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March 2014 Archives

What Happens When Employees Mischaracterize FMLA Leave?

Last week, we wrote about employees' rights under the FMLA to take medical leave when certain health emergencies impact the employee or the employee's immediate family. Of course, the leave is not automatically allowed for any cough or cold. Any employee seeking to take FMLA leave must be doing so for a qualifying reason, and the employee must take certain steps to inform the employer of the need for such leave. As a recent Ninth Circuit case illustrates, juries may not be receptive to an employee who attempts to improperly mischaracterize time missed as FMLA leave.

Coexisting Warranties in Property Sales Contracts

Whether dealing with a residential or commercial property sale, there is likely an endless contract full of terms we hardly understand. Beyond just deciphering what the words themselves mean, it can be equally difficult to interpret their impact on the transaction at hand. This problem is compounded by the fact that certain words, when included in property sales contracts, can trigger or deactivate unwritten terms otherwise provided by law.

Breach of Contract Remedies Beyond the Contract Terms

The remedies available for a breach of contract can sometimes be unclear. In some cases, they are fully stated in the contract and easy to understand. More likely, however, statutes unmentioned in the terms of the contract will provide a number of remedies. When you believe someone is attempting to prematurely cancel a contract, you should contact a local business law attorney to clarify which of these remedies may be available to you.

FMLA Qualifying Reasons for Employee Leave

There are some things in life we can't control. To a certain extent, our health and the health of our loved ones is among those things. While we appreciate employees who wont let any ailment slow them down, certain conditions are too serious to cast aside. When those conditions cause employees to miss work, the Family and Medical Leave Act (FMLA) requires employers to excuse that absence depending on the circumstances.

Construction Contracts: No-Damages-for-Delay Clauses

We've previously discussed some of the costs that come with changing or cancelling construction contracts. Sometimes circumstances change that makes these costs unavoidable. But, where the contract need not be rewritten or cancelled, most of the costs resulting from construction contract disputes can be avoided. Though it sounds like a no-brainer, the best way to avoid these costs is to have carefully drafted contracts, written to anticipate circumstances that may change each party's position.

Business Valuations in Shareholder Oppression cases

Previously, we've written about some of the remedies available to shareholder oppression claimants. Among those we mentioned is the judge's ability to dissolve the company, or at least the minority's interest in the company. While these actions can effectively end the oppressive conduct, the question then becomes how will each party's shares be valued? When shareholder oppression is involved, these valuations can become extremely tricky.

Construction Planning: Using Unlicensed Contractors

Sometimes the hardest part of a construction planning project is finding a way to stay under budget. One way businesses accomplish that is by hiring contractors who give the lowest bids for a particular job. Sometimes, however, these contractors aren't actually licensed. If you're planning a construction project, you should contact a construction law attorney who can help you avoid unnecessary exposure to liability, like that which comes with hiring an unlicensed contractor.

Marijuana Law Update: Industry booming in Denver

We've spent a great deal of time discussing the limitations of Washington's I-502 regulations, but it wouldn't be worth talking about if the recreational marijuana industry weren't extremely promising. Washington businesses looking to enter the market need look no further than Colorado to see that promise coming to fruition.

Defamation Action May proceed for Online business Review

Whether intentional or not, almost every business has an online presence. With websites like Yelp, Facebook and Google Reviews, users can create online profiles for businesses they have been to or heard about, and share their experiences and opinions. In some cases, these reviews serve as free advertisements that most businesses will welcome. In others, they create a platform for words that walk the line between criticism and defamation.

Many Litigants Prefer Swift Dispute Resolution

For those new to the legal process, it can be hard to articulate or understand what their preferred road for resolving a case may be. Thanks to a new study by a UC Davis law professor, litigant's preferences are becoming clearer to attorneys. The study reveals, somewhat unsurprisingly, litigants prefer swift and conclusive methods for dispute resolution to other options that may take longer, or leave the conclusiveness of the proceedings up in the air.

Limited Liability Clauses in Home-inspection contracts

Whether you're building a home from the ground up or buying one that's already there, ultimately closing the deal often hinges on an inspector's report. These home-inspection reports are meant to confirm the residential structure is in good physical condition. But, as you can probably imagine, these reports aren't always accurate. In the case of an imprecise inspector's report, who should bear the cost of any resulting injury or repair?

Shareholder Oppression in the LLC

Last week we touched on the kinds of actions that generally constitute shareholder oppression in Oregon. Many of those actions constitute a claim for shareholder oppression whether the actions occur in the context of traditional corporation or an LLC. But, while the actions making up the claim are often the same, the rights and remedies you are entitled to may change depending on whether your business operates as a traditional corporation or is structured as an LLC. Today, we're going to focus on shareholder oppression in the LLC context.

Oregon OSHA's Top Ten Construction Safety Violations

We recently discussed the Oregon Occupational Safety and Health Division's crackdown on construction project safety hazards. Today we want to elaborate on its efforts, and address Oregon OSHA's top ten safety violations for 2013, as published in its February 2014 newsletter.

US Supreme Court Clarifies Personal Jurisdiction Doctrine

In any case, jurisdictional issues can make or break a claim. Whether you're bringing a claim as an individual, or on behalf of your business, it is important to understand just how personal jurisdiction may shape your claims. We've discussed these issues briefly in the past, but last month the United States Supreme Court issued a decision we think illustrates just how nuanced and critical personal jurisdiction issues can be.

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Phone: 206 237 0020

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