Oregon State Bar Legal Publications

• 2 volumes; loose-leaf
• 1,300 pages ∼
• Publication Date: November 2019
• Editorial Review Board: Sam Imperati, Richard Vangelisti, Erica Glaser, Lisa Amato, Scott Bellows, and Jill Goldsmith

Whether you call it Alternative Dispute Resolution or Appropriate Dispute Resolution, methods of resolving your clients’ legal matters range far beyond litigation. ADR in Oregon provides the nuts and bolts of arbitration, mediation, collaborative law, and more. Whether your client’s case is subject to mandatory arbitration or you are simply looking for a more cost-effective way to resolve the dispute, ADR in Oregon will point the way. Benefiting from the wisdom of an all-new editorial review board, this completely reorganized and revised resource answers your questions concerning ADR generally and in specific practice areas.

TABLE OF CONTENTS

1. Introduction
2. Selecting an ADR Process and Provider
3. Mediation Overview and Mechanics
4. Mediation Confidentiality
5. Mediator Techniques
6. Advocacy and Ethics
7. Mediator Approaches and Ethics
8. Overview of Court-Annexed Arbitration
9. Overview of Contractual Binding Arbitration
10. Legal Bases and Procedures for Compelling or Resisting ADR
11. Evidence in Arbitration
12. Attorney Advocacy and Ethics in Arbitration
13. Arbitrator Ethics
14. Post-Award Procedures
15. Mediation in State Administrative Proceedings
16. PIP/UM/UIM Coverage
17. Restorative Justice in the Criminal Justice System
18. ADR in Family Law
19. Real Estate Disputes
20. ADR in Construction Disputes
21. Securities
22. Developments in Federal Courts and Agencies
23. Appellate Settlement Conference Program
24. Workplace and Organizational Mediation
25. Landlord-Tenant and Small Claims
26. Bankruptcy and Creditors’ Rights
27. Collaborative Law
28. Employment Law
29. Arbitration and Mediation in Labor Relations
30. Workers’ Compensation
31. ADR in Environmental and Natural Resource Disputes
32. Land Use
33. Probate and Estates
34. Native American Related Matters [Reserved for Expansion]
35. Consumer Law
36. Community Dispute Resolution
37. ADR for Intellectual Property Disputes
38. Juvenile Court and Dependency Proceedings
39. Medical Malpractice and Healthcare Incidents
40. Online Dispute Resolution
41. Transnational Implications

Table of Forms
Table of Statutes and Rules
Table of Cases

A special thank you to the following editors and authors for their time and contributions to this new edition:

Sam Imperati, Richard Vangelisti, Erica Glaser, Lisa Amato, Scott Bellows, Jill Goldsmith, Dennis Westlind, Laura Caldera Taylor, Lisanne Butterfield, Sally LaJoie, Emil J. Ali, Daniel Keppler, Thomas W. Brown, Rudy Lachenmeier, Lauren MacNeill, Halah Ilias, Sonia Montalbano, Marcia Buckley, Devin Howington, John L. Barlow, Sarah Harlos, Britta E. Warren, Lisa C. Brown, James Edmonds, Matthew Colley, Michael Fuller, Dominic Carollo, Kelly Donovan Jones, Nikki A.W. Abercrombie, Jon W. Monson, Chris Pikarski, Jesus Miguel Palomares, James J. Damis, Larry D. Schucht, Tom D’Amore, Tara Millan, Carley Adams, Matthew Hartman, Cara Walsh, Lisa Fitzgerald, Hon. Diana I. Stuart, Lorena Reynolds, Jim Zupancic, Susan T. Alterman, Jeremy T. Vermilyea, D. Gary Christensen, Robert S. Banks, Gary Grenley, Keil Mueller, Douglas R. Ricks, Judy D. Henry, Tsipora Dimant, Hon. Kathleen J. Proctor, Brent Summers, Johnston Mitchell, Jo Posey, Jill Brittle, Myah Kehoe, Nicole Deering, Robert Meyer, Heather Bowman, Paul M. Ostroff, Jeffrey P. Chicoine, Bruce D. Smith, Joan P. Snyder, Wendie L. Kellington, Michele Buck-Romero, Katharine West, Michael Fuller, Kelly Donovan Jones, Tera Cleland, John Mansfield, Mark Kramer, Meg Goldberg, Richard Lane, James C. Melamed, and Roger Ullmann.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, x 413.

• 2 volumes; loose-leaf
• 1,500 pages ~
• Publication Date: September 2019
• Editorial Review Board: Katie Jo Johnson, Michael Peterkin, Stacey A. Martinson, and John Stewart

The Oregon State Bar issued the first publication on construction law in 1989. It was an overwhelming success. Updates were published in 1993, 1997, and 2004. They have been likewise successful. The construction and design area of law continues to expand, and there are an ever-increasing number of lawyers representing clients in this practice area.

Construction Law in Oregon is the top resource for Oregon lawyers involved in commercial, design-build, residential, or state and local government construction projects. This book provides the information needed to successfully negotiate construction contracts, and handle disputes, claims, liens, bonds, and federal procurements. This edition includes a new chapter on insurance coverage issues. We are also offering a companion Construction Law Codebook with relevant Oregon statutes and select federal laws to aid you in your practice.

TABLE OF CONTENTS

Volume 1

1          Contractor and Subcontractor Licensing and Registration
2          Overview of Legal Relationships
3          Architect and Engineer Liability and Agreements
4          Private Construction Contracts: General Principles
5          Subcontracts and Purchase Orders
6          Unique Issues Relating to State and Local Public Construction Contracts
7          Federal Procurements
8          Design-Build Construction
9          Residential Construction
10        The Surety Relationship and Payment and Performance Bonds

Volume 2

11        Insurance Coverage Issues
12        Technology in Construction
13        Bid Disputes
14        Proving and Defending Claims on Construction Projects
15        Damages Under Construction Agreements, and Documentation
16        Construction Liens
17        Building Inspections
18        Construction Contractors Board
19        Construction Disputes

Table of Forms
Table of Statutes and Rules
Table of Cases
Subject Index

A special thank you to the following editors and authors for their time and contributions to this new edition: 

Katie Jo Johnson, Michael Peterkin, Stacey A. Martinson, John Stewart, Eric a. Grasberger, Stephanie Holmberg, James M. Walker, J. Daniel Gragg, Andrew MacKendrick, Roger Lenneberg, Brent Carpenter, Andrew Guess, Sean C. Gay, Zachary S. Davis, Jacob Zahniser, David Bowser, Dean E. Aldrich, Jack Levy, Jan D. Sokol, Jesse C. Ormond, Kevin Coles, Matthew Berry, Brian Hickman, Gregory L. Baird, Jason W. Alexander, James F. Marron, Lea K. Schneider, Tyler Storti, Joseph A. Yazbeck, Jr., Brent Carpenter, Angela M. Otto, Peter Willcox-Johes, Megan Evans, Douglas R. Hookland, Tara M. Johnson, Bob O’Halloran, and D. Gary Christensen

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413. 

Represent your juvenile clients effectively with Juvenile Law: Delinquency. Written by public defenders, state attorneys, private practitioners, and judges, this second volume of Juvenile Law deals with issues relevant to delinquency cases, from custody and intake through appeals, as well as expunction of juvenile court records. It offers a thorough examination of the Juvenile Code as well as the code’s case law interpretations, includes the latest 2019 legislative developments, and is full of practice tips. This volume also includes the full text of the Juvenile Code and bills passed in 2018 and 2019, for quick reference to the statutes. Order your copy today and have the solutions your clients need at your fingertips.

Table of Contents

1. History, Philosophy, and Basic Structure of the Juvenile-Justice System in Oregon
2. Confidentiality of Records in Juvenile Proceedings
3. Ethics and Standards
4. Custody
5. Informal Disposition, Prevention, and Diversion
6. Prepetition Issues, Detention, and Waiver
7. Preadjudication Issues
8. The Delinquency Adjudication
9. The Delinquency Disposition
10. Postdisposition Issues
11. Appeals
12. Expunction of Juvenile Court Record

Table of Forms
Table of Statutes and Rules
Table of Cases
Subject Index

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413. 

With Oregon Uniform Jury Instructions you will always be prepared for trial with up-to-date and customizable jury instructions, save time by using instructions already drafted by the experts, and represent your clients with confidence using the comments to the instructions.

Oregon Uniform Civil Jury Instructions

• 2 Withdrawn Instructions

The Uniform Civil Jury Instructions Committee produced a small supplement of two withdrawn.

Oregon Uniform Criminal Instructions

• 1 New Instruction
• 40 Revised Instructions

The Uniform Criminal Jury Instructions Committee, this year, concentrated on updating the General Instructions chapter. In particular, the committee rewrote the verdict forms and added material to the comments for the “intentionally” and “knowingly” instructions. The committee also wrote a new instruction defining the phrase “extreme indifference to human life”.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or toll-free in Oregon, 1-800-452-8260, x 413.

Written and edited by Oregon’s foremost business law lawyers, Advising Oregon Businesses, volumes 3 and 4, provides extensive coverage of some of the finer, more advanced aspects of business law. Topics include acquisitions, government contracts, insurance, business valuation, bankruptcy, intellectual property, and a new chapter on licensing. This set is a valuable resource for any attorney with business clients.

TABLE OF CONTENTS

VOLUME 3—OREGON BUSINESS CONCERNS
45           Executive Compensation Matters
46           Qualified Retirement Plans
47           Estate Planning for Owners of Closely Held Businesses
48           Business Risk and Insurance Coverage
49           Company Policies
50           Doing Business with the Government
51           Doing Business with Indian Tribes
52           Evaluating and Structuring Acquisitions; Decision Factors; Nontax Considerations
53           Structuring the Transaction: Tax Considerations
54           Valuing the Business
55           Financing the Purchase
56           Legal Opinions in Business Transactions—Customary Practice
57           Bankruptcy

VOLUME 4—INTELLECTUAL PROPERTY AND COMPETITIVE RESTRICTIONS
58           Overview of the Antitrust Laws
59           Business Names
60           Domain Names
61           Trademarks
62           Copyrights
63           Patent Law Essentials
64           Technology Licensing: Strategic Issues Every Licensor and Licensee Should Know
65           Confidentiality Agreements
66           The Departing Employee—Competitive Restrictions
67           Government Regulation of Franchises
68           Business Aspects of Franchising

Table of Statutes and Rules
Table of Cases
Subject Index

A special thank you to the following editors and authors for their time and contributions to this new edition:

Jere Webb; Andrew Ognall; John R. Thomas; Ernie Bootsma; Mark von Bergen; David C. Culpepper; Joseph L. Reinhart; Emily V. Karr; Steven G. Bell; Seth H. Row; Alexandra Shulman; Zachary S. Davis; Sean C. Gay; Townsend Hyatt; Robert James Miller; Steven White; Steven Hull; Christopher K. Heuer; Adam D. Schurle; Blake Runckel; Andrew J. Morrow, Jr.; Niccolo F. Barber; Chris Gregores; Douglas R. Pahl; Jeremy D. Sacks; Keith E. McIntire; Madison Kaplan; Joshua G. Gigger; David P. Cooper; Parna A. Mehrbani; Richard J. Polley; Frank X. Curci; David L. Silverman; Randolph C. Foster; Todd A. Hanchett; Douglas D. Smith; Ryan D. Smith; and Bradley D. Smith.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

Did you ever think a law book could be entertaining? And if, against all odds, you found an entertaining law book, what do you think its topic would be? You probably wouldn’t have guessed “common-law indemnity.” Well, Annie & the Octopus is here to surprise you. In engaging fashion, this book gives down-to-earth advice on asserting and defending a common-law indemnity claim. It tackles complex statutes and confusing case law to cover the following subjects:

• history of common-law indemnity
• elements and proof required
• statutes of limitation and repose
• vouching in
• settlement of the underlying case
• defense-cost indemnity
• predictions for the future of indemnity

This is not your typical law book. If you want a stodgy old tome of dry legal writing, look elsewhere. You might just find yourself reading Annie & the Octopus for fun.

TABLE OF CONTENTS

1          Introduction
2          Common-Law Implied Indemnity—Bygones and Backdrop
3          Fault: The Illusive Chameleon
4          Pleading and Proving an Indemnity Claim
5          Surviving an Eclectic Shock
6          Statutes of Limitation and Repose
7          Common-Law Vouching-In: “Indemnity Made Easy” (and Other Lies)
8          Vouching “Out” or “A Fool and His Vouch Are Soon Parted”
9          Pleading and Proving Indemnity after Settlement of the Third-Party Claim
10        Recovery of Defense Costs
11        Indemnity: Back to the Future—“Salvation and Soothsaying”
12        Astoria Revisited—“Paradox, Problems, and Proposals”

A special thank you to our volunteer authors for their time and contributions to this new offering:

E. Richard, Bodyfelt, Barry M. Mount, and Roger K. Stroup

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

If you assist clients in estate planning matters, chances are you’ll also administer many of their estates. From initiating a probate proceeding to managing and distributing estate assets, Administering Oregon Estates will help you guide the personal representative through the process.

This supplement highlights changes to Oregon law resulting from legislative amendments made in 2013 through 2018, including the following:

• New procedures allowing the proponent of a writing that does not comply with the formalities of a validly executed will to establish that the decedent intended the writing to constitute the decedent’s will, a partial or complete revocation of the will, or an addition to or an alteration of the will.
• Updated bonding requirements in probate proceedings.
• Amendments to statutes regarding notice in probate proceedings and will contests.
• New provisions regarding attorney fees, advance directives, and the personal representative’s compensation
• Provisions relating to when a child “conceived from the genetic material of a decedent who died before the transfer of the decedent’s genetic material into a person’s body” is entitled to an interest in the decedent’s estate.

TABLE OF CONTENTS

1. Alternatives to Probate
2. Probate Jurisdiction and Procedures
3. Preadministration Procedures
4. Intestate Succession, Wills, and Community Property
5. Initiating Probate and Small-Estate Proceedings
6. Special Considerations
7. Initial Responsibilities and Liabilities of Personal Representative
8. Rights of Interested Persons
9. Claims Against the Estate
10. Managing Estate Assets
11. Accounting, Distribution, and Closing
12. Federal Estate Tax
13. Generation-Skipping Transfer Tax
14. Oregon Estate Tax
15. Litigation

A special thank you to the following editors and authors for their time and contributions to this new edition:

Jonathan S. Levy; Philip N. Jones; Kate Kilberg; Kimberly Pray; Jennifer Woodhouse; Holly Mitchell; Eric Wieland; Lisa N. Bertalan; Janice Hatton; Nicholas Frost; Timothy J. Wachter; Katharine West; Sam Friedenberg; Amy Bilyeu; Steven A. Nicholes; Vanessa A. Usui; Richard W. Miller; and Sibylle Baer.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.