Hunt & Associates P.C.

Feb 23, 2017

Cover Your Tail – Protecting Against Personal Liability of LLC Members After the Company Dies

FailureOne of the principal benefits of a limited liability company is the insulation it provides its members against personal liability for company debts.  It is, however, possible to lose that protection against personal liability.  One situation where the members and managers can expose themselves to personal liability for company debts is when the company is dissolved and the members assume responsibility for paying the company’s remaining debts, winding up its affairs and distributing the company’s … Read more

Jul 27, 2016

You Can’t Kill the Cow to Get More Milk – Oregon’s Measure 97 and the Destructive Impulse to Over Tax

CowWinston Churchill described the art of intelligent taxation as knowing how to keep the cow healthy and alive so as to maximize its milk production.  The prime directive of good policy is to not kill the cow.  If the cow dies, there’s no more milk.  Without the milk of tax income, government can’t live. In Oregon the cow’s health, if not its life, is now in peril.

Unfortunately, government’s insatiable appetite often tempts it to … Read more

Apr 12, 2016

Charging Orders on Oregon Partnerships, Limited Liability Partnerships and Limited Liability Companies

A charging order is the statutory vehicle which enables an Oregon judgment creditor to reach their debtor’s limited liability company membership or partnership interest to satisfy a judgment debt.  ORS 63.259; 67.205; and, 70.295.  In a recent decision, Law v. Zemp, 276 Or App 652 (2016), the Oregon Court of Appeals disregarded the applicable statutory language creating more confusion than clarity concerning the proper nature and permissible scope of charging orders in Oregon.

The judgment … Read more

Mar 15, 2016

Negotiations 101: Prepare, Prepare, Prepare!

I still recall bits and pieces of the first negotiation I did as a lawyer more than 30 years ago. I was a new lawyer in a firm that specialized in maritime law, a subject area which seemed to suit me, as I had sailed in the merchant marine and was well acquainted with ships and things nautical. One of the firm’s clients was a tugboat owner who found himself in need of a barge … Read more

Feb 16, 2016

Negotiating Tips for Face to Face Encounters

Negotiation is a fact of life. In a very real sense, we are all negotiators. Inevitably, our own needs and concerns bump up against the needs and concerns of those around us and we bargain in order to reconcile our needs/concerns with those of others.

That said, some people are clearly better at negotiating than others. Some people just seem to have a special talent for knowing just what to say at just the right … Read more

Dec 22, 2015

Negotiating? What’s Your Approach?

“Like it or not, you are a negotiator. Negotiation is a fact of life. You discuss a raise with your boss. You try to agree with a stranger on a price for his house. Two lawyers try to settle a lawsuit arising from a car accident. A group of oil companies plan a joint venture exploring for offshore oil. A city official meets with union leaders to avert a transit strike. The United States Secretary … Read more

Nov 17, 2015

Negotiating a Business Contract? Consider the Other Party’s Interests

People in business are constantly engaged in negotiating: with existing and prospective customers; with suppliers and other vendors; and, with others within their own organizations. Those who are successful in business are quite often those who have developed the skill set necessary to become effective negotiators. Good negotiators recognize that a successful negotiation is about more than just making a deal – it is about making a good deal. Good deals are more apt to … Read more

Oct 13, 2015

Our Very Own Charlie Ford to Speak at Local CLE

Charlie Ford is scheduled be a speaker at a CLE entitled “Drafting and Negotiating Business Contracts“. The CLE is scheduled to take place on Wednesday December 16, 2015 all day beginning at 9:00 AM at the Portland Airport Holiday Inn which is located at 8439 NE Columbia Boulevard in Portland, Oregon. He will be specifically discussing negotiation and re-negotiation strategies. Sign up for the class using the link above to check it out!… Read more

Apr 26, 2011

Reducing Fiduciary Duties in Oregon LLCs: How Far Can You Go?

Freedom of contract is one of the principal principles in the law of limited liability companies.  That is, limited liability companies were legislatively created to enable the equity owners of such companies to contractually define their relationship vis-à-vis their company and each other to the fullest extent reasonably possible.  The limited liability company operating agreement provides the vehicle for the exercise of that freedom.  Unfortunately, such freedom can make trust more expensive where the members … Read more