Book Information – Page 6 – Oregon State Bar Legal Publications

New Edition! Joint Oregon & Washington Cannabis Codebook

Posted on August 2, 2018 | by Candace McLean | 3 Comments

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.

Guardianships, Conservatorships, and Transfers to Minors, 2018 Edition

Posted on April 11, 2018 | by Candace McLean

Now in its sixth edition, Guardianships, Conservatorships, and Transfer to Minors is a comprehensive guide to protective proceedings in Oregon. Topics include: Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; access to the basic pleading, notice, objection, and hearing procedures to be used for seeking and obtaining the appointment of a fiduciary in a protective proceeding; includes over 45 forms, including checklists for monitoring a protective proceeding to assist the lawyer and the fiduciary; 2017 and 2018 legislation; and much more.

TABLE OF CONTENTS

Introduction
Provisions Generally Applicable to Protective Proceedings
Guardianships and Temporary Fiduciaries
Conservatorships and Other Protective Proceedings
Uniform Transfers to Minors Act

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

Peter Barnhisel, Author
Gary Vigna, Editor

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, 2018 Edition

Posted on March 12, 2018 | by Candace McLean

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.

Oregon Uniform Jury Instructions, 2017 Supplements

Posted on December 19, 2017 | by Candace McLean

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

1 New Instruction
9 Revised Instructions
1 Withdrawn Instruction

The Uniform Civil Jury Instructions Committee completed their review of the landlord-tenant instructions with updates to an instruction last updated in 2011 and the addition of a new instruction addressing landlord retaliation. The committee continued reviewing instructions in other areas that were last reviewed in 2005 as well as updating instructions last reviewed in 2007. Included in this 2017 supplement are nine revised instructions, one new instruction, and one instruction addressing passenger negligence that was withdrawn because it was sufficiently addressed in other instructions.

Oregon Uniform Criminal Instructions

2 New Instructions
8 Revised Instructions
Updated Users’ Guide

The Uniform Criminal Jury Instructions Committee is finishing up its 2017 supplement. The updated Users’ Guide contains discussions on the issues of jury concurrence, judicial admissions, and stipulating to prior convictions. The committee drafted a new curative and limiting instruction to address matters excluded from evidence and matters offered for a limited purpose. The committee also added new case law to a number of instructions and revised the instructions for second-degree robbery and unlawful possession of a firearm.

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.

NEW! Veterans, Military Servicemembers, and the Law, 2017 Edition

Posted on November 1, 2017 | by Candace McLean

Available for Preorder! Order Your Copy Today.

This new offering is a resource developed in conjunction with the Military and Veterans Law Section. It highlights the vast military presence in Oregon, underscoring the need for legal resources to support our veterans and military. It also provides information about legal rights and benefits that may alter how you practice when your client or opponent is a veteran or military servicemember.

Highlights include:

Who Is a Veteran?
Military Branches
Oregon’s Military Presence
Criminal Law for Veterans
Getting Military Records, and Witnesses: Privacy Act, FOIA, and Touhy Requests
The US Department of Veterans’ Affairs
State Veterans’ Benefits and Resources
Employment and Re-Employment Rights
Helping Servicemembers on Active Duty and Veterans as Civil Litigants, Consumers, and Taxpayers
Family Law Issues
PTSD and TBI: Issues in Administrative and Criminal Forums
Veteran-Focused Service Organizations

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.

Advising Oregon Businesses: Vols. 1 & 2, 2017 Edition

Posted on October 31, 2017 | by Candace McLean

Available for Preorder! Order Your Copy Today.

Advising Oregon Businesses provides the tools you need to assist your business clients in choosing and organizing a business entity. This must-have resource is written and edited by Oregon’s foremost business law lawyers. Volumes 1 and 2 have been completely revised to include new topics, 2017 legislation, and one new chapter on where to incorporate.

Highlights include:

Sole Proprietorships
General Partnerships
Limited Liability Partnerships
Limited Partnerships
Partnership Taxation
Tenancy in Common—An Alternative to Partnerships or LLCs
Limited Liability Companies
Procedural Steps of Incorporation
Business Records
Amendment of Articles and Bylaws
Income Tax Consequences of Incorporation
Subchapter S Taxation
Financing in General
Definition of a Security
Public Companies
Private Placement of Securities
Oregon Securities Law
Debt Financing
Venture Capital Financing
Government Financing of the Small Business
Shareholders’ Meetings; Voting; Proxies; and Voting Arrangements
Corporate Buy-Sell Agreements
Redemption or Purchase of Corporate Shares
Shareholder Derivative Actions
Inspection of Corporate Records
Powers, Duties, and Liabilities of Corporate Directors and Officers
Ethical Guidelines for the Business Lawyer
Dividends
Foreign Corporations in Oregon
Assisting an Extranational Corporation in Oregon
Cooperatives
Professional Corporations
Special Problems of Closely Held Businesses
Tax Aspects of Stock Redemptions and Nonliquidating Distributions
Corporate Liquidations
Introduction to Corporate Reorganizations
Acquisitive Corporate Reorganizations: Type A, B, and C Reorganizations
Corporate Separations—The D Reorganization
Type E and Type F Reorganizations
Type G Reorganizations
Cross-Entity Conversions and Mergers
Jurisdiction of Organization – NEW!

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.

Damages Book Wins ACLEA Award

Posted on August 31, 2017 | by Linda Kruschke | 1 Comment

OSB Legal Publications has once again been recognized for our commitment to publishing quality legal resources. We received an award for a book we released in 2016.

The Association for Continuing Legal Education (ACLEA) has selected Damages as the winner of its ACLEA’s Best Award of Outstanding Achievement in Publications. A plaque commemorating the award was presented at ACLEA’s Annual Meeting in Montreal, Quebec, Canada in August and is on display in the lobby of the OSB Center.

Of course, Legal Pubs couldn’t have created this highly informative and innovative book without the help of our three volunteer editorial board members Hon. Karsten Rasmussen, Rick Lee, and Heather Bowman.

Damages was designed to support Oregon attorneys in their role as litigator and advisor. Whether the attorney is a recent law grad or a seasoned attorney, there is something in here for them. This publication was made possible only through the extraordinary dedication and gratuitous contribution of time and talent offered by 50 Oregon attorneys. The accomplished attorneys who drafted each chapter offered their insights—starting with an overview of the particular practice area or basis for money damages, and drilling down into the most relevant details that practicing attorneys are likely to encounter in their practice. The authors included practice tips and caveats where appropriate. Many authors also provided references to other resources, which are often helpful springboards when greater depth of understanding in a nuanced area of the law is necessary.

The authors who volunteered their time and talent on this publication and made an ACLEA award possible are Allen E. Eraut, Julie A. Smith, Joshua Sasaki, Megan McGuire, Laura C. Johnson, David Auxier, Ted Reuter, Bernard S. Moore, Samuel T. Smith, Joshua D. Stadtler, Jeffrey D. Munns, Nicholas E. Wheeler, James C. Edmonds, Jeffrey A. Trautman, Donald E. Templeton, Frederick H. Lundblade, III, Jennifer Middleton, Meredith Holley, Hon. Benjamin M. Bloom, Thomas M. Triplett, Keith S. Dubanevich, Nadine A. Gartner, W. Greg Lockwood, Carson D. Bowler, Michelle G. Rudd, Reilley D. Keating, Jay W. Beattie, Gavin W. Bruce, Emily S. Miller, D. Gary Christensen, Cody Berne, Robert Lane Carey, Lindsay L. Reynolds, Sarah M. Einowski, Jeff Bradford, Rima I. Ghandour, Erin E. Gould, Bryan P. Murphy, Justine Fischer, Thomas C. Peachey, Andrew J. Myers, Michael B. Hallinan, Sara Kobak, Jordan R. Silk, James Coon, Gordon T. Carey, Jr.

The editorial review board, authors, and in-house editors have produced a deskbook that is practical, comprehensive, and well-supported with citations to legal authorities. It filled an ever-present need for up-to-date information on the law of damages in a variety of areas of law. Because of the quality of the publication and its unique place in the market it has become an invaluable resource for Oregon lawyers.

Damages, 2016 Revision

Posted on November 20, 2016 | by Candace McLean | 3 Comments

Available Now!

Damages will help you:

Evaluate a case quickly and competently.
Analyze both plaintiff and defense strategies in damage claims.
Determine the types of damage awards and remedies available to your client.

From compensatory damages to punitive damages to nonmonetary remedies, the award of damages is what brings your client to the civil courtroom. Damages is your essential resource to determine the types of damage awards and remedies that may be available to your client.

Table of Contents:

Compensatory Damages
Nominal Damages
Punitive Damages
Pain and Suffering
Mental Distress
Loss of Earnings and Earning Capacity
Medical Expenses
Impaired Living Capacity
Contributory Negligence and Comparative Fault
Loss of Service
Wrongful Death
Defamation and Invasion of Privacy
Civil Rights and Employment Discrimination
False Imprisonment
Interference with Contractual and Business Relations
Securities Laws
Physical Injury To or Loss of Chattels
Dispossession of Personal Property
Invasions of Real Property, Including Environmental Damage
Condemnation
Tortious Injury to Property in Admiralty
The Standard Fire Insurance Policy and other Direct-Loss Policies
Contracts for the Sale of Goods
Employment Contracts
Construction Contracts
Land Sale Contracts
Special Damages for Breach of Contract
Loss of Profits
Liquidated Damages
Attorney Fees and Costs
Prejudgment Interest
Mitigation of Damages
Collateral Benefits and the Collateral-Source Rule
Additur and Remittitur

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.

Oregon Real Estate Deskbook Wins Award

Posted on September 2, 2016 | by Linda Kruschke

OSB Legal Publications has once again been recognized for our commitment to publishing quality legal resources. We received an award for a book we released in 2015.

The Association for Continuing Legal Education (ACLEA) has selected Oregon Real Estate Deskbook as the winner of its ACLEA’s Best Award of Outstanding Achievement in Publications. A plaque commemorating the award was presented at ACLEA’s Annual Meeting in Seattle, Washington in August and is on display in the lobby of the OSB Center.

Of course, Legal Pubs couldn’t have created this highly informative and innovative book without the help of our many volunteer editorial board members (in bold) and authors: Thomas E. Bahrman, Dustin R. Klinger, Andrew I. Davis, Dina E. Alexander, Peter R. Jarvis, Lee Aronson, Patricia A. Ihnat, C. Cleveland Abbe, Dean P. Gisvold, Jonathan M. Radmacher, Michael G. Magnus, Michelle D. Da Rosa, Robert W. Wilkinson, Amy Heverly, Damien R. Hall, Mark A. Manulik, Paul B. Barton, John B. Benazzi, Rebecca S. Schwarzkopf, Don G. Carter , Jeffrey S. Davis, Benjamin Leedy, Thomas S. Hillier, Christopher R. Ambrose, John A. Lusky, Jonathon L. Goodling, Valerie Athena Tomasi, Marisol Ricoy McAllister, Eleanor A. DuBay, Cody Hoesly, Steven A. Moore, Barry L. Groce, Bennett H. Goldstein, Brent Summers, Jason Alexander, Mike G. Halligan, Rich Canaday, Ryan Nisle, James M. Walker, Charles M. Greeff, Mike Silvey, Jeremy Bader, Thomas S. Smith, Kimberly McCullough, Richard Bailey, Robert W. Wilkinson, Jacob A. Zahniser, P. Stephen Russell III, Rebecca Biermann Tom, Howard M. Feuerstein , Steven F. Hill, Hong N. Huynh, Jennie Bricker, David E. Filippi, Kirk B. Maag, Jerry R. Fish, Eric L. Martin, Christopher C. Criglow, Greg Fullem, Richard Allan, Phillip E. Grillo, Lauren E. Johnson, Phillip C. Querin, William D. Miner, Kathleen L. Wilde, Clifton Molatore, Jeanne Kallage Sinnott, David W. Hercher, John Casey Mills, Teresa H. Pearson, William H. Caffee, Ann E. McQuesten, Jim L. Guse, Ronald A. Shellan, Jeneé (Gifford) Hilliard, John H. Gadon, Adam C. Kobos, Eric J. Kodesch, William F. (Fritz) Paulus, Edwin C. Perry, Neil N. Olsen, Sean M. Mazorol, Jill S. Gelineau, Marilyn Moylan Wall, Harold D. Gillis, Alexandra E. Sosnkowski, Robert R. Griffith, Alec J. Shebiel, and Michael H. McGean. Thanks to all of you for your hard work and dedication to this volunteer effort.

For many years, the Oregon State Bar published a loosely related series of real estate books, each published at different times, with different editorial boards, and with a different focus. In addition, we published a book titled Foreclosing Security Interests, which included real estate foreclosure topics.

In late 2012, we assembled a new editorial board interested in a complete reorganization of the series into a comprehensive multi-volume deskbook designed to meet the evolving needs of Oregon real estate attorneys. The editorial board represented a cross-section of the varied practice areas within real estate law. The board members reviewed all of the existing chapters of the real estate series as well as the Foreclosing Security Interests chapters. They identified topics that were covered in different ways in multiple chapters of the existing series and combined them; identified several topics that were no longer relevant and eliminated those chapters; determined that there were 11 additional topics not covered before that needed to be added; and logically organized the 66 chapters based on the order in which they would likely be encountered by the practitioner.

Oregon Real Estate Deskbook was designed to support Oregon attorneys in their role as legal counselor in real estate transactions where nonlawyers are increasingly playing a leading role. Whether the attorney is a recent law grad or a seasoned attorney, there is something in here for them. This publication was made possible only through the extraordinary dedication and gratuitous contribution of time and talent offered by over 90 Oregon attorneys. The accomplished attorneys who drafted each chapter offered their insights—starting with an overview of the particular practice area and drilling down into the most relevant details that practicing attorneys are likely to encounter in their practice. The authors included forms and practice tips where appropriate. They also provided references to other resources, which are often helpful springboards when greater depth of understanding in a nuanced area of the law is necessary.

Oregon Real Estate Deskbook is available on BarBooks™ to all Oregon Bar members or for purchase in print at the Bar’s online bookstore.

Damages (2016 Revision): Later, but Better

Posted on July 15, 2016 | by Linda Kruschke

by Dean Land, Legal Publications Attorney Editor

During our editing process here in the OSB Legal Publications Department, it’s not uncommon for the Oregon appellate courts to issue an opinion that affects the book that we’re working on. Sometimes, the effect is limited to a minor issue in one or two chapters. Other times, the effect is much broader (like when State v. Gaines, 346 Or 160 (2009), came down just as we were finishing Interpreting Oregon Law). Although it may delay publication, we’d much rather have such a case come down during the editing process than after we go to print. That way, instead of having a book that is immediately outdated, we can make the required edits and provide the Bar an up-to-date legal resource.

As we approach our deadline for the 2016 edition of Damages, the Oregon Supreme Court has indulged us once again, this time by issuing its opinion in Horton v. OHSU, 359 Or 168 (May 5, 2016). In a lengthy decision (140 pages in the Advance Sheets, including concurring and dissenting opinions), the court altered its interpretation of two provisions of the Oregon Constitution and, in doing so, overruled two significant prior decisions.

Before Horton, the court’s analysis of the Remedy Clause of Article I, section 10, was governed by Smothers v. Gresham Transfer, Inc., 332 Or 83 (2001). Under Smothers, the court asked whether Oregon common law, as it stood in 1857 (when the Oregon Constitution was drafted), recognized a cause of action for the plaintiff’s alleged injury. If so, then the Remedy Clause required a constitutionally adequate remedy for that injury. Horton overruled Smothers and disavowed the bright-line rule that protected common-law causes of action that existed in 1857 but offered no protection for causes of action that did not exist in 1857. In place of the Smothers methodology, the court created a framework that considers “the extent to which the legislature [in altering a common-law remedy] has departed from the common-law model measured against its reasons for doing so.” Horton, 359 Or at 220.

Horton also changed the analysis of Article I, section 17, which protects the right to a jury trial in civil cases. Under Lakin v. Senco Products, Inc., 329 Or 62, modified, 329 Or 369 (1999), if Oregon common law in 1857 recognized a cause of action, then Article I, section 17, prevented the trial court from reducing a jury verdict. Thus statutory caps on damages, such as those of the Oregon Tort Claims Act, were inapplicable to those causes of action. Horton overruled Lakin, deciding instead that Article I, section 17, guarantees only a procedural right to a jury for causes of action recognized by Oregon common law in 1857. It does not impose any substantive limits on the legislature’s authority to limit damages for a claim.

Horton affected seven chapters in Damages and required a bit of scrambling on our part. Our in-house editors read the opinion, revised the affected chapters, and sent them back to the authors and the editorial review board for approval and any additional changes. (One exasperated author commented that Horton came down just as he was beginning to understand Smothers.) In the end, though, the new edition of Damages will be more helpful to practitioners because it includes the changes wrought by Horton. Thanks to all our authors and the editorial review board for the extra effort!