Oregon Legal Intel

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The Oregon Secretary of State works to maximize voter participation, is a watchdog for public spending, makes it easier to do business in Oregon, and preserves and promotes Oregon history.

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Find out more about the Oregon State Bar. With more than 15,000 active members of the Oregon State Bar (OSB), approximately 2,500 reside in a state other than Oregon. The OSB has an annual operating budget of $15 million.

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Arbitration clauses are most often struck down for procedural unconscionability — surprise placement, font that hides them, or no opportunity to negotiate — rather than substantive issues. A clause that is conspicuous, separately initialed, and accompanies a clear written notice of waiver of jury trial survives review in most jurisdictions.

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.

Most conflict-of-interest systems index by named party only. They miss conflicts created when the named party is a wholly-owned subsidiary, a shared parent's affiliate, or a private-equity portfolio company under common control. The model rules treat these as conflicts even though no name match exists.