The Private Side of Law – You’ve Got to Buy it to Know What it Says
Aug 26, 2013
Many industries related nonprofit entities develop and publish industry standards which are then incorporated by reference into statutes and regulations having the force of law. Both governments and pr...
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The “Business” of Civil Forfeiture
Aug 22, 2013
Federal and state civil forfeiture laws authorize police to seize property which may have been used or obtained through criminal conduct even if the owner has never been convicted or even charged with ...
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Criminal Background Checks of Prospective Employees
Aug 20, 2013
The EEOC is currently attacking employers with policies disqualifying job applicants who have been convicted of crimes. On June 11, 2013 the EEOC announced that it was initiating litigation in federal ...
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Web Site Accessibility – A New Basis For Claims under the Americans with Disabilities Act
May 14, 2013
The Americans with Disabilities Act, the ADA, applies to places of public accommodation. Until recently courts had consistently dismissed claims that commercial websites were places of public accommoda...
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Hunt & Associates P.C. A Second Look at the Reduction of Fiduciary Duties in Oregon LLCs
Mar 20, 2013
Limited liability companies were created as a new, more flexible form of business entity which would enable its members to exercise their freedom of contract to the fullest permissible limits. Because ...
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A Contract Should Say What is Meant
Oct 15, 2012
When a contract isnt clearly written, bad things can happen to the party who wrote it. At least thats the cautionary lesson of a recent Oregon Court of Appeals decision: Dial Temporary Help Service, In...
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The Washington Supreme Court Stumbles Over Disclosure of B&O Tax Charges in Sales
Jul 12, 2012
A recent Washington Supreme Court case illustrates the extent to which the increasing convolutions of statutes and case law often lead to absurd results. In Peck v. ATT Mobility, 174 Wn.2d 333 (2012) t...
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Employees’ Duty of Loyalty to Their Employer: Another Route to Employee Liability
Jun 18, 2012
Employees owe a common law duty of loyalty to their employers. During their employment an employee cant solicit customers or other employees for a competing business without violating that duty and inc...
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When Directors Assert Individual Privileges Preventing Their Corporation from Responding to Discover
Mar 12, 2012
What happens when a corporation cant respond to proper discovery requests in civil litigation because its officers or directors refuse to provide the corporation with the information necessary to respo...
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At-Will Employees are At-Will Employees: Tautological Analysis Leads the Court of Appeals to Hold th
Feb 15, 2012
Wittgenstein wrote that all true statements are ultimately tautological. In other words, a thing or concept is what it is. A recent Oregon Court of Appeals decision illustrates the point twice in the c...
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