Portland Business & Commercial Law Blog

The ramifications of private email use by public officials regarding governmental matters is a phenomenon that is generating litigation throughout the country, with the possibility for the same here in Oregon. Aside from the familiar political issues of improper email usage made by political parties against each other, consumer and public interest groups assert violations of access to public records laws caused by private email archiving. Consequently, a national web of business litigation cases may be an emerging trend.

There is a need to allocate financial risk and to fix the disorganized and unformulated policies currently existing. For a municipality, public body or an elected official who may be feeling the pressure and heat of not having selected appropriate government channels for all email communications, associating with an experienced business litigation law firm may be an essential first step in meeting the big challenges ahead. The Restatement and other uniform law groups may be at the cutting edge of fulfilling the need for uniform rules to guide private and public actors.

Once the concept and preliminary plans for a new business are in place, finding funding in Oregon and elsewhere is sometimes a far greater challenge. Even where business formation has been accomplished with the assistance of a business law attorney, obtaining the funding to move forward may still be a major obstacle and point of stress for the company. Experts suggest that the new entity join its business' community and start some heavy-duty networking.

This is a time-intensive project because the startup's founder(s) do not know precisely where that funding will come from at first. Therefore, there is a need to talk to as many people as possible in one's particular business community and to keep networking until the funds are located. In addition, the startup's founder(s) must do their own due diligence and research the venture capitalists and angel investors that have expressed an interest. A particular investor may not be appropriate for the business selected.

In Oregon and anywhere else the concern of a small business when it becomes embroiled in a court case with another company goes beyond just the dollars and cents pertaining to the disputed claim. The small business owner must also worry that the company does not get off of its focus and its mission by the distraction of an emotional adversary battle. That kind of obsession can build up in business litigation when the case involves multiple depositions of key executives and extensive e-discovery that is technical enough to get anyone out of focus.

One regretful aspect of the problem is that the company might be required to invest serious time and resources on issues that have little or nothing to do with the company's business activities. The claims may have more to do with fuzzy demands and unfounded legal assertions. These matters may nonetheless require large investments of time by high-level managers. Almost every case between business entities will involve time-consuming data searches looking for the answers to detailed inquiries by the other side.

It is common sense that a business owner in Oregon should have a battery of business agreements to use for various situations that come up in the course of doing business. Contracts are something in which an experienced business law attorney excels. Whenever possible, obtain the attorney's expertise when attempting to draft agreements in the business. After all, the professional processing of business transactions is a win-win proposition which leads logically to increased business for the company.

There are some general contract-drafting principles that a business owner can remember. There may be times when it is necessary to act quickly and to create a contract for oneself, but it is also worthwhile to know these principles while working in cooperation with the company's business law attorney.  Make sure that all of the information that is the subject matter of the contract is detailed and recorded prior to attempting to draft an agreement.