Feb 9, 2017
Employers often insist that their employees sign written agreements promising not to disclose confidential information concerning their employer to anyone during and following their employment. Of course such agreements frustrate governmental agencies which want to encourage employees to complain to them.
Thus, federal agencies are now invalidating and refusing to recognize employee confidentiality agreements which do not explicitly acknowledge and alert the employee of their right to file a charge or complaint against the employer … Read more
Oct 13, 2015
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
Sep 16, 2015
A number of years ago, I represented a shipping company which was negotiating to build new ships in a Chinese shipyard. My client had done its due diligence and was satisfied that the shipyard in question could build the ships it wanted at an acceptable price and deliver them in a timely fashion. For its part, the Chinese shipyard was eager to land this contract, as it would represent an expansion of its business to … Read more
Aug 22, 2013
When trying to answer the question of whether an individual providing services is an employee or an independent contractor, there is no clear answer, even when you have a written agreement that clearly states that the individual is an independent contractor. The Oregon Court of Appeals recently held that where you have such an agreement, the court will still look to see if the actual facts support whether an independent contractor or employment relationship exists. … Read more
Oct 15, 2012
When a contract isn’t clearly written, bad things can happen to the party who wrote it. At least that’s the cautionary lesson of a recent Oregon Court of Appeals decision: Dial Temporary Help Service, Inc. v. DLF International Seeds, Inc., 252 Or App 376 (2012).
In that case the plaintiff, Dial, wrote a contract for providing DLF with temporary workers. The contract stated that the temporary workers Dial provided would not be authorized to … Read more
Feb 22, 2011
Employers want to know who they’re hiring. If a new hire has a noncompetition, non-solicitation or confidentiality agreement with their last employer, there can be a risk of litigation to their new employer. The new employer may risk a law suit claiming wrongful interference with contractual relations between the new hire and their former employer or for misappropriation or misuse of the prior employer’s trade secrets.… Read more
Dec 8, 2010
An interesting article, The Affidavit of Support Creates a Legally Enforceable Contract by the Sponsored Foreign National: Efforts to Collect Damages as Support Obligations Against Divorced Spouses, in the November/December, 2010 issue of The Federal Lawyer by John Pratt and Ira Kurzban, two Florida immigration attorneys, discusses the use and limitations of the affidavit of support (Form I-864) as a separate contractual basis for the liability of a U.S. citizen to support their sponsored immigrant, … Read more