500 Pioneer Tower
888 SW Fifth Avenue
Portland, OR 97204

747 SW Mill View Way
Bend, OR 97702

610 Glatt Circle
Northwood Office Park
Woodburn, OR 97071

Portland: 503 323 9000
Bend: 541 585 1035
Woodburn: 503 981 0155
Fax: 503 323 9019
info@cosgravelaw.com

Shane Swilley Presenting At Upcoming Conference October 1, 2014

On October 3rd, Shane Swilley will be presenting at the Oregon Public Risk Management Association’s (PRIMA) Annual Conference.  Shane’s topic discusses the risks of allowing employees to use their own smartphones, tablets, and other electronic devices for work. This is the second year that Shane has presented at the PRIMA Annual Conference.
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Nicole Nowlin Appointed Chair Of MBA's Equality and Diversity Committee October 1, 2014

The Multnomah Bar Association (MBA) Board appointed attorney, Nicole Nowlin as Chair of the MBA’s Equality and Diversity Committee for the 2014-2015 committee year. The Equality and Diversity Committee's mission is to foster and expand diversity, inclusion and equality in the MBA and Multnomah County legal community, and to create and strengthen a relationship of mutual support between the MBA and its diverse lawyers and bar organizations.
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Oppressions Claims

October 1, 2014

If you own a closely-held company and have an employee who is also a minority owner of the company, you need to be aware of potential exposure to what are known as “oppression claims”.  In Oregon, business owners are owed certain fiduciary duties by their fellow owners, including the duty of good faith and fair dealing and the duty of loyalty.  Oppression claims are normally brought by minority business owners and are based primarily on a breach of a fiduciary duty.  Typical oppression claims allege that the majority owner engaged in conduct that violates the rules of fair play on which every business owner who entrusts his/her money to a company relies.  While there is no specific statutory or common law definition of “oppression,” Oregon courts look to the facts of a given case to determine if certain “badges” of oppression exist, and whether, in total, such “badges” show a pattern of oppressive conduct by a controlling owner.  See Hayes v. Olmsted & Assocs, Inc., 173 Or App 259 (2001) (Oregon’s seminal case on minority oppression claims).  Examples of conduct amounting to “badges of oppression” include the following:  read more