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Hands-Free Really Means Just That: Oregon Stiffens Ban on Distracted Driving

Oregon had allowed limited use of smart phones while driving, but beginning October 1, it is now illegal for drivers to use or hold an electronic mobile device. You are allowed a single touch or swipe to activate or deactivate a device or function, but do not talk on speaker mode while holding your phone, or you could be looking at a fine of $130 to $1,000 for your first offense, $220 to $2,500 for your second offense and a minimum of $2,000 and up to 6 months in jail for a third offense.

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Six Attorneys Recognized by Best Lawyers in America 2018

Congratulations to the Samuels Yoelin Kantor LLP attorneys recognized by Best Lawyers in America 2018 – including one “Lawyer of the Year.” Bob Banks, Victoria Blachly, Chris Costantino, Stephen Kantor, Van White, and Eric Wieland were selected as “Best Lawyers” this year.

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Pets left in vehicles

Heat Wave Reminder – Oregon Law Allows Public Intervention if a Child or Animal is in Danger

Portland is currently in the midst of what could be a record breaking heat wave. The city is forecast to have temperatures climbing above 100 degrees this week. Health officials are urging citizens to stay hydrated and take precautions when traveling.

The state of Oregon also is doing its part to protect those who may not be able to protect themselves. A new law protects Good Samaritans from both civil and criminal liability if they break a vehicle window to help either an unattended child or animal that they believe to be in danger.

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Driving with a Device

New Handheld Device Law: What Washington Drivers Need to Know

Washington State Governor Jay Inslee recently accelerated the enforcement of the Driving Under the Influence of Electronics (DUIE) Act. The Act now forbids virtually all use of handheld gadgets such as phones, tablets, laptop computers and gaming devices while driving.

In its statewide observational survey of distracted drivers, the Washington Traffic Safety Commission found cell phone use is the most common type of distraction, with 71% of distracted drivers engaged with their phones while operating their vehicles. The survey also found 1 out of 10 drivers in Washington State are distracted while driving, and fatalities from distracted driving increased 32% from 2014 to 2015.

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Big Changes to Some Big Employers’ Employee Scheduling Practices

On June 29, 2017, the House approved and sent to the governor, Senate Bill 828 which will require large employers in certain industries to provide advanced notice to employees of their work schedules. This new law will affect only retail, hospitality, and food service establishments with 500 or more employees worldwide. Affected employers will have to provide their employees with seven days advance notice of their shift schedules. Affected employers will also need to make a good faith effort to provide new employees with an estimation of the average number of hours the employee can expect to work in a month. It is expected that the governor will sign the bill into law.

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June 15 – World Elder Abuse Awareness Day

June 15th is World Elder Abuse Awareness Day, a day designated to bring visibility to the prevalence of global elder abuse. According to the National Council on Aging, one in ten Americans aged 60 or above have experienced some form of elder abuse. It is expected that with the number of older persons growing, abuse of the elderly will also grow. Though elder abuse is a serious and common problem that could lead to poverty, hunger, homelessness, compromised health and well-being, and even premature mortality, it often is one of the least investigated or reported types of abuse.

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The Longest Day

The Longest Day: A Global Movement to Help End Alzheimer’s Disease

The Longest Day is June 21, 2017.

“The Longest Day is all about love. Love for all those affected by Alzheimer’s disease. On the summer solstice, team up with the Alzheimer’s Association and select any activity you love — or an activity loved by those affected — to help end Alzheimer’s. Together, we will raise funds and awareness for care and support while advancing research toward the first survivor of Alzheimer’s.”

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No Questions Asked: Oregon’s Equal Pay Act

On May 22, 2017, the House unanimously re-passed House Bill 2005. The legislation, which is more commonly known as the Equal Pay Act of 2017, was amended by the Senate last week, and is now headed to Governor Brown for her signature.

While the majority of the media attention has been on the provisions in the bill that will prohibit discrimination against women in the payment of wages, there are other provisions affecting employment practices that employers should be aware of.

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Blachly Testifies in Favor of New Legislation

The Statesman Journal quoted SYK partner, and appointed member of both the Oregon Uniform State Law Commission and the Governor’s Commission on Senior Services, Victoria Blachly on her thoughts regarding Oregon Senate Bill 95.

The new legislation would allow investment advisers to freeze assets and report to authorities if they suspect someone is misappropriating, misusing or transferring without authorization the money of a vulnerable elderly person.

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Tax and Business

Are You Really In Good Hands – Ensuring Your Insurance

Everyone should have insurance, and being insured does, in many ways, help us sleep at night. However, as with many contracts (and remember, an insurance policy is actually a contract), disputes sometimes arise. It is not unusual for there to be a dispute regarding the interpretation of insurance contract terms. And, with insurance contracts, those disputes are often about coverage. That is, the insurance company may claim that, even though you have insurance, your claim is not covered. This can be frustrating.

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New Multnomah County Courthouse

Check out this Video: New Multnomah County Courthouse

Work has begun on the new 17 story, 44 courtroom Multnomah County Courthouse. The current 100+ year-old courthouse is unsafe, and fails to meet the functional needs of a growing county. The new building will not only meet the needs of its citizens, but will also be powered by solar panels and radiant heat that is so efficient, it will generate surplus power to raise and lower the Hawthorne Bridge

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Costantino to Lead MBA Litigation CLE

On April 13th, SYK Family Law attorney Chris Costantino will join a group a notable legal minds to lead a litigation CLE seminar on the trips and traps of opposing parties who represent themselves without the benefit of legal counsel.

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Dynasty Disasters – Intergenerational Wealth

Running an intergenerational family-owned company can be very challenging. How do you balance present family and lifestyle goals, with operating a successful and growing company? How do you choose what is best for the family and its individual members, while also considering the future and thinking ahead to the next generation of the business?

While some family business dynasties such as the Mars Candy company and the descendants of William Randolph Hearst continue to thrive, other dynasties have crumbled. Frances Stroh was born an heiress to one of the largest beer companies in America, Stroh Brewery Company. In her new book “Beer Money: A Memoir of Privilege and Loss” she writes about her wealthy family’s downward spiral leading to the loss of their approximately 130 year brewing legacy. Ms. Stroh documents the missteps an intergenerational family-run company can make which could result in its collapse.

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Death of the Death Tax?

On January 10, 2017, Rep. Kristi Noem (R-S.D.) introduced H.R. 631, the “Death Tax Repeal Act of 2017.” While this bill resembles a similar bill that failed to become law in 2015, with the 2016 elections, the political landscape in Washington has changed considerably.

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Blachly & Costantino Speaking at Women Living a Richer Life Summit

Join SYK’s Victoria Blachly and Chris Costantino on March 23rd for an empowering day of coaching, connections, and conversation at Brighton Jones Women Living a Richer Life Summit.

The duo have been selected to speak at the event. Blachly and Costantino will be among the 10 exceptionally amazing women to chosen to take part in the summit.

The event will begin with Michelle Williams sharing her inspiration and vision for the Women Living a Richer Life Summit. Following the kick-off, be ready to engage in an interactive Q&A and to spend the day listening and learning. Attendees are encouraged to stay after, to celebrate the day together and share a toast at the cocktail hour. It’s a great opportunity to talk with speakers, and learn more about one another.

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Tenant Landlord

Portland “Relocation Assistance” Ordinance Requires Landlords Pay

On the evening of February 2, 2017, the Portland City Council passed an ordinance that will require landlords to pay for relocation assistance to their tenants. The ordinance will enable tenants to be paid for moving costs when their landlord has either raised the rent by 10% or more or has served a “no cause” termination notice on the tenant.

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Carrie Fisher

Carrie Fisher: Some Early Thoughts on Her Estate

May the Force be with you Carrie – you were one of the brightest stars.

The entertainment world lost an iconic legend today. Carrie Fisher, best known for her role as Princess Leia Organa in the Star Wars films, passed away this morning after suffering a heart attack on December 23, 2016, while on a flight from London to Los Angeles. In addition to her Star Wars role, Ms. Fisher starred in many other films, and also authored several books, plays, and screen plays. She recently published her autobiography, The Princess Diarist.

From a legal perspective, it is far too early to analyze Ms. Fisher’s estate to any degree. However, one can make a number of observations.

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Victoria Blachly: SYK Attorney

Blachly Appointed to Oregon Commission on Uniform State Laws

Congratulations to SYK attorney Victoria Blachly, who has been appointed by Governor Kate Brown to the Oregon Commission on Uniform State Laws. The Oregon Commission drafts uniform state laws in all states, for various fields of law. The members of the Commission appear before legislators, where they must explain and promote the passage of those laws. Blachly said, “It is an honor to be appointed, and I look forward to working with the bright and diligent Commissioners that works so hard to make the law easier to navigate.” Her term will run until 2020.

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“Not So Fast” – Federal Judge Grants Injunction Against Overtime Regulation

On Tuesday, November 22, a Federal District Court Judge in Texas granted a nationwide preliminary injunction against an Obama administration regulation, which sought to expand the eligibility of millions of workers for overtime pay.

The regulation was ruled by Judge Mazzat to have likely exceeded the authority of the Obama administration because it nearly doubled the overtime salary threshold. The regulation would raise the minimum annual salary amount from $23,660 to $47,476. It would automatically qualify workers for overtime pay, so long as their annual salary was below the new $47,476 threshold.

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