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Oregon Limited Liability Companies: Do I Need An Operating Agreement?

by Lee Lashway Limited liability companies (“LLCs”) have become a common choice of entity in Oregon in the 20-plus years since adoption of the Oregon Limited Liability Company Act (“Act”). LLCs are formed by filing Articles of Organization (“Articles”) with the Oregon Secretary of State. One of the advantages of LLCs is substantial flexibility in [...]

Eugene Follows Portland’s Lead: Employers Required to Provide Paid Sick Leave

by Kate Grado The Eugene City Council passed a sick leave ordinance this week that affects most employers engaged in business in the City of Eugene. The Eugene ordinance, which is scheduled to take effect July 1, 2015, requires that employers provide employees with one hour of paid sick leave for every 30 hours the employee [...]

Oregon State Bar Intellectual Property Section Brown Bag CLE

John Rake presented on “Big Data and the Law” at the Oregon State Bar Intellectual Property Section’s Brown Bag CLE, from noon to 1 p.m. on July 9, 2014. This program was held at The Cleaners @ The Ace Hotel in Portland. The program is worth one (1) general MCLE credit from the OSB. A copy [...]

Labels Can Be Misleading: General Partnership Interests As Securities

by Lee Lashway In a previous article titled “Are Membership Interests in LLCs Securities Under Oregon Law?”, we considered the application of investment contract theory to determine whether interests in member-managed limited liability companies (“LLCs”) could be considered securities and therefore subject to securities law compliance requirements. Interests in manager-managed LLCs are typically investment contracts, [...]

Documents to Protect and Capitalize on Intellectual Property

by John C. Rake All companies need to take steps to document their rights in and the value of their intellectual property. When your core business is based on key intellectual property, be it a distinctive brand (trademark), innovative invention (patent), creative expression (copyright), or secret “sauce” (trade secret), developing an organized document library that [...]

Executing Enforceable and Practical Non-Compete Agreements

by Jason Yarashes Savvy business owners realize the value of key employees. The savviest business owners consider the execution of a strong non-compete agreement with key employees to avoid costly fallout when key employees leave the business. The loss of client lists, pricing models, customer relationships, and business goodwill—along with loss of key employees themselves—could [...]

NLRB Lays Its Notice Posting Rule to Rest

by Kate Grado What seems like ages ago, the National Labor Relations Board (NLRB) published a controversial rule that required a significant portion of private sector employers — both union and non-union — to post a notice informing employees of their rights under the National Labor Relations Act. The rule was scheduled to take effect [...]

Veterans Preference: New Temporary Rule for Oregon Public Employers

by Kate Grado The Oregon Bureau of Labor and Industries (BOLI) recently issued a new temporary rule that addresses the veterans preference obligations of Oregon public employers. The temporary rule clarifies that job recruitment announcements for civil service positions must include any special qualifications and transferable skills required or requested for the position, in addition [...]

Succession Planning: No Better Time to Start Than Now

by Jason Yarashes As the old adage goes:  Sometimes, you don’t know what you’ve got until it’s gone. This saying is applicable to innumerable instances throughout life, not the least of which is business owners who wait to consider selling the business until the day they want to sell the business. Succession planning for eventual [...]

Federal Contractors and Subcontractors: Is your business prepared to comply with new requirements?

by Kate Grado The Office of Federal Contract Compliance Programs (OFCCP) in the Department of Labor recently finalized a new rule affecting the nondiscrimination and affirmative action obligations of federal contractors and subcontractors. The new rule, which is effective on March 24, 2014, includes changes to the requirements surrounding equal opportunity clauses, invitations to self-identify, [...]