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Business Litigation & Arbitration


Portland Trust Dispute Attorney's Trust Litigation 101 Series
Posted by: Phil Nelson
December 27, 2011

Entry number two in the series on trust dispute litigation in Oregon and Washington describes the duties of a trustee.

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Trust Dispute Litigation 101: The Basics of a Trust Dispute
Posted by: Phil Nelson
December 22, 2011

Portland trust dispute lawyer, Nicholas Slinde, posts the first in a five-part series on the basics of a trust dispute.  The first entry explains what a trustee is.

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Portland Business Lawsuit Tip: Take the Time to Draft a Meaningful Timeline
Posted by: Phil Nelson
October 20, 2011

Even in the most successful and efficient pieces of litigation, business law clients always wish that it wasn't so expensive.  While there are many potential solutions to that problem, one of the most simple, basic (and most effective) is fully within the client's control: creating a meaningful timeline.

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Document Management Can Be the Key to Efficient Business Litigation
Posted by: Phil Nelson
October 18, 2011

When faced with a business lawsuit, many business owners begin to look for savings and efficiencies in the cost of litigation. Once litigation is commenced, however, a significant opportunity to realize savings has already passed.

As any seasoned business dispute attorney will tell you, planning for litigation before it occurs is often the best way to effectively and efficiently litigate a business dispute.

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Are Interrogatories Right For Oregon?
Posted by: Kevin Parks
October 14, 2011

49 states utilize interrogatories as a discovery tool in civil litigation. So do all the U.S. federal courts. However, Oregon's state rule on interrogatories, ORCP 42, is blank.

One Oregon lawyer wants to change that. The question is: Is he right?

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Litigation Hold is an Important Tool in the Litigator's Arsenal
Posted by: Phil Nelson
September 07, 2011

Unlike the days when physical letters were kept in actual files, obtaining litigation documents and other evidence through the discovery process in the electronic era is not always easy. Enter: the litigation hold.

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Business Common Actor Liability Claims Can Be Expensive for Individuals to Defend
Posted by: Phil Nelson
September 02, 2011

Corpoprate officers, directors and shareholders are often protected from individual liability for corporate acts by the corporate shield. But some legal claims can pierce the corporate veil and leave individuals having to defend expensive civil suits.

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Striking Fast in Litigation Makes Sense
Posted by: Phil Nelson
August 26, 2011

Litigation always costs money, but a quick strike approach right out of the gate can be a very effective litigation tool and can ultimately save you legal fees and litigation expenses in the long run.

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This Is Your Brain On Text Messages
Posted by: Phil Nelson
August 21, 2011

Text messages are peculiar, in that they're quick, easy, and informal, and also that they seem to cause even the most cautious businesspeople to let their guard down. So when it comes to high stakes, highly contenious litigation, increasingly text messages can truly be make-or-break.

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The Relationship Has To Be Special If You Need to Hold Someone Accountable for a Screw-Up
Posted by: Phil Nelson
August 09, 2011

Breach of contract issues often come up in business litigation. But negligence? That sounds more like a personal injury case. But if the parties to a business lawsuit are in a "special relationship," negligence can indeed be an important issue.

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Nuts and Bolts Business Litigation Can Streamline Lawsuits, Save Money
Posted by: Phil Nelson
July 18, 2011

Business litigation can be a long and expensive process. The best business law attorneys look for opportunities to streamline the process and make it more cost effective for their clients. Tools that can narrow the focus of a lawsuit often help.

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Business Fraud: When It's More Than Just Breach of Contract
Posted by: Phil Nelson
July 11, 2011

When a business owner first considers bringing a commercial lawsuit, their mindset is usually focused on a breach of contract claim. However, many time the facts could also support a fraud claim, as well, which carries a lot of benefits in terms of damages.

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Targeted Discovery is Better for Cost-Conscious Business Litigants With Strong Cases
Posted by: Phil Nelson
July 10, 2011

A last minute delivery of boxes and boxes of discovery documents to a litigation opponent can be an effective tactic -- quite literally, burying the competition. But in many instances, a more pointed, targeted approach to discovery is a better option.

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Oregon Partnership Law: Breaking Up Is Hard To Do
Posted by: Phil Nelson
June 27, 2011

In business partnerships, like marriages, getting together is often far easier than breaking up.

Whether you're in Oregon or Washington, partnership laws can assist youin finding a way out of an unworkable business relationship. But dealing with a partnership dispute after the partnership is already formed (or worse, after it's started to unravel), just like a marriage headed for divorce, is never easy.

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Questions All Clients Should Ask
Posted by: Darian Stanford
June 11, 2011

Whether you're suing someone or being sued, lawsuits can be intimidating. But the reality is that sometimes you have no other choice and a lawsuit may be the only way to correct a wrong or find justice.

If you find yourself in a lawsuit, there are often many important choices to make and, perhaps even more important, many questions you should ask.

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Crowded Seattle Docket Makes Business Disputes More Costly, Unless...
Posted by: Phil Nelson
May 20, 2011

If your Seattle business dispute lands on the King County docket, be prepared for a long wait. But preventative lawyering, especially effective contract writing, can help your business avoid lengthy dispute litigation and keep you focused on what you need to focus on: your business.

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Horse Racing at Portland Meadows Makes for Good Business Law Contract Disputes
Posted by: Phil Nelson
May 03, 2011


The Court of Appeals recently decided an important business law and contract dispute case involving the operation of the Portland Meadows horse racing track.

Ultimately, the decision wasn't important so much for its legal precedent so much as for its practical lesson to Portland businesses: Keep your contracts fresh.

It doesn't take a racing enthusiast to realize that taking a gamble with critical contract language can be both costly, and prevented.

 


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Contract Disputes: Contractual Arbitration, Who Decides What?
Posted by: Phil Nelson
October 14, 2010

Questions surrounding arbitration clauses in business contracts have produced business disputes over a number of issues, many of which have resulted in litigation. To our clients' surprise, and occasional dismay, much of that litigation has played out in the courts, not before arbitrators.

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Expedited Civil Jury Trial Program Offers a Swift Alternative for Resolving Business Disputes
Posted by: Phil Nelson
August 31, 2010

Business litigation is often a high-stakes, high-cost, long-struggle endeavor. Multnomah County recently announced a pilot program aimed at addressing two of those issues.

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