Articles by SYK Attorneys Nelson and Pasieczny featured in the OSB Elder Law Newsletter

Protective Proceedings and New Tools Help Financial Professionals: two SYK attorneys contribute to the OSB Elder Law Newsletter.

The January 2019, Volume 22 issue of the OSB Elder Law Newsletter featured articles by two of SYK’s outstanding attorneys. Laura Nelson, whose practice includes estate planning, trust administration, and guardianship and conservatorship cases was featured on the first page of the newsletter. Her article, co-authored by Rachel Brooks, Protective Proceedings: A Sister (State) Act, examines the differences between the way in which Oregon and Washington handle cases involving protected persons.

SYK attorney Darlene Pasieczny’s article, New Tools Help Financial Professionals Prevent Elder Abuse, examines mandatory and permissive conduct for Oregon securities professionals when there is reasonable suspicion of financial abuse. Pasieczny is a fiduciary and securities litigator. She represents clients in both Oregon and Washington in trust and estate disputes, elder financial abuse, securities litigation, and investors nationwide in FINRA arbitration.

To read both of these articles, please see the January publication of the Oregon State Bar Elder Law Newsletter.

SYK Attorney Darlene Pasieczny to Moderate “Hybrid Advisers” Panel

Hybrid Advisers: Regulation and Claims Regarding Dual‐Registered Brokers and RIAs

Moderator, Darlene Pasieczny, Samuels Yoelin Kantor LLP; Speakers Jeffery Schaff, Ardor Fiduciary Services, Ltd., and James Wrona, VP and Associate General Counsel, FINRA.  This panel will explore issues in regulation and customer dispute resolution when a culpable financial adviser “wears two hats” as both a FINRA‐licensed broker and SEC‐licensed registered investment adviser. When is the brokerage firm responsible for conduct by its dual‐registered associated person? How do FINRA and the SEC parse enforcement issues for these hybrid advisers? The panel will discuss trends in customer arbitration cases, recent case law decisions, compliance and enforcement.

Tuesday, October 9, 2018

Securities Law Seminar at the 27th PIABA Annual Meeting

Bonita Springs, Florida

Find registration information here.

Darlene Pasieczny’s practice at Samuels Yoelin Kantor LLP focuses on all stages of corporate and securities law issues, securities litigation and FINRA arbitration, as well as fiduciary litigation in trust and estate disputes, and elder financial abuse.

Recipe for Alphabet Soup: Does High IQ, EQ & AQ Make For a Better Lawyer?

High IQ

In late April I attended a Portland Women in Leadership symposium, “Women Blazing Trails, presented by The Pacific Northwest Diversity Council”. The five speakers and moderator were both educational and inspiring. And when listening to how intelligence (IQ), emotions (EQ) and adaptability (AQ) are an important combination for strong and successful leadership, it dawned on me that one should be looking for that same recipe when choosing a lawyer.

IQ: Intelligence Quotient

A number used to express the apparent intelligence of a person. Naturally, you want a lawyer that is smart, educated, and proficient in their particular area of law. This is a trait that most anyone would consider important when choosing someone to help them with their estate planning, real estate transaction, lawsuit, or any legal issue.

EQ: Emotional Quotient

One’s capacity to recognize their own, and others’, emotions and use such information to guide thinking and behavior. This may not be an important trait for every legal situation. Perhaps you are have a business transaction and you simply need someone to read the documents and give you your options. However, oftentimes legal matters bring a broad range of emotional issues into the conversation. Do you want to leave your estate equally to your children or does one have greater needs? Has someone close to you destroyed your trust by stealing from your elderly parents? Are you scared that the IRS is going to take everything you own, because you made a misstep? I would wager that most legal cases would benefit from having an attorney that has a high IQ and a high EQ, for the best service and the best results.

AQ: Adaptability Quotient

One’s ability to adapt. Your legal journey may have many twists, turns, and options for which path to take. Having an attorney on your team that possesses a high AQ will allow you to not only better respond to the variable terrain. It will also give you numerous options for how to arrive at your destination. Having an attorney with rigid thinking may not give you all the best creative options to meet your needs.

Learning more about this alphabet soup of intelligence and ability puts a new focus on the characteristics you may want for your legal team.

Victoria Blachly is a partner at SYK, and an experienced fiduciary litigator that works with many elderly clients, cases or causes, she is also a proud Board Member for the Oregon Alzheimer’s Association Chapter.

SYK Authors – Administering Trusts in Oregon

The 2018 edition of Administering Trusts in Oregon is set to be released this month, and many of the authors are familiar. Of the prestigious group of contributors for this new edition, Samuels Yoelin Kantor was well represented. Attorneys Eric Wieland, Walker Clark, Caitlin Wong, and Valerie Sasaki were all contributing authors, and both Stephen Kantor and Jeffrey Cheyne, prior to his passing, were editors for this edition.

The new version of Administering Trusts in Oregon is a guide for lawyers in the areas of estate planning, elder law, family law, and general practice. This is the first update since the last edition was released in 2012.

Additionally, Michael Walker has also recently been exercising his writing and business skills. The new additions to Advising Oregon Businesses were published earlier this year. Michael authored the Partnerships chapter for the publication. The newly released volumes provide attorneys tools to better assist their business clients when choosing and organizing business entities. Both volumes 1 and 2 have been completely revised.

Administering Trusts in Oregon is now available for pre-order from the Oregon State Bar.

Pasieczny Elected to PIABA Board of Directors & Recognized for Outstanding Service

SYK Attorney Darlene Pasieczny receives Outstanding Service Award and is elected to PIABA Board of Directors.

Congratulations to SYK litigator Darlene Pasieczny. Darlene was recently awarded an Outstanding Service Award from the Public Investors Arbitration Bar Association (PIABA) for 2017, as co-chair of the PIABA Self-Regulatory Organization (SRO) Committee. As well as the award, Darlene was also elected to the PIABA Board of Directors, a position she will serve for a three year term.

PIABA is an international bar association, whose members represent investors in disputes with the securities industry. The SRO Committee reviews rule proposals and regulatory notices issued by the Financial Industry Regulatory Authority (FINRA) and the SEC, and drafts comment letters that related to PIABA’s mission of promoting the interests of the public investor in securities arbitration. FINRA is the self-regulatory organization that regulates and licenses securities brokerage firms and individual brokers across the country. FINRA arbitration is the main forum in the securities industry for resolution of legal disputes between investors and these industry professionals.

Darlene is a sought-after speaker, moderator and panelist, and is praised for her unique ability to provide clear explanations about complex legal processes. Darlene’s practice at Samuels Yoelin Kantor focuses on all stages of corporate and securities law issues, securities litigation and FINRA arbitration, fiduciary litigation in trust and estate disputes, and complex civil litigation. Darlene’s practice also includes representing investors nationwide in investment disputes.

For more information on the types of securities disputes that Darlene and the SYK securities litigation team work on, visit www.investordefenders.com.

2017 Chambers High Net Worth Again Recognizes SYK & Two of Our Partners

Stephen Kantor and Victoria Blachly

Friday, Chambers and Partners released their annual rankings for their Chambers High Net Worth publication. Chambers HNW is objective, independent and research-based; the guide recognizes the world’s leading high net worth advisers.

SYK is proud to again be recognized as a firm, as well as to celebrate the individual recognition received by SYK partners Steve Kantor – estate and tax planner extraordinaire – and Victoria Blachly – ferocious fiduciary litigator.

Cheers!

Blachly Appointed to Oregon Commission on Uniform State Laws

Victoria Blachly: SYK Attorney

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.

The Uniform Law Commission is a non-profit unincorporated association of the United States. The Oregon Commission on Uniform State Laws is the Oregon branch of this national association. There are only three commissioners appointed for the Oregon jurisdiction for each term. Those appointed to the commission are all attorneys, volunteering their time to a public service.

Victoria Blachly is a fiduciary litigator, trial attorney, and community leader. She represents individual and corporate trustees, beneficiaries, and personal representatives. Her cases often involve trust and estate litigation, will contests, trust disputes, undue influence, claims of fiduciary breach, financial elder abuse, and contested guardianship and conservatorships. She has found helping her clients through complex matters and giving them a voice to be the greatest reward of her career.

Van White to Present at BMDA Lien Law Seminar

SYK attorney Van White will be this year’s guest speaker for the Building Material Dealer’s Association (BMDA) Washington and Oregon Lien Law Seminar.

White’s presentation will include: preliminary notices, perfecting lien claims, bond claims, post lien requirements, and licensing requirements.

The presentation will take place October 20th at 8:00am, and will included a complementary breakfast and lunch.

Attendance is free for full members. To inquire, see the BMDA’s website.

Van White’s practice has a strong emphasis on construction, real estate and business litigation. All of the topics he covers in his presentation are matters he often encounters in his own litigation practice. Among his clients are contractors, material suppliers, property and business owners, developers and public and commerical construction works. White is also the BMDA Board of Directors President.

Banks Talks Aequitas in New Oregonian Article

Aequitas investors go on attack

Samuels Yoelin Kantor attorney Bob Banks was featured again in the Oregonian this Sunday. The article, by Jeff Manning, focuses on the the ongoing Aequitas debacle. Also highlighted in the piece is latest case that Banks filed in Seattle last week for a group of investors who lost $11 million.

In the article, Manning states “Bob Banks, a Portland securities lawyer, is representing 18 investors in Washington and California who were clients of Strategic Capital and Private Advisory Group, investment advisors based in Gig Harbor and Redmond, Wash., respectively. Strategic Capital got into trouble with the Securities and Exchange Commission in 2014. The company and its co-founder, Gary Price, were sanctioned by the agency for engaging in prohibited transactions….Bank’s 18 clients agreed to invest between them more than $11 million in Aequitas. They claim Aequitas’ ownership of Private Advisory Group was never disclosed to them.”

Banks is quoted, saying that “when our clients hired Private Advisory Group, they trusted that they were getting unbiased professional investment advice… In fact, PAG was secretly owned by Aequitas. Our clients had no idea that they were  actually being advised by Aequitas to invest in Aequitas.”

Be sure to read the full article.

For more information on the SYK Investor Defenders team, see their website. And for more news on the ongoing Aequitas case, be sure to check out their Aequitas Investor Information Center.

Blachly appointed to Alzheimer’s Association Oregon Chapter Leadership Board

Victoria Blachly: SYK Attorney

Samuels Yoelin Kantor LLP is pleased to announce that partner Victoria Blachly has been appointed to the Alzheimer’s Association Oregon Chapter Leadership Board. Victoria’s history of advocacy work makes her a strong addition to the Leadership Board. Together, she and the Alzheimer’s Association Oregon Chapter hope to strengthen the momentum of the Alzheimer’s disease movement by increasing concern and awareness about Alzheimer’s disease and other dementias. Samuels Yoelin Kantor LLP has been helping businesses, entrepreneurs and families build and protect their legacies since 1927.

Blachly’s law practice concentrates on fiduciary litigation. She represents individual trustees, corporate trustees, beneficiaries and personal representatives in often difficult and challenging cases involving trust and estate litigation, will contests, trust disputes, undue influence, capacity, claims of fiduciary breach, financial elder abuse, petitioning for court instructions, and contested guardianship and conservatorship.

The Alzheimer’s Association’s mission is to eliminate Alzheimer’s disease through the advancement of research; to provide and enhance care and support for all affected; and to reduce the risk of dementia through the promotion of brain health. Their vision is a world without Alzheimer’s