Solving problems and enhancing opportunities since 1949
Sherman Sherman Johnnie and Hoyt, LLP provides legal services to individuals and businesses in Oregon, Washington, and throughout the country from its base in Salem, Oregon.
Committed to building trusting, long-term relationships that make a positive difference for our clients, the diverse talents of our members allow us to tailor creative solutions to fit each client’s situation. Our service is defined by our creativity, empathy, and results.
Published on March 11, 2019.
Last July we highlighted the case of Janus v. American Federation of State, County, and Municipal Employees. That Supreme Court case held forcing non-union workers to finance union activities “violates the free speech rights. . . by compelling them to subsidize private speech on matters of substantial public concern.” The article ended with: “It is…
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Published on March 6, 2019.
In 2017, the Oregon Legislature enacted the new Oregon Receivership Code (“Code”), which took effect on January 1, 2018. Previously, Oregon’s Receivership State defined types of receiverships which allowed very little flexibility. The Code provides an efficient, defined mechanism for the appointment and use of a receiver to manage or dispose of assets during the…
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Published on February 15, 2019.
In keeping with the theme of previous articles, the next legal entity I will focus on is a general partnership. Similar to sole proprietorships, general partnerships are simple in structure and operation. An obvious differentiating factor, though, is the very nature of a partnership: there is more than one party. As I further proceed in discussing a general partnership,…
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Published on February 8, 2019.
Can a Debtor’s misrepresentation to a Creditor, made specifically to get the Creditor to extend credit, be the basis of claiming the obligation is nondischargeable in the Debtor’s bankruptcy? If the misrepresentation is not in writing and relates to a single asset, then probably not, even if the representation was made fraudulently. Under 11 U.S.C.…
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Published on January 15, 2019.
It is certainly a good idea for each of us to sign and maintain in effect a Power of Attorney. A Power of Attorney authorizes another person (your “agent”) to act for you in handling your financial affairs and property. Powers of Attorney can be either “general” or “limited” in scope. It is important to…
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