By Matthew Macklin, Managing Attorney, Stratagem Law Group. The trial court found four violations of the Washington Nonprofit Corporation Act and no fiduciary breach. The Court of Appeals agreed, published its opinion, and explained why. The directors were not personally liable. Even so, the organization left the courthouse under a judgment telling it how to operate. Stratagem Law Group represented the Seattle Read More
No Hearing, No Rule: How to Challenge a Washington Agency Rule
By Matthew Macklin, Managing Attorney, Stratagem Law Group. What it takes to challenge a Washington agency rule on procedure, and why a recent DCYF rule failed. On October 1, 2026, a Thurston County judge declared a child care rule invalid. The policy behind it may well have been sound. Still, the rule failed. That is because the agency never held the hearing the law requires, and it kept a file too thin to Read More
The Board Is the Institution: A Nonprofit Board’s First Four Moves in a Transition or a Crisis
By Matthew Macklin, Managing Attorney, Stratagem Law Group Key takeaways The trigger varies — a founder’s exit, an internal investigation, a lawsuit, a funder walking away — but a board’s first four moves are the same: establish who has authority, secure the record, separate the organization from the people who are leaving, and only then decide. Authority is a documented fact, not an Read More
Remove, Then Dismiss: The Medicare Advantage Jurisdictional Two-Step and the Limits of § 405(h) Channeling
By Matthew Macklin, Managing Attorney, Stratagem Law Group. When a Medicare Advantage recoupment dispute must go through Medicare appeals, and when it need not. Key takeaways 42 U.S.C. § 405(h) channels claims that “arise under” the Medicare Act into Medicare appeals. The rule was written for parties seeking benefits, not for the targets of a plan’s collection demand. A dispute is not channeled merely because it Read More
DOJ’s $6M Ophthalmology Settlement: A Reminder That “New” Technology Still Has to Fit the Rules
By Matthew Macklin, Managing Attorney, Stratagem Law Group. A False Claims Act compliance lesson from DOJ’s January 2026 ophthalmology settlement. Key takeaways In January 2026, DOJ announced that five Florida ophthalmology practices agreed to pay nearly $6 million to resolve False Claims Act allegations tied to trans-cranial Doppler ultrasounds billed to Medicare and Medicaid. The claims were allegations Read More
What Happens After a Lawsuit Starts? A Step-by-Step Overview
A step-by-step guide to the civil litigation process in Washington. Dealing with lawsuits is never fun, but it is part of the cost of doing business. If you have been served with legal papers, or you are considering filing a lawsuit, it helps to understand what the civil litigation process looks like. Litigation can feel overwhelming, unfamiliar, and slow. Therefore, this guide breaks the process down step by step Read More
