– Est. –
1927
Investor Defenders

Aequitas Private Notes

I received a document from a confidential source that was prepared by Aequitas and it is quite enlightening. It is written about the Aequitas Private Notes issued by ACF (Aequitas Commercial Finance), and dated the third quarter of 2015.

The document states, “ACF uses proceeds from Private Notes primarily to repay prior investors.” I interpret this to mean that the company did not have the assets to pay prior investors from its regular course of business. I define a Ponzi Scheme as an investment scheme that operates by using new investor money to pay prior investors, and creating the illusion that distributions are from operations, when they are not.

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Oregon First to Pass RUFADAA – Allowing Legal Access to Your Digital Assets

SYK has been advising our clients, friends and colleagues about managing Digital Assets (your online accounts) for many years, lamenting the fact that the internet was outrunning the law. We’ve been writing about it, testifying before legislators, speaking at seminars and encouraging everyone to prepare a VAIL – Virtual Asset Instruction Letter.

We are happy to report that there is new light on the issue. Oregon has just become the first state in the union to pass RUFADAA: The Revised Uniform Fiduciary Access to Digital Accounts Act. Oregon Senate Bill 1554 was signed by the Governor yesterday and will become effective January 1, 2017.

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Robot Lawyer – Does That Compute?

An ingenious teen inventor is making news with his robot lawyer artificial intelligence that seeks to walk people through the relatively simple legal world of parking tickets. Does this mean my days as a Trust and Estate Attorney numbered? Will my clients no longer need assistance in wading through the often complicated world of tax and estate planning? Will a robot be able to advise my clients on the pros and cons of picking certain trustees or guardians for their children?

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9th Circuit Upholds DOL’s Restrictions on Tip Pooling

On February 23, 2016, the Ninth Circuit Court of Appeals held in Oregon Restaurant and Lodging Association v. Perez (9th Cir., No. 13-35765 [Feb. 23, 2016]) that the U.S. Department of Labor (DOL) has the authority to regulate the tip pooling practices of all employers, not just those who take a tip credit. This is a considerable expansion of their authority.

In 2011, the DOL issued a rule that changed the requirements of tip pooling. Prior to this rule, the DOL could only regulate the tip-pooling practices of employers who used a tip credit. The DOL did not have authority to impose these requirements on employers who pay their employees at least the federal minimum wage. The 2011 rule changed that. Now, all employers are subject to section 203(m) of the Fair Labor Standards Act (FLSA) regardless of whether the employer uses a tip credit or not.

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James Beard Award

Coquine and Rucker – 2016 James Beard Awards Semifinalists

Congratulations to Coquine and Gabriel Rucker, chef of Le Pigeon and Little Bird for their James Beard award nominations. We wish both owner and chefs the best of luck in their nominations, and look forward to another tasty year ahead for them (and our taste buds)!

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Investor Defenders

Information About The Aequitas Investigation

Looking for Information about the Aequitas Investigation and Investors? Investors looking for information about their investment funds and private promissory notes issued by one of the Aequitas companies operating out of Lake Oswego, Oregon have come to the right place. We have created a site specifically designed for those seeking more information about the Aequitas investigation.

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Harper Lee

In Memory of Harper Lee

Harper Lee died today at the age of 89. Best known for her works “To Kill a Mockingbird,” and her more recent sequel “Go Set a Watchman,” she is particularly beloved in the legal community for her creation of the character Atticus Finch—a small town attorney whose kindness was surpassed only by his integrity. An informal poll of the attorneys of Samuels Yoelin Kantor revealed that many of us were influenced in part by Atticus Finch when making the decision to attend law school. Several still consider Atticus, at least as presented in “Mockingbird,” an aspirational standard and archetype for the profession.

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Piece-Rate Workers Entitled to Rest Period Pay

A major change has taken place for piece-rate workers in Washington. The Washington Supreme Court decided in March of 2015 that piece-rate workers are entitled to receive wages during their rest periods. Not only are piece-rate workers entitled to rest period pay, they must receive the greater of either their regular rate of pay or

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Changing Your Estate Plan: Don’t Cut Up Your Money For The Last Laugh

Thinking about changing your estate plan? Have you ever thought about disinheriting your children? It’s one thing to think about it, but to actually attempt it is another thing entirely. An Australian granny presumably attempted to disinherit her children, but with no avail. Before passing away, the 85-year old cut up nearly a million euros

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ABLE Act – New Planning Tools for Families

On October 5, 2015, Oregon Senate Bill 777D became effective. In this bill, Oregon implemented the federal ABLE (Achieving a Better Life Experience) Act. This legislation gives families use of a tax-deferred savings plan, similar to the 529 college-savings plan, to save for individuals with disabilities. These plans would have the tax benefits of 529

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Happy Love Your Lawyer Day

“Love Your Lawyer Day” was created in 2001 by a legal marketer, and the ABA Law Practice Division is hoping the day will be a way to recognize lawyers, and celebrate them for their contributions. The day is celebrated on the first Friday in November. For more information about the holiday, check out the Wall

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Associate Anthony Dal Ponte ‘Hooked’ by Pacific Seafood

Samuels Yoelin Kantor LLP offers its heartfelt congratulations to associate Anthony Dal Ponte as he leave the firm to join Pacific Seafood, as Deputy General Counsel. Mr. Dal Ponte, with Samuels Yoelin Kantor since 2008, has been a valued client adviser, strategist, negotiator, advocate, and, when necessary, trial lawyer. We wish him all the best

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Christine Costantino Elected to the OSB Board of Governors

Samuels Yoelin Kantor LLP congratulates partner Christine Costantino for her election to the Oregon State Bar Board of Governors (“BOG”). The BOG governs the approximately 15,000 active members of the Oregon State Bar, and determines the general policies and budget of the bar.  As an advocate committed to helping clients navigate the challenging territory of

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Real Estate

Portland Residential Landlords Beware – Notice Timelines Increased

The Council has announced measures to combat these issues. On October 14, 2015, the Council unanimously voted to pass an ordinance requiring residential landlords give 90 days’ notice for rent increases greater than 5% and for no-cause evictions. This is an increase from the 30 or 60 days’ notice that were previously required.

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The Truly “Modern Family”

In February of this year news broke that Sofia Vergara, one of the stars of the hit show “Modern Family,” was being sued in California state court by her ex-fiancé, Nick Loeb. Mr. Loeb brought his suit in an attempt to void a contract governing what would happen to a very important shared asset—their frozen

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Blachly to Speak at ACTEC in California

SYK Partner and Trust and Estate litigator, Victoria Blachly will be traveling to Monterey, California to speak on October 16 for the 2015 Fall ACTEC Meeting. The American College of Trust and Estate Counsel (ACTEC) is a nonprofit association of lawyers established in 1949. “Its members are elected to the College by demonstrating the highest

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Happy Birthday! Who sang it? Better Question – Who owns it?

In breaking news – A California Federal Judge has ruled that over the past 80 years, none of the companies who have claimed to have a valid copyright claim to the popular “Happy Birthday to You” song actually do.  The current purported holder of the copyright, Warner/Chapell (an affiliate of Warner Music) has been collecting

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