From the Ground Up

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ORS 701.640 May Not Void Forum-Selection and Choice-of-Law

Apr 10, 2019

From the Ground Up

Miller Nash partner Jacob Zahniser had an article published in the Oregon State Bar Construction Law Section's Construction Law Newsletter concerning little-discussed elements of construction contracts. The link to the full story is available be...

Oregon Court of Appeals Gives a Boost to the State’s Provision of New Housing

Mar 26, 2019

Housing, Land Use, Legal Developments—Oregon, From the Ground Up

On March 20, 2019, the Oregon Court of Appeals affirmed the Land Use Board of Appeals (“LUBA”) in a decision interpreting ORS 197.307(4), which is the “clear and objective” requirement of the ORS 197.295-.314 needed housing statutes. Warren v. Washin...

Portland-Area Consumer Price Index Discontinued

Mar 20, 2019

By Jonathon L. Goodling, Nathaniel Levy

Leasing, From the Ground Up

Many local commercial leases use the Portland-area consumer price index ("CPI") to calculate periodic rent adjustments. That index was discontinued in 2018.  For commercial landlords and tenants whose leases rely on the now-discontinued Portland...

Condo Lien Gone Wrong: Summary Lien Procedure used Successfully to Challenge Excessive Condo Lien

Feb 26, 2019

By James T. Yand

Housing, Real Estate, From the Ground Up, Legal Developments—Washington

ServPro filed a single lien on a condo for water damage remediation work in the amount of $183,945.09 but did not allocate proportionally the amount of its billing among the 20 units impacted. This mistake illustrates the difficulties in getting a li...

Supreme Court to Take Up Protection of Confidential Information Provided to the Government

Jan 23, 2019

By Brian Esler

Intellectual Property, From the Ground Up

On January 11, the United States Supreme Court announced it accepted the Food Marketing Institute’s cert petition to review the Eighth Circuit’s decision in Food Marketing Institute v. Argus Leader Media, representing the latest development towa...

Oregon’s 2019 Cap and Invest Legislation

Jan 18, 2019

By Jeff C. Miller

Environmental, Legal Developments—Oregon, From the Ground Up

Speaking today at a seminar sponsored by the University of Oregon, Senator Michael Dembrow and Representative Karin Power stated that they intend to introduce cap and invest legislation by the end of this month. The system is aligned with the Western...