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Lawrence B Hunt

Lawrence Hunt’s Legal Guides

24 total

  • The Private Side of Law – You’ve Got to Buy it to Know What it Says

    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 private industry rely on such standards. Such standards are seldom if ever publis...

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  • The “Business” of Civil Forfeiture

    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 any crime. The abuse of civil forfeiture laws by local, state and federal offic...

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  • Criminal Background Checks of Prospective Employees

    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 court in South Carolina against BMW Manufacturing Co., LLC and had just filed a...

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  • Web Site Accessibility – A New Basis For Claims under the Americans with Disabilities Act

    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 accommodation subject to the Act and thus legally required to be accessible to the disab...

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  • Hunt & Associates P.C. A Second Look at the Reduction of Fiduciary Duties in Oregon LLCs

    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 they are contractually malleable, the language of the operating agreement organ...

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  • A Contract Should Say What is Meant

    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, Inc. v. DLF International Seeds, Inc., 252 Or App 376 (2012). In that case the p...

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  • The Washington Supreme Court Stumbles Over Disclosure of B&O Tax Charges in Sales

    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) the Washington Supreme Court grappled with a question of statutory interpretatio...

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  • Employees’ Duty of Loyalty to Their Employer: Another Route to Employee Liability

    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 incurring liability to their employer. The breach of that duty can become particu...

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  • When Directors Assert Individual Privileges Preventing Their Corporation from Responding to Discover

    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 respond to those requests under a claim of personal privilege unavailable to the co...

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  • At-Will Employees are At-Will Employees: Tautological Analysis Leads the Court of Appeals to Hold th

    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 context of at-will employees. In Cocchiara v. Lithia Motors, Inc., 247 Or App 54...

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