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By Creditors’ Rights & Bankruptcy and Litigation Practice Groups In 2017, the Oregon Legislature adopted Senate Bill 254 at the request of the Oregon Department of Revenue (“DOR”). The purpose of the new law is to allow the DOR to more easily collect from delinquent taxpayers by asking financial institutions (as defined under the new …
By: Erich Paetsch, Creditors’ Rights & Bankruptcy and Litigation Lawyer On June 4th, the Supreme Court clarified when discharge of debts may occur if the debt arises out of fraudulent statements about assets. As a result, banks cannot assume that all fraudulent charges are nondischargeable. In this case, R. Scott Appling fell behind in his …
By: Litigation and Creditors’ Rights & Bankruptcy Practice Groups Since the last election, President Trump and the Republican-controlled Congress have worked to undo many of the laws and regulations aimed at consumer protection passed under the Obama administration in response to the financial crisis. On May 24, 2018, however, the President signed a bill—ironically aimed at …
By: David Briggs, Employment Law & Litigation Attorney Ten former employees of a medical-plan firm received a $5.1 million jury award after the company was found to have created a hostile work environment based on religion. In the case, the employees argued that they refused to participate in the practice of the Harnessing Happiness/Onionhead group. …
By: Creditor’s Rights & Bankruptcy Practice Group The Ninth Circuit recently held that when a creditor attempts to collect from a debtor after the debtor has received a discharge from a U.S. Bankruptcy Court case, the creditor is not liable for civil contempt penalties or sanctions if the creditor held a subjective, good faith belief that …
Hot Topics in Employment Law Although it can be said that employment law is constantly changing, 2017 was a particularly big year. The Oregon Legislature enacted several significant new laws with broad impact. The National Labor Relations Board (NLRB) appears to be moving in a new more employer-friendly direction. Immigration issues remain at the forefront, …
By Estate Planning Practice Group Here are eleven trivia items you may not know about wills: 100% of Oregonians Have a Will. Believe it or not, everyone has a will. If you have not created a will, Oregon’s laws of intestacy will fill the void. These laws function like a default will that applies when …
By Christine Moehl, Employee Benefits Attorney Compliance with the Affordable Care Act (commonly known as the ACA or Obamacare) continues to be a challenge for many agricultural employers. Now that efforts by Senate Republicans to overturn the law have stalled, employers must prioritize compliance with the current law in order to avoid stiff penalties and …
By: Randall P. Sutton, David Briggs For those tracking recent developments with the overtime rules for manufacturers, the Oregon Legislature has finally weighed in and passed legislation that is awaiting the Governor’s signature. The legislation is a mixed bag for employers. The Recap Unlike most employers, manufactures are required to pay daily overtime to employees who …
By Creditor’s Rights & Bankruptcy Practice Group On June 12, 2017, in a decision written by newest Supreme Court Justice Neil Gorsuch, the Supreme Court unanimously held that a party that purchases debts and then pursues collection activity on its own is not a “debt collector” as defined in the Fair Debt Collection Practices Act …