of first impression about whether the federal Superfund law applies to pollution that originated in Canada.
· WNG v. WSDOT, 39 F.3d 793 (9th Cir. 1995). Successfully defended a gas company against a CERCLA contribution claim brought by the Washington State Department of Transportation.
· Nez Perce v. Idaho Power, 847 F. Supp. 791 (D. Idaho 1994). Defended a power company against claims of the Nez Perce Tribe for loss of fish runs due to the construction and operation of dams on the Snake River.
· WEC v. NMFS (2002 WL 511479), and WEC v. EPA (W.D. Wash. 2002). Represented the State in opposing challenges to two aspects of the Department of Natural Resource's forest practice rules.
· City of Yakima v. Surface Transportation Board, 46 F. Supp.2d 1092 (E.D. Wash. 1999). Represented the City in a Clean Air Act challenge to the Board's approval of the reopening of a cross-state railroad line.
· In re Tortorelli, 149 Wn.2d 82 (2003). Successfully defended the State's ownership of a submerged forest and the valuable timber in the submerged forest.
· Thea Foss Master Lease (2003). Negotiated a Master Lease on behalf of the Department of Natural Resources with the City of Tacoma and the Foss Waterway Development Authority that allowed the City and the Development Authority to complete the redevelopment and revitalization of the Thea Foss Waterway.
Publications
· "New Supreme Court ruling greenlights brownfield development," Portland Daily Journal of Commerce, June 18, 2007 (Co-Author)
Speaking Engagements
· "Hazardous Waste Enforcement in Washington," Association of Washington Business' Environmental Summit, 2007
Professional and Community Activities
· Vice-Chair of the American Bar Association's State and Regional Environmental Cooperation Committee
· Member, Washington State Bar Association - Environmental and Land Use Law Section
- Newsletter Editor (1992-1993 and 1996-1997)
· Member, Federal Bar Association
- Newsletter Editor (1997)
Member: Washington State Bar Association (Environmental and Land Use Law Section); American Bar Association (Vice-Chair, and Regional Environmental Cooperation Committee); Federal Bar Association.
Practice Areas: Appellate; Construction; Environmental; Native American Affairs; White Collar Criminal Defense, Regulatory Compliance and Special Investigations.Email: Alexandra K. Smith