2005 Committee and Section Annual Reports

2005 Committee and Section Annual Reports

Table of Contents

Committees

Affirmative Action...... 1 Medical Profession-Joint ...... 7 Bar Press Broadcasters Council ...... 2 Minimum Continuing Legal Education...... 8 Certified Public Accountants-Joint ...... 3 Pro Bono ...... 9 Client Security Fund ...... 4 Procedure & Practice ...... 10 Continuing Legal Education ...... 4 Public Service Advisory ...... 11 Federal Practice & Procedure...... 5 Quality of Life...... 11 Judicial Administration ...... 5 State Lawyers Assistance ...... 12 Legal Ethics...... 6 Uniform Civil Jury Instructions ...... 13 Legal Heritage Interest Group ...... 6 Uniform Criminal Jury Instructions...... 13 Legal Services ...... 7 Unlawful Practice of Law ...... 13

Sections

Administrative Law ...... 15 Energy, Telecommunications Admiralty ...... 16 & Utility Law ...... 30 Agricultural Law...... 17 Environmental & Natural Resources...... 30 Alternative Dispute Resolution ...... 17 Estate Planning and Administration ...... 31 Antitrust, Trade Regulation ...... 18 Family Law ...... 31 Appellate Practice ...... 19 Government Law ...... 32 Aviation Law ...... 20 Health Law ...... 32 Business Law ...... 20 Indian Law ...... 33 Business Litigation ...... 21 Intellectual Property...... 34 Civil Rights...... 22 International Law ...... 34 Computer & Internet Law ...... 22 Juvenile Law ...... 35 Constitutional Law...... 23 Labor & Employment...... 35 Construction Law ...... 24 Law Practice Management ...... 36 Consumer Law ...... 25 Litigation ...... 37 Corporate Counsel ...... 25 Products Liability ...... 37 Criminal Law ...... 26 Real Estate & Land Use ...... 38 Debtor-Creditor ...... 27 Securities Regulation ...... 39 Disability Law ...... 27 Sole and Small Firm Practitioners ...... 40 Diversity ...... 28 Taxation ...... 41 Elder Law ...... 29 Workers' Compensation ...... 42

i 2005 Committee and Section Annual Reports

ii 2004 Committee and Section Annual Reports

Committees

Affirmative Action Committee PUBLIC HONORS FELLOWSHIP PROGRAM: The Public Honors Subcommittee This report regards the OSB Affirmative Action reviewed 7 applications for six fellowships and one Program (AAP) allocative programs, OLIO Environmental Law grant. The AAP received the programs, and 2006 Sunset efforts. The AAP Environmental Law Grant for the fifth year programs are designed to advance the following through the American Bar Association. The mission statement: fellowship recipients clerked for the Oregon The mission of the Affirmative Action Program of Supreme Court, Oregon Court of Appeals, Office the Oregon State Bar is to support the mission of of the Governor, Oregon Law Center, Marion the Oregon State Bar: by promoting respect for the County DA and Multnomah DA. The ABA rule of law, by improving the quality of legal Environmental Clerk worked for Harrang Long services, and by increasing access to justice. The Gary Rudnick PC in Eugene. Program serves this mission by striving to increase BAR EXAM GRANT: The Bar Exam the diversity of the Oregon bench and bar to reflect Subcommittee reviewed a total of 28 applications the diversity of the people of Oregon, by educating for both the February and July bar examinations to attorneys about the cultural richness and diversity of award 9 grants. OMLA, through their annual the clients they serve, and by removing barriers to auction in June, raised funds to award Bar Exam justice. Preparation Course scholarships for ethnic minority graduates who did not receive awards ALLOCATIVE PROGRAMS: through the Bar Exam Grant program. The bar’s Affirmative Action Program includes allocative programs (scholarships, stipends, OLIO: fellowships, and grants) funded by the bar’s AAP The bar’s Affirmative Action Program includes assessment. Law students who can help to advance OLIO (Opportunities for Law in Oregon), a the program’s mission are eligible to apply. recruitment/retention strategy for Oregon’s ethnic Eligibility is not limited to ethnic minorities. minority law students. All entering ethnic SCHOLARSHIP PROGRAM: The Scholarship minority law students are invited to participate in Subcommittee scored 48 applications, and awarded the OLIO Orientation. All students, regardless of 8 scholarships in the amount of $2000 each, paid ethnicity, who are committed to advance the in two installments directly to each law school. OLIO mission can apply to participate in the Orientation and are also eligible to participate in CLERKSHIP STIPEND PROGRAM: Thirty- other OLIO activities. five students applied for 20 stipends designated to secure clerkships with employers who could match EMPLOYMENT RETREAT: The calendar year at least the $5.00/hour stipend. In 2004, the began with the Seventh Annual Employment Affirmative Action Committee decided to grant Retreat at Lewis & Clark Law School on the last up to three exceptions per year to raise the stipend Saturday in January. The traditional round-robin to Oregon’s minimum wage (budget permitting) mock interviews were again a tremendous hit. when an employer could not provide the match. Through the mock interview process and the There were no exception requests in 2005. personal involvement of Career Services of the three law schools, we are finding that students are

1 2005 Committee and Section Annual Reports much more prepared for interviews, and are better included a social co-sponsored by the Oregon equipped to secure employment through AAP Minority Lawyers Association for Central Oregon programs as well as through individual efforts. The OMLA members and bar leaders. Also Employment Retreat included an Employer Forum participating for the first time was a middle school wherein private and public sector firms of diverse student and her mother as a pilot project to sizes sponsored tables to meet and greet the law encourage younger ethnic minority Oregonians to students. The participating firms paid a $50 fee to consider a legal career while helping to expand the help cover Retreat expenses. ethnic minority law student community outside of SPRING SOCIAL: In lieu of the annual Spring law school. Social to honor graduating students, law students 3rd ANNUAL BOWLIO: BOWLIO is a were invited to attend the OWLS Awards Dinner fundraiser for OLIO. The 2005 event featured in March, especially to honor the recipient of the guest First Lady Mary Oberst. Over 200 law 2005 Mercedes Deiz Award, Stella Manabe, AAP students, lawyers, and judges participated. Administrator. Individual lawyers and law firms sponsored seats for the attending students. 2006 SUNSET: LEGAL WRITING AND RESEARCH The AAC appointed a subcommittee headed by WORKSHOPS: These workshops are designed to Judge Douglas Van Dyk. Judge Van Dyk identified transition ethnic minority law students from a three-prong strategy to bring about an AAP classroom Legal Writing/Research to LWR in extension beyond 2006 – (1) HOD education and practice. David Bartz and Judge Dick Baldwin elections; (2) membership education and publicity, conducted the workshop at the Schwabe (3) reunion of all AAP participants and Williamson firm in Portland. Judge Virginia Linder beneficiaries. and Bob Rocklin conducted the workshop at Willamette in Salem. Joe Richards conducted the Respectfully Submitted: Stephen F. Crew (CH), workshop at the Luvaas Cobb firm in Eugene. Lynn R. Nakamoto (SEC), Carl D. Crowell, Timothy R. Harmon, Hong N. Huynh, Amanda FIRST YEAR INTERNSHIP PROGRAM L. Mayhew, Anastasia Yu Meisner, Douglas V. (FYIP) implemented new Personal Statement Van Dyk, Susana Alba, Judith Woo Poutasse, criteria which the participating law firms decided David Schuman, David R. Simon, Trung D. Tu, would help to identify students who would better Richard J. Brownstein, Lori E. Deveny, David fit their firms’ diversity objectives. Students W. Giles, Tom Kranovich, Marva Fabien (BC), submitted the Personal Statements along with Stella K. Manabe (BL). resumes and legal writing samples. BAR EXAM WORKSHOP: Stella Manabe and Jim Bailey presented this workshop in Portland Bar Press Broadcasters Council and in Eugene for OLIO participants. The workshop is a comprehensive approach to bar The Bar Press Broadcasters Council has adopted exam study with focus also on cultural issues ethnic a mission of “Building a Culture of Dialogue” minority applicants may experience. among lawyers, judges and journalists. In 2005, they held two major events around this goal, one OLIO ORIENTATION: The AAP held the in Portland and one in Eugene. The programs Seventh Annual OLIO Orientation in Redmond, brought together some of the most prominent Oregon. The Retreat successfully bonded the judges, lawyers, and journalists from print, radio incoming ethnic minority law students to each and television to talk about the process of covering other and to the bar. The 2005 Orientation high-profile crime and court stories. The goal was

2 2005 Committee and Section Annual Reports for all parties to learn from other constituencies Certified Public Accountants-Joint about their concerns, and to gain perspective that will inform future decision-making in courtrooms, Committee law offices and newsrooms. 1. The committee regularly held meetings in Additionally, in order to meet the specific needs February, April, June, August and December for of TV stations, the Council developed a program approximately 1 hour at the Oregon State Bar to take directly into broadcast stations. The offices. program brings a judge, a defense attorney and a 2. Committee members and other legal and prosecutor into the newsrooms to share their accounting professionals wrote Professional perspective on working with media, and then to Insight articles for the OSCPA magazine. The answer questions from the journalists. The program magazine is published 11 times during the was held at 3 of the 4 TV stations in Portland, and calendar year and Professional Insight articles each station has requested follow-up visits. A are in every other issue. The articles covered similar program was held for radio reporters items of interest to both accountants and throughout the city. attorneys, and dealt with issues such as business The Council began work on a major project to valuation, social security reform, Circular 230 replace the Bar Press Guidelines, considered to be amendments, and changes in bankruptcy law. outdated. The Council is drafting a comprehensive 3. The Committee cancelled its annual golf booklet to be used as a resource for bar members tournament because the tournament lost money and journalists involved in legal issues coverage. in 2004. A subcommittee was formed to The booklet will track the chronology of a reevaluate the golf tournament for 2006. criminal case, and address the concerns of each constituent group at each stage. Development of 4. The Committee cancelled its fall retreat. that book is well underway. Publication expected 5. The Committee discussed and OSB liaison in mid-2006. Albert Menashe helped Committee member As a side note, the Oregon State Bar Media Thomas Brown schedule a half-day CLE Relations Program is working concurrently to program on business valuations at the Oregon develop some separate products specifically for State Bar offices. lawyers when the Bar Press Guidelines are officially 6. The Committee had several discussions and replaced by the Council. made changes to the Committee’s assignment to Plans for 2006 include Building the Culture encourage more pro bono work and events (outlined above) in Portland and informational public speaking. Bend, publication of the Bar Press 7. The Committee worked to update its website Guidebook, additional programs brought directly hosted at OSCPA.com. The Committee into print, radio and TV news departments. provided information about its assignment and meeting schedule, and copies of past minutes Respectfully submitted: Duane A. Bosworth are available for viewing my members and non- (CH), Stephen R. Blixseth, Michael D. members. Schrunk, Suzanne Upton, Daniel L. Keppler, Jim Losk, Janine Robben, Marc Sussman, Allie Recommendations for 2006 O’Connor, Jeffrey S. Seymour, Ronald D. Thom, David C. Wang, Steven M. Wilker, Continue the following goals: Nena Cook (BC), Kateri Walsh (BL). 1. Continue to update and maintain the Committee’s website hosted by the OSCPA.

3 2005 Committee and Section Annual Reports

2. Submit Professional Insight articles for the At the January meeting bar liaison Sylvia OSCPA magazine and OSB Bulletin (as Stevens gave an orientation for new members, appropriate). which included an overview of the committee purpose and funding, as well as claim investigation. 3. Provide social and networking opportunities for The committee received and investigated twenty- lawyers and accountants, including restarting eight claims in 2005 and continued its the annual golf tournament this summer. investigation into several claims filed in previous 4. Encourage members to start or assist with years. Of these claims, seventeen were paid, continuing education programs through the including two from 2002, two from 2003, and ten OSB and OSCPA. from 2004; and fifteen claims, nine from 2005, and six from 2004, were denied. The remaining claims Additional goals for 2006: are under continued investigation. 1. Reevaluate the specific Committee assignments. As of October 31, 2005 the CSF had a fund 2. Promote additional opportunities for balance of $915,762.00. Next year the committee accountants and attorneys to socialize. will continue its investigation of pending and new claims. 3. Discuss establishing a list server for accountants and attorneys to discuss cross-discipline Respectfully submitted: Darrin Class(CH), Scott questions. Howard(SEC), Scott Asphaug, William Crow, 4. Hosting one Committee meeting at an Jennifer Kimble, Dennis McCaffrey, Bonita alternative location, such as the Oregon Food Merten (PM), Thomas Moore, Sarah Rinehart, Bank. Constantin Severe, Floyd Shebley, Theodore Sumner, Conrad Yunker, Mark Comstock (BC), 5. Evaluate the future of the fall retreat. Sylvia Stevens (BL). Respectfully submitted: Thomas L. Hutchinson (CH), Brandon A. Benson (SEC), Gary R. Continuing Legal Education Barnum, Stephen Bush, Owen D. Blank, Thomas S. Brown, Eric R. Foster, Justin C. Committee Jones, Gary S. Leavitt, David J. Malcolm, David In lieu of an annual report, the CLE Committee M. Mondress, Robert N. Muraski, Hoang H. submitted a memorandum to the Board of Nguyen, Gregson Parker, John D. Parsons, Governors requesting that the board either sunset Steven B. Resnikoff, Mark W. Rose, Brian S. the committee or provide it with new specific and Thompson, Albert A. Menashe (BC), and workable charges. At it’s November 19th meeting, Cathi Pittman (BL). the board voted to sunset the CLE Committee because its traditional role is now duplicated by Client Security Fund Committee CLE Seminar planning committee and CLE Publication editorial committees The committee met four times in 2005. Two meetings were held at the Oregon State Bar offices Respectfully submitted: Kathleen A Cushing in Lake Oswego, and two meetings were held in (CH), G. Victor Tiscornia (SEC), Harry M. Salem at a committee member’s office. Auerbach, Steven A. Chase, Jenna Leigh Teleconferencing was available at each meeting for Mooney, Timothy J. Bernasek, James C. anyone unable to attend in person. Casterline, Walter L. Cauble, Shari L. Lane,

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Robert A. Schuler, Gina M. Stewart, Michael provides a valuable opportunity for interaction E. Swaim, Alycia N. Sykora, Trinh C. Tran, between the bench and the bar. Richard S. Yugler, (BC), Karen Lee (BL), Linda The Committee discussed ways to possibly Kruschke (BL). streamline summary judgment practice in the Court.

Federal Practice and Procedure Respectfully submitted: Jeffrey Stewart Love Committee (CH), Michelle Holman Kerin (SEC), Christopher Carson, James Sutherland, Jeff The Federal Practice and Procedure Committee Brecht, Thad Guyer, John F. McGrory, Dennis (“Committee”) regularly met at noon in the federal N. Balske, Joel I. Bruhn, Vishnu N. Jetmalani, courthouse on the second Wednesday of each Matthew J. Lynse, Kathryn M. Pratt, Mark L. month in 2005, except for the months of May, July, Stermitz, Dana L. Sullivan, Garr King (ADV), August and November. The Committee’s major Janice M. Stewart (ADV), Randall L. Dunn, activities are outlined below. (ADV), Timothy C. Gerking (BC), George A. The Standing Subcommittee on Proposed Rule Reimer, (BL). Amendments continued to monitor and report to the full Committee on proposed changes in federal rules. Additionally, in an effort to further its Judicial Administration Committee coordination with the Local Rules Committee, In 2005, the committee took on several large Chairperson Jim Hiller and others on his projects, consisting of creating momentum around committee were contacted several times during the Jury Appreciation and Law Day, in-depth studies year to update the Committee on local rule on judicial evaluation and judicial independence developments and issues of concern. as well as continuing outreach work on the Judicial The Committee also continued to follow Speaker’s Bureau. developments concerning electronic discovery, In 2006, the committee will work with the including the proposed amendment to the federal board on preparing legislative proposals for the rules regarding electronic discovery. Judge Janice upcoming 2007 session that will impact the courts Stewart joined the Committee and added her and judicial system. knowledge of these issues. The Committee followed up on the Respectfully submitted: Marilyn Odell (CH), recommendation of last year’s Committee to the Michael Bloom (SEC), Ann Christian, Oregon State Bar Board of Governors Kathleen Dolan, Marsha Morasch, Jack Morris, recommending that it take a stand against several Douglas Bray, Bruce Rubin, Hon. Dale Koch, Congressional proposals to split the Ninth Circuit. Kenneth Crowley, Debra Vogt, David Hittle, Last year, the Board declined to consider the issue. Kristen David, Michael Washington, Mary This year, the Committee sent a letter to the McCauley Burrows (PM), Audun Sorensen, Board again recommending that it consider the (PM), Carol Skerjanec (BC), Susan Grabe issue. It did, and came out against the proposals to (BL). split the Ninth Circuit. The Committee continued to discuss the need for greater participation by federal practitioners in the “Saturday Session.” This is an annual meeting that is well attended by the federal judiciary and it

5 2005 Committee and Section Annual Reports

Legal Ethics Committee 2. An archive policy should be developed by the OSB, to ensure the safe keeping of items The committee met seven times during the of future historic interest. year. The committees work focused on reviewing The Legal Heritage Committee should be and updating OSB Formal Ethics Opinions 1991-1 continued through the next membership year. through 2004-175 in light of the adoption of the new Rules of Professional Conduct. The During 2005, the Legal Heritage Interest Group committee submitted the complete set of 175 scheduled four meetings. Two of the meetings revised opinions to the Board of Bar Governors, focused on libraries. We met at the Oregon which approved the changes at its August meeting. Historical Society Library and learned about its The committee recognizes and thanks bar liaison resources. At the Multnomah County Law Library Sylvia Stevens and committee member Peter Jarvis annex, librarian Jacque Jurkins briefed us on the for their diligence and excellent work. history of the library and professional law librarianship in Oregon. The committee received two new requests for formal opinions in 2005. Due to the scale of the Marketing of the Oregon State Bar’s history, bar opinion revision project (which included 25 Serving Justice, A History of the Oregon State Bar completely revised opinions), the committee 1890-2000 continued to be an emphasis, with deferred work on those new requests until after efforts to sell individual copies at various completion of the bar opinion revision project. gatherings of lawyers. We continued our discussions of making the book the centerpiece of For the upcoming year, the committee plans to an educational event, with a possible emphasis on respond to the two pending opinion requests as diversity. well as any others that are received. In addition the committee will complete its study of several We maintained liaison with other groups possible amendments to the Oregon Rules of interested in Oregon legal history, notably the US Professional Conduct and make a recommendation District Court of Oregon Historical Society, the to the Board of Governors. Multnomah Bar Association’s 100th anniversary celebration history subcommittee and the Queen’s Respectfully submitted: William Kirby (CH), Bench history committee. Wendy Baker (SEC), Paul Levy, Roger DeHoog, In addition, the group continued its efforts to Bonnie Richardson, Janice Turner, Joan-Marie develop ideas and recruit authors for articles of Michelsen, Lane Borg, Mark McCulloch, historical interest in the OSB Bulletin. Christopher Cauble, Robert Simon, Peter Jarvis, Joseph Dean, Frank Weiss, Sheree Lynn Rybak, Respectfully Submitted: S. Diane Rynerson (CH), Gerry Gaydos (BC), and Sylvia Stevens (BL). Janet D. Kreft (SEC), Richard D. Barber, Jack Gore Collins, Betty I. Crofoot, Dean S. Legal Heritage Interest Group Kaufman, Jack L. Kennedy, Hon. Randall B. Kester, Deanna Page Laidler, Prof. Ron B. Lansing, Johnston A. Mitchell, Hon Owen M. Recommendations: Panner, Katherine O’Neil (HON), David B. 1. Space permitting, all OSB 50-year members Avison (ADV), Fred A. Granata (ADV), should be permitted to audit OSB CLE Caroline Stoel (ADV), Bette L. Worcester programs at no charge. (BC), Marlyce Gholston (BL), and Paul Nickell (BL).

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Legal Services Program Committee Respectfully submitted: Howard G. Arnett (CH), Stephen S. Walters (SEC), Douglass H. The committee will meet a total of three times Schmor, Kent Thurber, David Ross, William during 2005 with their last meeting held in Van Atta, Ron Chase (PM), Jennifer Stenzel December after this report was submitted. Grant (ADV), Laurence H Hamblen (ADV), The Committee took action on two issues over Michael Keeney (ADV), Debra Lee (ADV), the course of the year. Those actions are as follows: Thomas Matsuda (ADV), Ralph Saltus (ADV), David Thornburg ADV), Samuel E Tucker, 1. Amending the OSB-LSP Standards and Linda K Eyerman (BC), Judith Baker (BL). Guidelines The committee approved, subject to BOG approval, the amendments to the Medical Profession-Joint Committee Standards and Guidelines. The amendments At the recommendation of the Policy and strengthened the OSB Legal Services Program Governance Committee the Oregon State Bar Policies concerning integrating services and Board (OSB) of Governors voted to disband the eliminating the legal and physical separation Joint Medical Legal Committee on November 19, between the programs and will be used to 2005. There has been no request for action or challenge the restrictions that have been placed meeting to deal with a substantive issue since July on programs that receive LSC federal funding. 2, 2001 with the exception of an informational 2. Amending the Presumptive Funding Level in meeting requested by the Chair Bruce Wiegman the OSB-LSP Standards and guidelines February 25, 2003. The committee approved subject to BOG The OSB suggests the following resources: approval, that the presumptive funding The Health Law Section of the Oregon State language in the Standards and Guidelines be Bar is active, involved in continuing education, amended to raise the existing 3.1 million legislative activities, and applicable federal and funding ceiling to 5.1 million. The increase to state law involving healthcare. 5.1 million represents the 2003 filing fee level adjusted for inflation increased by the 1.6 The OSB Client Assistance Office (CAO), million dollar gap to meet the legal needs of the manager Chris Mullman with a staff of six, poor assessed in 2003. It was agreed by the investigates inquiries and complaints. The committee that the amended language change CAO will direct complaints with credible as presented meets the 1997 and 2003 evidence of ethics violations to the Office of legislative intent to provide additional funding Disciplinary Council and attempt to resolve for legal services to the poor at the same time other matters within the resources of the continuing the approach adopted by the Interim Oregon State Bar. Civil Legal Services Task Force who developed An existing OSB committee handles attorney the Standards and Guidelines in 1998. fee disputes. The committee also discussed and agreed that The Oregon State Bar is interested in a the language found in the Standards and continuing relationship with the Oregon Medical Guidelines at V. A. 2. Additional Funds should Association and would recommend future issues be be changed so as not to create an expectation directed to the Board of Governors if not that the Legal Services Program Committee satisfactorily addressed by one of the offices, “will” award additional funds to applicants if the committees or sections outlined above. presumptive funding level is met in the future.

7 2005 Committee and Section Annual Reports

Respectfully submitted: Douglas L. Schaffer (CH), In March 2005, the MCLE Committee Michael D. Crew (SEC), Mary L. Pool, Keith J. recommended amending Rules 3.2(b) and 5.5(a) Bauer, Robert L. Cowling, Margaret M. to clarify 1) that the child abuse reporting credit Maguire, Robert W. Staley, John A. Enbom, counts as an ethics credit; and 2) that the Paul R. Frisch (BC), Scott A. Morrill (BL). elimination of bias credit requirement is in addition to the legal ethics credit requirement. The Supreme Court approved these amendments Minimum Continuing Legal in August 2005. Education Committee In June 2005, the MCLE Committee recommended adoption of a non-discrimination The Minimum Continuing Legal Education attendance rule for accreditation of CLE programs. Committee is an advisory body to the MCLE The Supreme Court approved the proposed rule in Administrator and to the Board of Governors. September 2005. MCLE Rule 5.1(f) states: During 2005, the Committee has: “The activity must have no attendance • Reviewed and made decisions on requests for restrictions based on race, color, gender, sexual review of MCLE Administrator decisions; orientation, religion, geographic location, age, • Considered and recommended changes to the handicap or disability, marital, parental or MCLE Rules and Regulations; and military status or other classification protected • Continued to develop expertise regarding the by law, except as may be permitted upon MCLE programs in Oregon and in other application from a provider or member, where jurisdictions. attendance is restricted due to applicable state or federal law.” One committee project is underway and close to completion; transcript reporting of MCLE credits is The function of the MCLE requirement is to in effect and coverage will expand with the coming maintain and enhance the competency of Oregon year. State bar staff and the MCLE committee are lawyers in substantive areas of law governing the hopeful that this process will make compliance areas in which they practice, including ethical with MCLE requirements easier for all members. considerations. In the year ahead, the Committee will continue to assist the MCLE Administrator in The committee has continued to have developing and carrying out a work plan to meet discussions and comments from members regarding performance measures and to achieve goals set by the diversity credit requirement, which was first the BOG. Meetings will continue to be quarterly, implemented in 2001. During 2004 and 2005, the or at the call of the Administrator or the Chair. committee had many discussions about whether or not substantive law programs could qualify for The committee has in the past suggested that a elimination of bias (diversity) credit. In 2005, the study be done on the extent to which various CLE Board of Governors approved MCLE Regulation requirements improve, or fail to improve, attorney 5.500, which states: competence. The committee continues to believe this proposal has merit. “A program shall not be ineligible for accreditation as an elimination of bias activity Respectfully submitted: Laura H. Kosloff (CH), solely because it is limited to a discussion of Ellen M. Voss (SEC), Stace B. Gordon (PM), substantive law, provided the substantive law Thomas M. Ryan, Donald P. Bourgeois, Kara K. relates to issues involving race, gender, Davis, Carol D. Skerjanec (BC), and Denise economic status, creed, color, religion, national Cline (BL). origin, disability, age, or sexual orientation.”

8 2005 Committee and Section Annual Reports

Pro Bono Committee Reporting Subcommittee • Evaluated the pro bono reporting process from The Pro Bono Committee has met 11 times this 2003 and 2004 through data analysis and year to date and will meet for the 12th time on feedback from law firms to identify barriers to December 20, 2005. The Committee formed three voluntary reporting. subcommittees to address the following subjects: (1) a model pro bono policy, (2) reporting of pro • Revised the pro bono reporting process, bono hours, and 3) a pro bono mentor program. In including new Pro Bono Roll Call categories, a addition, members of the Pro Bono Committee new reporting form, a new Pro Bono Roll Call continued to pursue judicial involvement in pro brochure, a new form for law firms to report on bono as liaisons to the State Family Law Advisory behalf of their attorneys, and improved online Committee’s (SFLAC) Subcommittee on Self- reporting. Represented Litigants. The Pro Bono Committee • Considered the experiences of other states with also participated in the Coordination Committee mandatory pro bono reporting and the (ONLY Committee) with the MBA Young Lawyer possibility of adopting a similar policy in Division Pro Bono Subcommittee, the OSB New Oregon. The Committee will consider this idea Lawyers Division, and the OLC/LASO Pro Bono further in 2006. Committee to coordinate pro bono activities in Multnomah County and statewide. • Met with members of the Small Firm and Solo Practitioner Section to calm concerns that the Accomplishments OSB is pursuing a mandatory pro bono policy. The Committee agreed that critical Model Pro Bono Policy Subcommittee infrastructure issues and widespread opposition • Developed a customizable pro bono policy that by bar membership make mandatory pro bono law firms can adapt to their unique needs and requirements infeasible for Oregon. cultures with a worksheet for firms to select • Advertised the 2005 Pro Bono Roll Call in the particular policy components. September and December issues of the Bar • Coordinated a marketing and implementation Bulletin. strategy to assist law firms in adopting a pro SFLAC Subcommittee on Self-Represented bono policy, expected to continue through Litigants (Pro Bono Accomplishments) 2006. • Recommended that the Board of Governors co- Pro Bono Mentor Program Subcommittee sponsor a presentation by Richard Zorza, a • Developed a resource for attorneys seeking nationally known expert on pro se matters, for assistance on pro bono cases and an opportunity the 2006 Annual SFLAC Conference and the for attorneys willing to offer pro bono assistance 2006 Circuit Judges Association Conference. to other attorneys. The BOG approved $1,500 in support for this purpose. Mr. Zorza will address the ethics of • Collaborated with the OSB Referral and judicial involvement in the promotion of pro Information Services Department to develop a bono service. pro bono component to the Lawyer to Lawyer Program and evaluate how often bar members • Developed a joint workshop with the Pro Bono use the Lawyer to Lawyer program for pro bono Committee for the 2006 Annual SFLAC cases. Conference.

9 2005 Committee and Section Annual Reports

Other Pro Bono Committee Activities which was enacted as Ch. 457 Oregon Laws 2005, modifies existing statute to allow an extension of • Worked with the ONLY Committee to the statute of limitations upon attorney’s death coordinate the 2005 Pro Bono Fair, including under certain circumstances. The Procedure and the 2004 Pro Bono Challenge awards ceremony, Practice Committee also submitted a suggested two CLE programs (on domestic violence and amendment to ORCP 54 E Offer of Compromise landlord-tenant law), and an information fair to the Council on Court Procedure and consulted featuring several pro bono programs. with the Council on a possible amendment to • Worked with the OSB on the December 2005 ORCP 9 to permit service of papers via e-mail if Bar Bulletin pro bono story. all parties consent. During the course of the 2005 • Discussed incentives to encourage pro bono legislative session, members of the committee service, such as CLE credits. reviewed and analyzed literally dozens of proposals that related in some fashion to the practice of law • Worked with the OSB New Lawyers Division in Oregon. Several members also testified before Pro Bono Subcommittee and the MBA Young legislative committees or attended committee Lawyers Section Pro Bono Committee to revise hearings to act as a resource if needed. and expand the Pro Bono Opportunities in Oregon handbook. The new handbook was Along with the legislative proposals the distributed at the 2005 new member swearing in Procedure & Practice Committee has liaison event, the OSB Leadership Conference, and assignments with the following groups: 1) Uniform several CLE program. It is also available on the Trial Court Rules (UTCR), 2) Council on Court Pro Bono website. Procedures (CCP) and the 3) Chief Justice’s Civil Law Advisory Committee (CJCLAC). • Worked with the OSB to add a section to the Bar Directory for programs that provide pro The committee will continue to explore issues bono opportunities. that affect the practice of law that arise out of the legislative process and case law. Furthermore, the • Redesigned the Pro Bono website to provide committee will continue to provide liaison to the more information and to make it easier to find. Council on Court Procedures, Chief Justice’s Civil Law Advisory Committee, and the Oregon Law Respectfully submitted: Jeff Lindberg (CH), Jeff S. Commission. Pitzer (SEC), Nyla L Jebousek, Matthew A Wilson, Mark A Friel, Michael S Guy, Bradley Respectfully submitted: Michael C. Zusman, D Maier, Beverly C Pearman, Daniel K Reising, (CH), Everett W. Jack (SEC), Brian C. Dretke, Laura L Schantz, Tiffany Jan Davidson, Tim John N. McKeegan, Richard A. Weill, McNeil, BeaLisa Sydlik, Catherine L Keenan Christopher Morgan, David P. Morrison, Scott (ADV), Maya Crawford (ADV), Linda K O. Pratt, Christopher A. Bishop, Wm Keith Eyerman (BC), Debra Cohen Maryanov (BL). Dozier, William G. Earle, Harrison Latto, Maureen H. McKnight, Connie L. Speck, Procedure & Practice Committee Alexander S. Wylie, Dennis P. Rawlinson (BC), Sally Ann LaJoie (BL). The Procedure & Practice Committee has been monitoring and reviewing legislative proposals that affect Procedure and Practice issues in Oregon. The Procedure & Practice Committee submitted one bill to the 2005 Legislature. SB 285,

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Public Service Advisory Committee Bruce Bornholdt, Craig Hopkins, Joel Corcoran, Paula Hammond, Sonya Fischer, Albert The Public Service Advisory Committee advises Menashe (BC), and Kay Pulju (BL). the Board of Governors and Oregon State Bar staff on public service issues and priorities to assist the Bar in achieving its public outreach and education Quality of Life Committee goals. In general, the Public Service Advisory Committee seeks to act as a sounding board and The Quality of Life Committee held seven provide advice in two primary areas: public meetings during 2005. At the start of the year, the education regarding available legal resources and Committee’s goals were: the provision of legal services to the public. 1. Continue to work on outreach to members of In particular during 2005, the Public Service local Bar Associations Advisory Committee provided advice regarding and establish speaking opportunities via the the following topics, among others: Community Building Subcommittee; • Networking and training for the staff of RIS and other providers of legal services to the public; 2. Submit one article for publication in the Bulletin or other OSB • A statewide Jury Appreciation outreach effort, publication; including a legislative proclamation for Jury Appreciation Week in May; 3. Make presentations to Oregon law schools concerning financial • The Bar’s Tel-Law and Web-Law programs, planning and maintaining life balance; and including updating the programs’ scripts; 4. Update and maintain Quality of Life website. • Marketing of the Modest Means and Lawyer to Lawyer programs; Substantial progress was made in the following areas: • Development of topics and questions for a public survey on the legal system; A. The Community Building Subcommittee continued to work on initiating contact with • Program suggestions for the LegalLinks cable local Bar presidents using the mock script television series; completed early in 2005. After a list of • Encouraging Bar members to participate in established liaisons was created, follow-up public service and public education programs; projects were initiated and an e-mail letter was sent to Bar liaisons in October, reiterating the • Model retainer agreements for the Modest activities of the Quality of Life Committee. As Means Program; a result of the outreach activities, the • Distribution of the updated book Legal Issues Committee received two opportunities to make for Older Adults; presentations. • Feasibility of sponsoring a second Citizens B. The Articles Subcommittee successfully Justice Conference; completed the research, writing and publishing of an article about law firms selected as great Respectfully submitted: Steven Todd (CH), places to work and how those firms address Nichole DeGroodt (SEC), Don Hopkins, quality of life issues to keep their employees Robert Steringer, Katie Lane, Chuck Reynolds, satisfied. The article was published in the July

11 2005 Committee and Section Annual Reports

issue of the OSB Bar Bulletin and was positively member. Those confidential discussions cannot be received. revealed in this report. C. The Law School Presentation Subcommittee This past year, SLAC invited a member from continued to work on making presentations to the medical community to discuss how physicians law school students concerning quality of life are handled when a drug or alcohol problem arises issues. A presentation was made at Willamette and how a doctor or one in the medical University School of Law by a panel of speakers community makes such a referral. The primary including two members of the Committee and difference between the medical and legal an outside financial advisor. This Subcommittee communities is the lack of mandatory reporting. is now working on the creation of a PowerPoint Currently, attorneys are not required to report or presentation and a step-by-step “how to” binder refer a member of the bar who they feel may be for future presentations. Additionally, this having difficulties in their practice as a result of Subcommittee intends to expand the scope of impairment from the use of drugs or alcohol. future presentations and will work on SLAC discussed a proposal that would entail a new developing that scope during 2006. rule wherein the District Attorneys office in each D. The Quality of Life website was further updated county would be required to report or refer to to improve ease of access and direct links to SLAC a member of the bar who has been arrested other quality of life-related websites and to the for an alcohol/drug related offense or DUII. The article published by the Articles Subcommittee referral would be made to SLAC and SLAC would were added. take the normal steps to investigate the issue and to determine whether further action is needed. E. During 2005, the Committee hosted a guest SLAC feels as though many of the referrals speaker who spoke about quality of life issues received by the committee over the years involved resulting from marketing activities by lawyers. attorneys who were beyond help with their addictions. SLAC would like to become more Respectfully submitted: Thomas S Smith (CH), involved in assisting attorneys before it is too late, Tonya M Alexander (SEC), Timothy J Felling, not only for the attorney but for any client who Mary A Overgaard, Jerry B Hodson, Elizabeth A may be harmed by the lawyers impairment. This Semler, Herbert L Harry, Edward B Anderson, proposal is currently being discussed with District Patricia A Deem, Mary D McCourt (PM), Shari Attorneys Association. R Gregory (PLF), Michael P Long (PLF), Timothy C Gerking (BC), Stacy Hankin (BL). Respectfully submitted: Susan R. Gerber (CH), Calvin Souther (SEC), Richard L. Barton, Andrew T. Burns, Eveleen Henry, Lee C. State Lawyers Assistance Committee Nusich, Douglas S. Querin, Michael W. Seidel, During 2005, the committee received new Douglas D. Hagen, Michael C. Lewton, Robert referrals from judges, attorneys, and the Bar. Each M. Lusk, Stephen J. Williams, Shane Haydon referral was investigated in accordance with (PM), Donald Muccigrosso (PM), John A. procedural goals adopted by SLAC in 2001. The Enbom (BC), Meloney Crawford Chadwick committee continues to accept jurisdiction and to (PLF), Jonathan Benson (BL). monitor remedial programs for several attorneys. Other investigations resulted in the committee declining jurisdiction. Most of the business conducted by the committee involved confidential discussions surrounding cases assigned to each

12 2005 Committee and Section Annual Reports

Uniform Jury Instruction-Civil the influence, and several new crimes. In addition, the committee began a review of the entire book, Committee for the purpose of updating outdated material and This year the committee held a total of 11 finding errors in existing instructions; the meetings. All meetings were held at the Oregon committee completed reviews of several chapters State Bar offices in Lake Oswego. and intends to continue the review next year. Finally, the committee modified certain general The committee completed a multi-year project instructions to take into account ABA Principles to update and reorganize the Red Book so that the for Juries and Jury Trials. instructions and comments contained therein are legally and substantively up to date. As a part of Respectfully submitted: Jennifer S. Lloyd (CH), that review of the Red Book, the committee Guy B. Greco (SEC), Cheryl A. Albrecht, reviewed dozens of instructions for accuracy. The Rankin Johnson, Ethan D. Knight, David committee also continued the process of Angeli, Douglas R. Marteeny, Michael J. attempting to simplify language of the instructions Slauson, Steven Griffin, Lisa J. Ludwig, to make them more easily understood and readable Katherine Weber, Karla Nash, Ladd Wiles, Leah by jurors. Unfortunately, the committee was unable B. Cronn, Susan K. Hohbach, Douglas Minson to reach consensus relating to UCJI 46.08 (BC), Dean Land (BL). (Premises Liability-Invitee’s Duty) and the instruction was not revised although it will have a caveat discussing the diverging viewpoints. Unlawful Practice of Law Further, the committee decided to not make Committee wholesale changes to the punitive damages instructions as the law is rapidly evolving in that The Unlawful Practice of Law (UPL) area. Committee met each month, except November, The OSB publications staff has indicated that during 2005 to discuss UPL issues, present the the revisions will be published in late 2005. findings of Committee member investigations, and recommend action based on such findings. Respectfully Submitted: Jeffrey D. Capps (CH), 2005 was another very busy year for the Jennifer K. Oetter (SEC), Megan B. Annand, Committee. So busy, in fact, that the Committee Jan K. Kitchel, Christopher P. Koback, Jay W. requested and the Board of Governors approved an Beattie, Scott N. Hunt, Caroline R. Guest, increase in the Committee’s membership. In filling Christopher T. Hill, Michael H. McGean, vacancies on the UPL Committee, a critical factor Charles J. Merten, Damien J. Sinnott, William is geographic diversity. Many UPL complaints B. Stockton, David J. Elkanich, Kathleen come from areas of Oregon outside the Portland Hansa-Rastetter, Mark Comstock (BC), Linda metropolitan area, and the public is best served by Kruschke (BL). having Committee members from all corners of the state available investigate UPL complaints. Uniform Jury Instructions- Criminal As in years past, many UPL complaints referred to the Committee for investigation in 2005 Committee involved multijurisdictional practice by lawyers In 2005, the committee met monthly and licensed in other states, professionals in law-related added new instructions regarding traffic offenses fields, such as accounting, tax advice and financial (failure to carry, present license), boating under services, non-lawyer bankruptcy preparers, and debt collectors. In 2005, there also seemed to be a

13 2005 Committee and Section Annual Reports significant number of complaints regarding non- lawyers performing legal services for immigrant populations and independent paralegals performing a variety of legal services. As of the date of this report, approximately 60 new complaints have been referred to the Committee for investigation since the beginning of 2005. This is a decrease from the number of complaints which had been referred to the Committee as of this date last year. While this would seem to result in less work for the Committee in 2005 than in 2004, that did not seem to be the case. There were several cases under investigation from prior years which carried over into 2005, and the complexity of several of the cases, both new and old, required significant time commitments by Committee members.

Respectfully submitted: Daniel J. Drazan (CH), Bruce A. Bornholdt (CH-Elect), Noel Snyder (SEC), J. O’Shea Gumusoglu, Michelle Teed, Christine Coers-Mitchell, Jennifer P. Kimble, Robert P. Schulhof, Thomas C. Howser, Kathleen Johnson, Trent T. Whitford, Theresa L. Wright, Alan K. Brickley, Donn M. Bury, Ronald M. Somers, Gregory A. Sackos (PM), Gil Moss (PM), Dean D. Hollomon (PM), Frank H. Hilton (BC), Linn D. Davis (BL).

14 2005 Committee and Section Annual Reports

Sections

Administrative Law Section at-large members elected. There was a panel discussion CLE entitled "What Do You Have the Executive Committee 2006 as approved at Right to Know? Discovery Issues in Oregon the Annual Business Meeting, September 30, 2005: Administrative Law."

Chair: Ann Fisher Continuing Legal Education Past Chair: Lorey H. Freeman The Section sponsored three Continuing Legal Education seminars; there were presentations in Treasurer: Thomas Ewing both Salem and Portland of "Judicial Review Secretary: Janice Krem Under the APA-the Basics and Beyond"; in addition to the CLE at the Annual Business At Large: Philip Schradle; Michael Meeting. Lilly; Timothy Sullivan; Steve Rissberger; Sandra Budget Hansberger; Louis Savage; William Boyd; Thomas M. The section expects to close the year with a Cooney carry-over balance of $3858.

Proposals for Next Year Executive Committee The section intends to continue publication of The Executive Committee met five times newsletters and make improvements to its website. during the year at the offices of the Oregon State It also hopes to sponsor additional opportunities Bar and once in Salem following the Annual for section members to socialize. Business meeting. The committee adopted a Section Mission Statement and protocols for During the 2005 legislative session the selecting legislative concepts. Legislation and Rules Committee will be working on legislative proposals approved by the Executive Subcommittees Committee to present to the OSB Public Affairs Committee in April. The newsletter committee, chaired by Tim Sullivan, produced three outstanding newsletters. The section will continue its support for the The Administrative Law Section's Deskbook Campaign for Equal Justice with a $500.00 Supplement was completed and published in early contribution. 2005. Three legislative proposals were pre-session filed by the Judiciary Committee at the OSB Respectfully submitted: Lorey H. Freeman (CH), Annual meeting. One of those proposals were Ann Fisher (CH-Elect), Thomas Ewing (TR), enacted into law. Michael Campbell (SEC), Janice Krem, Philip Schradle, Mary Nester, Timothy Sullivan, Steve Annual Meeting Rissberger, Lou Savage, Sandra Hansberger, Jonathan P Hill (BC), Susan Grabe (BL). The annual meeting was held on September 30, 2005 at the Salem Convention Center. The treasurer's report was received and new officers and

15 2005 Committee and Section Annual Reports

Admiralty Law Section who tackle legal issues involving agricultural crops and livestock throughout Oregon. The Executive On Thursday, November 10, 2005, the section Committee held monthly telephone conferences held its annual meeting and CLE entitled rather than face to face meetings since these "Endangered Salmon and Steelhead" at the US attorneys are widely dispersed throughout the Bankcorp Tower. Section member John J. Breiling, metro and rural areas of the state. These from the Office of Counsel for the Corp of telephone conferences were well attended and Engineers presented the CLE and outlined the participants often shared weather and crop status framework of Maritime and traditional Admiralty reports from one end of the State to the other. Law changes from 1776 through 2004. He also discussed the 9th Circuit: Federal Columbia River 2005 Activities Power System Cases and other ESA Cases - 5 - 9th The Section hosted multiple guest speakers Circuit and 1 - 8th Circuit decision. The CLE was during its conference calls to give updates on approved for 1 MCLE credit. agricultural issues discussed and negotiated in the Respectfully submitted: Dennis R. VavRosky 2005 Oregon State Legislature. The guest (CH), Craig C. Murphy (CH-Elect), John J. speakers included: lobbyists from the Oregon Farm Breiling (TR), Ky Fullerton (SEC), Darien S. Bureau, Don Schellenberg, Katie Fast and Greg Loiselle, M. Christie Helmer, Nancy R. Addington; legislative committee chairs, Senator Walseth, Linda K. Eyerman (BC), Sarah Charlie Ringo, Representative Bill Garrard, and Hackbart (BL). Representative Patti Smith; and Oregon Department of Agriculture employees, Brent Searle and Jim Johnson. The Section paid particular Agricultural Law Section attention to Measure 37 negotiations, pesticide reporting, and renewable energy efforts. Section Information The Section was also able to secure additional funding and continue the efforts started in 2004 on Members: 120 its water law project. In 2004, the Section contracted with Weisha Mize to research, organize Annual Dues: $15.00 and make available Oregon Water Resources 2006 Executive Committee: Department decisions on a website maintained by the Office of Administrative Hearings for easy Chair: Joe Hobson access and research by the public. Chair Elect: David Smiley The Section jointly hosted a brown-bag CLE Past Chair: Jean Underhill Wilkinson entitled “Wolves in Oregon!” with the Treasurer: George L. Anderson Environmental and Natural Resources Law Secretary: Vacant Section. This CLE featured a panel of attorneys At Large: Steven Shropshire, David and stakeholders involved in Oregon's planning to Simon, Chuck Toole, Larry deal with the anticipated re-emergence of wolves Rew, Tim Bernasek, in Oregon. The topics included: the history of Elizabeth Howard, Jesse wolves in Oregon and their contribution to Lyon, Scott Warner wildlife diversity; Oregon's Wolf Conservation and Management Plan and the status of legislation The Agricultural Law Section of the Oregon associated with it; the federal court decision State Bar represents a diverse group of attorneys “uplisting” the gray wolf from threatened to

16 2005 Committee and Section Annual Reports endangered status and its impact on Oregon's • The Section instituted a new award for planning efforts; the range of impacts that wolves excellence in arbitration. This award honors may have on natural resources and associated Professor Carlton J. Snow a law professor at industries, including ranching; and other policy Willamette University College of Law for over and legal aspects of the “wolf question.” The 33 years. In his national work as an arbitrator speakers included Sharon Beck, a 4th generation he published over 3,000 opinions and was a cattle rancher from NE Oregon in the heart of the national leader in the arbitration community. Grande Ronde Valley; Brett Brownscombe, the The first Carlton J. Snow Excellence in Conservation Director for the Hells Canyon Arbitration award was made at our Section Preservation Council; Bill Cook, a Senior Annual Meeting to the family of Carlton J. Assistant Attorney General in the Natural Snow who died November 19, 2004. This Resources Section of the Oregon Department of award will be made annually, or as is Justice's General Counsel Division; Mark Henjum, appropriate, to an outstanding arbitrator. the State Wolf Program Coordinator for ODFW • The Section also, at its Annual Meeting, and lead author of the Oregon Wolf Conservation September 30, 2005, awarded the Sidney Lezak and Management Plan; and Elizabeth Howard, an Award for Excellence in ADR to Eugene associate attorney at the law firm of Churchill attorney, John Gartland. The Section did not Leonard Lodine & Hendrie, LLP in Salem. make an award this year for its Interdisciplinary Respectfully submitted: Jean Underhill Cooperation Award, the first recipient of which Wilkinson (CH), Joe Hobson (CH-Elect), Jesse was Shannon L. Stewart, now deceased, for her D. Lyon, (Past-CH), George L. Anderson (TR), fifteen years of dedicated and excellent service David Smiley (SEC), Steven Shropshire, David as the Mediation Coordinator for Small Claims Simon, Bob Butler, Chuck Toole, Larry Rew, and F.E.D. Mediation for Multnomah County. Steve Joseph, William Ganong, Carol Skerjanec • The Section published two newsletters this year (BC), Barbara Buehler (BL) with articles on Resolving School Board Conflicts, Using the Internet to Benefit Your Mediation Practice, The Uniform Mediation Alternative Dispute Resolution Act, and Court-Connected Mediator Section Qualifications Rules. • Our Annual Meeting and CLE were held on We began our year with an Executive September 30, 2005 in Lincoln City. Committee retreat on January 21, 2005. We made plans for the year that resulted in either the The CLE included sessions on ADR in the continuation or the initiation of the following Tribal Courts, The New OSB Ethics Rules, activities: Legislative Updates, Oregon's State and Local • A series of Brown Bag lunches on mediation Mediation Programs, and Arbitrators and the topics in Salem including such topics as Arbitration Process. Understanding Lying in Mediation, Dealing • Section officers met with Oregon Mediation with Difficult Behaviors in Mediation, and How Association officers during the year on joint to Determine What Cases Should Go to planning efforts for the OMA Annual Mediation. Conference on November 4 and 5, 2005. • Our Legislative Committee tracked legislation Section members Sue Leeson and Les Swanson of interest to the Section and reported to the presented a program at the OMA Conference Executive Committee on developments on How Values Cause Conflicts that Drive throughout the legislative session.

17 2005 Committee and Section Annual Reports

Change. Also, OMA representatives attended 2005 CLEs one of the Section's monthly meetings. The Executive Committee determined that it • The Section monitored developments wanted to continue to focus its efforts on offering concerning the Uniform Trial Court Rules as excellent and time CLEs. Specifically, the section they might affect mediators. had a three part series related to distribution issues. Each program is described below. • The Section continued its website on ADR activities. March 31, 2005 • The Executive Committee enjoyed its work on behalf of the Section during the year and is "Where is My Product Going?: Perspective on the working on ways in which to increase the legal issues that arise in distribution relationships, opportunity for Section members to participate including franchising, brand protection and antitrust on committees and in the important activities concerns." of the Section. Speaker: Mike Heilbronner, the principal of IdealLegal, P.C., a law firm located in Portland Respectfully submitted by Les Swanson, Chair of that provides expert brand and other intellectual the ADR Section Executive Committee for property advice that is business-focused, practical, 2005. and customized for each client. Mike spent the Respectfully submitted: Les Swanson (CH), previous decade handling intellectual property Alison S. Kelley (CH-Elect), Jane Gordon (Past issues for a number of Fortune 500 companies as CH), Stanley A. Sitnick (TR), Cynthia M. in-house counsel for Adidas, and as an associate Fraser (SEC), Jeffrey M. Batchelor, Kristena A. with the esteems intellectual property group of LaMar, Alan T. McCollom, Jim Melamed, Killpatrick Stockton, LLP. Suzanne Townsend, Julie Gentili Armbrust, June 2, 2005, Wells Fargo Tower Bradley L. Brown, Rebecca H. Hiers, Adrienne "The Accidental Franchise: Defranchise My C. Nelson, William J. Boyd, Bethany Evans, License, Please" Susan M. Leeson, Lauren J. Paulson (BC), Helen M. Hierschbiel (BL). Speaker: Gary S. Duvall, Partner at Dorsey & Whitney in Seattle. Gary is a nationally- recognized franchise expert. He has been selected Antitrust Trade Regulation Section by his peers for inclusion in “The Best Lawyers of America,” 1995-present. Introduction October Annual Meeting CLE: This is the annual report for the ANTITRUST, TRADE REGULATION & UNFAIR BUSINESS Keynote Speaker: PRACTICES SECTION, outlining our activities • William “Billy” Vigdor, of Vinson & Elkins LLP, over the last year, and plans for next year. Washington D.C., was formerly the Deputy Assistant Director in the Bureau of Membership Competition at the Federal Trade Commission. The membership of the section has remained Billy is the author of “Antitrust alerts”, stable in 2005. The Section hopes to offer greater available at www.velaw.com, has been published value and, in turn, expand membership. in several journals, and has spoken on antitrust law across the country.

18 2005 Committee and Section Annual Reports

• John McGrory, partner at Davis Wright due to being too busy. Our survey also revealed Tremaine LLP, has years of experience litigating that many people may not realize the Section has a in the antitrust and securities arena. website, which is accessible through the Oregon • Ann Spiegel, of the St. Louis, Missouri State Bar website www.osbar.org. Greensfelder, Hemker & Gale firm, was formerly in-house with Shell Oil. She now 2006 Planning litigates antitrust and trade regulation and In 2006 the Section hopes to continue to franchise matters. provide high quality, relevant CLEs to the section. • Andy Aubertine, founder of the Aubertine Law The Section hopes to have three CLES, with at Firm, specializes in antitrust and trade least one providing a Judge as a panelist to provide regulation litigation. He has drafted legislation the judicial perspective on the issue. The section amending provisions of the Oregon Antitrust hopes to continue to improve its access to Act and was an assistant attorney general for information, particularly to members outside the the Oregon Department of Justice. Portland area, who often cannot participate in our programs live. In addition, the section hopes to 2005 Activities generate two issues of a Section Newsletter. Update Section Website Respectfully submitted: Kristin L. Cleveland (CH), Tom Johnson (CH-Elect), Michelle Teed The section has made a dedicated effort to (Past CH), Scott Seidman (TR), Christina improve the section's website in order to make Beatty-Walters (SEC), Ken Davis, Richard material more readily available to section members Baum, James Denham, Mark Anderson, Sarah and others. In December, we hope to make access Adams Lien, David Silverman, Chin See Ming, to a digitized video of our annual meeting available Vincent Chiappeta, Andrew Abertine, David to section members over the website, who could Aman, Ben Fetherston, Chris Mullman (BL). not attend the meeting live. Results of our Section Survey. We conducted a survey of our membership and Appellate Practice Section recently tallied the results. We have found that we On November 11, 2005, the section held their are on our way to achieving this year's goal of annual meeting via broadcast e-mail vote: the diversifying our membership base beyond the large following executive committee members were Portland area firms. In fact, we are digitally taping elected for 2006: this meeting and CLE presentation so that it can Officers be viewed from the Section website. Survey respondents expressed interest in a newsletter and Chair Keith M. Garza presentation of materials specific to Oregon, which Chair-Elect Walter Ledesma are our goals for the upcoming year. By and large, Treasurer Thomas W. Sondag respondents ranked the Sections CLE Secretary Scott Shorr presentations as “very good” and chose topics for Past Chair Robert K. Udziela upcoming CLE's to address specifics of unfair New Members-at-Large - Terms Ending 12/31/07 business practices, antitrust intellectual property Mary M. Reese issues and antitrust healthcare related issues. Charles F. Adams Although a number of members mentioned that Meagan A. Flynn the locations of the CLE's were not convenient to Judith Giers them, more often than not, inability to attend was Marc D. Brown

19 2005 Committee and Section Annual Reports

Existing Members-at-Large - Terms Ending presented an aviation law course at the Law 12/31/06 School in the 2005 Spring semester. The Law School scheduled to course again for Jeffrey C. Dobbins Spring 2006. Lisa E. Lear Wendy M. Margolis • Held a noon CLE with the director of the Oregon Department of Aviation. The Appellate Practice Section also launched a new publication -- The Oregon Appellate • Held a fall Hangar party at Tim Miller's Almanac. The section's Executive Committee will hangar, with airplane rides for all. publish the Almanac annually and distribute it to The Section continues to be interactive with all members as one of the benefits of section the Lawyer Pilot Bar Association, a national membership. Guided by the words of the founder association of lawyers specializing in Aviation Law of the Farmer's Almanac, Robert B. Thomas, “Our and related fields. main endeavor is to be useful, but with a pleasant degree of humor.” Our Almanac will aim to Respectfully Submitted: Patrick Kurkoski (CH), inform and delight by presenting a broad variety of Philip Rush (CH-Elect), Steven Myers (Past topics of interest to the appellate bar. CH), John Barker (TR), Stuart Smith (TR), Charles Sams, Donald Bowerman, Thomas Respectfully Submitted: Robert K. Udziela (CH), Flaherty, Jonathan Hoffman, John Hutchison, Keith M. Garza (CH-Elect), Jacqueline L. Koch Timothy Miller, David Sweeney, Christine (Past CH), Scott Shorr (TR), Walter J. Tracey, Richard Vial, Lance Caldwell, Robert Ledesma (SEC), Bruce L. Campbell, Maureen Hopkins, Barbara Jacobson, Martin Schedler Leonard, Thomas W. Sondag, Marjorie A. (ADV), Sarah Hackbart (BL). Speirs, Jeffrey C. Dobbins, Lisa E. Lear, Wendy M. Margolis, Frank H. Hilton (BC), Kay Pulju (BL). Business Law Section

1. Section goals and objectives for the period Aviation Law Section ending December 31, 2006. The Aviation Law Section meets at noon on • Continue to enhance and expand Business the last Tuesday of each month at the Oswego Section website. Lake Country Club. The Section discusses issues • Promote alignment of Oregon Securities Act germane to aviation law specifically and the with the Uniform Securities Act, in practice of law generally. The Section co-sponsors conjunction with the Securities Law Section the annual Pacific Northwest Aviation Law and the Public Affairs Committee. Conference with the Seattle-King County Bar Association - Aviation Section. • Produce and deliver continuing legal education programs to section members and Specific Activities Occurring in 2005: the bar on relevant and timely business-law related topics. • Held its annual meeting at Oswego Lake Country Club. • Continue outreach to non-Portland section members with localized meetings, events and • Presented Phil Rush with the Jim Barron mixers. Award. • Inform members of events, trends and • Section members, led by Phil Rush,

20 2005 Committee and Section Annual Reports

developments in business law and section Respectfully Submitted: Timothy J. O'Hanlon, matter via website, newsletter (Oregon (CH), Andrew Morrow, CH-Elect), Brentley Business Lawyer, published 2-4 times per Bullock (Past CH), Jason Brauser (TR), Brenda year), listserv and blast e-mail messages. Meltebeke (SEC), Jason Anderson, Vicki • Review the Business Corporation Act and Ballou, Sally Anderson-Hansell, Neil Cole, with the assistance of the Public Affairs Claire Philpott, Patricia Chapman, Michelle Committee make recommendations Druce, Andrew Ognall, Gerry Gaydos (BC), regarding changes. Michelle Peterson (BL). 2. Committees • Legislative: Andrew Morrow Business Litigation Section • Newsletter (Business Lawyer): Andrew During 2005 the Business Litigation Section Ognall continued its CLE programs and presented five CLEs. All CLEs were held in Portland at the • Continuing Legal Education and Annual Governor Hotel. These were: Meeting: to be determined February 9, 2005: Protective Orders - How to Get • Corporate Finance/M&A: Paul Them and Recent Changes in State and Federal Migchelbrink Court —Speakers: Honorable Dale Koch, • Financial Institutions: Claire Philpott Presiding Judge Multnomah County Circuit • Business Practice Tools: Melissa A. Boge Court, Theresa Bottomly, Managing Editor of the News Department of The Oregonian And • Regional Outreach: to be determined Jeffrey S. Love, Chair OSB Federal Practice and 3. Legislative Contact Procedure Committee Andrew Morrow April 13, 2005: FROM AMFAC TO PAMCORP (With Not Much in Between): Law and lessons 4. Committee meetings schedule through from the PamCorp piercing litigation —Speakers: December 15, 2006 Jeffrey M. Batchelor and Joseph C. Arellano Unless otherwise noted, all meetings will be June 8, 2005: A THORN IN THE ROSE held in Portland. GARDEN - The Oregon Arena Corporation 1) December 16, 2005 (Tonkon Torp) Trial: A "Classic" Confrontation with Expert 2) January 20, 2006 (Foster Pepper) Evidence —Speakers: Richard J. Stone 3) February 17, 2006 September 14, 2005: PLAINTIFFS, 4) March 17, 2006 PARISHIONERS, AND THE CHURCH: The 5) April 21, 2006 Archdiocese in Bankruptcy —Speakers: David L. 6) May 19, 2006 Slader, Albert N. Kennedy, and Steven M. Hedber 7) June 16, 2006 8) July 21, 2006 November 9, 2005: THE INTERSECTION OF 9) August 18, 2006 ELECTRONIC DISCOVERY AND ETHICS —Speakers: Peter R. Jarvis, Hinshaw & 10) September 15, 2006 Culbertson LLP, and Barbara A. Frederiksen, 11) October 20, 2006 Senior Managing Consultant, Johnson-Laird, 12) November 17, 2006 Inc. 13) December 15, 2006

21 2005 Committee and Section Annual Reports

A new slate of officers has been elected Respectfully submitted: Edward Johnson (CH), effective January 1, 2006. The Board will meet in Dennis Steinman (CH-Elect), John Kreutzer January 2006 for the annual planning session. (TR), Katelyn Oldham, John Geil, David Park, Topics for this meeting will include: Michael Dale, Barbara Diamond, Seth Karpinski, Richard Liebman, Marva Fabien 1. CLE planning for 2006. In particular, (BC), Paul Nickell (BL). attendance seems to have leveled off, so ways to increase attendance will be discussed. 2. Reviewing website capabilities and Computer and Internet Law Section opportunities through the Oregon State Bar. The Computer and Internet Law Section 3. Discussing potential for CLE programs (CILS) strives to further the continuing education outside of Portland. and enhance the effectiveness of attorneys who 4. Discussing long range budgeting in the event practice in fields including computer and internet CLE attendance does not increase. related issues. At its January 2005 kick-off meeting the Executive Committee of the CILS agreed to The Business Litigation Section does not at this concentrate its efforts on improving upon the time anticipate proposing any new legislation. already high quality CLE programs presented to Respectfully submitted: Julie Vacura (CH), the Section and to providing additional value- Christopher Carson (CH-Elect), Steve Larson added practice aids through the development of a (Past CH), Bruce Cahn (TR), Jonathan CILS web site. This report provides details of the Radmacher (SEC), Keith Dubanevich, Joseph Section's accomplishments toward those ends. Arellano, Mary Ellen Farr, Roxanne Farra, Lynn Stafford, Paul Conable, Julie Haddon, John Membership and Finance McGrory, Dennis Rawlinson (BC), Teresa Although there has been some reduction in our Wenzel (BL). Section's membership, at 276 members the CILS remains healthy and participation and interest in our CLE programs continues to run strong. Our Civil Rights Section revenues remain stable, and the Section is fiscally solid at year-end with a healthy fund balance to In 2005, the OSB Civil Rights Section carry us into 2006. accomplished the following: hosted two successful CLEs - one a full day program on Section 1983 Luncheon CLE's litigation in Oregon, the other an evening program discussion Oregon's Death With Dignity Act During 2005, our members received a steady currently pending before the Supreme Court of the monthly diet of informative and compelling United States; produced three newsletters (the luncheon CLE programs. We plan to continue fourth will be published in December); donated presenting a strong luncheon CLE program in $500 to the Campaign for Equal Justice. For 2006, 2006, with continued emphasis on practical skills- the section plans to continue it's tradition of related programs. publishing the newsletter, hosting one or two CLE programs, contributing to the Campaign for Equal Legislative Subcommittee Justice, and monitoring legislation that affects civil The legislative subcommittee, ably led by Prof. rights. Lydia Loren, has made concerted efforts to make

22 2005 Committee and Section Annual Reports

Oregon legislators aware of the section's presence Section member to contact anyone on the and its utility in regards to computer and internet- Executive Committee for information on how to related legislation. During 2006, the subcommittee more actively participate. A list of the Executive will continue to work to identify and comment Committee contacts may be found on our web site upon legislation of interest to the section. at www.osbcils.org. In closing, it has been a busy and rewarding Annual CILS CLE Programs time for me as Chair of the Section. I was given a In October, the Section co-sponsored with the unique opportunity to work with an extremely Bar a full-day CLE program entitled “Licensing talented and energetic group on this year's Content and Technology: Tips, Traps and Executive Committee. I want to thank all of them Strategies.” This well-attended and well-received and you, our members, for your combined support program featured uniformly excellent speakers and and hard work. Together we have once again content, and generated positive feedback from the delivered on a commitment for increasing value attendees. and promoting excellence.

CILS Web Site Respectfully Submitted: Timothy Siegel (CH), Martin Medeiros (CH-Elect), Marc Visnick Recognizing the rapid pace of the evolving body (Past CH), Renee Rothauge (TR), Thomas of computer and internet law, this year the Bahrman (SEC), Charles Bowers, Jacob Carroll, Executive Committee is focusing on developing a Kohel Haver, Nicholas Herriges, Michael web site to serve as an invaluable resource tool and Cohen, Anthony Davis, Anne Koch, Heather practice aid for CILS members. Unfortunately, the Self, John Stevason, Robert Swider, Lydia development of the website ran into some Loren, Jonathan Hill (BC), David Johnson BL) unanticipated delays this year. It should be available fairly early in 2006. Constitutional Law Section CILS Annual Meeting The Constitutional Law Section was formed to The Section's annual meeting on September promote understanding and appreciation for the 21st at Pazzo restaurant was well attended and fundamental importance of constitutional law, provided a low-key and relaxing environment for both state and federal. members to meet with the Executive Committee and network with colleagues. CLE: On November 4, 2005, the Section sponsored a full-day CLE program at the Embassy The Future Suites in Portland. The program featured national and Oregon speakers, including Professors Jesse Every year the Executive Committee is faced Choper and Mark Tushnet. The professors shared with the challenge of increasing the value of their perspectives on the legacy of the Rehnquist Section membership for all of our members. The Court, and on what the future may hold with the best means for us to meet that challenge is to Roberts Court. Professor Tushnet also provided a ensure that the energy and engagement of our “wrap-up” of the last term and a preview of the membership remains at a high level. Your active 2005 October Team. Another panel discussed the participation in the Section and its activities will recent United States Supreme Court argument in continue to provide us with the feedback, support Gonzales v. Oregon, related to Oregon's Death with and direction we need to provide only the highest Dignity Act. Robert Atkinson of the Oregon quality programs and services. I encourage each Department of Justice, who argued the case for

23 2005 Committee and Section Annual Reports

Oregon, provided his perspectives and insights Construction Law Section from that experience. Donald Daugherty of Wisconsin, who briefed the case on the opposing CLE Programs side for amicus federal legislators provided his perspectives and a counterpoint. Finally, a panel— On September 15, 2005, the section sponsored consisting of the Honorable David Schuman, a CLE titled “Practice Tips for Construction Charles Fletcher, Charlie Hinkle, and Erin Industry Outside Counsel”. The CLE was held at Lagesen—discussed developments in state the Pazzo Ristorante and included their Annual constitutional law. This CLE was well attended Meeting. and well regarded. On November 4, 2005, the section co- Weblog (“blog”): Following discussions last year, sponsored a CLE titled “Crossing the River: we launched the first blog of any section of the Washington & Oregon Construction Law.” It was Oregon State Bar. The blog is up-and-running and held at the Clark County Bar Assocation. is frequently updated, thanks primarily to the diligence of Erin Lagesen. The blog provides In 2005 the Section published two Newsletters current information about developments in The April 2005 newsletter included the Oregon and federal constitutional law, along with following articles: commentary on such developments. The objectives of this project are to provide a venue to discuss • Suggestions for Multnomah County timely issues of constitutional law, to inform the Construction Litigation Procedures. Section, the Bar, and the public about issues and • Revisions to the AIA A201 - General developments in this field, and to do so in a way Conditions? that is interesting and, hopefully, entertaining. • What is the Statute of Limitations for Newsletter: The Section published a newsletter Construction Claims? this year. The Section is grateful to the Honorable Jack Landau, and to executive committee members • Oregon's Lane Use Revolt Michael Simon and Les Swanson, for their • Are you Medadata Savvy? contributions. The November 2005 newsletter included the Finances: At this writing, the Section remains following articles: fiscally sound. We await the final accounting as to • 2005 Legislative Update our Fall CLE. • 2005 Case Law Update Respectfully submitted: David Leith (CH), James Westwood (CH-Elect), Michael Simon (Past Respectfully submitted: Janelle C. Chorzempa CH), Katherine Georges (TR), Charles Hinkle (CH), Jack Levy, (CH-Elect), Roger A. (SEC), Erin Lagesen, Chin See Ming, Les Lenneberg, (Past-CH), Alan L. Mitchell (TR), Swanson, John (Toby) Graff, David Schuman, Dana A. Anderson (SEC), Nancy K. Cary, Paula Abrams, Henry Lazenby, Margarita Angela Otto, Jason W. Alexander, D. Gary Molina, Ruth Spetter, Edward Trompke, Christensen, Darien S. Loiselle, James H. Van Timothy Gerking (BC), Diane Campbell (BL). Dyke, Frank H. Hilton (BC), Beth Richley, (BL).

24 2005 Committee and Section Annual Reports

Consumer Law Section 5. Continuing Legal Education The section presented two CLEs. The first was a 1. Formation day long CLE on identity theft, which was held on The Board of Governors approved the August 5, 2005. The second was a one-hour CLE formation of the Consumer Law Section in on the ethics of taping phone conversations, which October 1995. was held on December 1, 2005. 2. Finances 6. Newsletter The Section currently has 153 members. The The Section has published three issues of our annual Section dues are $15. The estimated end of newsletter in 2005, and has a third issue pending. year account balance for the Section is $10,653. The position of Newsletter Editor has been ably 3. Executive Committee filled by Amber Anderson who is supported by a standing committee. The Section receives printing The Executive Committee has met on a regular and mailing assistance from the Oregon monthly basis since the formation of the Section. Department of Justice Financial Fraud / Consumer Executive Committee meetings are generally held Protection Section. from noon to 1:00 pm on the third Wednesday of each month at the Lewis & Clark Legal Clinic, 7. Legislation 310 SW 4th Avenue, Suite 1018, Portland, The Section successfully advocated for SB273 Oregon. Telephone: (503) 768-6500. relating to increases of the homestead and As of January 1, 2006, the Executive automobile exemptions. Committee will be: Respectfully submitted: Justin Baxter (CH), Chair: Hope Del Carlo Hope Del Carlo (CH-Elect), Truman Stone Chair-Elect: Pamela Yee (Past CH), Pamela Yee (SEC/TR), Lara Imm. Past Chair: Justin Baxter Gardner, Bret Knewtson, Tim Quenelle, Ronald Secretary: Lara Gardner Rubino, Richard Slottee, Margaretta Eakin, Treasurer: Bret Knewtson Greta Gibbs, Moloy Good, Terrance Slominski, Members-At-Large: Truman Stone Mark Comstock (BC), David Nebel (BL). Margaretta Eakin Moloy Good Tim Quenelle Corporate Counsel Section Ronald Rubino Terrance Slominski The Executive Committee met regularly during Richard Slottee the year to discuss, plan and coordinate the Greta Gibb activities of this 400-member section. Activities Eva Novick included maintenance and further expansion of Phil Goldsmith the section's website, publication of an online Robert Sola newsletter, two breakfast roundtables, a lawyer-to- lawyer networking luncheon and presentation of 4. Committees three CLE programs. The Section currently has a four standing In March a Legislative Update roundtable was Committees: CLE, Legislative, Newsletter/Website, held at the OSB offices in Lake Oswego, attended Public Outreach, and Social. Each of these meet by a number of section members as well as state periodically as needed. lobbyists and legislators. In May, the section presented an ethics CLE focused on potential

25 2005 Committee and Section Annual Reports conflict inherent in Sarbanes-Oxley requirements. educate the members of the Section on current In June we hosted the lawyer-to-lawyer, no agenda, issues in the field. The Section has more than 600 networking luncheon. The Section's Fall CLE members, including prosecutors, defense attorneys, exploring intangible asset exploitation was held in and judges. The Executive Committee is made up September at the World Forestry Center. October's of twelve members, always consisting of six from roundtable involved an intriguing discussion of the prosecution side and six from the defense Oregon lawyers whose careers have evolved to practice. include literary endeavors. The annual meeting Ken Bauman has been the Treasurer of the and election of section Executive Committee Section for several years and is principally members and officers for the coming year was held responsible for the financial success of the Section. on November 15. The final section activity for Unfortunately, he is stepping down at the end of 2005 will be a CLE to be held on December 7, this year, but he is leaving the Section in a very 2005 and will focus on Elimination of Bias, and secure position, well able to continue its work. Mandatory Child Abuse Reporting. In April, 2005, the Section held its 18th Annual The section's finances are solid and it was Contemporary Issues in Criminal Justice, a CLE determined that there was no immediate need for a session centering on breaking issues in criminal dues increase. law. It was held in the new Federal Courthouse in Future section activities are expected to include downtown Portland and was well attended. The monthly Executive Committee meetings, generally section continues to circulate a newsletter and has on the first Wednesday of each month except July a website. Members can also receive the latest state and August, two to three roundtable discussions and federal appellate decisions through a list and two to three CLE presentations on topics of service. interest to members of the section. The section Two members of the Executive Committee plans to continue publication of its online serve on the Criminal Justice Advisory Committee newsletter and to expand and enhance its website. (CJAC), chaired by Chief Justice Carson. The To participate in section activities or to become Section followed legislation affecting criminal law involved in section administration, please feel free practice during the last legislative session. to contact any member of the Executive The Executive Committee has a tradition of Committee. meeting at least once a year outside the Portland Respectfully submitted: Kathleen Barsocchini area to accommodate those members who travel (CH), John LaVeille (CH-Elect), Philip S. monthly to the Bar office from the far-flung Harris (Past CH), Brian Thompson (TR), corners of Oregon. In July, the Committee met on Andrea L. Bushnell (SEC), Joel L. Augee, Marc the central coast at Newport. Bocci, Joseph A. Brislin, Jeff Erb, Dan Field, Respectively submitted: Daniel Ousley (CH), David Meisels, Hollis McMilan, Donovan Snyder, Tom Wettlaufer, Mathew Wilson, Rebecca Duncan (CH-Elect), Lindsay R. Victoria Baum, Richard Yugler (BC), Lorraine Partridge (Past CH), Kenneth C. Bauman Jacobs (BL). (TR), Janelle Factora Wipper (SEC), Bradley C. Berry, Peter L. Deuel, Joseph A. O'Leary, Gregory B. Scholl, Tahra Sinks, Marc Sussman, Criminal Law Section Timothy A. Sylwester, Douglas L. Minson (BC), Kateri Walsh (BL). The Criminal Law Section was created to provide a forum for discussion of issues affecting practitioners in the criminal justice system and to

26 2005 Committee and Section Annual Reports

Debtor-Creditor Section The Spring 2005 included the following articles: • Some Bankruptcy Amendments Are CLE Programs Effective Now! On January 13, 2005, the Young Lawyers' • Creditors' Counsel Can't Ignore the Committee of the Debtor-Creditor section Bankruptcy Bill presented a panel discussion with the Judges from Eugene and Portland • Capped Claims and Letters of Credit On February 16, 2005, the Young Lawyers' The Fall 2005 included the following articles: Committee hosted a panel discussion regarding §707(b) substantial abuse with Gail Geiger, in • What Bankruptcy Attorneys Need to Know Eugene and Vivienne Popperl in Portland. About the New Bankruptcy Rules and Forms. On March 23, 2005, the Young Lawyers' Committee hosted a panel discussion regarding • New Obligations of Debtor's Counsel. general Chapter 13 bankruptcy issues. • A Few Practical Considerations for Creditors On April 15 and 16, 2005, the section co- Under BAPCPA sponsored a CLE titled “Northwest Bankruptcy Institute” with the Oregon State Bar. Respectfully submitted: Peter McKittrick (CH), Thomas W. Stilley (CH-Elect), Carolyn G. On May 20, 2006, the Young Lawyers' Wade (Past CH), Stephen T. Tweet (TR), Committee hosted an after work social for section Teresa H. Pearson (SEC), Ronald C. Becker, members at the 21st Avenue Bar & Grill. Susan T. Egnor, David A. Foraker, Christopher On October 7 & 8 2005, the section co- D. Hatfield, Thomas M. Renn, George sponsored a CLE titled “Bankruptcy 2005: State Hoselton, Miles D. Monson, Elizabeth L. Perris, and National Legislative Changes for Northwest Douglas R. Schultz, Richard J. Parker, Mark B. Practitioners” with the Oregon State Bar. Comstock (BC), George A. Riemer (BL). On December 7, 2005, the Young Lawyers' Committee hosted a presentation by Judge Perris Disability Law Section and Geil Geiger on the nuts and bolts of the means test analysis. The Disability Law Section Executive Committee meets monthly (with the exception of In 2005 the Section published three Newsletters one summer month and one winter month). The Winter 2005 included the following Working under the Executive Committee, the articles: Section's standing subcommittees help the Section serve to advance and enhance the administration • New Legislation Creaes Notice of justice and the legal system by disability law Requirements (and Traps!) in Construction attorneys in Oregon. These are: *Publications Defect Cases. *CLE Committee *Public Policy *Disability • Chapter 7 Debtor Converts Collateral Post- Survey, Judicial Systems. Discharge - What Can the Secured Creditor In February 2005, the Section sponsored a well Do? received half day CLE with a panel of five expert • The Home Equity Conversion Mortgage - A attorneys discussing the statutory changes to the Tool for Debtor-Creditor Attorneys. Individuals with Disabilities Education Act. A

27 2005 Committee and Section Annual Reports follow-up CLE on IDEA/IDEIA regulatory changes Diversity Section is planned for February or early March 2006. This Section has 235 members. The activities The Section co-sponsored with the Oregon of the Section during 2005 included the following: Social Security Claimants Representative (OSSCR) group, a 2 hour lunch time CLE in Executive Committee Meetings November on the Medicare Modernization Act, Part D with a panel of three experts which was also The executive committee met eight times in well-attended and received. Further such, low- 2005 at the offices of Bullivant Houser Bailey in cost, lunch-time seminars on other topics of downtown Portland. A retreat was held at interest to disability law practitioners are planned McMenamin's Kennedy School in northeast for late spring. Portland. The Section's Annual Meeting was held at the Bullivant offices on October 12th. The Public Policy & Disability Survey subcommittees helped host a focus group for the Bench/Bar Courthouse Access Task Force, and Best Practices Committee (Todd Hanchet, continues to assist with the Task Force's efforts. Chair/David Simon) The Publications subcommittee has opted to The Best Practice Committee is in the process develop to a web based format, but additionally to of gathering information from the law firms who restart print newsletters for 2006. The web site is participated in the Convocation on Equality 2001. open and under development. Announcements The committee has asked for the status of the "best have begun to be posted. (Including a practices” (as recommended by the Convocation) congratulations to multiple term Section Treasurer, implemented by the firms in order to determine Alice Plymell who was selected for the 2005 how the section can best support the firms' goals of Meritorious Service Award by the University of recruiting, maintaining and increasing diverse Oregon Law School - given each year to recipients attorneys. who have made extraordinary contributions to legal education and the law.) Education Committee (Alice Bartelt, Chair) Section polls will be posted on the website, as The Education Committee, created a survey to well as inquiries for input on Section policy poll members of the Oregon State Bar who comments. E-mail reminders regarding web site attended an Elimination of Bias CLE . The updates will be sent to the Section membership. purpose of the poll is to determine if interest is Past print newsletters have been archived there, higher for substantive law or for cultural issues. along with current contact information for the The survey might also be used to give Executive Committee members. The web address recommendations for highly rated CLEs/speakers is: http://osbdisabilitylaw.homestead.com/ (or link to aid other sections or organizations who plan to via the 'sections' information on the www.osbar.org present an Elimination of Bias CLE. website). Networking/Career Development Committee (Diane Respectfully submitted: Theodore E. Wenk, Schwartz, past Chair) (CH), Alice M. Plymell (TR), Suzy Harris The Networking Committee planned two (SEC), Robert C. Joondeph, Linda Ziskin, events in 2005 on February 23rd and May 23rd. The Margaret J. Nightingale, Neisha Saxena, John purpose of these events was to introduce diverse A. Enbom (BC), Rod Wegener (BL). attorneys to other professionals in order to meet and develop business relationships.

28 2005 Committee and Section Annual Reports

Elder Law Section Barkley. The new chair of the subcommittee is Prof. Leslie Harris. Membership in the Elder Law Section continues 3. Agency and Professional Relations. The to increase. There were 562 members as of Agency and Professional Relations November 30, 2005. subcommittee continued to meet with 2005 Officers: Mark Williams, Chair; Kristianne officials from Department of Human Services Cox, Treasurer; Steven A. Heinrich, Secretary, to discuss pending rule changes and current Jane Patterson, Chair-elect and Wesley D. issues, and to advocate for continued funding Fitzwater, Past Chair. and services for medical and long-term care 2005 Members at Large: Susan Ford Burns, for seniors and the disabled. Hon. Claudia M. Burton, Penny L. Davis, Sam 4. Computer and Technology. The Elder Law Friedenberg, Ryan Gibb, Brian Haggerty, Leslie Section's is very active and has become one Kay, Alexis Packer, Sylvia Sycamore and Gary L. of the most significant resources for elder law Vigna, and John A. Enbom. attorneys around the state. Multiple topics are posted and discussed daily. The section 2005 Section Subcommittee Activities: also maintains a website. 1. Continuing Legal Education. The Section's 5. Pro Bono. The subcommittee has not had annual CLE program was held at the Oregon any significant activity in 2005. Convention Center on October 7, 2005. The 6. Legislative. The subcommittee promoted program entitled “Tools of the Trade for the several successful bills in the 2005 legislative Elder Law Practitioner” was highly rated by session. registrants. Attendance was slightly down. In keeping with the alternating cycle, the 2006 Section Activities: program was geared toward basic elder law issues. Topics included administration of Oregon's revenue shortfall continues to play a revocable living trusts, basic Medicaid, estate major role in Section activities for 2006. The recovery and end-of-life decision-making. Agency and Professional Relations subcommittee will meet with the Department of Human In May, the section held its third UnCLE in Resources and advise the Section on upcoming Eugene. Based upon a format taken from the changes and issues. The Legislative subcommittee National Academy of Elder Law Attorneys, is working on proposed legislation for the 2007 the UnCLE provides a relaxed and legislative session. The newsletter will continue to unstructured shared discussion format of be distributed in electronic format, and along with current substantive and practice topics. the Section , the Section provides invaluable Reviews of the program were very positive, sharing of information to its members. with participants urging repetition of the format for the substantive and networking The section's annual CLE is scheduled for benefits. October 6, 2006. The unCLE will be held on May 5, 2006 in Eugene. 2. Newsletter. The newsletter began being electronically distributed during 2005 for Respectfully Submitted: Mark Williams (CH), cost-saving purposes. The newsletter Jane Patterson (CH-Elect), Wesley D. Fitzwater continues to provide valuable and up-to-date (Past CH), Kristianne M. Cox (TR), Steven A. articles and information for elder law Heinrich (SEC), Penny L. Davis, Ryan E. Gibb, attorneys. There is a paid editor, Carole Claudia M. Burton, Brian Haggerty, Alexis

29 2005 Committee and Section Annual Reports

Packer, Sylvia Sycamore, Gary L. Vigna, Susan Logan, Melinda J. Davison, Stephen C. Hall, F. Burns, Sam Friedenberg, Leslie Kay, John A. Christina M. Smith, Phyllis J. Edmundson Enbom (BC), David W. Nebel (BL). (BC), Cheryl L. McCord (BL).

Energy, Telecommunications & Environmental & Natural Resources Utility Law Section

In 2005 the section had 461 members. The 2005 Activities Executive Committee held the sections annual On April 15, 2005, the section hosted a CLE meeting November 16, 2005 at the offices of Lane titled “Third Annual Developing Markets in the Powell, 601 SW 2nd Avenue, Suite 2100, Portland, West teleconference hosted by Restructuring Oregon 97204. The section distributed several Today.” The CLE occurred at the offices of Perkins legislative alerts as broadcast e-mails and created a Coie in Portland Oregon. This years speaker was full section list serve. Yakout Mansour, Nora Brownell, Peter Weigand, 1. CLE Programs Jackson Mueller and Bob Dickerman. January 12, 2005 Brown-Bag CLE titled On September 28, 2005, the section hosed a “Oregon Supreme Court's Decision in CLE titled “Energy Policy Act of 2005”, at the Norden v. Water Resources Dept.” at Lane Sweetbrier Inn and Suites. Powell Spears Lubersky LLP. • The Public Utility Holding Company Act Reform was addressed by panel members: May 25, 2005 Brown-Bag CLE titled Steven McCarrel, J. Dudley and Mike “Mixing Zones - Does Oregon Need Them Morgan. or Not?” at the ODS Tower. • The Transmission Reform was addressed by September 21, 2005 CLE titled “Wolves in Michael Early. Oregon” at the ODS Tower. • The PURPA Reform and the Implications for independent Power Producers was 2. In 2005 the Section published two Outlook addressed by Ken Kaufmann. Newsletters The Spring newsletter contained the following Activities Planned for 2006 articles: West of the Beach : Oregon's Other Future plans for the upcoming year include: Natural Resources; Floodplain Protection and • Updating the Section's web site. NFIP: Preparing for a Programmatic Shift; Political Pressure and Public Policy in the Siskiyous; Steens • Coordinating additional CLE events focusing Mountain: Threatening to use the Antiquities Act on current events in the energy and to Force Lane Protection; An Endangered Species telecommunications industries Act Concept Returns From the Brink of Extinction: Nurturing the Adverse Modification Respectfully submitted: Edward A. Finklea, Standard. (CH), Susan Ackerman (CH-Elect), Jonathan M. Norling (Past CH), Ann L. Fisher (TR), The Fall newsletter contained the following Lawrence H. Reichman (SEC), J. Jeffrey articles: Why sustainability matters to lawyers; Dudley, James Richard George, Kathryn A. Meshing Law Practice and Sustainability; The City of Portland: Legal and Sustainability Project;

30 2005 Committee and Section Annual Reports

Common Ground in Energy Policy: Energy Who Wants to be a Realtor?; What's New; Conservation and Renewable Energy Programs in Practice Tip: Draft Estate Documents to Allow for Oregon; Wolves in Oregon. Gifts from an Incapacitated Donor; Legislative Watch. Respectfully submitted: Kirsten T. Bonanno (CH), Donald H. Pyle (CH-Elect), Steven L. July 2005 issue included the following articles: Shropshire (Past CH), Renee Moulun (TR), Legislation Report - as of July 1, 2005; Hendrickson's Estate v. Warburton William Sherlock (SEC), Marjorie C. Lifsey, is Not the Only Diane Henkels, James J. Adams, Leslie A. Law That Governs Representative Actions, and Its Hendrickson's Estate v. Carlough, Kenneth P. Dobson, James D. Holdings is Qualified; Warburton Williams, Anita MA Winkler, David Ashton, Continues to be “Good Law”; What's Reynolds v. Schrock Peggy Hennessy, Carol D. Skerjanec (BC), New: . Scott Morrill (BL. Respectfully submitted: Christopher P. Cline (CH), James R. Cartwright (CH-Elect), Richard A. Pagnano (Past CH), Timothy J. Wachter (TR), Estate Planning and Administration Jonathan A. Levy (SEC), Penny H. Serrurier, Section Karen C. Allan, David E. Paulson, Thomas J. Sayeg, Anne M. Thompson, William D. Brewer, In 2005 the section had 1,054 members. The Susan N. Gary, Donna R. Meyer, Michael R. Executive Committee held the sections annual Sandoval, Kenneth Sherman, Eric H. Vetterlein, meeting November 4, 2005 at the Oregon Theresa M. Wade, Bette Worcester (BC), Jill Convention Center. Mallery (BL). The primary activities of the Estate Planning & Admin. Section in 2005 were: Family Law Section 1. CLE Programs June 10, 2005: Cosponsored with the Oregon The Family Law Section continues to be active State Bar, “Hot Topics in Estate Planning” at the and successful. The Section successfully conducted Double Tree Hotel Lloyd Center. This CLE its annual three day collegial Annual Meeting and provided 6.25 General CLE credits. CLE Conference at Salishan by presenting 11 hours of high quality CLE to nearly 400 November 4, 2005: Cosponsored with the participants. The Section List serve is increasingly Oregon State Bar, “Administering Trusts in active The Family Law Forum, the section Oregon”, at the Oregon Convention Center. This Website, and the section Newsletter continue to CLE provided 5.75 General CLE credits and 1.5 be useful practice aids to section members. A new Ethics credits. section newsletter editor was appointed. 2. In 2005 the Section published three newsletters The Executive Committee monitored and January 2005 issue included the following commented on numerous legislative items this year articles: Proposed Legislation on Death of a during the Legislative Session. The Section also Protected Person; Evidentiary Issues in Estate appointed a task force to study possible legislative Claims: Claimant Testimony Rule; Unitrust amendments to ORS 107.126. This task force has Conversion and Power to Adjust Under Oregon's been actively meeting pursuant to its charge. The Uniform Principal and Income Act. Section also established a Standing Committee on Legislation to collect family law related legislative April 2005 issue included the following articles: ideas and to proactively assert them to the Basic Estate Planning for Nontraditional Couples;

31 2005 Committee and Section Annual Reports legislature. The Section's Executive Committee social event to honor recent retirees from the in- continues to meet bi-monthly. house practice of government law. The event was Beginning January 1, 2006, Jeffrey R. Renshaw held at the Washington Park Zoo's Cascade Grill of Portland will be Section Chair. and honored Adrianne Brockman, Tom Sponsler, Rusty Brewer, Jeff Condit and Chip Lazenby. Respectfully Submitted: Ronald Johnston (CH), The section uses an e-mail communication Jeffrey Renshaw (CH-Elect), Tammy Dentinger system to alert section members to important (Past CH), Mary Lois Wagner (TR), Gordon recent developments on government law issues, Dick (SEC), Kimberly Brown, John Case, such as pending legislation and important court Gordon Dick, William Francis, Lynn Jarvis, Ted decisions. Meece, Michael Bandonis, Gweneth Burgess- Thompson, Michele Grable, David Hull, David The section's website Gannett (Adv), Albert Menashe (BC), Susan (www.osbgovlaw.homestead.com) provides links to Grabe (BL). sample contract forms and other useful information for government law practitioners. The executive committee takes on special projects from time to Government Law Section time. The section budgeted for contributions of The Government Law Section continued its $2,000 to the Campaign for Equal Justice and efforts to make Oregon a better place to practice $1,000 for outreach programs such as the Oregon government law. Membership increased beyond Minority Lawyers Association. It contributed projections to 441 members. The section put on $2,000 to support the upcoming 2006 two well-attended CLE programs. A full-day CLE International Municipal Lawyers Association was held on February 25 at the Inn at Spanish (IMLA) Conference to be held in Portland. Head in Lincoln City. CLE topics included: updates on Ballot Measure 37 as explained by a Annual dues have been maintained at a low lawyer, an appraiser and a land use planner; and $10. troubleshooting public contracts, insurance and public agent issues. Respectfully submitted: Stephanie Smythe (CH), Danny Olsen (CH-Elect), John R. Osburn (Past The section also cosponsored a half-day CLE CH), Terrence D. Mahr (TR), Wayne Belmont with the Oregon State Bar on September 23 at the (SEC), Walter R. Gowell , Steven E. Rich, World Forestry Center in Portland. That CLE Ruth M. Spetter, Lisa M.Umscheid, John H. included a legislative update and discussions of Hammond, Henry H. “Chip” Lazenby, Karen M. public/private development agreements and civil Williams, Christy K. Monson, Timothy Gerking unions. It was followed by the annual meeting and (BC), Denise Cline (BL). election of officers and executive committee members for 2006. New members elected are Clackamas County Counsel Steven R. Lounsbury Health Law Section and Oregon Department of Justice Chief Trial Counsel Stephen K. Bushong. In 2005 the section had 256 members. The Executive Committee met the third Thursday of The section's CLEs and meetings are often every other month at 9:00 am at the Oregon State occasions for social events designed to bring Bar offices. In addition, the Section held its members together and honor member annual meeting and CLE on October 20, 2005 at contributions. After the annual meeting on the Ecotrust Conference Center. September 23, the section held the second annual

32 2005 Committee and Section Annual Reports

The primary activities of the Health Law Section in The primary activities of the Indian Law 2005 were: Section in 2005 were: 1. CLE Programs CLE Programs The Health Law Section continued its CLE programs, focusing on topics of particular interest On October 21 & 22, 2005, the section to section members. The 2005 sponsored the sponsored the “Second Annual Northwest Tribal following programs: Water Rights Conference”. This CLE was co- sponsored with The Center for Tribal Water August 3, 2005: Brown-Bag Lunch CLE Advocacy, the University of Oregon School of Presentation, “Medical Marijuana: Legal Update” Law, the Wayne Morse Center, and the held at the Multnomah County Courthouse. Mountaineers Foundation. October 20, 2005: CLE Presentation “2005 On December 2, 2005, the section hosted a Health Law Legislative Update” held at the CLE titled “Standing Tall: The Lifeway of Kathryn Ecotrust Conference Center. Jones Harrison, Chair of the Confederated Tribes December 9, 2005: CLE co-sponsored with The of the Grand Ronde Community.” Oregon Health Lawyers Association, “2005 Health Law Update” held at the Embassy Suites Hotel. Activities 2. Newsletter On July 29, 2005, the section held a complimentary networking reception and light In 2005 the Section published two issues of the supper with students from the Lewis & Clark Oregon Health Law Newsletter, and contained Indian Law Summer Program and the Portland some of the following articles: Detecting Medical State University Tribal Government Program at Records Tampering; Oregon's Safety Net Providers; the Native American Community and Student Oregon Patient Safety Commission Update: and Center at the Portland State University Economic Credentialing. The section also distributed a newsletter titled Respectfully submitted: Matthew M. Werner “The Arrow's Edge” which contained the following (CH), Gary P. Harrell (CH-Elect), Lorey H. articles: Freeman (Past CH), Charles A. Sinsel (TR), • Connecting The Dots: an examination of the Dana S. Scheele (SEC), Mark A. Bonanno, Federal Government's trust responsibility to Kurt F. Hansen, Nicola Pinson, Gwen M. the Columbia River Treaty Tribes and their Dayton, Amanda H. Guldager, Emily J. salmon. Kaufmann, Margaret M. Maguire, John Enbom (BC), Jon Benson (BL). • An overview of credit enhancement options for tribal transactions. • NAHASA Negotiated Rulemaking Indian Law Section Activities in FY 2004 In 2005 the section had 157 members. The • Alternative Dispute Resolution: a burden or Executive Committee held twelve meetings during an opportunity? 2005. Meetings were held at 9:15 am on the third Wednesday of every month via conference call. In Respectfully submitted: Deneen Aubertin Keller addition, the Section held its annual meeting with (CH), Christopher L. Burford (CH-Elect), Lea a CLE on December 2, 2005, at the offices of the Ann Easton (Past CH), John M. Schultz (TR), Ater Wynne LLP. Melissa M. Robertson (SEC), David G. Brown,

33 2005 Committee and Section Annual Reports

Howard G. Arnett, Edmund C. Goodman, Brett And, as always, in addition to co-sponsoring a V. Kenney, Starla K. Roels, Douglas C. number of CLEs on IP-related topics, the section MacCourt, Lee K. Shannon, Harold S. put together a number of its own informative Shepherd, Cynthia J. Starke, Carol Skerjanec CLEs, including such topics as noncompetition (BC), Jami Curl (BL). agreements and trade secret law, patent licensing, publicity rights, and others. Throughout the year, we have been grateful for the attendance and Intellectual Property Section support of the many section members who have helped to contribute to our continued success as a This has been a busy year for the Intellectual section. We plan to continue to expand on these Property Section. We started the year with several goals as we move forward into the new year. goals, including putting together a number of CLE's on significant, IP-related topics and co- Respectfully Submitted: Craig Rogers (CH), sponsoring CLE's of interest to our section Paula Holm Jensen (Past Chair), Gregory Zafiris members; sponsoring IP moot court teams from (TR), Anne Glazer (SEC), Christopher Lewis, Oregon law schools; continuing to produce a Anna McCoy, Michelle Craig, Bartley Day, quality newsletter in conjunction with Lewis and Paul Havel, Michael Heilbronner, Carol Busby, Clark Law School's Intellectual Property Student Karen Wetherell Davis, Thomas Evans, Daniel Organization; updating the section website to Larsen, Joseph Miller, Ambyr O'Donnell, Bette provide more current and meaningful resources to Worcester (BC), Mark Saltveit (BL). IP practitioners; and creating an outreach program to encourage section involvement from lawyers and law students beyond the Portland metro area. I International Law Section am happy to report a successful year in each of these areas. The section continued its focus on its continued enhancement and participation in ILS-sponsored As part of our outreach program, we now have CLE events, development of its website and the membership on the executive committee from continued exploration and implementation of ways several areas outside of Portland, helping us keep to utilize section resources to best serve its in touch with the needs of our section membership members. throughout the state. We also co-sponsored activities with student organizations at the The section focused on the following areas: Willamette and University of Oregon Law Schools, in addition to the traditional Lewis and Clark Law 1. CLE's: The executive committee held three School activities. CLE's during the year for its members. Average attendance was approximately 25 The section's newsletter, powered by the IPSO attendees. at Lewis and Clark continues to be a big success. In addition, the section has been heavily involved 2. The executive committee, in conjunction in assisting Oregon law schools in their intellectual with the website subcommittee and the property moot court competitions both by section's website administer worked to providing judges and by contributing financially to enhance the ILS website for the benefit of all support teams. The section's website has also been of its members. The website includes updated and is undergoing continued updated contact information, calendar improvements to make it more helpful and notices and electronic newsletter articles. meaningful to section members. 3. The articles and linking subcommittee explored additional, helpful links for posting

34 2005 Committee and Section Annual Reports

on the section's website for the benefit of the Respectfully submitted: Douglas P. Killiam (CH), membership. Kristy K. Barrett (CH-Elect), Lissa K. Kaufman (Past-CH), Janie M. Burcart (TR), Emily S. 4. The executive committee has begun the Cohen (SEC), Kristine M. Kaufman, Dawn M. process of bringing CLE attendance to those McIntosh, Rahela K. Rehman, James A. Palmer, members who may be outside of the Portland Ingrid Swenson, Katherine E. Tennyson, Kirsten area via phone conferencing. This remains E. Thompson, Ricahrd A. Cremer, Angela in the development stages, but if there is Sherbo, Robin J. Wright, Karen R. McClintock, membership interest, hopes to be in place for Victoria S. Baum (ADV), Jonathan P. Hill the following year. (BC), Helen Hierschbiel (BL). Respectfully submitted: Shannon K. Waage (CH), Lew E. Delo (CH-Elect), Ambyr M. O'Donnell (Past CH), Patchen M. Haggerty (TR), Jacob J. Labor and Employment Section Carroll (SEC), William L. Clydesdale, Marcy The Labor and Employment Section maintains Edwards, Akana K. J. Ma, Turid L. Owren, a membership of 771 member as of the October Steven C. Smith, Natella V. Svistunova, D. 2005 monthly report which is slightly than the David Rossen (ADV), Peggy Miller (BL). prior year's membership. Attorneys who passed the Oregon State Bar during 2005 were invited to Juvenile Law Section join the section at no cost for the first year. This section continued its practice of In 2005 the section had 251 members. The sponsoring “brown bag” seminars in both Portland Executive Committee met the third Saturday of and Eugene. The Portland seminars were held in every month at the OSB Offices. In addition, the February, April and September. Renee Byrant, Tax Section held its annual meeting on October 29, Manager of the Oregon Department of 2005. The Executive Committee used broadcast e- Employment address how the employment mail for communication and found this method of taxation system works, common mistakes in communication to be very helpful. unemployment hearings and what's new pending legislation. Sylvia Stevens from the Oregon State The primary activities of the Juvenile Law Section in Bar discussed the new Oregon Rules of Professional 2005 were: Conduct. Anna Zanolli also from the Oregon State 1. CLE Programs Bar led a presentation on using Casemaker. In January 2005 in Eugene the administrators of the On March 11, 2005, the section co-sponsored a Oregon Bureau of Labor, Civil Rights Division CLE with the Oregon State Bar titled “Current presented an overview of the agency's role and Issues in Juvenile Law: Sex and Science.” The procedures. seminar occurred at the World Forestry Center in Portland Oregon and provided 5.25 General CLE On October 8, 2005 the section held its annual credits and 1 Child Abuse reporting credit. meeting and CLE program in Sunriver. Speakers and topics covered were as follows. On October 17 and 18th, 2005, the section co- hosted a CLE with the OSB Family Law Section Update of Labor and Employment Cases titled “Essentials of Juvenile Court Practice" during Richard Liebman the judicial conference at the Serbu Youngh Barran and Liebman Campus in Eugene. Sexual Orientation Claims in Oregon Edward Reeves, moderator

35 2005 Committee and Section Annual Reports

Stoel Rives LLP The section continues its support of the Panel Members: Campaign for Equal Justice with a $1500 Barbara Diamond, Smith, Diamond & Olney contribution. The section also contributed to the Susan Eggum, Susan K Eggum PC memorial funds for Carlton Snow and Harry Corbett Gordon, Fisher & Phillips Chandler, who were pioneers in Oregon's public Roundtable Discussions sector labor law. (Attendees selected one) Respectfully submitted: Nancy E. Brown (CH), (A) Significant Cases 2004 with Richard Michael Tedesco (CH-Elect), Jeffrey Chicoine, Ahearn, Regional Director, NLRB (Past CH), Craig Armstrong (TR), Mita Region 19 Seattle (Private Sector) Shahri, (SEC), Ann Boss, Brian Hungerford, (B) PECBA Decisions 2004 and 2005 with Adam Morrison, Giles Gibson, Karin Guenther, James Kasameyer, Member of the Susan Hammer, Michael Holland, Scott Hunt, Oregon Employment Relations Board David Snyder, Albert Menasche (BC), (Public Sector) Christine Kennedy (BL). (C) Evidentiary Issues in Employment Cases with Craig Crispin, Crispin Employment Lawyers and Calvin Keith, Law Practice Management Section Perkins Coie LLP Legislative Update In 2005 the section had 171 members. The Dennis Westlind, Tonkon Torp Executive Committee met every other month in different location throughout Oregon. In addition, The program was well received with the Section held its annual meeting on November approximately 55 attendees. 10, 2005, at 3:00 pm at the Oregon State Bar Michael Tedesco will become the section chair Offices, 5200 SW Meadows Road, Lake Oswego, on January 1, 2006. Newly elected officers are: Oregon The Executive Committee used for Chair Elect: Craig Armstrong communication the broadcast e-mail services Treasurer: Karin Guenther provided by the OSB Member Services Secretary : Giles Gibson Department and found this method of Member at Large - Term ending 12/31/07 communication to be very helpful. Allyson Krueger The primary activities of the Law Practice Adam Morrison Management in 2005 were David Carlson, David Vickie Stilley Cowan Daniel and Dee Crocker did a technology show at Member at Large - Term ending 12/31/06 the Oregon New Lawyers Divisions Super Saturday David Synder on October 22, 2005 Mike Holland Respectfully submitted: M. David Daniel, Susan Hammer (CH), David L. Carlson (CH-Elect), Fern Puls Scott Hunt (Past CH), Craig K. Edwards (TR), Carol Decker In 2005 the decisions of the Oregon (SEC), Evan P. Boone, Dawnne L. Linenbrink, Employment Relations Board were added to Fred C. Nachtigal, David P. O'Brien, Dennis M. Casemaker. William Greer, arbitrator and Rod Odman, Darla L. Pierce, Steve Sequin, Robert D. Wenger, Oregon State Bar were instrumental in Butler, Daniel A. Hill, Jay Richardson, Dawna seeing this project to completion. Brophy, Albert A. Menashe (BC), Margaret Robinson (BL).

36 2005 Committee and Section Annual Reports

Litigation Section • Appointment of a liaison to the Civil Law Advisory Committee; and The litigation Section remains the largest • Creating, expanding, and maintaining the section of the Oregon State Bar. It is comprised of section's web page (www.osblitigation.com). attorneys practicing in diverse areas of litigation, ranging from civil to criminal, plaintiff to defense, Respectfully submitted: Richard A. Lane (CH), personal injury to commercial, consumer to Marc A. Spence (CH-Elect), Karen E. Saul business, and real estate to family litigation. (Past CH), John A. Berge (TR), Nancie K. General activities include publication of the Potter (SEC), Benjamin Bloom, Stephen Litigation Journal, sponsorship of the annual Bushong, Raymond D. Crutchley, W. Eugene Litigation Institute and Retreat and the biennial Hallman, Lindsey Hughes, Michael R. Mahony, Fundamentals of Oregon Civil Trial Procedure Tracy A. Prall, Simeon D. Rapoport, Judy D. CLE, frequent sponsorship of speakers at other Snyder, Sarah R. Troutt, Dennis P. Rawlinson CLE events, maintenance of a section web site, (BC), and Karen D. Lee (BL). and promotion of communication, camaraderie, and professionalism within the bench and bar. Specific activities in the past year have included: Products Liability Section • Publication of three issues of the Litigation This is a small section with about 174 members. Journal; The Executive Committee held twelve meetings • Sponsorship and presentation of the 12th during 2005. Meetings were held at noon on the Annual Litigation Institute and Retreat at third Tuesday of the month in the conference Skamania Lodge on March 4 and 5, 2005 rooms the law offices of Lindsay, Hart, Neil and (including the award of four scholarships); Weigler. In addition, the Section held its annual meeting and CLE on November 18, 2005 at the • Planning and preparation for the 13th Annual Litigation Institute and Retreat to be held at offices of the Oregon State Bar. Skamania Lodge on March 10 and 11, 2006; The primary activities of the Products Liability Section • Initial planning for the 14th Annual in 2005 were: Litigation Institute and Retreat in 2007; 1. Annual CLE Program • Administering and awarding the annual Owen M. Panner Professionalism Award; The Products Liability Section continued its tradition of presenting high-quality CLE programs, • Planning, preparation, and presentation of focusing on topics of particular interest to section the Fundamentals of Oregon Civil Trial members. The 2005 program was titled “Effective Procedure CLE held October 21 and 22, Warnings Product Liability Strategies.” 2005 (a practical skills CLE); 2. Products Liability Newsletter • Providing support for an OSB CLE program on evidence topics; In 2005 the Section published two issues of the Products Liability Newsletter. The issues had an • Support of pro bono support activities, such average length of 21 pages, a professionally as the Campaign for Equal Justice; designed logo, and professional typesetting and • Participation in the OSB's Casemaker printings. All issues of the newsletters were mailed Evaluation Group; to section members, judges and referees.

37 2005 Committee and Section Annual Reports

3 Activities puts on two extensive CLE programs each year. The anticipated primary activities of the The first is the annual meeting which was very Products Liability Section in 2005 are its annual well attended, and provided a day and a half of CLE, the continued publication of Section training, including topics for both real estate and Newsletters, and updating and maintaining the land use practitioners. Our October CLE focused new Products Liability Committee web site. on special advanced real estate topics. The section administers its own annual meeting, with some Respectfully submitted: Charles S. Tauman, limited services from the OSB, but the October (CH), Jay W. Beattie (CH-Elect), William A. CLE is co-sponsored with the OSB. Masters, (Past CH), Meagan A. Flynn (TR), The Executive Committee met 10 times during Edward T. Tylicki (SEC), Timothy J. Helfrich, the course of the year. Two of those meetings were Rick Klingbeil, Michelle K. McClure, Lawrence held outside the Portland metro area. One was Baron, Bruce C. Hamlin, Georgory T. Lusby, held in Ashland, the other in Tillamook. The Leslie W. O'Leary, Thomas B. Powers, Ellen M. annual meeting was in Redmond at Eagle Crest, Voss, Anne D. Foster, Laura L. Rhodes, Linda and our October CLE was in downtown Portland. K. Eyerman (BC), Teresa Wenzel (BL). A quorum was present for every meeting, with some members attending by phone and others in Real Estate and Land Use Section person. The Section's website and list serve continue to 2005 was a very busy year for RELU. Two be excellent resources for the provision of significant factors contributed to the level of information to our members. The Executive activity of the Section this year: the legislature and Committee uses the website for posting and Measure 37. archiving group info, and for recruitment of new During the course of the year, RELU's members and leadership. The list serve has Executive Committee created and coordinated developed into a wonderful source of discussion subcommittees who met regularly to deal with among members on a variety of topics. The pending legislation. While the Section did not Executive Committee reviewed the guidelines and sponsor any bills this year, we provided testimony protocols for use of the list serve this year in light on several, and during each Executive Committee of the increased use of this tool. meeting we received a report on the current status One of the biggest projects undertaken by the of real estate and land use bills. In addition, Section this year was converting the Digest to written reports of the status of legislation pending electronic format and distribution. That of interest to the Section was posted on our conversion is expected to eventually result in website. significant savings. The conversion has allowed us Measure 37 provided the Section with much to keep membership dues at a stable level and yet opportunity for discussion. We have tracked the still provide the same amount of quality. We will activities of the measure, followed potential continue to review the distribution policies and legislation as it was being considered and discussed refine them. During 2005 we produced one hard the implementation of it at the state and local copy Digest under the former system and will government level. We have and continue to publish five or six electronic versions. Each Digest consider the wisdom of conducting a special is full of useful and timely information for Section seminar on the topic. members. In 2004 the Digest celebrated 25 years and it remains the crowning jewel of our Section. Education of our members continues to be the primary goal of the section. To that end RELU

38 2005 Committee and Section Annual Reports

Recruitment of new members has become a predicted to a reasonable amount given the size of higher priority for the Section this year. The our annual budget. Executive Committee has formed a Membership In the year to come, the Section intends to Committee to look at ways to retain existing continue producing up to 6 Digest issues; to have members and to recruit new members. We have an annual meeting (this year it will be at employed free memberships to recent admittees, Salishan); to have an October CLE (this time it offered discount coupons for enrollment at our will be on land use topics); to work on potential CLE's and changed the pricing structure for our legislation for introduction in the 2007 legislature; annual meeting in order to attract new members. to enhance and upgrade our website; and to This new strategy seems to be working as our continue to provide the list serve for our members. membership increased even during registration for The Membership Development Committee will the annual meeting. This is a subcommittee that continue to meet and suggest ways to increase our will continue to work and provide ideas to help our membership and to attract new members into the Section grow. leadership of the Section. Also during the course of the year, the Executive Committee has revised our Respectfully submitted: Wallace Lien (CH), Reimbursement Policy to favorably match up to Patricia Chapman (CH-Elect), Shannon the OSB administration of mileage Johnson (Past CH), Joan Kelsey (TR), Karen reimbursements. We also eliminated our old Williams (SEC), Dominic Collette, Dean lending library since its materials were completely Alterman, Christopher Crean, Jeffrey Keeney, outdated, and the location and availability of the John Pinkstaff, Liz Fancher, Christian Hearn, materials were questionable. We have continued Gregory Nelson, Victoria Baum (ADV), our contractual relationship with Clay Tablet, and Kathryn Beaumont (ADV), Norma Freitas have enjoyed several hundred dollars in revenue (ADV), Dennis Rawlinson (BC), Jane Gillespie from that contract. We updated our Recruitment (BL). policies so that the nominating committee matches the RELU By-Laws. Securities Regulation Section The Education Committee continues to be active year round, and is already beginning The Securities Regulation Section continued to planning activities for next year. A separate CLE hold monthly luncheons in Portland at the report will be coming from that subcommittee Fernando's Hideaway restaurant with CLE speakers directly to the OSB to fulfill that requirement. of interest to its members. A list of the monthly The Education Committee has made huge strides lunch speakers and the dates and subjects of their in upgrading our annual meeting. The quality of presentations held to date follows: the program is strong, and for the second year in a OSB SECURITIES REGULATION SECTION row it has been a positive cash flow for the LUNCHEON SPEAKERS FOR 2005 Section. The addition of advertising sponsorships, and the keen eye for cost management are the Jan. 19, 2005 primary reasons for the turn around. Attendance Don Mazziotti, Portland Development has been way up due to the quality of the program Commission as well. Diversity Issues Facing the PDC A new budget is being discussed and will be Feb. 2005 adopted and transmitted along with this Annual NWSI-No Luncheon Report. Our current revenue and expenditures are generally within budget, and our cash carryover is

39 2005 Committee and Section Annual Reports

March 16, 2005 For 2006, the section has budgeted $750 to set Keith Ketterling, Stoll Stoll up a website. This project has been deferred from Tips for Cross-Examination of Experts in prior years. In 2005, the section awarded a $500 Customer-Broker Cases scholarship to a top student at each of Oregon's three law schools who chosen by the professor who April 20, 2005 teaches securities regulation at each school. The Cliff Spencer, Foster Pepper Section also contributed $500 to the Campaign for Compensation Committee Reports and Proxy Equal Justice. Statement Disclosures In 2006, the Section expects to continue its May 18, 2005 monthly luncheons, its scholarships and its Allan Garten sponsorship of and participation in the Northwest White Collar Investigations and Prosecutions by the Securities Institute. United States Attorney June 15, 2005 Jeff Tarbell, Willamette Management Sole & Small Firm Practitioners Fairness Opinions Section July 20, 2005 The section hosted two free CLE's in 2005, one Art Crozier, Innisfree M & A Inc. on July 29, 2005 CLE at the Marion County Proxy Contests Courthouse showed replays of recorded diversity Aug. 17, 2005 and child reporting seminars. The second was on David Tatman September 30th at the Salem Conference Center Recent Developments at the State of Oregon titled “The Business of Law - Resources for Sole Oct. 2005 and Small Firm Practitioners.” Annual Mtg. Tim Boyle Below is a description of benefits section “Home Grown Oregon Company” members receive: Nov. 16, 2005 *** Access to our on-line member list serve. Ralph Shaw We were the first Bar Section to use a member list “Venture Capital in Oregon” serve and ours remains one of the best. The list In addition, the section's the annual meeting serve is a wonderful resource for seeking answers to was held on October 18, 2005. As indicated in the legal questions or problems related to new or small table above, Columbia Sportswear CEO Tim Boyle practice, to trade forms, to make referrals, and to was our speaker. His remarks addressed how network together for the benefit of our clients and Columbia has grown and operates. each other. The Section continues to enjoy a positive *** Local Chapters. Local chapters are financial situation. The Section has a projected currently meeting periodically in Portland and surplus in excess of $5,000 which it has maintained Eugene. These are a great opportunity to network for several years, and the cash flow from and get one free CLE credit from an hour membership fees and other revenue sources is presentation during the meeting. We are looking sufficient or nearly sufficient to cover the expenses to establish other local chapters; if you are relating to luncheons and the section's other interested, let us know and we will help you start activities. one in your area. This is one place where you can volunteer and really make a difference.

40 2005 Committee and Section Annual Reports

*** Bar Advocacy. We actively and effectively • In addition, John Draneas represented the advocate within the Bar for the benefit of sole and Tax Section on a Governor's Task Force to small firm practitioners. We have successfully develop a new definition of independent helped defeat proposals for “multi-disciplinary contractor. The Task Force unanimously practice” (i.e., other non-lawyer entities owning approved a change, which will be presented law firms) and we successfully advocated for a to the Legislature in the 2005 term. recent disciplinary task force for review of the All legislation in which we were involved disciplinary process, obtained a position for SSFP passed the Legislature. members on the task force, and then spearheaded adoption of the task force recommendations. 2005 Annual Tax Institute Respectfully submitted: Vincent A. Deguc, We held our 5th annual Tax Institute, and was (CH), W. Scott Phinney (CH-Elect), Robert A. able to make a profit again this year. Our marks for Browning (Past-CH), James A. von Hippel the seminar were very high, and we realized that (TR), Donna G. Goldian (SEC), Velda H. we are probably best to focus on quality in-state Rogrs, Russell D. Bevans, Kelly M. Doyle, speakers, without the need to bring in a lot of out Randall E. Poff, Michael L. Cooper, Lauren J. of town speakers. We are already planning for our Paulson (BC), Margaret Robinson (BL), Rod 2006 Tax Institute to be held in June. Wegener (BL). Broadbrush Taxation Seminar Taxation Section Our Broadbrush Taxation Seminar which is held every other year was held in October 2005. In 2005, the Section focused on the following The Seminar is aimed at those Bar members who areas: are not tax experts, and was well attended with approximately 180 Bar members. Approximately Luncheon Series 2/3 of those attending were season ticket holders. Tax luncheons are held in both Portland and Newsletter Salem for local practitioners. The Portland series included sessions throughout the entire year. Salem We continued to produce a newsletter to our had seven lunches again this year. Both lunches members, with articles of interest to the Tax make a small profit, but the primary focus is Section members. Our newsletter editor let things education of members. slide a bit this year, and we only sent out 2 newsletters this year. We have made a change in Legislative Issues editor of the newsletter, and expect to issue either 3 or 4 newsletters in 2006. The Tax Section proposed two different statutory changes in 2005: Respectfully submitted: Karey A. Schoenfeld • Allow nonprofit entities to hold real estate (CH), Jeffrey Abbott (CH-Elect), Timothy in an LLC and still qualify for property tax O'Rourke (Past CH), Mark Huglin (TR), Marc exemptions. Sellers (SEC), Joshua Husbands, Charles Lewis, Katherine VanZanten, Joseph Wetzel, Ian • Change the definition of a QTIP trust for Richardson, Valerie Sasaki, Barbara Smith, inheritance tax purposes, to allow more Gerry Gaydos (BC), Karen Lee (BL). existing trusts to qualify for exclusion of inheritance taxes at the death of the first spouse to die.

41 2005 Committee and Section Annual Reports

Workers' Compensation Section At the 2005 Annual Meeting, the section membership elected officers and executive committee members for 2006. The terms of office 2005 Section Activities: for these officers commence January 1, 2006. 1. Executive Committee Meetings Officers for 2006: Monthly Section Executive Committee Martin Alvey, Chair meetings were held, with the exception of July, Linh Vu, Chair Elect August, October and December, 2005 due to a lack ALJ Holly Somers, Secretary of a quorum. A meeting which likewise failed to Matthew Roy, Treasurer have a quorum present at the time of the Section's Rodger Hepburn, Past Chair Bench/Bar Ethics program in November. Minutes of each meeting have been submitted to the Bar in Committee Members for 2006: accordance with the Section Bylaws. The Minutes were taken by Linh Vu, Secretary, and can be Shelly Edling accessed on the Section's Website. Dean Lederer Marcos Thesing 2. Annual Meeting Meg Carman The Section's 23nd Annual Meeting was held Arthur Stevens, III on May 20, 2005 at the Salishan Lodge at Chuck Mundorff Gleneden Beach, Oregon. The meeting is coupled Jill Reichers with a two-day CLE, which was held on May 20- Julie Masters 21, 2005. This CLE was, as usual, very well-attended by both sides of the bar, judges and 5. Executive Standing Committees: Board members. The CLE was approved for 4.25 Legislative MCLE credits. The program also included 2 Rules diversity credits. After appeal, these credits were Professionalism not allowed by the Oregon State Bar. The program Race/ethnic included various legal and medical speakers Salishan CLE covering topics relevant to practitioners on both Communications sides of the Bar. Douglas Daughtry Award of Merit 3. Bench/Bar CLE These committees met on an as needed basis throughout 2005. The Section also sponsored a Bench/Bar Ethics CLE on November 18, 2005. The CLE was held at 6. Resignation of Section Chair Abigail the Willamette Valley Vineyards in Salem, Herman. Oregon. The conference covered three hours of Section Chair, Abigail Herman resigned her discussion regarding various topics involving position in June, 2005. ALJ Herman was appointed workers' compensation and ethics. The seminar by Governor Kulongoski to Chair the Workers' was once again very well attended and was Compensation Board. As a result of her approved for 3.00 ethics and 1.00 general credits. appointment, Board Chair Herman felt that it This seminar, which included lunch, was provided would be a potential conflict of interest for her to free of charge to members. also serve as Chair of the Workers' Compensation 4. Executive Committee Officers and Members Section. Martin Alvey became Chair of the for 2006 Section upon ALJ/Board Chair Herman's resignation. The remaining Officers retained their

42 2005 Committee and Section Annual Reports positions until the regularly scheduled change in Salishan Lodge. Sally Curey has agreed to chair officers on January 1, 2006. the subcommittee and the committee already has the process of planning the 2006 event largely 2006 Section Activities completed. 1. The Executive Committee will continue Communications: Monitor the development and with monthly meetings held in accordance with production of the Section Website, the Section the Section Bylaws. Newsletter, and continue efforts in getting relevant 2. The standing committees will continue to practice information to all section members. The meet on an as needed basis to function with the committee is looking into sending out a high following general goals: quality section newsletter on a monthly or quarterly basis. Legislative: Monitor proposed and potential legislation; give advice to the committee regarding Douglas Daughtry Award Committee: This the advisability of proposed legislation, and review committee is made of the most recent three past current workers' compensation laws to keep the chairs and meets to make recommendations to the committee apprised of new developments. full committee on the merit of nominations for the award. This committee will begin meeting in Rules: Monitor proposed and potential rules January, 2006 to start accepting nominations and under the Board and Department; advise the making recommendations to the full committee for committee regarding the advisability of proposed the award, which, if given, will be presented at rules; and review the current rules of the Board and the Department in consideration of Salishan 2006. suggestions for the improvement of current rules. 3. Proposed Legislative Changes: None at this Professionalism: Advance the interests of time. section members by sponsoring seminars and 4. Proposed Rule Changes: None at this time. programs dealing with professionalism and ethics; consider means by which the Section can improve 2006 Budget: relations between the membership and those providing services to injured workers and The 2006 Section budget was presented to the employers, clients and members of the public. The committee at the October meeting by the Section goal for 2006 is to put on at least one Bench/Bar Treasurer, Matthew Roy. The budget was to have ethics CLE at Willamette Valley Vineyards. been voted on and approved at the time of the Facilitators/planners for next years' Bench/Bar CLE November meeting at the Bench/Bar Forum. A have not been identified. quorum was lacking at that meeting. The budget was approved by the Executive Committee Race/Ethnic: Identify means by which the membership by an e-mail vote and was submitted Section can facilitate the use of the workers' directly to the Board of Governor's Budget and compensation forum by practitioners and members Finance Committee for its approval. of the public; Educate lawyers, judges and those providing services to injured workers and Respectfully Submitted: Martin Alvey (CH), employers regarding the potential impact of Rodger Hepburn (Past CH), Matthew Roy cultural differences upon use of the workers' (TR), Linh Vu (SEC), Holly Somers, Meg compensation system. Carman, Shelley Edling, Dean Lederer, Julie Salishan/CLE: Plan and coordinate the annual Masters, Charles Mundorff, Jill Riechers, Arthur section business meeting and CLE. The section Stevens, Mark Thesing, Jonathan Hill (BC), voted to hold the 2006 annual meeting/CLE at Suzanne Cushing (BL).

43 2005 Committee and Section Annual Reports

44