Oregon State Bar Legal Publications

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           Trade Secrets
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.

Most lawyer-client disputes involve fees. A clear, written agreement between lawyer and client can help prevent misunderstandings, fee disputes, and malpractice claims. The fifth edition of Fee Agreement Compendium is an essential practice tool that covers important information Oregon lawyers need regarding ethics issues, billing costs, credit issues, retainer letters, and IOLTA. Here are just a few reasons why you need this new edition:

• There are now 42 forms, conveniently provided in a downloadable zip file, including general fee agreements, checklists, sample clauses, and specific fee agreements for nine discrete practice areas.
• Each set of forms is preceded by clearly organized notes and comments regarding usage.
• Agreements and letters are written in plain language so that a client can understand the document.
• Essential bankruptcy disclosure statements are included in the bankruptcy chapter, along with the fee agreements.
• Four engagement letters, six nonengagements, and three disengagement letters are included.
• All ethics rules and ethics opinions citations have been updated.

TABLE OF CONTENTS

1. Ethics Issues Arising in Fee Agreements
2. Billing Costs
3. Truth in Lending Act and Attorney Fee Agreements
4. OSB Fee Dispute Resolution Program
5. Drafting Tips for Fee Agreement
6. Retained or Not Retained—You May Need to Prove It
7. IOLTA in Relation to Fee Agreements
8. Contingent Fee Agreement
9. Hourly Fee Agreement
10. Limited Representation Fee Agreement
11. Fixed-Fee Agreement
12. Agreement between Lawyers to Divide Fees
13. Domestic-Relations Fee Agreement
14. Independent-Adoption Fee Agreement
15. Probate Fee Agreement
16. Criminal Law Fee Agreement
17. Entity-Formation Fee Agreement
18. Workers’ Compensation Fee Agreement
19. Social Security Fee Agreement
20. Third-Party Personal-Injury Fee Agreement
21. Attorney Fees in Bankruptcy

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

Dayna E. Underhill; Dawn M. Evans, David Elkanich; Amber A. Hollister; Allison Martin Rhodes; Calon N. Russell; Richard Slottee; Richard G. Spier; Sheila M. Blackford; Mark R. Wada; Daniel F. Kellington; Karen O’Kasey; Holly Pettit; Peter R. Jarvis; Mark J. Fucile; Michael A. Greene; Collin McKean; Tabitha L. Koh; Steven G. Bell; Whitney Boise; Josh Ewing; Derek D. Simmons; David W. Hittle; Hon. Peter C. McKittrick.

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.

Cannabis, both medical and recreational, has been legal in Oregon since 2015 and in Washington since 2013. Legislatures and agencies in both states continue to add to the statutes and rules to address this rapidly evolving area of law. Get the latest edition of Joint Oregon & Washington Cannabis Codebooks and have the statues and related administrative rules in this growing area of law at your fingertips. New paperback binding instead of spiral binding.

Order your complete set 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.

Only want the Oregon Statutes and Rules? Click here. Washington Statutes and Rules are available on their own too! Click here to order today.

This small paperback codebook puts the essential probate and uniform trust code statutes at your fingertips. Serves as a companion to Administering Trusts in Oregon, but is also a useful stand-alone resource.

Includes:

• ORS Chapter 111 — General Provisions
• ORS Chapter 112 — Interstate Succession and Wills
• ORS Chapter 113 — Initiation of Estate Proceedings
• ORS Chapter 114 — Administration of Estates Generally
• ORS Chapter 115 — Claims; Actions and Suits
• ORS Chapter 116 — Accounting, Distribution and Closing
• ORS Chapter 117 — Estates of Absentees
• ORS Chapter 118 — Estate Tax
• ORS Chapter 128 — Trusts; Charitable Activities
• ORS Chapter 129 — Uniform Principal and Income Act
• ORS Chapter 130 — Uniform Trust Code

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.

Administering Trusts in Oregon includes all you need to know to ensure your clients’ peace of mind. With this new edition, you will confidently represent your clients under the Oregon Uniform Trust Code and always be prepared with up-to-date, essential information on trust administration.

 TABLE OF CONTENTS

• The Role of Trusts in the Estate Planning Process
• Overview of the Oregon Uniform Trust Code
• Trust Substitutes
• Trustee Selection and Succession
• Trustee’s Duties, Powers, and Liabilities
• Administration Procedures
• Principal and Income
• Tax Aspects of Trust Administration
• Trust Investments
• Creditors’ Rights and Spendthrift Clauses
• Charitable Trusts
• Special-Needs Trusts
• Pet Trusts
• Oregon Rule against Perpetuities
• Litigation
• Modification, Revocation, and Termination
• Tax Issues in Postmortem Administration
• Ethics and Conflicts of Interest
• Environmental Liability Issues

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

Stephen E. Kantor; Carolyn W. Miller; Hilary A. Newcomb; Ian T. Richardson; Robert J. Saalfeld; Jeffrey G. Moore; Susan N. Gary; Eric R. Foster; Paul F. McClay; Erin Keys MacDonald; Timothy J. Wachter; Stephanie E. Carter; Margaret Vining; Caitlin M. Wong; Eric Wieland; Walker Clark; Christopher P. Cline; Joshua E. Husbands; R. Brent Berselli; Melissa May; Julie Nimnicht; Emily Hogan; Emily V. Karr; Susan B. Bock; Matthew Whitman; Susan A. Bower; Christine P. Brown; Valerie Sasaki; Peter R. Jarvis; Carson Bowler.

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.