In a state like Oregon, business disputes may occasionally involve mining or gas and oil exploration conflicts. In one such business litigation conflict in another state the stakes have been raised by one company's allegations that the other is running a racketeering enterprise in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). The litigation is bitter, and both sides have taken to litigating in the media as well as the courts.
Corporate litigation in Oregon often is filed by shareholders who have a complaint against the company. They may object to how the business is being run or to some major development that they believe indicates poor judgment or abject negligence by the board and the officers of the corporation. When that occurs, both the attorneys for the company and those for the dissenting shareholder(s) will have an intensely strategic job ahead in maneuvering through the business litigation loops that will inevitably be faced.
Data breach cases involving retail companies are becoming common in Oregon and other states. Usually, these business litigation claims are class actions filed to obtain redress for thousands if not millions of consumers. The claims usually center around the theft of the victims' personal information, including addresses, passwords and credit or debit card details, stored on a company's online servers.
In Oregon and elsewhere, claims of fiduciary duty violations are common litigation issues in the field of commercial and business law. These are sometimes brought by consumers against companies for alleged breach of fiduciary duties in providing insurance or investment services. Sometimes, such business litigation actions are brought as class actions on behalf of a group of consumers.
High-profile cases litigated in Oregon and other states are interesting to watch because, for one thing, they usually exhibit certain principles of business litigation that apply universally. A recent high-stakes business litigation case was settled between two giant foes over self-driving car technology. Uber and Waymo settled what had all the markings of a dramatic all-out battle just one week after they started their jury trial.
Many businesses in Oregon are owned and managed by families. Such companies are generally very successful, but that does not mean that they are all immune from having internal conflicts. There are many reasons why family-run businesses may become involved in business litigation that pits family members against each other.
In Oregon, a substantial source of litigation among companies concerns disputes over patents. These are sometimes legitimate conflicts between companies based on traditional patent infringement conflicts that can always arise. However, a problem engendered by unethical opportunists has been festering for decades as companies referred to as patent trolls have purchased patents solely to bring business litigation lawsuits and extract settlements from unsuspecting companies that they accuse of patent infringement.
Oregon has its fair share of trademark infringement and business interference claims. These claims are generally considered to be business litigation torts. In a nearby state, two organizations are battling over similar issues in court. One group, a growers' association, is suing an orchard enterprise, Boa Vista Orchards, on a claim that the orchard is usurping the association's trademark name and interfering with its business operations.
Misappropriation of trade secrets is a common subject for litigation in Oregon and other states. In one business litigation case in another state, a federal district court judge recently ruled in favor of a trade secrets claim made by The Manitowoc Company, Inc. against Sany Heavy Industries and Sany America. Manitowoc is a major international manufacturer of cranes and lift mechanisms.
Oregon is the home of many high-tech companies and, as such, its courts entertain quite a bit of litigation regarding disputes relevant to such companies. One area of constant business litigation between high-tech companies involves allegations of misuse of intellectual property. For example, two giant companies battling over proprietary rights and other contractual matters have been Apple Computer and the chipmaker, Qualcomm.