Oregon Business Law Questions & Answers

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

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...
View Details »

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

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...
View Details »

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

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.
View Details »

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

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...
View Details »

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

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...
View Details »

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

I don't know what new law you are talking about. Do you have a citation for it?
View Details »

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

This isn't a comprehensible question.
View Details »

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

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.)
View Details »

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

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.
View Details »

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

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.
View Details »

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

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

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...

Q: can I sue when business fires me for same criminal background check they approved me for when hiring?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Answered on Jan 26, 2017

You have also asked this on Avvo.com, so I would recommend waiting for responses there.

Q: I'm buying my wife out of the business as part of divorce. What papers should I have her sign?

1 Answer | Asked in Divorce and Business Law for Oregon on
Answered on Nov 29, 2016

First of all, don't do a co-petition. It causes more problems then it solves. Do a regular Petition but draft it in the manner that it states everything the way you believe she has agreed with you on. That way if she hasn't really agreed to everything, you won't get stuck with an unfinished divorce waiting for her to sign the final papers.

As for your business, the transfer will depend on how the business is set up. If it is a corporation, you will need documentation showing how she...

Q: What documents need to be signed if one of the spouses sells their interest in the business during divorce?

1 Answer | Asked in Business Law and Divorce for Oregon on
Answered on Nov 28, 2016

As is sometimes typical with these questions, there are insufficient facts to fully answer the question. Regardless of any divorce proceeding, i.e., in a vacuum, should any entity or person, including a spouse, who has an interest in any type of entity wish to divest said interest, the seller and the receiver of the interest should draft an appropriate instrument that factors and tracks the governing documents of said entity. Though I do not practice in divorce law (though I have been used...

Q: Being sued personally in small claims court for work done by our S-Corp. Are we liable?

1 Answer | Asked in Business Law and Small Claims for Oregon on
Answered on Nov 28, 2016

Based on the facts as presented, the S-corp appears to be an improper party. Accordingly, prior to the hearing, I would demand from the plaintiff voluntary dismissal of the action. In fact, I might even attempt to move the hearing date for, inter alia, to give the plaintiff more time to consider the consequences of not dismissing the S-corp. Then, if the plaintiff does not voluntarily dismiss, at the hearing, I would request sanctions (at least from the court's inherent authority). Frankly,...

Q: Paying back loan after bankruptcy

1 Answer | Asked in Bankruptcy, Business Law and Contracts for Oregon on
Answered on Nov 27, 2016

Once you are listed as a creditor on a bankruptcy and the debtor gets a discharge, you are no longer legally entitled to collect the debt. The debt doesn't exist, at least not legally, and if you tried to collect it you would be violating bankruptcy law and subject to penalties.

Your sister can of course opt to pay you back but it would be purely voluntary on her part. Because this would be voluntary, there is no point in drawing up any legal documents to enforce this. All you can do...

Q: I was cited PERSONALLY for a broken sidewalk at a property that I am developing. I'm just the owning LLC's Manager...

1 Answer | Asked in Municipal Law and Business Law for Oregon on
Answered on May 23, 2016

You would take all the documents to court at the trial and provide them to the judge (they are not going to make copies, so it will not become part of some permanent file). Cite to the language of the code you were cited for and demonstrate you were not the owner. I would also obtain copies of the file from the county recorder's office to demonstrate you were not the owner at the time.

Of course, someone will have to pay the $1,000 at some point, so it will either be you now or the LLC...

Q: Can I use a fan made super hero costume in window display promoting our "Super Patriotic" fourth of July event?

1 Answer | Asked in Business Law for Oregon on
Answered on Aug 29, 2015

Talk to a local intellectual property lawyer. They will need more information to answer, as this type of question is very fact-specific.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant...

Q: I would like to know what my personal liability is as a management employee.

1 Answer | Asked in Business Law for Oregon on
Answered on Jul 24, 2015

More information is required before this question can be fully answered. Generally speaking, employees of businesses, even managers, are not liable for liabilities of the business entity, although an employee may be held liable for their own wrongful conduct. On the other hand, owners of a business may in certain circumstances be held personally liable for liabilities of the business. For those owners, a lot depends on the way the business is organized, registered, and operated. However, it...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.