Samuels Law Blog - Page 3 of 48 - Samuels Yoelin Kantor LLP

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Emojis in Court: The Rise of Case References

Victoria Blachly July 23, 2020 No Comments

With colorful caricatures ranging from mind-blown facial expressions 🤯 to coconut shrimp 🍤, there are hundreds of emoji to express a multitude of different feelings, thoughts, and emotions. In the last decade, emoji have cemented a permanent place in the world of e-communications. Emoji now represent a diverse array of skin tones ✋✋🏻✋🏽✋🏿 and physical disability 🦾 🦿. Oxford Dictionaries’ 2015 Word of the Year was awarded to the Face with Tears of Joy Emoji 😂. It should stand as no surprise that everyone’s favorite new way to communicate has permeated its way into our legal system.

Let’s start with the prevalence of emoji in our virtual vernacular. According to Slate, 92% of the online population uses emoji. As of 2016, 2.3 trillion mobile messages incorporate emoji annually as of 2016. That means nearly 10 trillion emoji-laced messages have been sent in the past four years.

SEC Takes Action: False & Misleading Conduct Related to COVID-19

Darlene Pasieczny July 23, 2020 No Comments

Since February 2020, the SEC has temporarily suspended trading in over 30 stocks and filed several enforcement actions against individuals and microcap securities issuers based on fraudulent COVID-19-related claims.

The enforcement actions have a common theme – fraudulent misrepresentations made in press releases and online forums about the company providing COVID-19 tests or protective equipment, in an attempt to unlawfully drive up the share price of the company’s stock.

These emergency enforcement actions seek to protect the public by freezing defendants’ assets, getting permanent injunctions to bar the wrongdoers from further violations of the securities laws, officer-and-director bars against individual participants, disgorgement of ill-gotten gains, civil money penalties, and penny stock trading bars.

Eviction in Oregon in the Age of COVID-19 – Frequently Asked Questions

Denise Gorrell July 23, 2020 No Comments

On June 30, 2020, Governor Kate Brown signed HB 4213 into law, replacing Executive Order 20-13 as Oregon’s eviction moratorium. Among other things, HB 4213 restricts and prohibits certain landlord actions during the COVID-19 emergency period – defined as April 1, 2020 to September 30, 2020 – as they relate to residential and commercial tenants. Landlords and tenants should be aware of the changes made by HB 4213, and we have compiled a list of Frequently Asked Questions to clear the air on some of the changes this new law makes.

Investor Alert – Fraudsters Target CARES Act Retirement Savings Relief

Darlene Pasieczny July 16, 2020 No Comments

If you are considering using provisions under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to withdraw and reinvest money from your retirement savings, be aware that fraudsters may be targeting you. Be wary when someone encourages you to use your retirement savings to make new investments. When considering new investments, do your own research and consider contacting an unbiased investment professional or an attorney.

Firm and Attorneys Recognized by 2020 Chambers & Partners

SYK July 16, 2020 No Comments

This year, Samuels Yoelin Kantor was recognized by Chambers and Partners – High Net Worth: Private Wealth Law Department. Not only was the firm as a whole recognized, but three SYK partners were also individually recognized.

Danger: Stressed Out Lawyers Ahead (Tips & Tricks Also Provided)

Victoria Blachly July 16, 2020 No Comments

As a form of self-help therapy for dealing with a global pandemic, I reached out to numerous legal friends and colleagues to learn how they are coping with COVID-19 and this lack of control that we are all struggling with. My article, COVID-19 Lawyer Stress: SOS, was published last month in the Multnomah Bar Association’s newsletter. We are all in the same ocean paddling as fast as we can, but we are just in different boats right now.

SYK Attorneys Recognized in 2020 Oregon Super Lawyers®

SYK July 16, 2020 No Comments

This year, we are happy to share that 7 Samuels Yoelin Kantor LLP attorneys were included in the 2020 Oregon Super Lawyers and Rising Stars list. These attorneys were recognized by their peers for their service and achievements.

Digital Assets Webinar: Springwater Wealth Management & Michael Walker

SYK July 8, 2020 No Comments

“Do you have an estate plan? Is it complete? Does it address your digital assets? A digital asset is content that is stored electronically. Digital assets include images, videos, files and credentials. If it’s stored on your computer, your phone or in the cloud, it’s a digital asset. ”

Springwater Wealth Management and SYK attorney Michael Walker will be hosting a virtual webinar on July 22nd. The education webinar aims to educate others about digital assets. If you have questions, now is a great opportunity to get them answered, and learn more about what digital assets really are, and when they need to be addressed in your estate planning.

Oregon Supreme Court: Churches’ Challenge Struck Down

Denise Gorrell July 8, 2020 No Comments

A group of churches and public officials in Baker County challenged Governor Brown’s executive orders aimed at slowing down COVID-19. On Friday, June 12, 2020, the Oregon Supreme Court struck down the churches’ challenge.

Previously, Judge Matthew Shirtcliff of the Baker County Circuit Court granted a preliminary injunction, which rejected a number of Governor Brown’s “Stay Home Save Lives” restrictions related to public gatherings and business operations. Judge Shirtcliff ruled that Governor Brown’s restrictions were unconstitutional.

Victims of COVID-19 Scams & Cybercrime Need to Act Fast

Darlene Pasieczny July 7, 2020 No Comments

Cybercrime is becoming ever more pervasive, and with so many more people working at home during the COVID-19 coronavirus pandemic, the risk of a fraudulent wire transfer and other financially motivated crimes is higher than ever.

Fraudsters use crisis events to target good-hearted investors. The SEC and other federal and state regulatory agencies are paying close attention to COVID-19-related financial fraud, such as fraudulent stock promotions and unregistered offerings, charitable investment scams, and community-based financial frauds.

The CARES Act & Divorced or Separated Parents

Emily Clark Cuellar July 1, 2020 No Comments

On March 27, 2020, Congress passed the CARES Act, a sweeping piece of legislation aimed at providing relief to individuals, families, and businesses adversely affected by the Coronavirus pandemic. The Act will have different repercussions for individuals in different circumstances, but the provision with perhaps the broadest impact is the recovery rebate. More commonly referred to as a stimulus payment, the recovery rebate is a one-time payment to US citizens and residents. For most the recovery rebate is good news, but for unmarried, divorced, or separated parents sharing custody of their children, the rebate may usher in unwelcome complications.

211info: Community Information Contact Center

Victoria Blachly June 30, 2020 No Comments

Even small children know that they can dial 911 in an emergency. However, many do not know that in Oregon and Southwest Washington they can dial 211 to get access to a variety of community information resources. The 211info contact center is a nonprofit that serves all of Oregon’s and some of Washington’s counties. The organization can provide community members with information and referrals to services in each of the following areas:

A Pandemic Economy: Modifying Spousal or Child Support Awards

Emily Clark Cuellar June 25, 2020 No Comments

Oregon’s unemployment rate has risen to a historic high of almost 15% in the wake of the COVID-19 pandemic, leaving many in a state of uncertainty about how they will make ends meet. For those who are party to a child or spousal support award, a change in employment may be grounds for modifying the terms of their support award. When there has been a significant, unanticipated change in economic circumstances, the court will consider a petition to modify a child or spousal support award. You would be hard pressed to find anyone who anticipated the COVID-19 pandemic, so if you have lost your job or are otherwise significantly impacted by the pandemic, you may consider requesting a child or spousal support modification.

FINRA Issues Warning: Pandemic Volatility Highlights Oil-Linked ETPs Unsuitable for Some Investors

Darlene Pasieczny June 17, 2020 No Comments

FINRA, the Financial Industry Regulatory Authority, issued an eye-catching warning in Regulatory Notice 20-14 about a particularly complex and risky type of security: Oil and Gas Exchange Traded Products, or ETPs. High concentrations in the oil and gas sector, especially with complex, risky, and volatile products like ETPs, may become a frequent subject for investor litigation in the upcoming year and fallout of the Coronavirus pandemic. To quote FINRA, “the performance of such products may be linked to unfamiliar indices or reference benchmarks, making them difficult for the average investor to comprehend.”

Oath of Office: Colleen Muñoz Joins the Oregon State Bar

SYK June 16, 2020 No Comments

We are happy to introduce the newest attorney in the SYK family – Colleen Muñoz.

Colleen is a a graduate of Lewis & Clark. During her time in law school, Colleen clerked for Federal Magistrate Judge Stacie F. Beckerman, volunteered with Innovation Law Lab to assist detained individuals in presenting their asylum claims, and clerked at Passage Immigration Law. Colleen joined SYK as a law clerk during her third year of law school, where she found a home to begin her professional career as a lawyer. She passed the Oregon State Bar earlier this year. Her practice is centered around commercial and fiduciary litigation focusing on real property, employment, and construction law.

Due to COVID-19, her swearing in was a little different than the usual ceremony. Judge Katherine Tennyson joined us via Zoom to administer Colleen’s Oath of Office.

Paycheck Protection Program Flexibility Act Signed Into Law

Michael Walker June 8, 2020 No Comments

On Friday, June 7, 2020, the President signed the ‘‘Paycheck Protection Program Flexibility Act of 2020’’ (PPPFA) into law. This Act, recently passed in Congress by large bipartisan votes, makes a number of significant changes to the Paycheck Protection Program (PPP), which was passed by Congress on March 25, 2020, as part of the Coronavirus Aid Relief, and Economic Security (CARES) Act.

Here are the key changes made by Paycheck Protection Program Flexibility Act.

Upholding Justice for Older Americans: Free National Webinar

Victoria Blachly June 8, 2020 No Comments

June 15, 2020 is World Elder Abuse Awareness Day. You have the opportunity to learn from federal government leaders how they are seeking global solutions for elder abuse. The 90 minute free seminar starts at 10:00 AM on June 15.

Hope to “see” you there.

Helpful Video on Paycheck Protection Program Forgiveness Application

Valerie Sasaki June 5, 2020 No Comments

We’ve been getting a lot of questions about the Paycheck Protection Program (PPP) and how our clients can maximize the amount that is forgiven. While this is a bit of a moving target, our friends at Geffen Mesher have put together a helpful video on working through the Small Business Association’s (SBA) Paycheck Protection Forgiveness Application that we wanted to commend to your attention.

Because Your Government CARES

Valerie Sasaki May 27, 2020 No Comments

Valerie Sasaki, of Samuels Yoelin Kantor, LLP facilitated a “Cocktails and Conversation” discussion with the Portland Chapter of Women in Insurance and Financial Services, which explored the recent Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act is Congress’ comprehensive legislation to provide relief to individuals, families, and businesses that are adversely affected by the Coronavirus pandemic. Despite frequent news coverage and criticism, the scope and effect of the CARES Act can seem impenetrable because it contains so many separate moving parts. In this discussion, Ms. Sasaki walked through the different components of the CARES Act and explained how each works to combat the economic hardship brought about by the Coronavirus epidemic.

The CARES Act is a $2 trillion economic relief package that creates new aid programs and expands existing programs. State and local governments will receive $339.8 billion, the majority of which goes to specific COVID-19 response efforts. The rest of the state and local government relief is divided between education, community development, and family assistance programs.

Notice and Comment Period for Proposed Corporate Activity Tax (“CAT”) Rules Ends

Valerie Sasaki May 26, 2020 No Comments

Time marches on and the time to comment on several of the Oregon Department of Revenue’s Corporate Activity Tax (“CAT”) rules ends today, May 26 at 5pm. While the Oregon State Bar Taxation Section did not officially comment on the rules, three attorneys, including Samuels Yoelin Kantor, LLP’s Valerie Sasaki, did submit comments on the math problem that is Proposed OAR 150-317-1200. Essentially, the CAT is only imposed on a taxpayer’s Oregon receipts. The question of how to calculate that though, has led to what we believe are some unintended flawed results for taxpayers that have costs and labor concentrated relative to certain income streams.

While the section did not officially comment, several folks whose names don’t appear on the final comments contributed to discussing the comments and accompanying examples, which you can find below as downloads. We are proud to practice as a part of a community that values good tax policy, even in difficult times.

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