Articles

Litigation 101 - When Solid Business Plans Go Awry

In his May 16 "Risky Business" article for the Daily Journal of Commerce, Steven Olson offers advice on best practices to follow when being sued or when pursuing legal action against another party.

Chapter 11 Filings Are Down, but Not, Unfortunately, Out

Tim Conway discusses Chapter 11 bankruptcy filings in his April 26 article for the Portland Business Journal. Today's business climate, still in transition, presents challenging choices for companies seeking new and restructured debt.

Decker v. NEDC

In an article published by E-Outlook for the Oregon State Bar Environmental & Natural Resources Section, Max Miller studies the March 20, 2013 Supreme Court Opinion in Decker v. Northwest Environmental Defense Center (NEDC).

Class-Action Waivers in Employment Arbitration Agreements After Concepcion

For the 2011 opinion AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court held that class-action waivers in mandatory consumer arbitration agreements are enforceable. In their article for the Spring 2013 edition of Litigation Journal, Robyn Ridler Aoyagi and Molly Honoré study the subsequent application of Concepcion in lower courts.

Farm Bill Inaction Threatens Rural Solar Program

In his March 2013 article for Solar Industry magazine David Petersen discusses the USDA's Rural Energy for America Program (REAP), a lesser-known federal renewable energy initiative which helps finance solar installations.

Look Before You Leap Into Strategic Alliances, Joint Ventures

In his February 15 article for the Daily Journal of Commerce, Marco Materazzi offers businesses a list of best practices to consider when setting up a strategic alliance or joint venture. Strategic alliances and joint ventures offer potential opportunities to businesses of all sizes, but with the potential benefits come a myriad of risks that should be carefully considered prior to formation.

Tax Credit May Give Wind Energy a Gust

In his January 28 article for the Daily Journal of Commerce, Max Miller discusses the American Taxpayer Relief Act of 2012 and the new language it incorporates concerning wind energy tax credits. The new language change provides a longer period of financial certainty for wind developers and should be a good test case for whether developers can succeed in starting more projects in 2013.

Protecting the Crown Jewels of the Business

In his January 8 "Risky Business" article for the Daily Journal of Commerce, David Aman advises businesses on how best to protect access to customer lists, product details, and other proprietary data when an employee leaves. Ultimately, the best way to protect trade secrets is to establish their secrecy from the start, with the first employee hired on the first day and with every employee added thereafter.

Creative Deal Structure Brings Solar to Tigard's Rolling Hills Community Church

In a recent news article for Solar Oregon, David Petersen outlines the deal structure that allowed Tigard's Rolling Hills Community Church to install a solar energy system on its rooftop. In collaboration with Lake Oswego's NW Photon Energy, the church took advantage of Oregon's successful volumetric incentive rate pilot program. NW Photon Energy designed and installed the solar energy system, and its sister company 3CSolar took over ownership and operation, paying the church rent for the use of its rooftop.

Butter Creek Development Still in Litigation

In her December 19 "Plugged In" article for the Daily Journal of Commerce, Jeanne Chamberlain details the continuing legal saga of Ralls Corp.'s Butter Creek wind farm development in Morrow County, Oregon. As David Petersen discussed in a previous "Plugged In" article, President Obama recently invoked his authority under the Defense Production Act to require Ralls Corp., owned by two Chinese nationals, to divest its ownership in the wind project due to its proximity to land used by the US Navy.

Warranties and Indemnifications

In his December 11 "Risky Business" article for the Daily Journal of Commerce, Steven Wilker discusses warranties and indemnifications and advises business to do their homework before buying or selling a product or service.

What Will Drive the Water Conservation of the Future?

Jan Neuman had an editorial, "What Will Drive the Water Conservation of the Future?", published in the Fall 2012 issue of freshwater magazine. In the article, Neuman discusses current wasteful water doctrines, the use of inefficient irrigation systems, and the efforts being made to improve water conservation. These current efforts need to be expanded and old subsidies that incentivize waste need to be replaced.

Whose Idea Was It?

In his November 13 "Risky Business" article for the Daily Journal of Commerce, Jon Stride advises companies on how to deal with idea submissions from sources outside the payroll. Company leaders who aren’t careful about how they accept ideas from such sources may be accused of stealing and using someone’s idea and find themselves defending a lawsuit claiming that they should pay for that idea.

Obama Blocks Chinese Wind Farms in Oregon

In his November 14 "Plugged In" article for the Daily Journal of Commerce, David Petersen discusses President Obama's recent invocation of the Defense Production Act to require a Chinese corporation to divest itself of wind farms purchased in Morrow County, Oregon. This is the first presidential use of DPA authority since 1990 and binds up issues of presidential politics, international posturing, economic protectionism, and trade manipulation.

When Two Worlds Collide: Hybrid Fossil Fuel/Renewable Power Plants

In her October 17 "Plugged In" article for the "Daily Journal of Commerce," Jeanette Schuster studies the emerging trend of hybrid fossil fuel/renewable power plants. Hybrid energy systems are likely to make renewable power facilities competitive enough with fossil fuel power plants to incentivize and accelerate the construction of more energy projects incorporating renewable energy components.

Copyright Ownership: Buyer Beware

In her October 9 "Risky Business" article for the Daily Journal of Commerce, Vicki Ballou discusses copyright and the importance of establishing ownership interest and rights up front, in writing.

Protocols for Data Breaches Can Reduce Litigation Exposure

Tatiana Perry and Ari Okano Lee co-authored an article on data breaches for the September 21 edition of the Portland Business Journal. Any business that maintains, stores or processes a consumer's personally identifiable information must take measures to protect against the loss or unauthorized access to sensitive information it possesses. Both Tatiana and Ari are members of Tonkon Torp's Information Privacy and Security Practice Group.

Encouraging Energy Efficiency Improvements in Multnomah County

In his September 19 "Plugged In" article for the Daily Journal of Commerce, David Forman discusses efforts by Multnomah County leaders to encourage energy efficiency upgrades to homes and commercial buildings. One key proposal involves the PACE (Property Assessed Clean Energy) program. PACE could provide a mechanism by which the county can support healthy economic activity and the reduction of carbon emissions without jeopardizing county revenues and deserves a close look.

Manage Insurance Coverage Like Risks

In his September 11 "Risky Business" article for the Daily Journal of Commerce, Frank Weiss discusses the importance of insurance policy management. By observing a few simple guidelines, owners can help ensure that their companies receive the full benefit of coverage they have paid for.

Corn Ethanol in the Hot Seat

In his August 15th "Plugged In" article for the Daily Journal of Commerce, Duncan Delano argues against recent efforts by members of Congress to waive the ethanol production requirement in the Renewable Fuel Standard. Waiving the production requirement will have little affect on current corn prices and will only hurt the growing ethanol industry.

Independent Contractors Bring Benefits When Properly Classified

In her August 7 "Risky Business" article for the Daily Journal of Commerce, Kristin Bremer discusses the benefits and risks of hiring independent contractors. Independent contractors can provide flexibility and the potential for greater productivity without an increase in overhead for companies. However, improperly classifying an independent contractor can carry significant legal risk.

Clean Diesel Outlook Optimistic Despite WHO Classification of Diesel Exhaust

In her July 18 "Plugged In" article for the Daily Journal of Commerce, Andrea Schmidt discusses the future of diesel in light of the World Health Organization classifying it as carcinogenic. The ubiquity and economic value of diesel means it will stick around, but the new classification should spur the need for more stringent diesel emission standards and further development of clean diesel technology.

E-security Issues Drive Growing Legal Practice Specialty

Ari Okano Lee and Tatiana Perry were featured in a July 19 article published in the Daily Journal of Commerce's BrieflyLegalpdx. The article discusses the growing importance of e-security and highlights Tonkon Torp's new Information Privacy & Security practice group.

Don't Be Careless With a Brand

In his July 10 "Risky Business" article for the Daily Journal of Commerce, Chris Erickson advises companies on how to choose and protect their trademark.

Not Quite a FIT: Inside Oregon's VIR Program

In an article for the July issue of Solar Industry Magazine, David Petersen discusses the challenge of balancing supply and demand facing the solar incentive program in Oregon.

Portland Attorney's Pro Bono Service Helps Balance Social, Economic Inequities

Tonkon Torp litigator Ned Perry was profiled in a June 14 article in the Daily Journal of Commerce's "BrieflyLegalPDX." The article highlights Perry's pro bono service for organizations such as Albina Head Start, Portland YouthBuilders, and Human Solutions Inc.

Spring Wind and Rain: Too Much of a Good Thing?

In his June 20 "Plugged In" article for the Daily Journal of Commerce, Jeff Cronn discusses the problem of excess energy supply facing Bonneville Power Administration. As a result of a wet winter and heavy spring runoff sent through Snake and Columbia River Dams, more power was produced on the transmission grid than customers could use. So far this year, BPA has required wind farm operators to power down four times in response.

Protecting the Board of Directors

In his June 12 "Risky Business" article for the Daily Journal of Commerce, Jeff Cronn discusses the importance of understanding directors’ obligations, and of having the right tools in place to protect them. When a company becomes ready to raise outside capital, it is often time to expand the board of directors. But service as a director brings risk of personal liability. A company owner will want to limit this risk.

Sustainability: What Law Firms Have at Stake

Max Miller, chair of Tonkon Torp's Environmental and Natural Resources Practice Group, is quoted in an article on sustainability in the May issue of Of Counsel. Miller discusses Tonkon Torp's own efforts towards sustainability in the article, which highlights the advantages to embracing sustainability in law.

Financing Renewable Energy Projects is Tricky, but Not Impossible

In his May 16 "Plugged In" article for the Daily Journal of Commerce, David Petersen reviews the current financing possibilities and difficulties facing the renewable energy industry. As a result of the slow-growing economy and low natural gas prices, financing renewables can be a challenge. Yet as demand increases, installed costs fall and fossil fuels become more expensive, renewables will see another upswing.

Issuing Equity to Employees

In their May 8 "Risky Business" article for the Daily Journal of Commerce, Darcy Norville and Michael Millender discuss the merits and drawbacks of issuing equity to employees. Offering an ownership stake in the company can be an appealing way for companies to attract and retain key employees, but it’s not a move that should be taken lightly. Employee ownership can create management problems and produce unintended tax and liquidity consequences for both the company and its employees.

Unleash the Power of Thor: Why Aren't More People Talking About Thorium?

In his April 18 "Plugged In" article for the Daily Journal of Commerce, Duncan Delano details the energy potential of the element thorium. An untapped source of nuclear energy, thorium reactors can be safer, greener, and more energy-efficient than uranium reactors.

Raising Capital for Early-Stage Companies

Jeffrey Woodcox discusses the capital raising options available to early-stage companies in his April 10 "Risky Business" article for the Daily Journal of Commerce. While this is an exciting stage of development for fledgling businesses, it also can be tricky. When taking other people’s money to grow a company, it is important to be aware of the choices available and the legal obligations involved.

Does ORCP 82 Really Require Security for Every Preliminary Injunction?

In his Spring 2012 Litigation Journal article, Steven Wilker studies the 1985 Oregon Supreme Court decision that a preliminary injunction issued without requiring security is void. As a result, the injunction order could be disobeyed without consequence. The Supreme Court made an error, however, because neither the parties nor the court apparently considered the rest of ORCP 82A.

Oregon Can't Afford Not to Invest in Renewables

In her "Plugged In" article for the Daily Journal of Commerce, Kimberlee Stafford discusses recent efforts by Oregon and Washington legislators to water down their respective state renewable portfolio standards (RPS). While Oregon's HB 4073 withered on the vine, Oregonians should continue to resist efforts to undermine the state's RPS as it is good for economic growth, jobs, and clean energy.

Carefully Structure LLCs to Avoid Unintended Consequences

In an article for the Daily Journal of Commerce, Justin Denton warns business owners to look closely at default rules when structuring LLCs. These default rules are almost never what owners would choose if they had been aware of them. The best defense is for owners to work with their legal advisers to craft LLC documents that clearly define how the new entity will operate today and down the road when it faces inevitable “life cycle” events.

Defense Department Leads the Way for Solar on Federal Lands

In his February 15 "Plugged In" article for the Daily Journal of Commerce, David Petersen discusses the results of a new Department of Defense study on the potential for solar energy development on federal lands. The report evaluates the solar energy potential of nine military bases in California and Nevada. Smart development of even the small percentage of military land suitable for solar can produce tremendous results for both energy security and national security.

Supervisors Must Recognize Requests for Accommodations

In a February 3 article for the Portland Business Journal, Clay Creps discusses front-line supervisors' obligation to recognize what constitutes a reasonable request for accommodation by an employee. Properly training supervisors to recognize these requests can minimize the likelihood of costly legal fees resulting from mishandling them.

A Portland Partnership Shines, with Growth During Recession, A Collegial Culture, and an Ability to Win Major Matters

Tonkon Torp Managing Partner Michael M. Morgan was recently interviewed in the January Of Counsel article, "A Portland Partnership Shines, with Growth During Recession, a Collegial Culture, and an Ability to Win Major Matters."

Leveraged Buyout Borrowers Face a Refinancing 'Cliff'

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.

Generational Business Transition is a Process, Not an Event

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.

California Cap and Trade Program Likely to Face Legal Challenges

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.

Your Future Water Supply: When Planning for a Rainy Day is a Bad Idea

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.

The Future of Western Water Law: Will Prior Appropriation Survive Changing Priorities in Western Water Use?

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.

Metro Area Existing and Future Water Supply and Management Considerations

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.

Consensus Needed to Facilitate Renewable Energy Development on Federal Lands

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.

Law Firm Centers its Energy on the Portland Market

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.

Preserving Bull Run: Looking Deeper into Portland's Water Variance

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.

Don't Tinker With Washington's Renewable Portfolio Standard

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.

Surviving Winter - The Ninth Circuit Reaffirms the "Serious Questions" Test for Injunctive Relief

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.

Are Electric Vehicles Green or Brown?

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.

Encouraging Lawyers To Adopt Sustainability Goals

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

Weak Job Market Kills Stricter Ozone Standards

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

Detrimental Reliance Not Required To Get Actual Damages Under FCBA

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.

Wind Energy Facilities: Real or Personal Property?

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.

Renewable Portfolio Standards Face Constitutional Challenges

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.

New UK Bribery Act Raises the Standard for Anti-Corruption Compliance for US Companies

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.

Lawsuits Likely from BPA Wind Power Shut Down

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.

Paying Extra to Plug In

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.

Oregon watches California's RPS saga with great interest

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.

An Underused Defense Tool? Special Motions to Strike

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.

Despite new law, don't delay

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.

Encouraging Renewable Energy: Smart Policy

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.

Geothermal Energy Offers Risks and Rewards

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.

Tonkon Tax Attorney Recommends Reforms to City/County Tax

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.

Firms busy with mergers, acquisitions

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.

Sage grouse: the next spotted owl?

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

Miller Honored With Sustainable Leadership Award

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.

Influencing public policy to support Oregon's life sciences business cluster

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

Scaled-back BETC is fading into the sunset

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.

Take steps now for managing estate taxes

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

Renewable energy raises questions

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

The DJC honors Ari Okano as an Up and Coming Lawyer

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

The DJC honors Caroline Harris Crowne as an Up and Coming Lawyer

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

Future can include wind and coal

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

Bankruptcy Lawyers Cash In

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.

New solar energy pilot program offers alternative to tax credit incentives

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.

Oregon Legislature Hears Proposals To Modify The Business Energy Tax Credit

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.

Nonprofit Governance in Challenging Times: Making Wise Decisions
Seminar Materials

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.

Tonkon Torp Lawyer the Busiest He's Ever Been

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

The Business Energy Tax Credit Delivers for Oregon

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.

College Track

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.

Second Oregon Home Achieves Platinum LEED Certification

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

Jeff Cronn Named to Forty Under 40

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

Some Biz Lawyers Worry Over Sustainability Effort

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.

Risks From Global Warming -- Should Investors Know?

Partner Jeffrey Cronn is interviewed by the Portland Business Journal.

Partner Terry Baker Featured on OregonLive.com

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

Inga Deckert Featured in Portland Business Journal

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

Electronic Devices Strain Firms' Security Measures

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

Tonkon Torp Hosts Meet and Greets With Political Leaders

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.

Current Commentary: Keeping High Standards

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

Think Twice Before Accepting an Assignment of Insurance Rights - Anti-Assignment Provisions may be Enforced in Oregon

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.

Nonprofit Executive Compensation

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. Selects Tonkon Torp as a Go-To Law Firm

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

U.S. Supreme Court Broadens Employer Liability for Retaliation

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.

Medical Marijuana Victory in Oregon Supreme Court

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 Dwindle

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.

When Should a Board Appoint a Special Committee?

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.

Reefer Madness at the Court of Appeals

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.

U.S. Supreme Court Clarifies Pay Issues Regarding Special Safety Gear

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

Marion County Court Invalidates Measure 37

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.

Annual Report Review and Tune-Up

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.

Chinese Premerger Notification Requirements

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.

Protecting and Leveraging Your Intellectual Property

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.

Collision of Medical Marijuana and Oregon Disability Laws Leaves Employers in Limbo

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?

Buyer and Lender Beware: Financing Measure 37 Property

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.

Are Your Employees Putting You At Risk When They Drive While Gabbing?

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.

H-1B Cap Reached for Fiscal Year 2006

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.

Supreme Court Opens Door to More Age Discrimination Lawsuits

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

H-1B Numbers Dwindle

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.

Pro Bono Takes Center Stage at Prominent Local Firm Retreat

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.

U.S. Supreme Court Upholds Government's Ability to Condemn Private Property For Economic Redevelopment

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.

New Treasury Regulations Governing Tax Advice

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.

Biometric Exit Pilot in Seattle; ICE Arrests 9 Working on Visa Waiver

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.

20,000 New H-1B Visas

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.

Passports to be Required for Canada/Mexico Travel

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.

H-1B Temporary Worker Shortage Looms

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.

Corporate Governance Concerns Spill into Nonprofit World

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.

Additional H-1B Numbers Not Limited to Master's Degree Holders

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.

Annual Report of American Bar Association Intellectual Property Law Section

David co-authored the annual report in 2005-2006 and 2006-2007 while serving on the Trade Secrets and Interference With Contracts Subcommittee.

H-1B Cap Reached for Fiscal Year 2005

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.

How to Record Departure from the United States After the Fact

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).

Personal Jurisdiction In A Foreign Forum: Where Will Your Website Take You?

Co-Author of "Personal Jurisdiction In A Foreign Forum: Where Will Your Website Take You?" Litigation Journal, 2001.

Antitrust Law, State Antitrust Practices and Statutes

Co-Author of Oregon Chapter in ABA Section of Antitrust Law, State Antitrust Practices and Statutes, 2d ed, 1999.

Who Gets the Last Word? The Evolving Role of Judge and Jury in Punitive Damages Cases

"Who Gets the Last Word? The Evolving Role of Judge and Jury in Punitive Damages Cases," Litigation Journal, 1998.