Binding Arbitration - Oregon Dealers Cannot Require Binding Arbitration of Warranty Claims

Steven Wilker discusses recent Court decisions on binding arbitration for the November 2011 edition of the Oregon Automobile Dealers Association Newsletter.
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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…
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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…
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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…
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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.
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Weak Job Market Kills Stricter Ozone Standards

In a "Plugged In Column" for the Daily Journal of Commerce, Jeanette Schuster discusses the impact of the economic recession on environmental regulations.
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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…
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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.
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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…
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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…
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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…
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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…
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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…
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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…
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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.
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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…
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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…
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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…
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Sage Grouse: The Next Spotted Owl?

In an article for the Daily Journal Commerce, Jeanette Schuster warns developers to take into account that birds can influence fates of wind and solar energy proposals. The sage grouse has a vast range over 11 Western states, and a decision to…
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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…
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