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February 19, 2010 - Government Law Department Publishes First Edition of The Capitol Mall Dispatch
Our quarterly newsletter will cover developments in the law that will be of interest to attorneys representing clients with matters involving state and local governments, to businesses subject to government regulation, to lawyers representing governments, and to policy-makers. We welcome your suggestions and comments. If you wish us to add your name to our distribution list, simply e-mail your request to Jane Leonhardt at the following address: jane.leonhardt@harrang.com.

December 22, 2009 - John Witherspoon named "Rising Star"
John Witherspoon was named a "Rising Star" in the winter issue of Washington Law & Politics. Washington Law and Politics polls "Washington Super Lawyers" to identify the top up-and-coming lawyers in the state. The program honors those who are 40 years old or younger or who have been in practice for 10 years or less. John joined HLGR in November as an associate in our Business Department, he previously practiced in Spokane, WA.

December 3, 2009 - Frohnmayer Presented the Oregon State Bar Award of Merit
Dave Frohnmayer was presented the OSB Award of Merit at the OSB Annual Awards Dinner. The Award of Merit is the highest honor that the bar can bestow. Recipient's of the OSB Award of Merit have shown outstanding contributions to the bar and/or bench, and exhibit the highest standard of service to the community-at-large.

November 20, 2009 - Dave and Lynn Frohnmayer Honored for Years of Service
Dave Frohnmayer, Of Counsel, with Harrang Long Gary Rudnick P.C., has recently received multiple awards for his service to the community and the state of Oregon. Dave was honored at the 2009 Governors’ Gold Awards Dinner as a Governors’ Gold Award recipient. The recipients of the 2009 Governors’ Gold Awards represented a “sesquicentennial snapshot” of Oregon ingenuity and industry. The Architecture Foundation of Oregon (AFO) has also celebrated Dave’s service as they named him the AFO’s 2009 Honored Citizen. Dave and his wife, Lynn, were both honored for scientific leadership and innovation in Oregon by the Medical Research Foundation of Oregon (MRF). They received the MRF’s Mentor Award for their commitment to advancing knowledge of Fanconi anemia, for fostering collaboration between clinicians and basic researchers in the search for a cure and for providing support for families affected by the disease.

November 2009 - Five HLGR Attorneys Named in 2009 Super Lawyers List
We are proud to announce that Bill Gary, Susan Marmaduke, Frank Moscato, Jim Mountain, and Arden Olson have been selected as Super Lawyers in Oregon Super Lawyers magazine. The Super Lawyers selection is based on a statewide nomination process, review of resumes and peer evaluation by practice area.

September 16, 2009 - Dave Frohnmayer Joins Harrang Long Gary Rudnick P.C.
Dave Frohnmayer, former University of Oregon President, joined Harrang Long Gary Rudnick P.C. as “of counsel” on September 15, 2009. At Harrang Long, Frohnmayer reunites with several colleagues from his three terms as Oregon Attorney General. His prior public service also includes three terms in the Oregon House of Representatives, legal adviser to the UO president and dean of the UO law school. Click on the following link to read the full press release on Dave Frohnmayer joining HLGR.

September 2009 - Article Published by Pete Shepherd in Oregon Law Review
The framers of Oregon's constitution decided that our judges would be elected in direct popular elections. One hundred fifty-two years and many failed attempts to reverse that decision later, we're still electing them. Why did the framers choose to elect instead of appoint judges? What light does a sesquicentennial perspective on history of judicial elections in Oregon shed on improvements that should be made in the election of judges? These are the key questions Pete Shepherd addresses in One Hundred Fifty Years of Electing Judges in Oregon: Will There be Fifty More?, an article published this month by the Oregon Law Review.

August 4, 2009 - The Best Lawyers in America® 2010
James Mountain and William Gary were named to the Best Lawyers list in appellate law for the 5th consecutive year, and Gary was also selected in the areas of commercial litigation and administrative law. Sharon Rudnick and Susan Marmaduke were named for the 2nd consecutive year as Best Lawyers in appellate law, and Rudnick also was selected in the area of labor and employment law. Frank Moscato was again named a Best Lawyer in professional malpractice law for the 4th consecutive year.

First published in 1983, Best Lawyers is based on an exhaustive annual peer-review survey. For the new U.S. edition, more than 24,126 leading attorneys cast more than 2.8 million votes on the legal abilities of other lawyers in the same and related specialties. Because of the rigorous and transparent methodology used by Best Lawyers, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor.

June 8, 2009 - Pete Shepherd to join HLGR
On July 1, 2009 Pete Shepherd will join Harrang Long Gary Rudnick P.C. in its Salem office. Shepherd litigated cases throughout Oregon as a Deputy District Attorney and later as an Assistant Attorney General under Attorney General Frohnmayer. By appointment of Attorney General Kulongoski, Shepherd lead DOJ’s consumer protection unit, enforcing consumer protection, antitrust, and other business practice standards. Attorney General Myers appointed Shepherd Deputy Attorney General. As Deputy, he helped supervise 283 attorneys practicing administrative, civil, and criminal law. He advised statewide elected officials, state agencies, and District Attorneys. Shepherd helped draft legislation designating the North Fork of the Willamette a wild and scenic river (1983), establishing Oregon’s first comprehensive civil forfeiture authority (1989), improving elder abuse protections (1995), regulating manufactured home transactions (2001), requiring local governments to plan for police-involved deadly force incidents (2005), and supporting the victims of crime (2007). He earned at least one DOJ Outstanding Service Award from each of four Attorneys General. Shepherd is a member of the House of Delegates and serves as a volunteer in Salem’s Teen Court program.

April 13, 2009 - Ben Miller Joins HLGR
Harrang Long Gary Rudnick P.C. is pleased to welcome Ben Miller as an associate attorney with the firm. Ben’s practice focuses on litigation, tort litigation, labor and employment, and government law. A 2007 graduate of the University of Oregon School of Law, Ben formerly served as an honors attorney with the Torts/Employment & National Resources sections of the Oregon Department of Justice.

April 2009 - Mishkin to serve as Adjunct Professor of Law
Jonathan D. Mishkin, LL.M., Of Counsel attorney at Harrang Long Gary Rudnick P.C., will be serving as an Adjunct Professor of Law for the University of Oregon School of Law during the 2010 spring semester. He will be teaching Tax Practice and Prodedure, which will focus on all procedural aspects of a tax audit up through litigation.
Jonathan is a member of the firm's Business Department and Closely-Held Business Team. His practice involves federal income tax law, including both tax controversy and transactional matters, and estate planning and probate law. Jonathan received his LL.M. in Taxation from Georgetown University Law Center and his JD from the University of Oregon School of Law.

April 1, 2009 - "Outside Lawyers Have Served City Well"
"Outside Lawyers Have Served City Well", Op Ed piece from the Register Guard newspaper, April 1, 2009: Three former Eugene City Managers praise the high quality of legal services provided by Harrang Long Gary Rudnick as City Attorney to the City of Eugene for nearly 4 decades, explain why they therefor did not choose to create an in-house city attorney office during their tenures, and applaud the City's decision to continue to retain HLGR as exclusive outside counsel when the City brings its city attorney services in-house. Click here to read the article.

March 15 , 2009 - Jerome Lidz Appointed as New Oregon Solicitor General
As of March 15, our friend and colleague Jerry Lidz has left Harrang Long Gary Rudnick to assume the position of Oregon Solicitor General to which he was appointed by Attorney General John Kroger. In selecting Jerry, Attorney General Kroger chose an attorney with a sterling reputation and recognition among his peers as an outstanding and accomplished appellate lawyer. His career has been in the best tradition of HLGR's strong appellate practitioners, and we are very proud of Jerry and the service he has provided our clients.

January 22, 2009 - Chiapuzio and Mishkin present at 2009 Financial Survival Seminar
Doug Chiapuzio and Jonathan D. Mishkin, LL.M. presented at the 2009 Financial Survival Seminar held at the Oregon Convention Center in Portland on January 22, 2009. Their presentation, 2008 Income Tax Law Changes and Planning, can be accessed via this link, then click on "Financial Survival Seminar 2009."

November 2008 - SIX HLGR ATTORNEYS NAMED IN 2008 SUPER LAWYERS LIST
We are proud to announce that Bill Gary, Sharon Rudnick, Glenn Klein, Susan Marmaduke, Frank Moscato and Jim Mountain have been selected as Super Lawyers in Oregon Super Lawyers magazine. The Super Lawyers selection process is a combination of balloting, blue ribbon panel review and independent research.

October 2, 2008 – LOOSLI V. CITY OF SALEM
The Oregon Supreme Court affirmed the Court of Appeals decision in Loosli v. City of Salem. The unanimous decision written by Justice Kistler held that the City owed no duty to protect the plaintiff's from economic losses caused by the negligence of a City planning official. The Court put to rest (in footnote 9) the argument that such a duty arises from the fact that the City charged a fee for providing the required DMV certification.

Tracking precisely the arguments made on the City's behalf by HLGR attorneys William F. Gary and Sharon Rudnick, the Court forcefully reiterated the "economic loss doctrine" which holds that one is not liable to a plaintiff for purely economic (as opposed to physical) injuries unless the defendant owes a special duty to the plaintiff in addition to the general duty to exercise reasonable care. Such a duty can arise from a statute or other law or from a special relationship between the parties. This opinion made clear that the requisite special relationship does not arise between a city and one of its citizens when the city is performing a regulatory function.

October 1, 2008 – BEST LAWYERS IN AMERICA
HLGR is pleased to announce that seven of our attorneys have been selected by their peers for inclusion in the 2009 edition of The Best Lawyers in America in several categories. For over a quarter of a century, Best Lawyers has been regarded, by both the profession and the public, as the definitive guide to legal excellence in the United States. Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising more than 2.5 million confidential evaluations by the top attorneys in the country.

Congratulations to the HLGR attorneys who have been selected by their peers for inclusion in Best Lawyers:

Bill Gary: Administrative Law, Appellate Law, Commercial Litigation
Glenn Klein: Administrative Law, Municipal Law
Jerry Lidz: Municipal Law
Sharon Rudnick: Appellate Law
Susan Marmaduke: Appellate Law
Frank Moscato: Professional Malpractice Law
Jim Mountain: Appellate Law

Week of September 30th, 2008 – LITIGATION EVENTS UPDATE
Andrea Nagles won an important victory for the City of Eugene in its dispute with The Horsehead Tavern. The Horsehead Tavern garnered media attention when it appealed the City's imposition of civil penalties for violating the ordinance limiting smoking to designated outdoor smoking areas. Andrea persuaded the Lane County Circuit Court that the hearings official's decision affirming the City Planning Department's imposition of penalties was proper and that the administrative rule interpreting the ordinance was not unconstitutionally vague.

Bob Steringer and Jackie Wilkes obtained an important judicial “seal of approval’ for the Clackamas County Service District No. 1. Bob invoked ORS 33.710, an interesting and little-used statute authorizing a judicial determination of the validity of governmental actions. The Clackamas County Circuit Court validated the District’s action authorizing the issuance of up to $95 million in revenue obligations to finance improvements of the District’s sewage treatment system. Time was of the essence, and Jackie diligently worked with court staff to obtain an expedited hearing on the motion for summary judgment that was granted in favor of the District.

September 29, 2008 – GO, RIHERD, AMBERG AND STERINGER PRESENT AT THE OREGON ACADEMY OF AUDIOLOGY FALL MEETING
On September 29, 2008, HLGR presented the continuing education program for the Oregon Academy of Audiology's Fall 2008 Meeting. Working with OAA's leadership, HLGR developed a program that touched on legal issues of critical importance to audiologists and other professionals. Hwa Go, along with Assistant Attorney General Jeff Dover, spoke on professional licensing requirements and the disciplinary process. John Riherd discussed the complicated issues surrounding contracts with health care payors such as insurance companies. Mark Amberg presented on the employment law issues that affect every professional, either as employer or employee. Bob Steringer discussed liability issues for audiologists, focusing on professional negligence and specific statutes and administrative rules affecting the practice of audiology. HLGR's presenters enjoyed sharing information on legal issues affecting the meeting's participants and appreciated their positive feedback.

September 20, 2008 – JIM MOUNTAIN INDUCTED INTO THE AMERICAN ACADEMY OF APPELLATE LAWYERS
Jim Mountain, a shareholder in the Portland and Salem offices of Harrang Long Gary Rudnick P.C., was inducted into the American Academy of Appellate Lawyers at an Induction Ceremony held at The Benson Hotel during the 2008 AAAL Fall Meeting. The American Academy of Appellate Lawyers was founded in 1990 to recognize outstanding appellate lawyers and promote the improvement of appellate advocacy and the administration of the appellate courts. Membership in the Academy is by invitation only; with their current membership at 288 Fellows. Academy Fellows must have been in appellate practice for at least 15 years and only lawyers with a recognized reputation for the highest integrity and excellence in appellate work are invited to membership. Candidates for membership must be nominated by a present Academy member, reviewed and approved by a Membership Evaluation Committee, and elected at a regular Academy meeting. We are pleased to announce that Jim Mountain was approved unanimously for membership in the American Academy of Appellate Lawyers.

MEDICAL BILL WRITE-OFFS
"OADC amicus brief in Cohens v. McGee" - For many years, trial courts in Oregon have wrestled with the question of whether an injured plaintiff can collect damages for amounts that a health care provider initially charges for treatment, but which are written off as required by federal Medicare or Medicaid regulations or agreements with insurance companies. At least two cases pending before the Oregon Court of Appeals potentially present this issue for a decision. In one of those cases, Cohens v. McGee, HLGR shareholder Bob Steringer recently submitted an amicus brief on behalf of the Oregon Association of Defense Counsel arguing that plaintiffs should not be permitted to recover damages for medical expenses that they never owed.

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