Legal in Oregon

Oregon Legal Intel

Thursday, May 28, 2026
3 min read
8 stories

Welcome to your daily briefing on legal developments in Oregon. Today we're covering 8 key stories including updates on oregon legal headlines, background & context. Let's dive in.

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2

Background & Context

3 stories

2.1

When to send a litigation hold letter.

A preservation (litigation hold) letter is appropriate as soon as litigation is reasonably anticipated, not just after a complaint is filed. The letter should identify the matter, the document categories at issue, and the recipient's preservation duty. Failure to send one is the leading evidence of spoliation in subsequent motion practice.

Why It Matters

Sanctions for spoliation can include adverse-inference instructions, monetary fines, and in severe cases default judgment. The cost of issuing a hold letter is one paralegal hour.

2.2

Why your non-compete clause may be unenforceable in OR.

Enforceability of employee non-competes varies dramatically by state and is trending toward narrower enforcement nationally. Common defects include geographic scope broader than the employer's actual market, duration longer than necessary to protect a legitimate interest, and lack of consideration beyond continued employment.

Why It Matters

An overbroad non-compete is often unenforceable in its entirety, not just blue-penciled down — meaning the employer gets no protection at all. A narrower, defensible clause protects more than an aspirational one.

2.3

The CLE-credit traps that produce non-compliance findings.

Most non-compliance findings stem from three avoidable mistakes: claiming credit for the wrong reporting period, missing the ethics-credit minimum, and failing to retain proof of attendance for the audit lookback window (typically 5 years). State bar audits are random but increasing in frequency.

Why It Matters

A CLE non-compliance finding is a public record in many states and triggers an administrative suspension that requires reinstatement application. Reinstatement is slower than initial admission in some jurisdictions.

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Issue Summary

DateMay 28, 2026
Stories8
Sections2
Read Time3 min
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