Lawyers, Answer Questions  & Get Points Log In
Oregon Business Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Arbitration / Mediation Law for Oregon on
Q: Is it illegal to walk out of a nail salon without paying if you received terrible or incomplete service

Our appointment was for a full set and pedicure and waxing. We got a pedicure and waxed but the salon skipped over us for the full set and said we had to come back over an hour later if we still wanted it done. They were being very rude to us and it was embarrassing so we just stopped arguing with... View More

Joanne Reisman
Joanne Reisman
answered on Feb 12, 2018

You got some service so you should at least offer to pay for the part of the service you got.

1 Answer | Asked in Business Law, Intellectual Property and Contracts for Oregon on
Q: Does an LLC "own" works created by its members by default? Or does it only own what is explicitly put in its ownership?

A group of independent consultants works collaboratively on some projects - primarily joint marketing, and also producing and delivering online training. The group created an LLC to own a bank account and linked online payment accounts, to take in, hold, & pay out pooled funds for collaborative... View More

Benton R Patterson III
Benton R Patterson III
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... View More

1 Answer | Asked in Estate Planning and Business Law for Oregon on
Q: Can my accountant “gift” assets from my portion of a family LLC to other members without my written consent?

My family has an LLC WHICH MY 3 sisters and I own in 4 equal shares (25% ea.) I asked to start the process of gifting it away and had agreed to, and signed documents to transfer 6%.

Up until now I was under the assumption that’s all I had agreed to. One of my Sister partners told me “... View More

Joanne Reisman
Joanne Reisman
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... View More

1 Answer | Asked in Business Law for Oregon on
Q: Must I collect sales tax from customers if my business is registered in Nevada, but manufactures and sells from Oregon?

I have an LLC C Corporation registered in Nevada, we manufacture and sell our products out of Oregon. Must I collect sales tax from customers since our business is registered in Nevada?

Joanne Reisman
Joanne Reisman
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.

1 Answer | Asked in Business Law and Consumer Law for Oregon on
Q: My mortgage company pulled out our payment two weeks early. Which has wiped out my bank account. What do I do?
Joanne Reisman
Joanne Reisman
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... View More

3 Answers | Asked in Business Law and Copyright for Oregon on
Q: Hobby Lobby selling my art without permission

I am a graphic artist and sell my creations on Etsy. I display them with watermarks on the images and remove them when purchase is made. I recently became aware that they are selling bottles with my images (along with the watermarks) as labels on the bottles for as long as the last 3 years. The... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 10, 2017

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.

View More Answers

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Oregon on
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.

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. I habe learned that the new law is 18 months. If that law went into effect January 1 2016 does the contract stand or is it voided by not containing the correct requirements?

Joanne Reisman
Joanne Reisman
answered on Jul 27, 2017

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

1 Answer | Asked in Business Law and Criminal Law for Oregon on
Q: What a public enterprises that demonstrate patterns if Rico activity?
Joanne Reisman
Joanne Reisman
answered on Jun 4, 2017

This isn't a comprehensible question.

1 Answer | Asked in Real Estate Law and Business Law for Oregon on
Q: How long does a principal broker have to remove a broker from their website when they have left the company in the state

Oregon

Joanne Reisman
Joanne Reisman
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.)

1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for Oregon on
Q: Can an employer ask for on-site random drug test in a public restroom in plain sight of the customers you service?

I am a retail pharmacist in a small Oregon town. My employer is initiating on-site quarterly random drug testing. The problem is, we only have one bathroom and it is designated public. The bathroom door is about 5 feet from where customers line up for prescription drop-off and counsels, and any... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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... View More

1 Answer | Asked in Business Law for Oregon on
Q: high school booster club does fund raising and people donated for specific sports programs do we fall under title 9 law
Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Business Law for Oregon on
Q: Can common law be used to overrule federal statutes
Glenn B. Manishin
Glenn B. Manishin
answered on Mar 4, 2017

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.

1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Oregon on
Q: What are my options if a storage facility failed to give me notice of intent to sell my property?

I had a storage facility that was on auto payment. When my debit card was lost and changed, the payment no longer went through without me realizing it. I did not receive any notice from the storage facility, either by mail or email, that they were selling my property. I received only one notice of... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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... View More

1 Answer | Asked in Business Law for Oregon on
Q: NBCC upon renewal of membership asked if I had ever been fired for cause. I answered yes and sent them all my docs.

I had been fired for a relationship with a woman in the three county managed care registry, not a client of mine as I had no clients. My contact with her had been as a crisis counselor and ER evaluator. All of this was 15 years ago, as I dropped out of the profession for all those years. NBCC is... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Q: can I sue when business fires me for same criminal background check they approved me for when hiring?

I was hired by an employer in Portland Or, after disclosing my complete criminal background and them approving me for hire. a week later they sent me across country to North Carolina to work, so I sold my car and everything I owned here on the promise of work there with stipends, paid everything... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 26, 2017

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

1 Answer | Asked in Business Law, Domestic Violence and Civil Litigation for Oregon on
Q: My ex finance refuses to pay money he owes and return my property. There is physical and verbal abuse what do I do?

My ex pushed a quick engagement and moved me from CA to OR. I quit my job, sold many things and moved. He stated if there was a break up he would move me back and pay for my expenses to reestablish. I worked for him part time and he refuses to pay outstanding wages and refuses to pay the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 23, 2017

First, if you knew all about his past to begin with, why did you agree to date him let alone move for him? While not a legal question, it is something to ponder, as a jury will do the same if you went all the way to court on many of your above issues.

Otherwise, I would also suggest not...
View More

1 Answer | Asked in Divorce and Business Law for Oregon on
Q: I'm buying my wife out of the business as part of divorce. What papers should I have her sign?

We're doing a co-petition divorce in Oregon.

Joanne Reisman
Joanne Reisman
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... View More

1 Answer | Asked in Business Law and Divorce for Oregon on
Q: What documents need to be signed if one of the spouses sells their interest in the business during divorce?
Howard Alan Newman MBA
Howard Alan Newman MBA
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... View More

1 Answer | Asked in Business Law and Small Claims for Oregon on
Q: Being sued personally in small claims court for work done by our S-Corp. Are we liable?

Customer filed with Builders board and was denied as claim was over a year old. Now have filed small claim against us personally. Do they even have a case if not filed in the Corp name? Does our corp bond play into this at all? We have 'demanded a hearing' to avoid a default judgment.... View More

Howard Alan Newman MBA
Howard Alan Newman MBA
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... View More

1 Answer | Asked in Bankruptcy, Business Law and Contracts for Oregon on
Q: Paying back loan after bankruptcy

My sister filed for bankruptcy and listed me as one of her creditors. She wants to pay me back now. Should I go to the trouble of having a Promissory drawn up for the repayment? Is there a point to doing that? Are there Oregon laws governing this sort of promissory note?

Joanne Reisman
Joanne Reisman
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...
View More

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.