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Defending the Missing Defendant


By: Jason Gardner

Insurance defense lawyers will inevitably engage in representation of a client who is absent in some capacity. That client may be deceased, bankrupt, dissolved, out of jurisdiction, or simply unwilling to cooperate in their defense. Regardless of the reason, an absent client presents unique strategic and ethical challenges.

Immediate questions arise regarding the scope of defense counsel’s representation.… Read more

Oregon’s Revised Distracted Driving Law: What Does It Mean?


By: Skip Winters

On October 1, 2017, Oregon’s revised distracted driving law went into effect. ORS 811.507 now applies to any “mobile communication electronic device” that is “not permanently installed in a motor vehicle.” The definition includes a “device capable of text messaging, voice communication, entertainment, navigation, accessing the Internet or producing electronic mail.” The new law also includes not just moving, but also to being “temporarily stationary because of traffic, a traffic control device or other momentary delays.”

The list of prohibited actions includes using the device if the driver is not able to “keep both hands on the steering wheel.” Presumably, if the device is permanently built in to the motor vehicle or the driver is able to use it hands free then it is okay, which allows voice activation of a mobile device, but in order to type in an address or query you have to pull over and park.… Read more

Court Denies Motion to Compel Production of Plaintiff’s Entire Facebook Account History


By: Jamison McCune

In Gordon v. T.G.R. Logistics, Inc., 2017 U.S. Dist. LEXIS 72978 (D. Wyo. May 10, 2017), a federal court refused to order the production of a plaintiff’s entire Facebook account history. The decision is significant because it discusses the scope of social media discovery under the recently amended Federal Rules of Civil Procedure.… Read more

Changes to Oregon’s Motor Vehicle Dealer Surety Bond Statutes


By: Vicki Smith

The Oregon legislature passed one of several bills that proposed to change the motor vehicle dealer surety bond laws. The governor signed SB 974 into law, with an effective date of January 1, 2018. The bill amends ORS 822.020 and 822.030. Here are the highlights:

  • Raises the bond amount from $40,000 to $50,000 (applies to new dealer certificates issued on or after January 1, 2018);
  • Decreases the amount a non-retail claimant can recover to $10,000;
  • For dealers dealing exclusively in motorcycles, mopeds, Class I all-terrain vehicles or snowmobiles, the bond is increased to $10,000 but only retail customers can bring a claim against the bond.
Read more

Legislative Changes in the 2017 Session Create New Responsibilities and Potential Liabilities for Employers


By: Heather Bowman

Three new laws will affect employee rights and create new obligations and potential liabilities for Oregon employers.

  1. Predictive scheduling

The first statewide law of its kind, Oregon’s predictive scheduling law requires large employers (those with 500+ employees) in retail, hospitality, and food service industries to provide employees with at least seven days’ advance notice of scheduled shifts.… Read more