Noncompetition law in the context of employment (including independent contractor status) has the following general guidelines and is quite limited. The Washington legislature has defined a noncompetition covenant (or provision) to mean one in which an employee or independent contractor is prohibited or restrained from engaging in a lawful profession, trade, or business of any [...]
The Oregon legislature made some important changes to the statute governing noncompetition agreements in employment (ORS 653.295). These apply from 2022 forward. From 2022, agreements that do not meet the “criteria” are void instead of only voidable. This means the employee does not have to take extra steps to elect to void the agreement. Further, [...]
A common question in divorces is whether one of the spouses is entitled to spousal support in Oregon (spousal support is Oregon’s terminology for alimony). An additional related question is how the court is going to determine the amount of spousal support to award. Oregon recognizes three primary types of spousal support. These are 1) [...]
Schrock Law Office does estate planning for pets, including pet trusts! Many people, understandably, want to make provisions for their pets as part of their estate plan. But, because pets are considered personal property in Oregon and Washington, a you cannot just will money or property to your pet. But there are ways to provide [...]
In a recent case shooting down the trademark disparagement clause, U.S. Supreme Court has held that the rock band “The Slants” have the right to a trademark on their name. The opinion in the case, Matal v. Tam, was issued on June 19, 2017. The case is important because it concerns the application of the [...]
A. Introduction A noncompetition agreement in the employment context is a contract under which the employee agrees not to compete against the employer for a specified period, usually within a specified geographic area. Although a noncompetition agreement can be a separate agreement, non-competition clauses are often part of a broader employment contract. The use of [...]
In Oregon, every motor vehicle bodily injury liability policy must contain uninsured motorist coverage in an amount of at least $25,000. The amount must be the same as the limit for bodily injury liability, unless the insured elects lower limits, but the amount must at least be the minimum required. The coverage is actually an [...]
In December, 2016, the Oregon Supreme Court recognized the tort of negligent infliction of emotional distress without a physical impact. Philibert v. Kluser, 360 OR 698 (2016). This was a change. Since 1986, Oregon law has been clear that Oregon follows the “impact” test, that required a physical impact in order to recover for emotional [...]
In Oregon, wrongful death actions are governed by statute. The people that may bring a wrongful death action include spouses, children and parents of the deceased. The action is brought by the personal representative of the decedent for the benefit of such person or persons. Also included are step children and step parents, and person(s) [...]
Today virtually everyone is carrying around cell phone/computers in their pockets, and has the ability to take pictures or videos at any time. This allows them to surreptitiously record images in locker rooms, bathrooms, bedrooms or other private settings. Further, stories abound in the media about people putting sex videos of celebrities or their former [...]