Oregon’s Law on Non-Competition Agreements – A Brief Overview

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 [...]

By |2017-05-13T23:47:15+00:00May 11th, 2017|General|0 Comments

Negligent Infliction of Emotional Distress in Oregon

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 [...]

By |2017-05-13T23:56:22+00:00February 13th, 2017|Auto Accident Injuries, General, Injury Attorney, Personal Injury Law, Personal Injury Protection|Comments Off on Negligent Infliction of Emotional Distress in Oregon

Wrongful death actions in Oregon

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) [...]

By |2017-05-14T00:05:05+00:00November 29th, 2016|General, Lawsuit, Personal Injury Law, Personal Injury Protection, Wrongful Death|Comments Off on Wrongful death actions in Oregon

Invasion of Personal Privacy

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 [...]

By |2017-05-14T00:12:10+00:00November 21st, 2016|Business Law, General|Comments Off on Invasion of Personal Privacy

Employers Should Consider Non-Solicitation Agreements

Non-solicitation agreements are very useful tools for many employers. A non-solicitation agreement contains language that prevents a departing employee from soliciting business from customers of the employer for a period of time. It may also prevent the departing employee from soliciting employees of the company for a period of time. The non-solicitation provisions may also [...]

By |2017-05-14T00:17:56+00:00October 22nd, 2016|Business Law, Confidentiality Agreement, General, Non-Competition, Non-Competition Agreement, Non-Solicitation Agreements|Comments Off on Employers Should Consider Non-Solicitation Agreements

Insurance Commission complaints provide new leverage in Oregon

Insurance commission complaints are subject to public disclosure beginning January 1, 2016. This will provide more transparency, and increase leverage against insurance companies that engage in unfair settlement practices. As background, there has existed in Oregon an unfair claims settlement practices statutes. Looking at some of the key provisions that would apply in a normal [...]

By |2017-05-14T00:20:42+00:00September 22nd, 2016|Business Law, General, Insurance Law, Insurance Legislation, Unfair Settlement Practices|Comments Off on Insurance Commission complaints provide new leverage in Oregon

Settling the personal injury claim

There are primarily four ways for settling the personal injury claim. First is by negotiation. Typically most personal injury attorneys will begin by sending a demand letter to the insurance carrier if known, or to the person or business that caused the injury. The demand letter will state what the client claimant wants to settle [...]

By |2017-05-14T00:26:23+00:00September 16th, 2016|General, Personal Injury Law|Comments Off on Settling the personal injury claim

Pain and suffering damage cap unconstitutional

The Oregon Court of Appeals issued an opinion holding that the pain and suffering damage cap (noneconomic damage cap) violated the Oregon Constitution. In the opinion Vasquez v. Double Press Mfg., issued May 4, 2016, the court of appeals held that ORS 31.710 (1), which places a cap of $500,000.00 on most non-economic damages in [...]

By |2017-05-14T00:25:33+00:00May 17th, 2016|Damage Cap, General, Injury Attorney, Noneconomic Damages, Pain And Suffering, Personal Injury Law|Comments Off on Pain and suffering damage cap unconstitutional

Restrictions on use of background checks

New restrictions on use of criminal background checks in hiring are now in place. The new law in Oregon and the ordinance recently passed by the Portland City Council both went into effect on January 1, 2016. In popular language the legislation is referred to as “ban the box” legislation, referring to the box in [...]

By |2017-05-14T00:28:55+00:00May 10th, 2016|Background Checks, Ban The Box, Business Law, Criminal Background Checks, Employment Law, General|Comments Off on Restrictions on use of background checks

Snapchat speed filter gives rise to lawsuits

Snapchat, a popular social networking platform, has a feature, or filter that allows the user to post the speed he or she is travelling at laid over a photograph. The problem is that some people then want to post pictures of them driving at excessive speeds. Snapchat has been sued by a woman named Wentworth [...]

By |2017-05-14T00:32:45+00:00May 4th, 2016|Auto Accident Injuries, General, Injury Attorney, Personal Injury Law, Personal Injury Protection, Snap Chat|Comments Off on Snapchat speed filter gives rise to lawsuits