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By Wayne Landsverk
Ever since the landmark U.S. Supreme Court decision in Griggs v. Duke Power Co. in 1971, the law relating to the concept of "disparate impact" in employment cases has been fairly clear and predictable. However, the Court's recent decision in Ricci v. De Stefano, has cast the area into doubt and presented employers with a difficult dilemma.
By Erich Merrill
Selling shares of a company in an IPO (initial public offering) was once the most popular way to reward early investors in a firm. But the IPO just isn’t what it used to be. Even though the number of IPOs spiked in early 2006, only a handful of all companies are choosing to go public.
By Jeff Lindberg
A colleague of mine once described attorneys as falling into one of two categories—we are either architects or historians. That is, either we help our clients design and build or we help our clients recreate the past when things fall apart.
By Thomas Sand
Few callings have as many rules and guidelines as ours when it comes to professionalism. Think of it as consumer protection for clients, who deserve to see lawyers on both sides of an issue behave professionally.
By David Bristol
There’s a trend in commercial real estate that represents another option for developers who are interested in developing commercial property: commercial condominiums.
By Robert Zech
Company holiday celebrations have a well-deserved reputation for resulting in employer headaches. Alcohol consumption at parties, gag-gift exchanges, questionable wardrobe choices, dirty dance moves, excluded spouses and significant others, and a host of other factors have made the office party the most wonderful night of the year for plaintiffs' employment lawyers. A bit of commonsense advance planning will ensure that the holidays are fun, safe, and professional.
By Adam Hughes
The 2005 Washington State statute on Employee Information Disclosure and Employer Immunity provides employers with statutory protection that does not appear much more extensive than the protection already provided through past court rulings, although having it clearly stated in a statute helps.
By James Reinhart
Depending on the type of transaction, a letter of intent has many other names, including term sheet, memorandum of understanding, agreement in principle, binder, and commitment letter. Regardless of the name, the function is the same: to outline the basic terms of a transaction. What differs is why a party decides to use a letter of intent and whether it is intended to be binding or non-binding.
By Ryan Nisle
The IRS recently issued Rev Proc 2005-14, 2005-7 IRB. This Revenue Procedure clarifies that the exclusion of gain from the sale of a principal residence under IRC § 121 may be combined with a like-kind exchange under IRC § 1031. This Revenue Procedure also provides six examples of how these two provisions of the Internal Revenue Code work together.
By Greg Montgomery
One of the more disheartening events in the land development process is the survey that reveals an encroaching use by an adjoining property owner. In a residential setting, this may be something as minimal as landscaping. In other settings, it may be much more significant and include buildings or parking areas.
By Gary Christensen, Nathan Gerhardt
After a two-year battle over the effectiveness of "additional-insured endorsements" in Oregon's construction insurance industry, a clear ruling in January 2005 from the Oregon Supreme Court ensured that this traditional risk-allocation method for Oregon construction projects remains standing.
By Phillip Grillo, Kelly Hossaini
In an eight-page letter of advice to the Oregon Department of Land Conservation and Development (DLCD), Oregon's attorney general took the position that when a local government decides to modify, remove, or not apply (i.e., waive) a land use regulation under Measure 37, that waiver is personal to the owner making the claim and does not run with the land.
By Nathan Gerhardt
Mention the term "spam" to anyone these days and the response is likely to be very negative, possibly hostile. Spam is a nuisance suffered by millions of Americans every day. Last year, the federal government addressed the issue of spam by enacting the Controlling the Assault of Non-Solicited Pornography and Marketing Act, better known as the CAN-SPAM Act.
By Ian Messerle
A former Circuit City retail associate is entitled to a jury trial in a dispute against his former employer despite having signed an agreement to resolve all employment-related claims through arbitration, the Ninth Circuit Court of Appeals ruled recently. In Al-Safin v. Circuit City Stores, Inc., the Ninth Circuit upheld the invalidation of an arbitration agreement, explaining that it was overwhelmingly biased in favor of the employer and unconscionable under Washington law.
By Michael Porter
On January 12, 2005, the Oregon Court of Appeals considered whether an employer must accommodate an employee's request to use medical marijuana and whether mitigating measures should be considered to determine if an employee is "disabled." Washburn v. Columbia Forest Products, Inc. No. A11664 (Or Ct App, January 12, 2005).