Oregon Business Law Questions & Answers

Q: If I have an idea and I would like to sale it to a company,and I want to guarantee that they don't steel it

1 Answer | Asked in Business Formation and Business Law for Oregon on
Answered on May 14, 2018
Benton R Patterson III's answer
It depends on what the idea is. If it falls under patent, trademark, or copyright law, you should take the respective action to secure it (prosecute a patent or trademark application or register your copyright). If it does not fall under one of those categories, it may be a trade secret, in which case you will need an agreement that keeps the disclosure confidential. There is likely not a standard form you can use. Even if there was, it would be better to have an attorney prepare contract...

Q: Can I sue a company for lost wages who recruited me and then went bankrupt 3 months later due to hidden money issues?

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Answered on May 11, 2018
Mr. Michael O. Stevens' answer
You could certainly try, but given they are bankrupt it may be a pointless effort since they have no money.

Q: Does my LLC have to be the persona my online retail store operates as?

1 Answer | Asked in Business Formation and Business Law for Oregon on
Answered on May 8, 2018
Benton R Patterson III's answer
A business name does not have to match the name of a website it owns. It is fairly common for a business to own internet properties of a different name. It is likely fine to use the name doctor as part of a longer website name, so long as you do not do anything to suggest or cause confusion as to whether you are an actual doctor or are qualified to give out medical advice. If your business takes hold, you should consider protecting its trademark rights.

Q: How do I know if a civil subpoena is valid and if I am actually required to provide every item requested?

1 Answer | Asked in Business Law and Civil Litigation for Oregon on
Answered on May 4, 2018
Benton R Patterson III's answer
You should be able to contact the attorney responsible for sending the subpoena and the court that granted it to verify its accuracy. You should consider retaining your own attorney to help determine what document should be produced.

Q: Is it illegal to walk out of a nail salon without paying if you received terrible or incomplete service

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Arbitration / Mediation Law for Oregon on
Answered on Feb 12, 2018
Joanne Reisman's answer
You got some service so you should at least offer to pay for the part of the service you got.

Q: Does an LLC "own" works created by its members by default? Or does it only own what is explicitly put in its ownership?

1 Answer | Asked in Business Law and Intellectual Property for Oregon on
Answered on Feb 6, 2018
Benton R Patterson III's answer
An attorney would need to review all the facts to answer this question, most importantly, the LLC operating agreement. It is possible there could be joint ownership of the property by the members, if not through the LLC, then through a general partnership created by law as a result of the collaborative nature of the project. The fact that certain property is not in the name of the LLC does not necessarily mean that the property is not jointly owned. For projects like this, typically the...

Q: Can my accountant “gift” assets from my portion of a family LLC to other members without my written consent?

1 Answer | Asked in Estate Planning and Business Law for Oregon on
Answered on Jan 28, 2018
Joanne Reisman's answer
You are describing a complex situation that has written documents that need to be reviewed before anyone can answer your question. There are also potential tax issues that may require the expertise of a tax specialist. It just isn't realistic to post a couple of sentences on a website for this type of problem and expect to get sound legal advice. I do understand that you are focused on the issue of what you did and didn't give permission for, but there could be other legal issues that need...

Q: Must I collect sales tax from customers if my business is registered in Nevada, but manufactures and sells from Oregon?

1 Answer | Asked in Business Law for Oregon on
Answered on Nov 29, 2017
Joanne Reisman's answer
This is a tax question, not a business law question. I suggest you hire a good CPA and ask them what tax issues you need to worry about with your current business set up. You can also ask what steps you can take to minimize your taxes.

Q: Can i sue american company while i am in Ecuador?

1 Answer | Asked in Business Formation, Business Law, Consumer Law and Contracts for Oregon on
Answered on Oct 7, 2017
Salim U. Shaikh's answer
Your question needs further elaboration so as to make a specific advice.

You did contract an American company to make an app for internet. Believing that contract confirmation was sent by that company and while acknowledging they did confirm the time period of making app. If that time was agreed by you then you have no case. If you substantiate your claim that they took more time and delayed supply of app then Consumer Court can be engaged to adjudicate the matter through an...

Q: My mortgage company pulled out our payment two weeks early. Which has wiped out my bank account. What do I do?

1 Answer | Asked in Business Law and Consumer Law for Oregon on
Answered on Aug 16, 2017
Joanne Reisman's answer
Talk to your bank and do damage control. Talk to your lender and find out why they didn't what they did. I would stop autopay so this can't happen anymore if that is an option. Talk to anyone that you needed to pay and can't and explain the situation. Most creditors are nice if you ask nicely and explain the problem. Ask them to waive any late fees or finance charges. It is time consuming but they usually will wave these. If you are able, apply for a low interest home mortgage equity line...

Q: Hobby Lobby selling my art without permission

3 Answers | Asked in Business Law and Copyright for Oregon on
Answered on Aug 10, 2017
Mr. Michael O. Stevens' answer
You do have some recourse. If you registered your images with the Copyright Office you have better options, but at the least you could send a take down letter/cease and desist letter.

Q: When I was hired on by a company I had to sign a non compete contract June 15 2016. The restriction is for two years.

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Oregon on
Answered on Jul 27, 2017
Joanne Reisman's answer
I don't know what new law you are talking about. Do you have a citation for it?

Q: What a public enterprises that demonstrate patterns if Rico activity?

1 Answer | Asked in Business Law and Criminal Law for Oregon on
Answered on Jun 4, 2017
Joanne Reisman's answer
This isn't a comprehensible question.

Q: How long does a principal broker have to remove a broker from their website when they have left the company in the state

1 Answer | Asked in Real Estate Law and Business Law for Oregon on
Answered on Jun 2, 2017
Joanne Reisman's answer
I don't know but the Oregon Real Estate Licensing Board may have the answer. http://www.oregon.gov/REA/Pages/laws_rules.aspx (There is a phone number that you can use to call them on this page too. I suspect there are ethical rules that realtors and brokers must follow.)

Q: Can an employer ask for on-site random drug test in a public restroom in plain sight of the customers you service?

1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for Oregon on
Answered on May 16, 2017
Mr. Michael O. Stevens' answer
I am not aware of any law that would prohibit this. However, your first step should be to take your concerns to management. A well laid out argument that addresses exactly why this is a bad idea for the company (e.g. lost customers), along with a well thought out plan to address those concerns but also meets the company's issues (such as do the test before opening or after closing) may be all that is needed.

Q: high school booster club does fund raising and people donated for specific sports programs do we fall under title 9 law

1 Answer | Asked in Business Law for Oregon on
Answered on Mar 22, 2017
Glenn B. Manishin's answer
Very unlikely. Title IX obligations apply to an educational institution or "education program or activity receiving Federal financial assistance." From your question, the booster club would not be covered because it does not receive U.S. funds.

Q: Can common law be used to overrule federal statutes

1 Answer | Asked in Business Law for Oregon on
Answered on Mar 4, 2017
Glenn B. Manishin's answer
No, it's the other way around. Under the U.S. Constitution's "supremacy clause," federal statutes have priority over state common law, if they are inconsistent.

Q: What are my options if a storage facility failed to give me notice of intent to sell my property?

1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Oregon on
Answered on Feb 25, 2017
Mr. Michael O. Stevens' answer
I'm not in my office, so I can't look up the statutes, but there are a few on the books that should allow you to go after the storage place. If I recall correctly, there are certain procedures that need to be followed before they can sell your items. An attorney can review those and your rental agreement and put together a demand that should get results.

Q: NBCC upon renewal of membership asked if I had ever been fired for cause. I answered yes and sent them all my docs.

1 Answer | Asked in Business Law for Oregon on
Answered on Feb 10, 2017
Mr. Michael O. Stevens' answer
This is a really specific matter, and odds are you will not find an attorney who happens by here with the specific knowledge for your legal issue. You will probably need to seek out someone who handles board decisions (professional malpractice) for professional licenses. While not the same, but similar, is that the Oregon State Bar has no statute of limitations as to bar complaints. So if someone broke the law 20 years ago, and even though the criminal statute of limitation has run, the Bar...

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