Indemnity Provisions in Contracts: A Brief Summary of Oregon’s Approach

Contracts frequently contain indemnity provisions.  An indemnity provision is a clause that transfers risk between the parties to a contract.  Under such a provision, one party (called the indemnitor) agrees to defend and reimburse the other party (the indemnitee) for damages or losses resulting from claims arising out of the contract.  Indemnity provisions can be […]


Mobile App – “Terms of Use” and “Reasonable Notice”

We have all mindlessly tapped on the “I Agree” button after installing a new app on our phones or creating a new account with a service. By doing so, we have agreed to the “terms of use” (or “terms and conditions” or “terms of service” – whichever label is used). Despite the fact that this […]

Apr 18, 2017

Forum Selection Clauses: Small Deviations with Big Consequences

Forum selection clauses are common in contracts today.  In a forum selection clause, the parties to a contract designate a particular court or courts as having jurisdiction over disputes the parties may have about the contract.  Some forum selection clauses allow, but do not require, certain courts to hear disputes.  Others provide that a particular […]

Mar 24, 2017

Court Rejects BOLI’s New Interpretation of Overtime Laws for Manufacturers

You may have read about the turmoil BOLI caused by suddenly changing its interpretation of overtime laws governing employees in manufacturing facilities.  If you’re not aware of the issue, check out our most recent Business and Employment Law Newsletter. In  an nutshell, for decades BOLI had been telling manufacturers to pay either the higher of […]

Mar 06, 2017

Stock Transactions between Insiders and Outsiders: How Much Disclosure is Required?

As closely held companies grow, their number of shareholders often increases as well.  This is frequently a sign of success, but it can create certain problems.  For example, a larger or diversified shareholder base can prevent a company from becoming an S Corporation for tax purposes.  Additionally, companies with too many shareholders who own small […]



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