Prenuptial Agreements and Estate Planning

Prenuptial agreements are valid and enforceable in Oregon.  We frequently advise clients to have a prenuptial agreement in place if they have children from a prior relationship or this marriage will not be their first.  Also, if the parties have significant separately owned assets acquired before their marriage they may want to consider having a prenuptial agreement in place.  Read more…


When Directors Assert Individual Privileges Preventing Their Corporation from Responding to Discovery Requests

What happens when a corporation can’t respond to proper discovery requests in civil litigation because its officers or directors refuse to provide the corporation with the information necessary to respond to those requests under a claim of personal privilege unavailable to the corporation?  Are the legal consequences to such a corporation softened if the corporation is publicly funded and the assertions of personal privilege on Fifth Amendment grounds by its directors “politically sensitive”? Read more…

Categories: Corporation Tags: ,

At-Will Employees are At-Will Employees: Tautological Analysis Leads the Court of Appeals to Hold that Words Mean What They Say and Say What They Mean

Categories: Employment Tags: , , ,


January 20, 2012 1 comment
Categories: Press Tags: ,

Does the Internet Highway Lead to Court in a Distant State?

As businesses increasingly market and sell goods and services through the internet, they should consider the risk that their website activities may subject them to litigation in other states.  Individuals who buy and sell through such internet sites as eBay may also face a possible risk of litigation in a foreign court.  Litigation of any kind is expensive enough without the additional burdens and costs which defending in a distant court can impose irrespective of the merits of any claim.  Moreover, since any presence on the internet is, in a sense, a presence everywhere, how can a business or individual predict the scope of their exposure to litigation outside of the state in which they reside or actively do business more traditionally? Read more…

Categories: Internet, Litigation Tags: , ,

Seattle Gets a Spanking When it Plays with Guns

Like most children, cities and other local government bodies often forget that they lack innate authority to enact laws; that the only authority they have to enact laws and levy taxes is the authority which their superiors, the state constitution or legislature, grant to them. Also like children, cities and local government bodies often try to evade the limits set by their superiors and, when caught in the act, expend enormous amounts of effort and money attempting to justify their errant presumption. Read more…

No Shark Fin Soup for You: Recent Changes to Oregon Laws

Possessors of shark fins, you now have one day (if you read this on December 30, 2011, to sell, trade or distribute any shark fins that you have in your possession.  After December 31, 2011 you will no longer be able to sell, trade or distribute shark fins in Oregon without a license.  California has enacted a similar law.  After December 31, 2011, you also cannot possess shark fins in Oregon – unless you acquired the fin before January 1, 2012. Read more…

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