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Articles & Alerts

Intellectual Property E-News: Trademark Clearance is a Sound Business Decision for New Business Names or Product Lines

Trademark Clearance is a Sound Business Decision for New Business Names or Product Lines Before investing in a new business name or product line, it is a good idea to evaluate whether the proposed trademark conflicts with preexisting marks. There...

L&E Alert: Collective Bargaining Agreement Can Prevent Employers from Modifying Retiree Healthcare Coverage

Collective Bargaining Agreement Can Prevent Employers from Modifying Retiree Healthcare Coverage Alday v. Raytheon Co., __ F.3d __, 2012 WL 1815674 (9th Cir. May 21, 2012) The Ninth Circuit Court of Appeals recently held that an employer was contractually obligated...

Q&A: Social Media Policies

by Sharon Rudnick Q: Can I institute a policy addressing what employees can say about my business on Facebook? A: Yes. However, the policy must be specific enough to avoid interfering with employees’ rights under the NLRA to engage in...

Q&A: Minority Shareholder Cannot Prevent Sale of Company

by Susan Marmaduke Q:  My sisters and I own our family business, which is an Oregon corporation. The four of us each own 25% of the shares in the company. My sisters want to sell the company. Our shareholder agreement...

Intellectual Property E-News: Nastygrams Can Backfire on Trademark Owners

Nastygrams Can Backfire on Trademark Owners Brand owners should consider benefits, consequences, and alternatives of trademark enforcement cease-and-desist letters. Trademark owners have a duty to monitor and enforce their trademark rights by identifying and stopping unauthorized uses. Cease-and-desist letters (commonly...

L&E Alert: April 30 Deadline Postponed

ALERT: APRIL 30 DEADLINE POSTPONED The U.S. Court of Appeals for the D.C. Circuit has enjoined the National Labor Relations Board (NLRB) from implementing its notice-posting rule. The Court is scheduled to hear oral arguments on the validity of the...

Health Care Law Alert: CMS Issues Proposed Rule to Implement 60-Day Return of Identified Overpayments

HEALTH CARE LAW ALERT CMS Issues Proposed Rule to Implement 60-Day Return of Identified Overpayments The Centers for Medicare & Medicaid Services (CMS) published a proposed rule regarding Medicare providers’ and suppliers’ obligation to timely report and return overpayments. The...

L&E Alert: BOLI Finalizes Rules Interpreting Veterans’ Preference in Hiring and Promotions

BOLI Finalizes Rules Interpreting Veterans’ Preference in Hiring and Promotions Under Oregon law, public employers are subject to a variety of statutory and regulatory obligations regarding veterans’ preference in hiring and promotions. These obligations were recently expanded through several bills...

Q&A: Antitrust Laws for Small Businesses

by Arden Olson Q: Do “antitrust” laws apply to small businesses? A: Yes. Although laws regulating trade may seem to regulate large corporations, even small businesses can violate them. The Sherman Act prohibits not only “monopolizing” large markets, but agreements...

Chiefly L&E: Winter Issue 2012

CHIEFLY L&E HLGR’s Quarterly Labor and Employment Law Bulletin (Winter 2012) This issue contains two articles addressing timely employment topics: employee/independent contractor misclassification; and record requirements for employer-provided cell phones. Summaries of some recent Oregon cases and a federal Ninth...