Articles

Tonkon Torp business attorney Michael Fletcher is quoted at length in a January 27th article in the Portland Business Journal. The article discusses the impending refinancing 'cliff' tied to billions of dollars in loans and bonds from the leveraged buyout boom in the mid-2000s.

In her January 27 article for the Daily Journal of Commerce, Vicki Ballou offers tips and techniques in handling the process of generational business transition in the professional services industry. She highlights the importance of mentoring, exposure, flexibility, compensation, and innovation in properly training and retaining the next generation of business professionals.

In his January 18, 2012 "Plugged In" article for the Daily Journal of Commerce, Paul Conable discusses challenges California's recently adopted "cap and trade program" is likely to face, and what that may mean for other states if they attempt to impose a similar program.

In his November 2011 article for the League of Oregon Cities magazine, "Local Focus," water law attorney Peter Mohr highlights some fundamental considerations for municipalities as they address existing and future water supply needs.

In his May 2010 article for "Rural Connections," water law attorney Peter Mohr discusses the doctrine of prior appropriation and the changing water needs of the West.

Read the compilation of a three-part series by Tonkon Torp’s water expert, Peter Mohr, which appeared in the Portland Daily Journal of Commerce in the fall of 2011.

In his December 14, 2011 "Plugged In" article for the Daily Journal of Commerce, Peter Mohr discusses the regulatory hurdles faced by renewable energy projects.

The Portland Business Journal awarded Tonkon Torp 5th place in the Professional Services Category at the December 7th, "Oregon's Most Admired Companies" Luncheon. The Portland Business Journal also published a profile of the firm in the December 9 "Most Admired" issue.

In an editorial for the Oregonian, Tonkon Water Law expert Janet Neuman celebrates Portland's recent victory in obtaining a variance from the Environmental Protection Agency's treatment standards for Bull Run water. Neuman stresses that the underlying significance of this victory is the clear success of Portland's ecosystem-services approach to supplying drinking water.

In his November 16, 2011 "Plugged In" article for the Daily Journal of Commerce, David Petersen advocates for the preservation of Washington's initiative I-937, which requires large utilities in the state to acquire 15 percent of their electricity from new renewable resources by 2020.

In an article published in the Fall 2011 issue of Litigation Journal, Paul Conable and Frank Weiss discuss the recent opinion authored by Judge William A. Fletcher - Alliance for the Wild Rockies v. Cottrell. In the opinion, the Ninth Circuit held that one aspect of its "sliding scale" test for preliminary injunctive relief, the "serious questions" approach, remains good law.

In his October 19, 2011 "Plugged In" article for the Daily Journal of Commerce, David White discusses the green merits of electric vehicles (EVs). While many are concerned that EVs may use energy derived from coal plants, recent studies show that they can also be a great aid to renewable energies.

In an editorial for Sustainability: The Journal of Record, Max Miller, Jr. encourages lawyers to be advocates for sustainability.

In a "Plugged In Column" for the DJC, Jeanette Schuster discusses the impact of the economic recession on environmental regulations.

Tonkon Torp attorney Anna Sortun achieved a victory before the U.S. Court of Appeals for the Ninth Circuit, which found that a credit card holder does not have to prove detrimental reliance to recover actual damages from a credit card company for violations of the notification and collection requirements of the Fair Credit Billing Act.

In a "Plugged In Column" for the DJC, Kimberlee Stafford discusses evaluating new title insurance endorsements available in Oregon that are specific to wind energy projects.

In a "Plugged In" column for the Daily Journal of Commerce, Jeanne Chamberlain discusses how renewable energy has become mainstream, with more than half of this nation's states now possessing mandatory renewable energy portfolio standards. As pressures increase for states to meet these standards, we are more likely to see constitutional challenges to provisions that give any preference to in-state resources.

The UK Bribery Act becomes effective on July 1, 2011. It applies to all companies doing business in the UK and it applies to bribes paid in any country in the world. American companies doing business overseas need to adopt and maintain robust anti-corruption policies and procedures in order to avoid strict liability under the UK Bribery Act.

The Bonneville Power Administration’s recent response to a short-term oversupply of energy – requiring wind farms to power down without compensation for lost revenue – reflects the agency’s failure to adapt to the evolving Northwest power marketplace. Significant changes to how the BPA manages the Northwest power grid are long overdue. Hopefully this latest crisis will provide the necessary impetus.

In his "Plugged In" article for the Daily Journal of Commerce, David Forman studies the proposed per mile fee for drivers of electric-vehicles. Oregon wants to charge electric-vehicle owners a fee for driving on state roads. The current proposal is $0.143 per mile, to be imposed beginning with 2014 models. The theory: If more people start driving electric cars, then the state will lose gas tax revenue, which ostensibly pays for road infrastructure.

On April 12, California Gov. Jerry Brown signed into law a renewable energy bill – SBX1 2 – that requires public and private utilities in the state to obtain at least 33 percent of their electricity from renewable sources, including solar, wind, geothermal and small hydro, by 2020.

In an article for the Litigation Journal, Anna Sortun discusses the "special motion to strike" or anti-SLAPP motion. The article describes the basic anti-SLAPP framework in Oregon, the expansion of anti-SLAPP litigation in California, and the possible underuse of the statute in Oregon.

It took its time, but Congress finally has spoken on the issue of gift and estate taxes in the form of the 2010 Tax Relief Act, which President Obama signed into law on Dec. 27, 2010.

In a "Plugged In" column for the Daily Journal of Commerce, David Petersen analyzes the energy return on investment ("EROI") of fossil fuels versus the EROI of renewable energy. By considering the future rise and fall of the EROI for each type of energy, the long term value and merits of renewable energy become clear.

Peter Mohr discusses the risks and rewards to developing geothermal energy in the latest "Plugged In" column for the Daily Journal of Commerce. He concludes that while the initial investment can be large, the payoff is worth the gamble.

In a recent Opinion piece in the Portland Business Journal, Mark LeRoux outlines problems with the current City/County Tax system. He makes the argument that the Multnomah County business income tax and the Portland business license law (the city/county tax) is poorly conceived, poorly enforced and poorly understood.

After a dormant two years, Portland law firms are again bustling with renewed merger and acquisition work. Among Portland’s eight largest firms that advise companies on mergers and acquisitions, six report that business is up significantly - in some cases, triple what it was a year ago.

Developers should take into account that birds can influence fates of wind and solar energy proposals

Tonkon Torp’s Max M. Miller, Jr., has been honored by the Oregon State Bar with one of two new awards for sustainable leadership. Miller earned the award in recognition of his volunteer leadership in moving the legal profession to embrace sustainability. The Sustainable Future Section congratulates Miller on this well deserved acknowledgment of his commitment to sustainability.

The health of Oregon's biotech industry depends in part on the ability of companies to efficiently bring new products and drugs to market.

In 2010, Oregon policymakers’ renewable energy dreams yielded to fiscal and political realities as the Legislature pared down and set a termination date for the Business Energy Tax Credit. Now that the Oregon Department of Energy has adopted final BETC regulations, lawmakers must turn to the more difficult task of deciding whether the tax credit should survive in any form.

Guest article written by Shouka Rezvani and Jackson Lewis, published in the Portland Business Journal on October 1, 2010.

Difficult decisions remain to be made because of issues concerning reliability and cost, in particular.

The Daily Journal of Commerce interviews Ari Okano as one of their 2010 Up and Coming Lawyers honorees.

The Daily Journal of Commerce features Caroline Harris Crowne as one of their 2010 Up and Coming Lawyers honorees.

A look at how coal-fired power plants can work in conjunction with alternative energy sources.

While the struggling economy has led to hiring freezes and dwindling client bases for many firms, those specializing in bankruptcy and finance report robust practices and overflowing workloads.

Attorneys with clients interested in building projects that generate solar energy will want to pay close attention to a new pilot program that takes effect July 1. The Oregon Public Utility Commission (OPUC) recently issued final rules for the program that offers a promising alternative to more-traditional financing of solar projects.

The 2010 special session of the Oregon Legislature began this week, and the House Revenue Committee wasted no time in holding a hearing on proposed revisions to the Business Energy Tax Credit (BETC) that is available to projects in the conservation and recycling, renewable energy generation, and renewable energy manufacturing sectors.

Learn how to choose, protect and clear content in the digital, internet and social networking world.

And do it while keeping out of trouble.

In today's unpredictable economy, nonprofit boards must learn to adjust to meet the changing needs of their organizations and communities. Nonprofit governance provides the linkage between nonprofit leaders and organizational change.

To call him a bankruptcy attorney misses the point. Al Kennedy, a 25-year partner at Tonkon Torp LLP, does a whole lot more.

Last Sunday's Oregonian included an article questioning the state's Business Energy Tax Credit (BETC) program in light of the current economic climate. Some might put the tax credit on their list to cut, but that would be a mistake.

In a time as bleak as a moonscape in March, there is still Ruth Zagorodny.

As it's become inescapable that we've blown the last six years on bad decisions and worse behavior, that we're leaving the next generations a legacy of trillions in debt, a mountain of receipts for the party and vague advice to make something of themselves, Zagorodny sits in Willamette Park, her eyes full of a 15-year-old's intoxication with possibility.

Our client, Teeny Development, LLC, has achieved Platinum LEED certification on its first of 18 townhomes under construction in Lincoln City.

Tonkon Torp partner Jeff Cronn was a 2008 recipient of the Portland Business Journal's Forty Under 40 Award.

As Oregon's economic climate grows ever greener, some say certain strategies designed to cater to sustainability-minded businesses could actually repel companies from incorporating here.

Partner Jeffrey Cronn is interviewed by the Portland Business Journal.

Tonkon Torp partner Terry Baker was featured on OregonLive.com December 2, 2007.

Government Relations Practice Group associate Inga Deckert was featured in the November 23rd issue of the Portland Business Journal.

Intellectual Property Group Chair Paula Holm Jensen is quoted in an article that appeared in the Portland Business Journal Friday, October 26, 2007.

On October 8, 2007, the firm's Government Relations and Public Policy Group hosted the fourth event in its series of Meet and Greets with Oregon political leaders. Congresswoman Darlene Hooley and Clackamas County Chair Martha Schrader joined 30 firm guests for a breakfast discussion of federal, state and local issues.

This article appeared on August 27, 2007 in the online issue of nwcurrent (http://www.nwcurrent.com/policy/10036611.html).

The Oregon Supreme Court recently found in Holloway v. Republic Indemnity Company of America that a standard anti-assignment provision in a liability insurance policy barred an insured from assigning policy rights after a loss. This decision is a departure from the law in many other states, and may have a significant impact on the way that insured claims are settled in Oregon.

For those of you employing workers in Oregon and Washington, a friendly holiday reminder: On January 1, 2006 the Oregon minimum wage will increase to $7.50 per hour, and the Washington minimum wage will increase to $7.63 per hour.

Nonprofit executive compensation has made headlines in Oregon and nationwide. Am I correct in believing that this has become a hot button issue with regulators? (Reprinted with permission from the Oregon Society of CPAs)

NIKE, Inc. has chosen Tonkon Torp as one of their top law firms in the recent ALM Directory of Go-To Law Firms.

The Supreme Court has now spoken on what kind of conduct an employer must engage in and how harmful that conduct must be for the employer to be liable for retaliation under Title VII of the Civil Rights Act of 1964.

Let's say you are an employer with an employee whose sleep is disturbed each night by leg spasms. The employee smokes medical marijuana every night before he goes to bed.

H-1B numbers will soon be depleted according to figures recently released by the government. Once depleted, H-1B numbers will not become available until October 1, 2007.

The proper use and operation of a special committee can protect decisions of public and private companies from challenge and insulate individual directors from personal liability.

Among the challenging issues for Oregon courts in the last decade is the question of whether, and to what extent, employers must accommodate employees who are legally using marijuana for disabling medical conditions.

A recent U.S. Supreme Court ruling has clarified the definition of a compensable work day for employees required to wear special safety gear.

Oregon's Measure 37 has been at the center of controversy since being passed by voters in 2004. Recently, Measure 37 was ruled unconstitutional by the Marion County Circuit Court. This article provides a brief update regarding these developments.

Since the enactment of the Sarbanes-Oxley Act, the SEC has paid particular attention to the MD&A section of each public company's Annual Report. This article discusses the SEC guidelines for tuning up your MD&A section.

While the People's Republic of China continues its halting steps toward robust merger control legislation, many foreign investors and companies are not aware that current PRC premerger notification regulations may require notification of and approval for offshore transactions not involving Chinese parties.

Building a solid intellectual property foundation is just as important as generating capital or seeking investors. This article outlines simple steps that can help you establish and maintain a sound intellectual property foundation for your business.

Among the challenging human resource issues for Oregon employers in the last decade is the question of how to handle employees who are legally using marijuana. Must employers accommodate medical marijuana use?

Eight months after taking effect, Measure 37 still triggers more questions than answers. One of the most significant unresolved question is whether waivers of land use regulations are transferable. This article explores the issue of waiver trasferability and the implications for real estate financing.

Potential liability continues to grow for employers. Some have recently been found liable for car accidents caused, at least in part, by an employee's use of a cell phone to conduct business.

On August 12, 2005, the United States Citizenship and Immigration Services (USCIS) announced that the annual quota of H-1B numbers available for Fiscal Year 2006 has been reached.

The Court's opinion in Smith v. City Of Jackson is almost certain to increase the volume of age discrimination claims.

H-1B numbers will soon be depleted according to figures recently released by the government. Once depleted, H-1B numbers will not become available until October 1, 2006.

Tonkon Torp's legacy of pro bono was a cornerstone of the firm's annual retreat this year. This Multnomah Lawyer article highlights the firm's commitment to pro bono, a core value of the firm since its inception that continues to this day.

On June 23, 2005, the U.S. Supreme Court ruling in Kelo v. City of New London upheld the condemnation of private property in furtherance of an economic redevelopment plan.

Effective June 21, 2005, the Treasury Department issued final regulations to add standards of practice for tax advisors and to prescribe new requirements for written tax advice.

The Department of Homeland Security begins a Biometric Exit Pilot program at Seattle-Tacoma International Airport. Also, Immigration and Customs Enforcement agency arrested nine people working illegally on the visa waiver program.

The USCIS has issued guidance regarding the 20,000 additional FY 2005 H-1B numbers. Tonkon Torp urges immediate review of employee eligibility with legal counsel. There is a good possibility that the numbers will be exhausted soon after they become available.

Citizens of the United States, Canada, Mexico and Bermuda will be required to carry passports for travel between neighboring countries and the Caribbean under the Western Hemisphere Travel Initiative announced by The Department of State and the Department of Homeland Security.

As of April 1, employers became eligible to file H-1B Petitions for foreign nationals not already employed pursuant to H-1B status, for the USCIS 2006 fiscal year with a start date of October 1, 2005. There is a chance the numbers will be exhausted soon.

Later this year, Congress is expected to consider legislation spelling out heightened corporate governance requirements for nonprofit organizations. With the potential additional regulation looming, many nonprofit boards are already taking steps to ensure better oversight of their operations and transparency with respect to their activities.

USCIS announces 20,000 additional H-1B numbers that are authorized as of March 8, 2005 will NOT be limited to individuals holding a master's degree or higher from a U.S. institution. If you have any employees with a need for an H-1B visa, please review eligibility with legal counsel immediately.

The first in-depth look at post-hire noncompete agreements under Oregon law was issued by the Ninth Circuit on August 9, 2004.

Today, December 8, 2004, the President signed into law significant changes to the H-1B and L-1 visa categories.

Over the weekend, Congress approved significant changes to the H-1B (temporary worker) and L-1 (intracompany transferee) visa categories.

The Immigration and Nationality Act provides for 50,000 permanent resident visas annually to noncitizens who come from countries with low immigration rates

This morning we received news from the United States Citizenship and Immigration Services (USCIS) that the annual quota (cap) of H-1B numbers available for Fiscal Year 2005 (FY2005) has been reached.

It may seem incredible, but for the first time in history the H-1B numbers may be depleted before the Fiscal Year (FY) begins. Our advice: Consider filing H-1B petitions subject to the FY2005 cap immediately.

The State Department recently launched a secure online travel registration website which will allow American citizens to record foreign trip and residence information that the Department of State can use to communicate with registrants in case of an emergency.

The following government news release explains the expansion of biometric exit inspections at U.S. ports of entry.

This will update you on the status of regulations being issued with respect to the FLSA and the FMLA.

As of July 16, 2004, the Department of State (DOS) will no longer accept visa revalidation applications at its mail-in facility in St. Louis, Missouri.

City Did Not Violate Federal Law By Denying Application To Build Church In Residential Neighborhood

City Not Required To Compensate Developer For Condition Of Approval Requiring Dedication Of A Public Pathway

We are sending this NewsAlert to urge employers who contemplate hiring foreign nationals pursuant to H-1B status in FY2005 to consider filing early, because unless Congress acts to increase the numbers, the FY2005 cap could possibily be depleted even prior to the beginning of FY2005 beginning October 1, 2004.

It is very important for nonimmigrant travelers to turn in their I-94 cards at the airport UPON DEPARTING the United States (some exceptions apply to contiguous territories where the trip will be less than 30 days).

Tonkon Torp Wine and Cheese Party to Usher in New DOL Regs: March 31st, 5-6:30 p.m.

Today, Multnomah County, Oregon became the fourth community in the country to issue marriage licenses to same-sex couples.

In a case called General Dynamics Land Systems, Inc. v. Cline, the United States Supreme Court decided that the Age Discrimination in Employment Act (ADEA) does not protect employees over age 40 who are treated less favorably than older employees.

Today, the United States Citizenship and Immigration Services issued a press release announcing that the H-1B cap has been reached and that no new H-1B petitions subject to the cap will be accepted.

The State Department, citing international child abduction and identification concerns, initiated a new requirement this month.

L-1 Intracompany Transferee visas allow employers to transfer employees to the U.S. from related companies abroad. On February 3, 2004, the House International Relations Committee held a hearing, the first in a series of hearings on this issue, which demonstrated the lack of knowledge about the differences between the H-1B and L-1 visas and did not recognize the importance of this visa as a tool to increase foreign investment and create American jobs.

H-1B numbers may be depleted as early as within the next 30 days, according to figures recently released by the government.

Welcome to Clients and Friends from the Real Estate, Land Use & Environmental Practice Group

A recent Oregon Court of Appeals decision clarifies when landowners may recover for inverse condemnation under the state constitution.

The Oregon Legislature passed two important contractor-friendly bills in the 2003 session.