Portland Business Law Blog

Starting a Business In 2017? Here Are Some Things To Keep In Mind.

Many people take the new year as an opportunity to pursue new endeavors. For many, that means starting a business.

Whether you are launching a business in 2017 - or thinking about it - you will want to make thoughtful, informed decisions. Proper planning for your business idea is the cornerstone of a successful, sustainable business. Here are some things to keep in mind:

Expelling LLC members who breach their fiduciary duties

Within a limited liability company, it is not uncommon for disputes to arise among LLC members. Many of these disputes are the result of an LLC member breaching his or her fiduciary duty. When a member does not act in the best interests of the LLC, the effects can be damaging to the company.

What are members to do when the actions of an LLC member threaten the company?

Removing Shareholders in Closely-Held Corporations

A breach of fiduciary duty by a shareholder in a closely-held corporation can have significant repercussions - financial, business-related, and otherwise. Often times these shareholders are also officers or directors, so their breach can have significant impact on the company. In some cases, another shareholder or even the company can seek to remove that shareholder from the company.

Minority Shareholders Have Rights: An Overview Of Minority Shareholder Oppression

Disputes among shareholders in a corporation can be very problematic, costing a lot of money and disrupting operations. When shareholder disputes are among majority and minority shareholders, they can be especially difficult, due to an imbalance of power and decision making capabilities.

What Businesses Need to Know about Non-Disclosure Agreements

Non-disclosure agreements (NDAs) can play a critical role in the operations of virtually any business, particularly when it cooperates with another business or professional.

These agreements legally protect sensitive information, including trade secrets and information that provide a competitive advantage, from being compromised -- and from being used against the company.

Beyond Non-Compete Agreements, Employees Have Fiduciary Duties to Employers

One of the greatest risks to a company is the possibility that its employees could leak sensitive information or later compete against it.

Many companies take steps to protect their intellectual property and brand with non-compete and non-disclosure agreements, but companies should also be aware that they have legal rights beyond those contracts.

Some basics about Oregon gun laws

Whether you own a business that sells guns, a firing range that helps people perfect their shots or you are simply an individual Oregon citizen with a firearm, it's important to keep up on the applicable laws. The lines between potential wrongdoing and legality can be slim in some areas of gun law, and the civil matters are even grayer.

The complexity isn't helped by the overlapping and sometimes contradictory relationship between state, federal and local laws on the matter. That's why it's important to involve a legal professional if you are dealing with civil suits or appeals related to firearms.

State court reverses trial court ruling in harassment case

The Oregon Supreme Court recently reversed the ruling of a trial court, which originally issued a summary judgment for the defendants in a sexual harassment case. The decision of the appeals court centered around whether or not the defendant in the case could have a reasonable expectation to know that sexual abuse was possible.

The lawsuit involved six plaintiffs who originally filed separate suits. The suits were combined,, as they were all against the same defendant for the same reason. The six plaintiffs are suing an ambulance company. They allege that the ambulance company failed to prevent one of its employees from sexually abusing medical patients while the patients were being transported.

You don't have to agree with the will

Not honoring someone's final wishes seems disrespectful, which is why many people shy away from questioning a will. Some people might not want to step into the legal arena on estate matters because they feel it will look like they are seeking something for themselves and not caring about the person they have lost. But this isn't always the case: What if the will isn't representing the person's wishes?

Wills aren't infallible, and there are cases where the document in question might not be legitimate in representing the wishes of the deceased. In such cases, family members and loved ones have litigation options for disputing the validity of a will.

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