Affirmative Action Committee

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2004 Committee and Section Annual Reports 2004 Committee and Section Annual Reports

Table of Contents

Committees

Affirmative Action...... 1 Medical Profession-Joint ...... 8 Bar Press Broadcasters Council ...... 3 Minimum Continuing Legal Education...... 8 Certified Public Accountants-Joint ...... 3 Pro Bono ...... 9 Client Security Fund ...... 4 Procedure & Practice ...... 10 Continuing Legal Education ...... 5 Public Service Advisory ...... 11 Federal Practice & Procedure...... 5 Quality of Life...... 12 Judicial Administration ...... 6 State Lawyers Assistance ...... 13 Legal Ethics...... 6 Uniform Civil Jury Instructions ...... 13 Legal Heritage Interest Group ...... 6 Uniform Criminal Jury Instructions...... 14 Legal Services ...... 7 Unlawful Practice of Law ...... 14

Sections

Administrative Law ...... 17 Energy, Telecommunications Admiralty ...... 18 & Utility Law ...... 33 Agricultural Law...... 18 Environmental & Natural Resources...... 33 Alternative Dispute Resolution ...... 19 Estate Planning and Administration ...... 35 Antitrust, Trade Regulation ...... 20 Family Law ...... 36 Appellate Practice ...... 21 Government Law ...... 36 Aviation Law ...... 22 Health Law ...... 37 Business Law ...... 23 Indian Law ...... 38 Business Litigation ...... 23 Intellectual Property...... 39 Civil Rights...... 24 International Law ...... 40 Computer & Internet Law ...... 25 Juvenile Law ...... 40 Constitutional Law...... 26 Labor & Employment...... 41 Construction Law ...... 27 Law Practice Management ...... 42 Consumer Law ...... 27 Litigation ...... 43 Corporate Counsel ...... 28 Products Liability ...... 44 Criminal Law ...... 29 Real Estate & Land Use ...... 44 Debtor-Creditor ...... 30 Securities Regulation ...... 45 Disability Law ...... 30 Sole and Small Firm Practitioners ...... 46 Diversity Law ...... 31 Taxation ...... 47 Elder Law ...... 32 Workers' Compensation ...... 47

i 2004 Committee and Section Annual Reports

Committees

Affirmative Action Committee PUBLIC HONORS FELLOWSHIP PRO- GRAM: The Public Honors Subcommittee This report regards the OSB Affirmative Action reviewed 9 applications for six fellowships and one Program (AAP) allocative programs, OLIO pro- Environmental Law grant. The AAP received the grams, and 2006 Sunset efforts. The AAP pro- Environmental Law Grant for the fourth year grams are designed to advance the following mis- through the American Bar Association. The fel- sion statement: lowship recipients clerked for the Oregon Supreme The mission of the Affirmative Action Program of Court, Oregon Court of Appeals, US District the Oregon State Bar is to support the mission of Court, Oregon DOJ, Oregon Law Center, and the Oregon State Bar: by promoting respect for the Multnomah DA. The ABA Environmental Clerk rule of law, by improving the quality of legal servic- worked for the Cascade Resources Advocacy es, and by increasing access to justice. The Program Group. serves this mission by striving to increase the diver- BAR EXAM GRANT: The Bar Exam sity of the Oregon bench and bar to reflect the Subcommittee reviewed a total of 14 applications diversity of the people of Oregon, by educating for both the February and July bar examinations to attorneys about the cultural richness and diversity award 9 grants. OMLA, through their annual auc- of the clients they serve, and by removing barriers tion in June, raised funds to award Bar Exam to justice. Preparation Course scholarships for ethnic minority graduates who did not receive awards through ALLOCATIVE PROGRAMS the Bar Exam Grant program. The bar's Affirmative Action Program includes allocative programs (scholarships, stipends, fellow- OLIO ships, and grants) funded by the bar's AAP assess- The bar's Affirmative Action Program includes ment. Law students who can help to advance the OLIO (Opportunities for Law in Oregon) programs program's mission are eligible to apply. Eligibility is funded by grants and donations. OLIO is a recruit- not limited to ethnic minorities. ment/retention strategy for Oregon's ethnic minor- SCHOLARSHIP PROGRAM: The Scholarship ity law students. Eligibility is limited to ethnic Subcommittee scored 63 applications, and awarded minorities. 8 scholarships in the amount of $2000 each, paid EMPLOYMENT RETREAT: The calendar year in two installments directly to each law school. began with the Sixth Annual Employment Retreat CLERKSHIP STIPEND PROGRAM: Thirty- at Lewis & Clark Law School on the last Saturday three students applied for 20 stipends designated to in January. The traditional round-robin mock secure clerkships with employers who could match interviews were again a tremendous hit. Through at least the $5.00/hour stipend. One stipend recipi- the mock interview process and the personal ent asked the Stipend Subcommittee's permission involvement of Career Services of the three law to use her stipend with an employer who could not schools, we are finding that students are much match the $5.00. Ultimately, the Affirmative more prepared for interviews, and are better Action Committee decided to grant up to three equipped to secure employment through AAP pro- exceptions per year to raise the stipend to Oregon's grams as well as through individual efforts. The minimum wage (budget permitting) when an Employment Retreat included an Employer Forum employer could not provide the match. wherein private and public sector firms of diverse

1 2004 Committee and Section Annual Reports sizes sponsored tables to meet and greet the law Kistler, David Schuman, Cynthia Carlson, William students. The participating firms paid a $50 fee to Young, David Gernant, Marco Hernandez. help cover Retreat expenses. 2nd ANNUAL BOWLIO: BOWLIO is a SPRING SOCIAL: Schwabe Williamson Wyatt fundraiser for OLIO. The 2004 event featured PC hosted the 2004 Spring Social which drew eth- guests Governor Kulongoski and First Lady Mary nic minority law students, judges, and lawyers to Oberst who bowled with each team. Over 200 law the networking event honoring the graduating stu- students, lawyers, and judges participated. dents. Schwabe, Bullivant, Brownstein Rask, and Farleigh LEGAL WRITING AND RESEARCH Wada firms created their own bowling shirts for WORKSHOPS: These workshops are designed to this event. A total of 91 attorneys attended. Judges transition ethnic minority law students from class- and Justices who attended: Ancer Haggerty, David room Legal Writing/Research to LWR in practice. Schuman, Paul Kurshner, Cheryl Albrecht, Robert David Bartz and Judge Dick Baldwin conducted Wollheim, Nan Waller, Henry Breithaupt, David the workshop at the Schwabe Williamson firm in Gernant, Rives Kistler, Katherine Tennyson, Portland. Judge Virginia Linder and Bob Rocklin Marilyn Litzenberger, Thomas Ryan, Clifford conducted the workshop at Willamette in Salem. Freeman. Joe Richards conducted the workshop at the Luvaas Cobb firm in Eugene. 2006 SUNSET FIRST YEAR INTERNSHIP PROGRAM The AAC appointed a subcommittee headed by (FYIP) implemented new Personal Statement cri- Judge Douglas Van Dyk. Judge Van Dyk identified teria which the participating law firms decided a three-prong strategy to bring about an AAP would help to identify students who would better extension beyond 2006 - (1) HOD education and fit their firms' diversity objectives. Students sub- elections; (2) membership education and publicity, mitted the Personal Statements along with resumes (3) reunion of all AAP participants and beneficiar- and legal writing samples. ies. BAR EXAM WORKSHOP: Stella Manabe and The Clerkship Stipend Subcommittee, headed Jim Bailey presented this workshop in Portland by Anastasia Meisner, did a great job updating and and in Eugene for ethnic minority bar exam appli- strengthening the AAP Registration Packet. The cants. The workshop is a comprehensive approach Packet is a complete description of the program as to bar exam study with focus also on cultural issues well as a major component of the application ethnic minority applicants may experience. process for allocative programs. Because of its high visibility, it was important that the Packet be care- OLIO ORIENTATION: The AAP held the fully evaluated for the more public 2006 scrutiny. Sixth Annual OLIO Orientation in Bend, Oregon. The Retreat successfully bonded the incoming eth- Respectfully Submitted: Richard Brownstein nic minority law students to each other and to the (CH), Hon. Douglas Van Dyk (SEC), Stephen bar. The 2004 Orientation included a social co- Crew, Carl Crowell, Susan Dobrof, Tim sponsored by the Oregon Minority Lawyers Harmon, Hong Huynh, Amanda Mayhew, Association for Central Oregon OMLA members Anastasia Meisner, Judith Woo Poutasse, Diane and bar leaders. Justice Wallace Carson was the Rea, Hon. David Schuman, David Simon, featured keynote for that event. A total of 18 Monica Smith, Trung Tu, Rene Cardenas (PM), attorneys attended the Orientation. Judges and Marva Fabien (BC), Stella Manabe (BL). Justices who attended: Wallace Carson, Rives

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Bar Press Broadcasters Council Association and the Oregon Society of CPAs on August 10 at Langdon Farms Golf Course. This council is composed of lawyers and judges Committee member Gregson Parker (CPA) as well as editors and reporters from television, took the lead for organizing the tournament. radio and print media. The group meets 4 times The annual golf tournament provides a good per year and takes a leading role in public educa- opportunity for accountants, attorneys, and tion. The council is the primary vehicle for main- their associates to network. taining communications between lawyers and 4. On October 08, 2004, the Committee held its reporters on crucial issues of policy and law and fall retreat at the Stockpot, a restaurant in has provided an invaluable forum for the exchange Beaverton. of views. 5. The semi-annual, Committee-sponsored contin- They have played an active role in changing uing education program (with CLE and CPE the Uniform Trial Court Rule on cameras in court- credits) was handed off to the OSCPA since it rooms and hosted a major symposium on high-pro- matured. The program addresses ethical issues file trials. The Council is reviewing the Bar Press common to lawyers and accountants such as Broadcast Council Guidelines. independence, privileges, confidentiality, and Respectfully submitted: Duane Bosworth, (Ch- conflicts of interests includes timely updates on Elect), James Rice, Ronald Thom, Kristen relevant matters. It's presented in the month Winemiller, Stephen Blixseth, Michael before the end of each profession's reporting Schrunk, Janine Robben, Suzanne Upton, period; this year on June 24 and December 19. Daniel Keppler, Jim Losk, Marc Sussman, Allie Two speakers, Mark Friedman of Garvey O'Connor, William Carter(BC), and Kateri Schubert Barer (a business litigator) and Jim Walsh (BL). Rigos of Rigos Professional Education Programs of Seattle (a regular CPA presenter) have been with the program since its inception in June Certified Public Accountants— 2002; both are attorneys and CPAs. Joint Committee 6. The Committee is actively promoting the bar- sections to accountants to make accountants 1. The committee regularly held meetings aware of the opportunity to belong to the sec- throughout the year for approximately 1½ hours tions as associate members and participate in at the Oregon State Bar offices. list serves. 2. Committee members regularly wrote 7. The Committee examined its first specific Professional Insight articles for the OSCPA assignment re continued promotion of the magazine; the magazine is published 11 times Oregon Emerging Business Task Force during the calendar year and Professional (OEBTF). The assignment needs updating; the Insight articles are in every other issue. Articles OEBTF evolved into the Oregon Emerging covered items of interest to both accountants Business Initiative (OEBI). Further outreach and attorneys, and dealt with issues such as suc- toward the OSB Business Law and Internet sec- cessor liability, family limited partnerships, tions to determine if the Committee can assist Oregon inheritance tax planning, material mod- the Sections and the OEBI is recommended; if ifications under split dollar insurance regula- assistance is not feasible or possible then this tions, and federal and state overtime laws. specific assignment should be deleted. 3. The Committee cosponsored its annual golf tournament and lunch with the Multnomah Bar

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Recommendations for 2005 Steven B. Resnikoff, T. Kenji Sugahara, Thomas L. Hutchinson, Milton Lankton, James Continue the following goals: Oberholtzer, David Simon, Owen Blank, Phyllis 1. Develop the Committee's web site into a Edmundson (BC), and Cathi Pittman (BL). user-friendly resource. It may serve primarily as a source of links to the OSCPA web site, other OSB web sites, and other sites of inter- Client Security Fund Committee est. The committee met five times in 2004. Four 2. Submit Professional Insight articles for the meetings were held at the Oregon State Bar offices OSCPA magazine and OSB Bulletin (as in Lake Oswego, and one meeting was held in appropriate). Salem at a committee member's office. 3. Provide social and networking opportunities Teleconferencing was available at each meeting for for lawyers and accountants. Take a more anyone unable to attend in person. active role in supporting the annual golf At the January meeting bar liaison Sylvia tournament. Stevens gave an orientation for new members, 4. Annual co-sponsorship of the continuing which included an overview of the committee pur- education program with the OSCPA. Do a pose and funding, as well as claim investigation. better job of promoting this CLE to attor- Over the course of the year the committee investi- neys. gated 22 claims, six of which were approved and five of which were denied. Most of the remaining Additional goals for 2005: claims are under continued investigation. Two claims voted on by the committee were reopened 1. In light of the recent economic events and at the request of the lawyers in question. One of Oregon's business environment, the the lawyers appeared by phone at two committee Committee should examine how it can pro- meetings to present her case, and based on new mote its general assignment to provide infor- information provided to the committee, the com- mation re free or low-cost legal and account- mittee recommended reversal of its prior approval ing services available to small start-up busi- of the claim against her. The committee declined nesses in Oregon to reconsider the other claim. 2. Sponsor additional opportunities for As of October 31, 2004 the CSF had a fund bal- accountants and lawyers to socialize. ance of $884,265. The member assessment remains 3. Publicize the availability of other areas of at $5.00 for 2005. Next year the committee will attorney and accountant professional cooper- continue its investigation of pending and new ation, such as referral services. claims. 4. Promote the peer to peer program between Respectfully submitted: Elizabeth Knight (CH), the professions. Darrin Class (SEC), Ronald Dusek, Debra Respectfully submitted: Michael Wetzel (CH), Ehrman, David Roy, Mark Tipperman, Sarah Thomas Hutchinson (SEC), Jason W. Rinehart, Conrad Yunker, William Crow, Scott Alexander, Brandon Benson, Chandra Emery, Howard, Floyd Shebley, Bonnie Merten (PM), David C. Streicher, David M. Mondress, Deidre' Mark Comstock (BC), Sylvia Stevens (BL). Straley, Delos R. Clark, Ginger Patmore, Joshua Barrett, Justin C. Jones, Robert N. Muraski,

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Continuing Legal Education The Standing Subcommittee on Proposed Rule Amendments continued to monitor and report to Committee the full Committee on proposed changes in federal The CLE Committee focuses on providing, on rules. Additionally, in an effort to further its coor- behalf of the OSB members, both input and feed- dination with the Local Rules Committee, back to the OSB CLE department program man- Chairperson Jim Hiller was contacted several times agers with respect to CLE Seminars and during the year to update the Committee on local Publications. The CLE Committee has the follow- rule developments and issues of concern. ing active subcommittees for furthering these The Committee also followed developments objectives: concerning electronic discovery, including amend- Financial Analysis ments to the Sedona Principles (electronic discovery guidelines developed through the Sedona Section and Member Relations Conference) as well as recent case law. Judge Technology, Delivery of Services, Future Trends Janice Stewart was solicited to join the Committee Topic and Human Resource Development based upon her knowledge of these issues. The Committee will continue to analyze this emerging During 2004, the main activity was reviewing area of the law with the possibility of proposing OSB Staff Reports regarding Seminars and electronic discovery guidelines for adoption by the Publications while providing input and oversight district court. on Seminars and Publications. An emphasis will be made on collecting annual reports from sections The Committee also spent substantial time ana- regarding diversity characteristics of CLE speakers, lyzing several Congressional proposals to split the authors, and planners. Ninth Circuit. Judges O'Scannlain and Redden appeared before the Committee to speak in favor Respectfully submitted: Sheila Dale (CH), Justus of the split. Judge Kozinski graciously appeared by Buck Humphreys (SEC), Robert G. Burt, video teleconference to express his opposition to Roland A. Johnson, Robert LeChevallier, any change in the Circuit. Numerous letters, arti- William A. Masters, Josh Newton, Harry M. cles, and statistical materials were reviewed and Auerbach, Steven A. Chase, Kathleen A. analyzed concerning the Circuit's efficiency, size Cushing, John Jacobson, Michael Opton, Jenna and other characteristics. The Committee will be Mooney, Roger Saydack, Victor Tiscornia, polled in December regarding whether it should Gerry Gaydos, (BC), Linda Kruschke (BL), make a recommendation to the Board of Karen D. Lee (BL) Governors concerning proposed changes in the Ninth Circuit. Federal Practice and Procedure Finally, the need for greater participation by Committee federal practitioners in the "Saturday Session" was discussed. This is an annual meeting that is well The Federal Practice and Procedure Committee attended by the federal judiciary and it provides a ("Committee") regularly met at noon in the federal valuable opportunity for interaction between the courthouse on the second Wednesday of each bench and the bar. A conclusion was reached that month in 2004, except for the months of January, earlier and more frequent publicity concerning this July, and August. The Committee's major activities annual meeting was needed. OSB print publica- are outlined below. tions and other communications tools should be utilized to give better notice of this important annual event.

5 2004 Committee and Section Annual Reports

Respectfully submitted: Michael G. Hanlon opinions. The committee will continue this work (CH), Jeffrey Stewart Love (SEC), Carolyn next year and will submit the completed set of Alexander, Charles Gorder, John Langslet, updated opinions to the Board of Bar Governors Andrew Reilly, Christopher Carson, Michelle for their consideration and approval. The commit- Holman Kerin, James Sutherland, Jeff C. tee recognizes and thanks committee member Peter Duncan Brecht, Thad Guyer, John F. McGrory, Jarvis for spearheading this massive undertaking. Dennis N. Balske, Hon. Trish M. Brown The committee received no new requests for (ADV), Hon. Garr M. King (ADV), Hon. formal opinions in 2004. One ethics opinion sub- Janice M. Stewart (ADV), Nena Cook (BC), mitted to the Board of Bar Governors last year was and George Riemer (BL). revised and subsequently approved by the Board in April (2004-175 Advertising and Solicitation: Lawyer Membership in Business Referral Clubs). Judicial Administration Committee The committee members themselves generated and In 2004, the committee embarked on an discussed numerous proposals for ethics opinions extremely large project to better educate the courts on a variety of topics. One such proposal resulted to help build stronger communities. The project in a draft opinion, which remained pending at consisted of months of information gathering and year's end. creating a handbook to be distributed to judges in Respectfully submitted: David Runner (CH), Oregon to aide in dialogue with civic groups and Janice Turner (SEC), E. Joseph Dean, Richard other organizations. Diaz, Llewellyn Fischer, Christopher Hardman, In 2005, the committee will work with the Bonnie Richardson-Kott, C. Lane Borg, board on judicial evaluations and legislative pro- Christopher Cauble, Mark Holady, William posals in the 2005 session that will impact the Kirby, Mark McCulloch, Wendy Baker, Peter courts and judicial system. Jarvis, Robert Simon, Frank Weiss, Gerry Gaydos (BC), and Sylvia Stevens (BL). Respectfully submitted: Tom Kranovich (CH), Marilyn Odell (SEC), Janine Blatt, Audun Sorensen, Douglas Bray, Bruce Rubin, Elmer Legal Heritage Interest Group Dickens, Hon. Dale Koch, Ken Crowley, Jay Chock, Debra Velure, Dave Hittle, Kristen During 2004, the Legal Heritage Interest Group David, Mary McCauley Burrows, Janine Blatt, scheduled four meetings. The main emphasis of the Michael Bloom, Michael Washington, Frank interest group throughout the year was the comple- Hilton (BC) and Susan Grabe (BL). tion, publication and subsequent marketing of the Oregon State Bar's history, Serving Justice, A History of the Oregon State Bar 1890-2000. For that Legal Ethics Committee reason, all of our meetings were held this year at the offices of the Oregon State Bar. In 2005, the The committee met six times during the year group expects to return to its pattern of meeting in and focused on reviewing and updating existing historic locales. ethics opinions in light of the anticipated adoption of the new Oregon Rules of Professional Conduct. Serving Justice was printed and arrived in time to The rules were adopted by the House of Delegates be featured at the Oregon State Bar Convention in in October 2004 and were approved by the Oregon October. A Marketing subcommittee had been Supreme Court later that month. By the end of the formed, chaired by Katherine O'Neil, a former year, the committee had reviewed and updated 95 member and chair of our group. Katherine is a

6 2004 Committee and Section Annual Reports member of the group's Advisory Panel and was Cathy Croghan Alzner (ADV), Carolyn Buan elected an "Honorary Member for Life" of the (ADV), Betty I. Crofoot (ADV), Prof. Tim group. Garrison (ADV), Fred A. Granata (ADV), Serving Justice's authors, the late Gordon Dodds Caroline Stoel (ADV), Bette L. Worcester and Cathy C. Alzner, have given the Oregon State (BC), Marlyce Gholston (BL), and Paul Nickell Bar a book of which it can be most proud. Besides (BL). being a visually beautiful publication, the contents collected therein will be of interest to lawyers, their friends and families, as well as scholars. In Legal Services Program Committee 2005 the group will continue marketing efforts and The Committee met five times during 2004. hopes to facilitate a continuing legal education The Committee also received a memo updating offering based on Serving Justice, perhaps focusing the members on a number of issues. on the bar's diversity history. The Committee took action on one issue over A second focus of the group is in the collection the course of the year and it is as follows: of oral histories from Oregon State Bar members at or after the time of their retirement. As the U.S. The issue was an ongoing concern from 2003 in District Court Historical Society has an active oral which a peer review of Columbia County Legal history program in operation, the group offered its Aid (CCLA) found that CCLA's pro bono pro- services in support of those endeavourers. After the gram did not meet the Legal Services Program emphasis on marketing Serving Justice has waned, (LSP) Standards and Guidelines. In 2003 the the group will renew its own efforts to insure oral Committee decided that CCLA must submit, to histories are also taken from lawyers who were not the LSP Committee, a compliance plan that would active in federal court. outline how CCLA would meet the program standards and spend down their surplus of cash assets. In addition, the group continued its efforts to This compliance plan had to be submitted by encourage, develop and recruit authors for articles December 31, 2003. in the OSB Bulletin's Legal Heritage column and solicited nominations for the OSB's awards. In CCLA submitted a compliance plan and on response to the latter goal, the group joined other February 24 it was approved by the LSP groups in the successful nomination of Katherine Committee provided that CCLA continued to O'Neil for the OSB Award of Merit. From our work toward program improvement and spending group's point of view, the main factor in down the budgeted surplus pursuant to the time- Katherine's nomination what her Herculean efforts lines set out in the plan. on behalf of the group in enabling the publication In April CCLA began discussions with Legal of Serving Justice. Without Katherine's leadership Aid Services of Oregon (LASO) to have LASO and persistive determination, the Oregon State Bar provide services in Columbia County and CCLA would not now be enjoying this beautiful and "first would in turn reimburse LASO with their surplus class" chronicle of its history. funds. On December 22, the LSP Committee Respectfully Submitted: David B. Avison (CH), approved a Memorandum of Understanding Janet D. Kreft (SEC), Jack Gore Collins, Dean between CCLA and LASO. Under the MOU, S. Kaufman, Deanna Page Laidler, Prof. Ron B. LASO agreed to provide the following service to Lansing, Linda Lorney Lindholm, Hon Edward CCLA and CCLA will reimburse LASO from Leavy, Johnston A. Mitchell, Jon J. Napier, Hon their surplus funds at the starting rate of $25,000 Owen M. Panner, Jennifer R. Roumell, S. Diane annually: Rynerson, Katherine O'Neil [HON], Prof.

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• Place a ½ staff attorney in the CCLA office Minimum Continuing Legal in St. Helens to provide direct services to clients. Education Committee • LASO staff familiar with pro bono systems The Minimum Continuing Legal Education will work with CCLA as needed to integrate Committee is an advisory body to the MCLE CCLA's pro bono resources into LASO's Administrator and to the Board of Governors. client services. During 2004, the Committee has: • Assist CCLA with setting-up administrative • Heard and made decisions on requests for systems that will accommodate the restric- review of MCLE Administrator decisions; tions of LASO's funding. • Considered and recommended changes to Respectfully submitted: Larry Rew (CH), Howard the MCLE Rules and Regulations; and Arnett (SEC), Stephen Walters, Douglass • Continued to develop expertise regarding the Schmor, Kent Thurber, David Ross, William MCLE programs in Oregon and in other Van Atta, Anne Kelly Feeney (PM), Ron Chase jurisdictions. (PM), Lisa LeSage (BC), and Judith Baker (BL). The rule revision process that we began in 2003 was completed. Transcript reporting of MCLE credits is getting closer to implementation. Thanks Medical Profession— to creative activity by the Board of Governors, responsibilities of the Committee attracted the Joint Committee attention of many bar members and helped us The Medical Profession (Joint) Committee is achieve our goal of communicating with the mem- comprised of attorneys and physicians. The com- bership regarding changes. The new diversity edu- mittee serves as a liaison between the medical and cation rule continued to present issues for legal professions. The Committee mediates dis- Committee consideration, but the number of ques- putes, on a voluntary basis, between members of tions and problems presented seems to be declin- the professions consistent with the letter and spirit ing. Continuity remains a challenge as for consecu- of the Joint Statement of Principles adopted by the tive years the outgoing chair is leaving the OSB and OMA. The Committee did not have to Committee, but the Committee has attracted some meet during the current year. very able and committed new members. The Committee is also charged with providing The function of the MCLE requirement is to educational opportunities for HIPAA. Members of maintain and enhance the currency and compe- the Committee met with various working groups tency of Oregon lawyers in the substantive areas, regarding the future implementation of HIPAA including the ethical rules, governing the areas in regulations. which they practice. In the year ahead, the Committee will continue to assist the MCLE Respectfully submitted: Douglas Schaeffer(CH), Administrator in developing and carrying out a Michael Crew (SEC), Mary Pool, Keith Bauer, work plan to meet performance measures and to Robert Cowling, Margaret Maguire, Paul Frisch, achieve goals set by the BOG. Meetings will con- (OMA)John Enbom (BC), and Scott Morrill tinue to be quarterly, or at the call of the (BL). Administrator or the Chair. We again suggest a study on the extent to which various CLE requirements improve, or fail to improve, attorney competence.

8 2004 Committee and Section Annual Reports

Respectfully submitted: Keith Mobley (CH), Lois • Developing a brochure to market the Pro M. Cole (SEC), Stace Gordon (PM), Laura H. Bono Roll Call and the pro bono web site. Kosloff, Thomas M. Ryan, Ellen M. Voss, Gerry • Coordinating with the OSB New Lawyers Gaydos (BC), and Sylvia Stevens (BL). Division's Pro Bono Challenge to get lawyers to report pro bono hours. Pro Bono Committee The publicity and lawyer involvement subcommittee also spent a considerable amount of time The Pro Bono Committee met 12 times in continuing last year's efforts to develop and pro- 2004. In light of our Committee's new charge for mote a model pro bono policy for law firms. These 2004 (which includes a general charge and specific efforts include drafting a model policy and coordi- program outcomes relating to the institutionaliza- nating efforts with the Multnomah Bar tion of a pro bono culture in the State, the Association's Young Lawyers' Section. expanding of pro bono services at the local level, The judicial involvement subcommittee was and the solicitation of nominations for lawyers also active. Its accomplishments include: committed to pro bono work), our Committee divided up into subcommittees assigned to work • Meeting with judges from Multnomah on: (1) publicity; (2) promoting judicial involve- County and NE Oregon to gather input ment; (3) promoting lawyer involvement; and (4) regarding how judges can promote pro bono. coordinating efforts between pro bono committees. • Submitting a list of judicial activities to Subcommittees (1) and (3) later merged into a sin- ethics committee of the judicial conference gle subcommittee devoted to reaching out to for opinion. lawyers in the State through a variety of means. • Working to get a presentation made at the The publicity and lawyer involvement subcom- annual, state-wide judicial conference. mittee was probably our most active subcommittee. Its accomplishments include: Finally, the coordination subcommittee was very successful in working with local committees and • Having the December bar Bulletin dedicated organizations including our Committee, Legal Aid to pro bono. Services of Oregon, the OSB New Lawyers' • Developing the OSB Pro Bono web site and Division Pro Bono Committee, the MBA's Young making a wealth of information available on- Lawyers' Section Pro Bono Committee, and pro line, including an updated Volunteer bono coordinators from each of Oregon's law Opportunities Handbook. schools. A joint committee was created with representatives from each of these groups. This joint • Preparing presentations (for judges, lawyers committee has met and will continue to meet on a and law students) to promote volunteer regular basis to coordinate the various groups' opportunities and the Pro Bono Roll Call efforts. (reporting hours). The Committee notes that the lack of funding • Working with OSB Section newsletters to for the Committee places constraints on the advertise the Pro Bono Roll Call and the pro Committee's ability to conduct activities support- bono web site. ing pro bono programming. • Coordinating with sections and OSB func- The Committee notes that one problem for new tions to schedule public speaking opportuni- pro bono volunteers is the lack of mentors in the ties using the pro bono presentations. area of law in which the OSB member is volun-

9 2004 Committee and Section Annual Reports teering. The Committee discussed development of services providers and other organizations a resource manual listing not only the pro bono across the state. programs and opportunities available, but also OSB • The Committee should continue to refine its members willing to assist volunteers in the substan- message to the legal community at large, tive area of law of the pro bono service. Mentoring finding ways to develop a more sophisticated could include "field trips" with volunteers to court understanding of the factors that motivate proceedings in order to reduce volunteer trepida- certain lawyers and groups of lawyers (who tion for court proceedings. may share similar viewpoints because of The Committee has the following recommenda- shared circumstances or experiences) to pro- tions: vide pro bono services, and tailoring the • The Committee should continue to monitor Committee's message (or messages) accord- the pro bono volunteer opportunities and ingly. needs, possibly developing a resource book Respectfully submitted: Mark Friel (CH), Jeffrey listing pro bono opportunities as well as Lindberg (SEC), Betty Crofoot, David Ellis, mentors in the substantive areas of law of pro Arron Guevara, Michael Guy, Janay Haas, Ryan bono service. The Committee should review Kahn, Cathy Keenan, Bradley Maier, Beverly other means of encouraging pro bono partici- Pearman, Jeffrey Pitzer, Daniel Reising, Vincent pation, including CLE credit for some pro Salvi, Laura Schantz, and Matthew Wilson, Lisa bono activities, conducting a study to deter- LeSage (BC), Judith Baker (BL), Leila Borazjani mine how to increase pro bono service, pro (Law Student). bono mentor assignments and activities, BOG adoption of a model law firm pro bono policy, presentation at the Learning the Procedure & Practice Committee Ropes CLE, and other possible programs and forms. The Procedure & Practice Committee has been monitoring and reviewing legislative proposals that • The Committee should continue to assist the affect Procedure and Practice issues in Oregon. Campaign for Equal Justice with legal services fund-raising efforts, especially targeting The Procedure & Practice Committee submit- OSB leaders to contribute to CEJ. ted one bill to the 2005 Legislature. LC 472 would modify existing statute to allow an extension of • The Committee should continue to monitor the statute of limitations upon attorney's death legislative and legal developments regarding under certain circumstances. The Procedure and legal services funding. Practice Committee also submitted a suggested • The Committee should continue its work amendment to ORCP 54:E Offer of Compromise with Oregon law schools to develop coopera- to the Council on Court Procedure. tive programs to recognize Oregon law stu- Along with the legislative proposals the dents that provide pro bono services and Procedure & Practice Committee has liaison encourage increased law student pro bono assignments with the following groups: 1) Uniform participation. Trial Court Rules (UTCR), 2) Council on Court • The Oregon State Bar should hire a full time Procedures (CCP) and the 3) Chief Justice's Civil pro bono coordinator to spearhead OSB Law Advisory Committee (CJCLAC). activities to promote increased pro bono par- The committee will continue to explore issues ticipation, and assist with coordination of that affect the practice of law that arise out of the pro bono programs and activities among legal

10 2004 Committee and Section Annual Reports legislative process and case law. Furthermore, the • Staff decisions regarding Lawyer Referral committee will continue to provide liaison to the Service panelist eligibility; Council on Court Procedures, Chief Justice's Civil • Online lawyer referrals; Law Advisory Committee, and the Oregon Law Commission. • Encouraging barmembers to participate in public service and public education pro- Respectfully submitted: Stuart Brown (CH), grams; Michael Zusman (SEC) Brian Dretke, John Coletti, Carl Kiss, Alex Libmann, Richard • Lawyer Referral Service consultation fees, Roseta, Everett Jack, Richard Weill, Allyson including whether to raise the $35 initial Krueger, Christopher Morgan, Scott Pratt, consultation fee; David Morrison, Ron Bryant (BC), and Jill • Modest Means Program panelist recruitment; Mallery(BL). • Lawyer to Lawyer panelist recruitment; • Radio advertising; Public Service Advisory Committee • OSB web site links; The Public Service Advisory Committee advises • Updating the book, Legal Issues for Older the Board of Governors and Oregon State Bar staff Adults; on public service issues and priorities to assist the • Lawyer Referral Service/Modest Means barin achieving its public outreach and education Program staff training; goals. In general, the Public Service Advisory Committee seeks to act as a sounding board and • The Bar's Problem Solvers Program for provide advice in two primary areas: public educa- teenagers; and tion regarding available legal resources and the • Public surveys regarding, among other things, provision of legal services to the public. attitudes toward lawyers and the American In particular during 2004, the Public Service legal system. Advisory Committee provided advice regarding Respectfully submitted: Jeff Olson (CH), Steven the following topics, among others: Todd (SEC), Alice Bartelt, Glen Downs, • The development of the North Coast Legal Jeannine Ferguson, William Walsh, John Project, a proposed low-income legal clinic; Connors, Paula Hammond, Christy Monson, Nichole DeGroodt, Sonya Fischer, Thomas • The provision of legal services to lower Rayhel, John Schroedel, Donald Hopkins (PM), income clients using a sliding fee scale; Albert Menashe (BC), and Kay Pulju (BL). • The use of discrete task representation and limited attorney advice in an effort to mini- mize attorney fees for lower-income clients; • The Bar's Tel-Law and Web-Law programs, including updating the programs' scripts; • Pro bono/pro se assistance, including via the Military Assistance Panel; • Educating lawyers as to when Professional Liability Fund coverage is not necessary;

11 2004 Committee and Section Annual Reports

Quality of Life Committee has been contacted; publication is expected in March 2005. The Quality of Life Committee held seven C. The Law School Presentations meetings during 2004. At the start of the year, the Subcommittee focused on making presenta- Committee's goals were: tions to law school students on quality of life A. Outreach to members of local bar associa- issues involving financial planning and stu- tions and establishment of mentoring oppor- dent loans. Presentations will have a panel of tunities via Community Building speakers including members of the commit- Subcommittee. tee and outside financial planners. It was B. Submit at least two articles for publication in originally anticipated that presentations The Bulletin or other OSB publication(s). would be made at the three Oregon law schools in Fall 2004, however, due to C. Presentations to law schools (financial plan- changes in some of the law schools' sched- ning; maintaining balance). ules, it is now anticipated that two of the D. Update and maintain web site. presentations will be made in Spring 2005. A presentation concerning Financial Planning Substantial progress was made in the following was made to Lewis & Clark law school in areas: October 2004. Once all of the presentations A. The Community Building Subcommittee have been made, the Committee will consid- focused on initiating contact with local bar er publishing an article based on the content presidents. We completed the mock script of the presentations. that was in progress at the end of last year. D. The web site was updated to include a cur- All committee members were asked to con- rent roster of Committee members. Although tact several local bar presidents and establish the Committee continues to lack a member liaisons between the committee and the local that has the design skills necessary to update bar associations. After initial contact was the web site, the Committee evaluated the made, committee members were asked to fol- web site and made recommendations for low up with e-mails to the established improvements. liaisons. A list of established liaisons will be created for follow-on projects. It is anticipat- Respectfully Submitted: Tamara Lewis (CH), ed that this project will continue into the Thomas Smith (SEC), Tonya Alexander, Mary new year, with the focus changing to the Overgaard, Jerry Hodson, Elizabeth Semler, work of building and improving a sense of Marilyn Podemski, James Jennings, Herbert community within the bar now that liaisons Harry, Gail Young (PM), Mike Long (OAAP), have been established. Shari Gregory (OAAP), Jonathan Hill (BC) and Stacy Hankin (BL). B. The Articles Subcommittee focused on researching, writing and publishing an article about law firms that have been selected as great places to work, and what those law firms do to address quality of life issues and keep their employees satisfied. Interviews were conducted with several local and out- of-state law firms, and preparation of the article is in process. The OSB Bar Bulletin

12 2004 Committee and Section Annual Reports

State Lawyers Assistance Committee Uniform Civil Jury Instructions

During 2004, the committee received new refer- Committee rals from judges, attorneys, and the Bar. Each refer- This year the committee held a total of 12 ral was investigated in accordance with procedural meetings. With the exception of one meeting in goals adopted by SLAC in 2001. The committee Eugene, all the meetings were held at the Oregon continues to accept jurisdiction and to monitor State Bar offices in Lake Oswego. remedial programs for several attorneys. Other investigations resulted in the committee declining The committee made significant revisions to 14 jurisdiction. SLAC has been discussing with existing instructions. The subject matters of those Disciplinary Council whether there is a role for revised instructions included worker's compensa- SLAC in the Bar's new diversion process and this tion discrimination, loss of consortium, and dis- discussion remains ongoing. This past year, SLAC ability discrimination. The committee made less has focused on amending the bylaws to enable the significant revisions to 34 existing instructions in committee to become more effective in how each order to clarify language, to update statutory refer- case is reviewed and monitored. A specific provi- ences, and to conform instructions or comments to sion of the amended bylaws included an extended case law. The committee withdrew four instruc- two-year term of the Chair, to add a more thor- tions relating to whistleblower liability because the ough level of continuity and organization due to Legislature committed such matters to the court, the long-term nature of our caseload. and not to a jury. SLAC has also discussed the invaluable assis- In addition, the committee made substantial tance provided by the OAAP and our goal this progress in completing a multi-year project to year is to reach out to the OAAP in a more effec- update and reorganize the Red Book so that the tive and comprehensive manner to assist us in instructions and comments contained therein are effectively providing services to attorneys in need legally and substantively up to date. As a part of and to protect the public pursuant to our bylaws. that review of the Red Book, the committee SLAC had a very busy year and had many success reviewed dozens of instructions for accuracy. The stories, however, an attorney monitored by the committee also continued the process of attempt- committee passed away unexpectedly recently and ing to simplify language of the instructions to make this devastating impact on our committee has them more easily understood and readable by increased our level of concern for our bar member- jurors. ship and our level of commitment in terms of edu- The OSB publications staff has indicated that cating the bar on the resources provided by this the revisions are expected to be published in 2005. committee. Respectfully Submitted: Bruce C. Hamlin (CH), Respectfully submitted: Susan R. Gerber (CH), Jeffrey D. Capps (SEC), William G. Blair, Peggy Calvin Souther (SEC), Hon. Eveleen Henry, S. Foraker, Marilyn E. Litzenberger, Phylis Richard Lee Barton, Kelly W.G. Clark, Douglas Chadwell Myles, Sharon A. Rudnick, Megan B. D. Hagen, Andrew Burns, Michael Seidel, Annand, Jan K. Kitchel, Christopher P. Koback, Douglas Querin, Donald Muccigrosso (PM), Dr. Jay W. Beattie, Scott N. Hunt, Neil W. Jackson, Eugene Minard (PM), Shari R Gregory (PLF John T. Kaempf, Jennifer K. Oetter, Mark liaison), Michael Long (PLF Liaison), Bette L. Comstock (BC), Linda Kruschke (BL). Worcester (BC), Sylvia E. Stevens (BL).

13 2004 Committee and Section Annual Reports

Uniform Criminal Jury Instructions Trends Committee In the complaints referred for investigation, as well as in the matters that were inquiries, a num- In 2004 the committee met monthly and added ber of substantive issues commonly arose. We saw new instructions regarding identity theft and other the following trends in 2004: various crimes. More significantly the committee • Multijurisdictional practice – Many of our provided a framework of Jury instructions for envi- issues and discussions concerned practition- ronmental crime. ers in other states, and whether their con- Respectfully submitted: William Meyer (CH), duct violated Oregon law. Jennifer Lloyd (SEC) , Mitch Lampson, David • Bankruptcy – A large number of cases Angeli, Ho Peter Evans, Ethan Knight, Andrew revolved around bankruptcy filings, advice Kohlmetz, Lisa Ludwig, Doug Marteeny, concerning bankruptcy, and other issues and Michael Slauson, Bruce Tarbox, Cheryl documents related, or potentially related, to Albrecht, Guy Greco, Rankin Johnson, Lauren bankruptcy. Paulson (BC), and Elise Gautier (BL). • Professional Crossover – We saw cases involving professionals in a variety of other Unlawful Practice of Law fields, including tax advice and tax planning, Committee labor and employment, insurance, and financial and investment advising. The Unlawful Practice of Law (UPL) • Collections - Several cases raised issues and Committee met each month (12 times) during concerns in a relatively new area concerning 2004, to discuss issues related to the unlawful prac- collections activities, assignment, factoring, tice of law and recommend action in cases investi- and work of collection agencies. gated by Committee members. In the next year, the Committee will continue to work on resolving Investigations cases in a timely fashion, resolving older cases, and Current Year: filling the positions that come open during the year. As of the date of this report, 78 new matters had been referred to the Committee for investiga- Committee Membership tion in the year 2004. This reflects an increase of almost 22% over the number referred in 2003, During 2004, the complexion of the Committee when the Committee received 64 referrals for changed somewhat. We saw the usual amount of investigation. During 2004, the Committee turnover, replacing over three members. However, resolved 62 investigations as follows: the steady, experienced core remained during the year, continuing to contribute their hard work and New matters in 2004: 78 experience for the benefit of the Committee and Resolved For the Year 2004: ultimately consumers. In filling vacancies, we con- Dismissal 15 tinued to strive for geographic and substantive Notice Letter 10 diversity, and were successful in adding new skill Admonition Letter 18 sets. Cease and Desist Agreement 4 Referred for Prosecution 15* Total 62 * Does not include unassigned matters.

14 2004 Committee and Section Annual Reports

The number of matters referred for prosecution Cease & Desist agreements . . . 3 includes many files relating to the same respon- Prosecution ...... 16 dent, such as Layne Barlow and Paul Michael Other pending status ...... 1 Moore. This does not reflect an inappropriate ten- dency toward prosecution, but rather the ongoing Legislative Matters conduct of repeat offenders—another concern and The Committee formed a group to review the issue the Committee wrestled with frequently. Bar issue of licensing and regulating paralegals. This staff continued to do an outstanding job in 2004 group was lead by Tom Howser. After identifying recruiting volunteers to prosecute UPL cases. key resources, initial review and consideration, However, this was a topic of frequent discussion, evaluation of the pressing legislative and bar- and one which impacted the Committee’s deci- imposed timelines, and consultation with bar staff, sions on whether to prosecute a case. The this project was held for future Committee consid- Committee generally shares the bar staff’s concerns eration and review. about this issue and believes we will see this as a challenge again in 2005. Relationships As of December 2004, the following reflects the The Committee also discussed and worked to status of the UPL cases: develop and maintain good relationships with Year End 2004 Pending Matters: other agencies and entities that share enforcement authority. This included making well-reasoned Unassigned matters ...... 9 decisions about when to avoid duplicating efforts Total Outstanding Investigations . 49* and when the Committee should spend spare Breakdown by year of complaint: resources on prosecution. Of particular import to 2002 ...... 2 the Committee are the Oregon Department of 2003 ...... 10 Justice, local district attorneys’ offices and local 2004 ...... 37 judges the Oregon Department of Consumer and C & D Pending ...... 3 Business Services, the Secretary of State, the Referred to BOG ...... 3 Construction Contractors’ Board, and the Federal In Prosecution ...... 14 Trade Commission. * Does not include unassigned matters. Review of Prior Years Submission We have continued to see a rise in complaints This report was prepared by Michelle Teed and investigations—evidenced by some of our (2004 Chair) on January 7,2005. Respectfully sub- reported figures for prior years: mitted on behalf of all members who served on the Committee and the officers including Dan Drazan Matters referred for investigation: (Chair Elect) and Robyn Stein (Secretary). 2003 ...... 64 2002 ...... 58 Respectfully submitted: Michelle Teed 2001 ...... 46 (CH),Daniel Drazan (Ch-Elect), Robyn Stein 2000 ...... 27 (SEC), Bruce Bornholdt, Kurt Hansen, Lawrence Mann, Noel Snyder, J O’Shea Cases Disposed of in 2003: Gumusoglu, Elizabeth Aronoff, Christine Coers- Complete resolution: ...... 37 Mitchell, Robert Schulhof, Thomas Howser, Waiting final action ...... 20 Kathleen Johnson, Trent Whitford, Theresa Pending as of year-end 2003: Wright, Gregory Sackos (PM), Dean Dailey Outstanding Investigations . .43 Hollomon (PM), Frank Hilton, (BC), Linn Dion Davis (BL).

15 2004 Committee and Section Annual Reports

16 2004 Committee and Section Annual Reports

Sections

Administrative Law Section Continuing Legal Education On October 30 the section co-sponsored a CLE Executive Committee 2005 as approved at the with the Oregon Association of Administrative Annual Business Meeting, November 5, 2004: Law Judges and Willamette Law School entitled, Chair: Lorey H. Freeman "Delivering Justice in Administrative Chair Elect: Ann Fisher Decisionmaking in Oregon." It was well attended Past Chair: Lorey H. Freeman and generated some additional revenue for the section. Treasurer: Thomas Ewing Secretary: Michael Campbell Budget At Large: Janice Krem; Philip Campbell; The section expects to close the year with a Mary Nester; Timothy Sullivan; carry-over balance of $3,334. Steve Rissberger; Sandra Hansberger; Louis Savage Proposals for Next Year Executive Committee The section intends to continue publication of The Executive Committee met six times during newsletters and make improvements to its web site. the year at the offices of the Oregon State Bar. It also hopes to sponsor additional opportunities for section members to socialize. Subcommittees There are two CLEs in development for 2005. The newsletter committee, chaired by Tim One addresses issues related to judicial review of Sullivan, produced four outstanding newsletters. Orders in Contested Cases after the Court of The Administrative Law Section's Deskbook is Appeals decision Norden v. Water Resources Dept. being updated under the guidance of Janice Krem. and the other will cover judicial review of state It is hoped that the latest version will be available agency actions generally. in early 2005. Three legislative proposals were pre- During the 2005 legislative session the session filed by the Judiciary Committee at the Legislation and Rules Committee expects to move OSB Annual Meeting. The legislative committee, forward on its legislative proposals as well as bills chaired by Janice Krem has already invested a great which impact the substantive law or practice. deal of time in those proposals which remain works Beginning in 2005, the section has added a line in progress. item to its budget for a $500.00 contribution to the Campaign for Equal Justice. This was approved Annual Meeting without dissent by the Executive Committee. The annual meeting was held on November 5 Respectfully submitted: Lorey H. Freeman (CH), at the offices of the Oregon State Bar. The treasur- Lane H. Shetterly, (Past CH), Thomas E. Ewing er's report was received and new officers and at- (TR), Ann L. Fisher (SEC), Michael R. large members elected. Patrick Allen, Campbell, Janice Krem, Mary A. Nester, Steve Administrator of the Office of Regulatory Rissberger, Philip Schradle, Fancine Shetterly, Streamlining made a presentation on the work of Timothy M. Sullivan, Jonathan P. Hill (BC), Jill his office followed by healthy debate among sec- R. Mallery (BL). tion members.

17 2004 Committee and Section Annual Reports

Admiralty Section 2005 Executive Committee: Chair: Jean Underhill Wilkinson This past year the Admiralty Section addressed its identity. Dormant for a number of years, it Chair Elect: Joe Hobson found itself in jeopardy of being "deep sixed" by Past Chair: Jesse D. Lyon the bar. A call to arms was answered and on Aug. Treasurer: George L. Anderson 6, revitalization resulted at a luncheon meeting Secretary: David Smiley hosted by the Miller, Nash firm. A vote was At Large: Steven Shropshire, David recorded (unanimous) to preserve the section, Simon, Bob Butler, Chuck eschewing abolition or merger. Toole, Larry Rew An annual meeting ensued on Nov. 9, hosted by the Wood, Tatum firm. The agenda included Web site: election of officers (see below), and a CLE hour http://www.osbaglaw.homestead.com/contact.html presented by the (near) pre-eminent Carl Neil: "Take It To The Limit One More Time." E-Mail List Serve: [email protected] Collegiality fueled the camaraderie that flowed thereafter at the hosted reception. The section has Section Overview adopted an "in for free" program, whereby any new The Agriculture Law Section of the Oregon (or fallen away) members enjoy a year free of dues State Bar is one of the smaller sections of total if sign up is done by the end of January. members, but particularly at the Executive Respectfully submitted: Dennis R. VavRosky Committee level is very active. Because (CH), John J. Breiling (TR), Ky Fullerton Agriculture is diverse based on its crops and live- (SEC), M. Christie Helmer, Darien S. Loiselle, stock and doing business in every county in Nancy R. Walseth, Linda K. Eyerman (BC), Oregon, it is difficult to hold meetings in one loca- Sarah Hackbart, (BL). tion that can reasonably be attended by the members. Attempts have been made to hold such meetings at the OSB Annual Convention, but the Agricultural Law Section attendance has been very low. It is not even really practical for the Executive Committee of the to Section Information meeting together in one physical location. It has become clear that conference call meetings are Members: 132 effective and well attended by the Executive Annual Dues: $15.00 Committee. Such meetings are held monthly. The has in the past and will continue in the future to 2004 Executive Committee: monitor(read the tea leaves) of the Agriculture law and provide information to the practitioners that is Chair: Jesse D. Lyon unique to the Agricultural legal field. Chair-Elect: Jean Underhill Wilkinson Past Chair: Lawrence B. Rew 2004 Activities of the Section Treasurer: George L. Anderson • The invited Brent Searle, communications Secretary: David Smiley director for the Oregon Department of At Large: Steven Shropshire, David Agriculture, to participate monthly in the Simon, David Leonard, Chuck executive committee conference call to dis- Toole, Bob Butler seminate (and receive) information of impor-

18 2004 Committee and Section Annual Reports

tance to (and from) agricultural lawyers in Alternative Dispute Resolution the state. All section members are invited and welcome to listen to the group's telecon- Section ferences, and these reports are shared month- The Executive Committee of the ADR Section ly (with the executive committee minutes) continued its tradition of monthly meetings to all section members. throughout the year. Many of the meetings were • The section contracted with Weisha Mize to several hours in length as we found ourselves make available Oregon Water Resources immersed in discussion and action in the fields of Department(WRD) water rights and similar mediation, arbitration and other dispute resolution decisions from the Department on a web site processes and topics. accessible to members of the Oregon State They published two newsletters on a wide vari- Bar as well as others. An arrangement has ety of topics, including "Mindfulness," "The been reached which is a combination of the Uniform Mediation Act and Oregon Law," and WRD putting on the Office of "Mediator as Diagnostician." The ADR Newsletter Administrative Hearings web site all contest- continues to be mailed to all members of the and ed proposed and final orders since 1990 can also be found on the web site at (except Klamath cases). Additional funding www.osbadr.homestead.com. will be necessary to complete the project and also to accomplish the stated goal of creating They spent considerable time in the following a digest of significant pre 1990 cases. The areas: section will continue to solicit the support of • Participating in the development of Uniform other sections and law firms with an interest Trial Court Rules as they relate to mediation in water law. within the court system; • The section hosted a CLE at the OSB • Surveying our membership and providing Annual Meeting. The primary substantive information concerning the Uniform topic concerned the development and nego- Mediation Act; tiation of agricultural conservation ease- • Working with the Oregon Mediation ments. Presenters were Larry Rew, Chuck Association as they contemplated changes to Toole, and Kelly Struhs. Environmental and their Core Standards of Practice; Real Estate section members were also invited. The CLE also offered an update on the • Exploring the possibility of introducing newly-available WRD case resources (David expanded "apology" legislation; and Leonard and Weisha Mize), and a presenta- • Learning about and supporting efforts to con- tion by Brent Searle about ODA resources tinue funding for non-court ADR programs available to lawyers in our section. (which were part of the now defunct Dispute Respectfully submitted: Jesse D. Lyon (CH), Jean Resolution Commission); Underhill Wilkinson (Ch-Elect), Lawrence B. In November, they also held a CLE in conjunc- Rew (Past CH), George L. Anderson (TR), tion with the Oregon Mediation Association's David W. Smiley (SEC), Robert D. Butler, Conference. Our panels were "Lawyers, Mediators William M. Ganong, Steven J. Joseph, David H. and Social Capital: Intersections & Challenges;" Leonard, Steven L. Shropshire, David R. "Women Lawyers: Impact to the Legal Profession Simon, Charles K. Toole, Scott Warner, Ronald and Mediation," and "Oregon and the Uniform L. Bryant (BC), Barbara Buehler (BL). Mediation Act."

19 2004 Committee and Section Annual Reports

Respectfully submitted: Jane Gordon (CH), Les ernment law practitioners generally. It was held as Swanson (CH-Elect), William N. Gross (Past a breakfast program at the Wells Fargo tower, and CH), Stanley A. Sitnick (TR), Alison S. Kelley was relatively well attended. (SEC), Jeffrey M. Batchelor, William J. Boyd, The second CLE was held in conjunction with Bradley L. Brown, Bethany Evans, Cynthia M. the Energy, Telecom and Utility Law, as part of Fraser, Susan M. Hammer, Rebecca H. Heirs, their annual retreat. Presentations were made by Kristena A. LaMar, Susan M. Leeson, Jim Sharon Nelson with respect to the Melamed, Lisa A. Peters, Suzanne Townsend, Telecommunications Act of 1996. The overall Lauren J. Paulson (BC), Sarah Hackbart (BL). retreat was relatively well attended, with a small number of antitrust practitioners attending the Antitrust and Trade Regulation program. Section The third CLE was held in conjunction with the annual meeting in October. The presenters were Professor Stephen Calkins and Michael Introduction Simon, who talked about case law and other This is the annual report for the Antitrust and antitrust issues and developments over the last Trade Regulation Section, outlining our activities year. The program was held at the new Perkins over the last year, and plans for next year. Coie office in the Pearl District, and was well attended. Membership 2004 Activities Section membership grew over the last year, and the Executive Committee saw some geograph- The Executive Committee also undertook sev- ic and practice diversity changes. Notably, the eral new projects on behalf of the section to includes several members outside of the Portland improve the benefits of membership: metro area, and in-house counsel. Nonetheless, the • List serve — A list serve was developed and membership continues to be concentrated in implemented, which will reach all section Portland. members, allowing them to communicate and share information directly on a real-time 2004 CLEs basis. The Executive Committee determined early in • Web site — The section's web site has been the year that it would seek to expand it's efforts at dramatically enhanced, including adding a offering CLEs, including presenting more pro- page of helpful links and sources for antitrust grams, on a wider range of subjects, and integrating information and case law, meeting dates and noteworthy speakers from outside Oregon where times, and soon materials from prior CLEs. possible and feasible. The Executive Committee • The Committee considered and discussed recognized this as a way to manage the relatively whether a newsletter would be feasible. large surplus and to offer more services to mem- Several Committee members explored this bers, and thus the sponsored three CLE programs idea with available staff. This concept was this year. not implemented primarily because dedicated The first was a bid-rigging program, presented resource could not be identified. by Andy Aubertine, Peter Goldberg, and Mark • The Committee considered and evaluated Anderson in March. The presentation was geared various donation and scholarship requests toward government procurement officers and gov-

20 2004 Committee and Section Annual Reports

over the year. For the most part, the Continuing Legal Education: Committee agreed that members did not anticipate their dues to be allocated to these May 26, 2004 at ODS Tower purposes, so they were not pursued. May 27, 2005 at Willamette Law School, Salem • The Committee began discussing the feasi- Advanced Mandamus Practice in the Oregon bility of hosting a writing competition. Two Supreme Court Committee members have been assigned to Keith M. Garza, Senior Staff Attorney, Oregon research this more fully and bring additional Supreme Court information to the Committee for discussion. • The Committee paid special attention to September 27, 2004 at ODS Tower projecting and managing finances this year, Internal Practices of the Oregon Court of Appeals to balance the efforts to manage the surplus Honorable Robert Wollheim, Oregon Court of and develop valuable programs for the mem- Appeals bers. This was successfully implemented, leaving them with a reasonable reserve for James Nass, Council for the Oregon Appeals the next year. Courts

2005 Planning November 12, 2004 at ODS Tower November 15, 2004 at Department of Justice The Executive Committee looks forward to continuing its efforts next year to present two to Preservation with the Honorable Rives Kistler, three CLE programs that will be of interest to sec- Oregon Supreme Justice tion and OSB members generally, responsibly man- Honorable Rick T. Haselton, Oregon Court of aging the budget, and coordinating where feasible Appeals Judge with other sections and program sponsors. The section provides bar members who share Respectfully submitted: Michelle Teed (CH), interests in this particular area of law with an Kristin Lee Cleveland (CH-Elect), Richard G. opportunity to develop and improve their skills. It Price (Past CH), Thomas Russell Johnson (TR), also provides them with a forum for communica- Scott G. Seidman (SEC), David Stanley Aman, tion and action in matters of common interest. Mark A. Anderson, Andrew E. Aubertine, Richard L. Baum, Christina Beatty-Walters, The section currently has 329 members and the Vincent F. Chiappetta, Kenneth Ray Davis, membership dues are $10 per year. Sheila Fox Morrison, David L. Silverman, Respectfully submitted: Jacqueline L. Koch, Darsee Staley, R. Alan Wight, Linda K. (CH), David Hittle, (Past CH), Robert K. Eyerman (BC), Chris L. Mullman (BL). Udziela, (CH-Elect), Michael C. Livingston, (TR), Keith M. Garza (SEC), Walter J. Ledesma, R. Daniel Lindahl, Scott Shorr, Bruce Appellate Practice Section L. Campbell, Maureen Leonard, Marjorie S. The Appellate Practice Section normally spon- Speirs, Thomas W. Sondag, Jeffrey M. sors several continuing legal education seminars Batchelor, Thomas W. Brown, M. Elizabeth each year and also publishes a newsletter for its Duncan, James W. Nass, Jane Ellen members. Stonecipher, Linda K. Eyerman, (BC), M. Kay Pulju,(BL).

21 2004 Committee and Section Annual Reports

Aviation Law Section Charles A. Sams, David J. Sweeney, Christine Tracey, Martin Schedler (ADV), Michael F. The Aviation Law Section meets at noon on Van Hoomissen (ADV), Phyllis J. Edmundson the last Tuesday of each month at the Oswego (BC), Sarah Hackbart (BL) Lake Country Club. The section periodically pro- duces a newsletter and discusses issues germane to aviation law specifically and the practice of law Business Law Section generally. The section co-sponsors the annual Pacific Northwest Aviation Law Conference with 1. Section goals and objectives for the period ending the Seattle-King County Bar Association - December 31, 2005. Aviation Section. • Continue to enhance and expand Business Specific Activities Occurring in 2004: Section web site. • Held its annual meeting at The Legends in • Promote alignment of Oregon Securities Act Portland. with the Uniform Securities Act, in conjunction with the Securities Law Section and the • Considered various legislative proposals. Public Affairs Committee. • Presented Martin Schedler with a Lifetime • Produce and deliver continuing legal educa- Achievement Award. tion programs to section members and the • The section developed an aviation law cur- bar on relevant and timely business-law riculum and course materials that were related topics. accepted by the Lewis & Clark Law School. • Continue outreach to non-Portland section The section will teach an aviation law course members with localized meetings, events and at the Law School in the 2005 Spring semes- mixers. ter. • Inform members of events, trends and devel- • Held noon CLE with guest speakers from the opments in business law and section matter FAA and medical field. via web site, newsletter (Oregon Business • Section donated aerial flights to the Oregon Lawyer, published 2-4 times per year), list Minority Lawyers Association Scholarship serve and blast e-mail messages. Fundraiser, which generated $575 to the MLA. 2. Committees • The section continues to be interactive with • Legislative: Andrew Morrow the Lawyer Pilot Bar Association, a national • Newsletter (Business Lawyer): Andrew association of lawyers specializing in Ognall Aviation Law and related fields. • Continuing Legal Education and Annual Respectfully submitted: Steven L. Myers (CH), Meeting: Ernie G. Bootsma A. Richard Vial (Past-CH), John C. Hutchison (TR), Patrick J. Kurkoski (CH-Elect/SEC), • Corporate Finance/M&A: Paul Migchelbrink John R. Barker, Donald B. Bowerman, Lance • Financial Institutions: Michelle Druce Caldwell, Thomas J. Flaherty, Jonathan M. Hoffman, Robert B. Hopkins, Barbara Ann • Business Practice Tools: Melissa A. Boge Jacobson, Timothy E. Miller, Philip A. Rush, • Regional Outreach: Jason M. Anderson

22 2004 Committee and Section Annual Reports

3. Legislative Contact: 1. February 11, 2004: What's Important to In- House Counsel – Speakers: Amy Peterson, Andrew Morrow Eric English and Simeon Rapoport 4. Committee meeting schedule through December 16, 2. April 14, 2004: So You Think You Are Going 2005. to Trial? — Speakers: Honorable Wallace P. Carson and Honorable Dale R. Koch Unless otherwise noted, all meetings will be held in Portland. 3. June 9, 2004: What Civil Litigators Should Know About Government Investigators – 1) December 17, 2004 (Arlington Club) Speakers: Marc Blackman and Joseph 2) January 21, 2005 (Ater Wynne) Arellano 3) February 18, 2005 4. September 15, 2004: The Weyerhaeuser 4) March 18, 2005 Antitrust Cases: Perspectives from Counsel for Plaintiffs – Speakers: Michael Haglund 5) April 15, 2005 5. November 10, 2004: What Every Lawyer 6) May 20, 2005 Should Know About Ethics Litigation – 7) June 17, 2005 Speakers: Jane Angus and Chris Hardman 8) July 15, 2005 (Ashland, OR) The Board has elected a new slate of officers whose positions will be effective January 1, 2005. 9) August 19, 2005 The entire Board will be meeting in January 2005 10) September 16, 2005 for our annual planning session. Topics for this 11) October 21, 2005 meeting will include: 12) November 18, 2005 1. Planning CLEs for the 2005 calendar year. 13) December 16, 2005 2. Reviewing web site capability and opportunities through the Oregon State Bar. Respectfully Submitted: Brentley M. Bullock 3. Discussing potential for CLE programs out- (CH), Timothy J. O'Hanlon (Ch-Elect), side of Portland. Catherine A. Shaw (Past-CH), Jason M. Brauser (TR), Brenda L. Meltebeke (SEC), 4. Discussing potential for half or full day CLE Jason M. Anderson, Vicki A. Ballou, Patricia L. program. Chapman, Mitchell E. Hornecker, Anthony R. 5. Discussing ways to increase membership. Kreitzberg, Jeffrey F. Nudelman, Andrew H. This does not at this time anticipate proposing Ognall, Claire J. Philpott, Robert A. Stout, any new legislation. Gerry Gaydos (BC), Paul Nickell (BL). Respectfully submitted: Steve D. Larson (CH), Julie R. Vacura (CH-Elect), Loren D. Podwill Business Litigation Section (Past CH), Christopher T. Carson (TR), Bruce H. Cahn (SEC), Joseph C. Arellano, Paul W. During the past year, the Business Litigation Conable, Keith S. Dubanevich, Mary Ellen Section has focused on maintaining and improving Page Farr, Roxanne L. Farra, Julie Bardacke the quality of its popular mini CLE series. The fol- Haddon, John F. McGrory, Lynn R. Stafford, lowing CLEs were held in Portland this year: Jonathan M. Radmacher, Dennis P. Rawlinson (BC), Teresa Wenzel (BL).

23 2004 Committee and Section Annual Reports

Civil Rights Section arrested by the FBI just weeks following the section's Patriot Act forum - and later In 2004, the OSB Civil Rights Section accom- released after it was determined that the FBI plished the following: fingerprint identifications were incorrect, • Put on three major CLEs, the first two of which along with his criminal and civil attorneys were free and open to the public: Steven Wax and Elden Rosenthal, and on the gay marriage litigation Oregon ACLU Civil Liberties After 9/11 and the USA executive director David Fidanque and attor- Patriot Act ney Kelly Clark Featuring the author of the Patriot Act - • Transcribed and posted on the section's web site Viet Dihn, United States Congressman Earl the entire proceedings of the Federal Bar Blumenauer, United States Attorney Karin Association's forum on the Foreign Intelligence Immergut, ACLU national board member Surveillance Act Courts, which forum was held Charles Hinkle, United States Department in Portland last year, featuring presentations of Homeland Security counsel Tim Keefer, from the trial and appellate judges from the and Portland Seven criminal defense attor- secret FISA courts discussing the only published ney Kris Winemiller cases from those courts This was later broadcast on radio on Oregon • Produced and distributed a two part video of the Public Broadcasting as well as on cable tele- Patriot Act forum, which has been widely vision channels played on cable television stations throughout the state This is also available online on the bar's web site in streaming video format, and copies of • Produced and distributed videotapes of the the videotapes are available for purchase Traffic Stop CLE from the bar at a nominal cost • Produced several Civil Rights newsletters, distributed electronically, and Traffic Stops and Civil Rights • Donated $500 to the Campaign for Equal This community forum featured mayoral can- Justice. didate and former chief of police Tom Potter and explored the extremely sensitive civil Recognition of the Civil Rights Section's signif- rights issues in police stops and the use of icant work this year was reflected by: deadly force in Portland's minority community following fatal shootings during recent • Receipt of two OSB President's Membership traffic stops Service Awards Copies of the forum videotapes are available • Selection of the section's web site (on back- for purchase from the bar at a nominal cost ground material relating to the USA Patriot Act) as the "Ninth Circuit Web site of the Civil Rights, Civil Liberties…and Civil Unions? Week" by the U. S. Ninth Circuit Court of A Year of Civil Issues in Oregon Appeals web master. This CLE focused on developments since the As of September 30, 2004, the section's fund April 15 Patriot Act forum, as well as on the balance is $3,345. pending litigation surrounding the gay mar- Continuing its work in 2004 the Civil Rights riage issue this year in Oregon. It featured Section plans to: Oregon attorney Brandon Mayfield, who was

24 2004 Committee and Section Annual Reports

• hold a major practical skills CLE on Litigating Luncheon CLE's Section 1983 Cases During 2004, our members received a steady • continue publishing the Civil Rights newsletter monthly diet of informative and compelling lunch- • contribute to the Campaign for Equal Justice, eon CLE programs. We plan to continue present- and ing a strong luncheon CLE program in 2005, with added emphasis on practical skills-related pro- • monitor legislation and new cases that affect grams. civil rights. Respectfully submitted: John Clinton Geil (CH), Legislative Subcommittee Edward Johnson (CH-Elect), Carl Kiss (Past The legislative subcommittee, ably led by Prof. CH), Kyle B. Dukelow (TR), Dennis Steinman Lydia Loren, has made concerted efforts to make (SEC), Barbara J. Diamond, John M. Kreutzer, Oregon legislators aware of the section's presence Richard F. Liebman, Richard R. Meneghello, and its utility in regards to computer and internet- Katelyn S. Oldham, David D. Park, Lauren J. related legislation. During 2005, the subcommittee Paulson (BC), Kateri Walsh (BL). will continue to work to identify and comment upon legislation of interest to the section.

Computer and Internet Law Section Annual CILS CLE Programs The Computer and Internet Law Section In October, the section co-sponsored with the (CILS) strives to further the continuing education bar a full-day CLE program entitled "Technology and enhance the effectiveness of attorneys who to Market: Domestic, Federal and International practice in fields including computer and internet Legal Issues." This well-received program featured related issues. At its January 2004 kick-off meeting uniformly excellent speakers and content, and gen- the Executive Committee of the CILS agreed to erated positive feedback from the attendees. concentrate its efforts on improving upon the already high quality CLE programs presented to CILS Web Site the section and to providing additional value- Recognizing the rapid pace of the evolving body added practice aids through the development of a of computer and internet law, this year the CILS web site. This report provides details of the Executive Committee is focusing on developing a section's accomplishments toward those ends. web site to serve as an invaluable resource tool and practice aid for CILS members. The CILS web site Membership and Finance is nearly complete, and will feature links to other Although lean times have occasioned some fall resource sites, legal analysis, case law, news, CLE off in our section's membership (a decrease felt by programs, section events and other information many bar sections), at 285 members the CILS useful in the practice of computer and internet law. remains healthy and participation and interest in The members-only web site should be available for our CLE programs continues to run strong. Our section members before year-end. revenues remain stable, and the section is fiscally solid at year-end with a healthy fund balance to CILS Annual Meeting carry us into 2005. The section's annual meeting on September 21st at Pazzo restaurant was well attended and provided a low-key and relaxing environment for members to meet with the Executive Committee and network with colleagues.

25 2004 Committee and Section Annual Reports

The Future Oregon Convention Center. The program Every year the Executive Committee is faced addressed state and federal constitutional issues with the challenge of increasing the value of sec- regarding the debate over same-sex marriage. The tion membership for all of our members. The best CLE was well attended and well regarded. means for us to meet that challenge is to ensure On November 19, 2004, the section sponsored a that the energy and engagement of our member- full-day CLE program at the MAC Club. The pro- ship remains at a high level. Your active participa- gram featured national and Oregon speakers, tion in the section and its activities will continue including Professors Erwin Chemerinsky, Pamela to provide us with the feedback, support and direc- Karlan, and Garrett Epps. Professor Chemerinsky tion we need to provide only the highest quality reviewed the leading cases decided by the United programs and services. I encourage each section States Supreme Court in its October 2003 Term member to contact anyone on the Executive and previewed the key cases pending before the Committee for information on how to more Supreme Court in its October 2004 Term. actively participate. A list of the Executive Professor Chemerinsky also discussed the develop- Committee contacts may be found on our web site ing legal theory known as "popular constitutional- at www.osbcils.org. ism." Professor Karlan discussed key issues involved In closing, it has been a busy and rewarding in Supreme Court litigation over the constitution- time for me as Chair of the section. I was given a al right of "one person, one vote," especially politi- unique opportunity to work with an extremely tal- cal gerrymandering. Professor Epps gave a lunch- ented and energetic group on this year's Executive eon address discussing possible questions that the Committee. I want to thank all of them and you, United States Senate may choose to ask future our members, for your combined support and hard nominees to the United States Supreme Court. In work. Together we have once again delivered on a addition, a panel of distinguished state court jurists commitment for increasing value and promoting and practitioners discussed Oregon constitutional excellence. jurisprudence after the "Linde Court." This CLE was also well attended and well regarded. Respectfully submitted, Marc Visnick (CH), Timothy E. Siegel (CH-Elect), Stephen H. Weblog ("blog"): In 2004, the section began dis- Leasia (Past CH), Anne E. Koch (TR), Martin cussions concerning the development of a weblog F. Medeiros (SEC), Thomas E. Bahrman, (or "blog") to serve the needs of Oregon lawyers Charles R. Bowers, Jacob J. Carroll, Stuart K. interested in state and federal constitutional law. Cohen, Anthony E. Davis, Kohel M. Haver, Those discussions will likely continue in 2005. Nicholas P. Herriges, Lydia P. Loren, Steven T. Finances: The Section remains fiscally sound. It Lovett, Renee E. Rothauge, John Stevason, chose not to seek an increase in Section dues, and Robert A. Swider, Jonathan P. Hill (BC), David it continued to make a $500 contribution to the A. Johnson (BL). Campaign for Equal Justice. Respectfully submitted: Michael H. Simon (CH), David Euan Leith (CH-Elect), Katherine G. Constitutional Law Section Georges (Past CH), James N. Westwood (TR), The Constitutional Law Section was formed to Thomas M. Christ (SEC), Paula Lynne Abrams, promote the fundamental importance of constitu- Judith Giers, John P.(Toby) Graff, Charles F. tional law, both state and federal. Hinkle, Henry H. Lazenby, Margarita G. Molina, Roy Pulvers, Ruth M. Spetter, Edward CLEs: In 2004, the section organized and spon- H. Trompke, David Schuman, Les Swanson, sored two CLE programs. On June 17, 2004, the Marva Fabien (BC), Kateri Walsh (BL). section sponsored a half-day CLE program at the

26 2004 Committee and Section Annual Reports

Construction Law Section Respectfully submitted: Roger A. Lenneberg, (CH), Janelle E. Chorzempa, (CH-Elect), David The Section sponsored a CLE entitled "2004 T. Douthwaite, (Past CH), Dana A. Anderson, Practitioner's Guide to the Oregon Construction (TR), Jack Levy, (SEC), Nancy K. Cary, D. Contractors Board" in conjunction with their Bary Christensen, David T. Douthwaite, Jack annual meeting, December 3, 2004. Levy, Darien S. Loiselle, Alan L. Mitchell, A CLE entitled "The New World of Angela Otto, James H. Van Dyke, Dennis P. Construction Insurance and Risk Transfer" was Rawlinson (BC), Sarah Hackbart (BL). planned for January, 2005. It is co-sponsored by the Section, AGC, and Professional Education Systems Institute (PESI). Consumer Law Section The Section's newsletter was published in July. 1. Formation A List Serve was set up for the section. The Section continued investigation into putting a web The Board of Governors approved the forma- site into place. tion of the Consumer Law Section in October 1995. On-Line CLE Publication was discussed. The committee requested additional information on the 2. Finances cost projected for this effort, and the anticipated revenue loss from the lost sales of printed material, The Section currently has 139 members. The in order to better evaluate the proposed charge. annual Section dues are $15. The estimated end of year account balance for the Section is $10,513. The Executive Committee invited David Nebel to meet with them to discuss how the committee 3. Executive Committee could become involved in taking a stand on proposed legislation as a committee or individually. The Executive Committee has met on a regular David did an excellent job in presenting what the monthly basis since the formation of the Section. committee could or could not do related to legisla- Executive Committee meetings are generally held tive action. A committee member was appointed from noon to 1:00 pm on the third Wednesday of legislative liaison. each month at the Lewis & Clark Legal Clinic, 310 SW 4th Avenue, Suite 1018, Portland, The Section completed the year with its annual Oregon. Telephone: (503) 768-6500. For the third meeting on December 3 and the election of officers year, the July meeting of the Executive Committee for 2005. The following were elected to positions was held with Oregon Attorney General, Hardy on the Executive Committee and/or as officers: Myers, in his offices in Salem, Oregon. Chair: Janelle Chorzempa As of January 1, 2005, the Executive Chair Elect: Jack Levy Committee will be: Past Chair: Roger Lenneberg Chair: Justin Baxter Secretary: Dana Anderson Chair Elect: Hope Del Carlo Treasurer: Alan Mitchell Immediate Member-At-Large: Gary Christensen, Past Chair: Truman Stone Angela Otto Secretary: Pam Yee Treasurer: Amber Anderson

27 2004 Committee and Section Annual Reports

Members-At-Large: LC 452 would create a new exemption for the Melisse Cunningham Additional Child Care Tax Credit. Margaretta Eakin The Section has endorsed a proposal which Moloy Good lends official support for restoring general funding Bret Knewtson to the Oregon Department of Justice Financial Fraud / Consumer Protection Section within the Tim Quenelle Attorney General's budget. The Section will work Ron Rubino through the BOG to gain approval for this stance. Richard A. Slottee Respectfully submitted: Truman A. Stone (CH), Terry Slominski Justin M. Baxter (CH-Elect), Ronald J. Rubino Jason Skelton (Past CH), Amber Anderson Westlund (TR), Hope A. Del Carlo (SEC), Melisse S. 4. Committees Cunningham, Moloy K. Good, Bret A. The Section currently has a four standing Knewtson, Tim Alan Quenelle, Jason A. Committees: CLE, Legislative, Newsletter, and Skelton, Terrance J. Slominski, Richard A. Social. Each of these meet periodically as needed. Slottee, Pamela E. Yee, Marva Fabien (BC), David W. Nebel (BL). 5. Continuing Legal Education In conjunction with the OSB Annual Meeting, Corporate Counsel Section on October 14, 2004, the section sponsored a CLE entitled Consumer Law and Punitive Damages—The The Executive Committee met regularly during Recovery and the Keeping. This CLE was approved the year to discuss, plan and coordinate the activi- for 1 General Credit. ties of this 400-member section. Activities included maintenance and further expansion of the sec- 6. Newsletter tion's web site, publication of several issues of an online newsletter, two breakfast roundtables, a The Section has published two issues of our lawyer-to-lawyer networking luncheon and presen- newsletter in May and August 2004, and has a tation of three CLE programs. third issue pending. The position of Newsletter Editor has been ably filled by Amber Anderson In March a "Meet the Judges" roundtable was who is supported by a standing committee. The held in Portland, attended by a number of section Section receives printing and mailing assistance members as well as Federal and State judges. In from the Oregon Department of Justice Financial May, the section presented a Diversity and Ethics Fraud/Consumer Protection Section. CLE. In June was the lawyer-to-lawyer, no agenda, networking luncheon. October's roundtable 7. Legislation involved a fascinating discussion of the "First Federal Court in Oregon." In November, the sec- The Section has proposed two bills for the 2005 tion presented a CLE entitled "What if the Legislative session which were submitted to the Government Knocks on your Door." The annual BOG, approved and pre-session filed. The meeting and election of members and officers of Legislative Committee has been working to find the section for the coming year was held on support for the proposals. November 16. The final section activity for 2004 is LC 451 is a proposal to increase the homestead a CLE to be held in on December 8, 2004 entitled and automobile exemptions. "Questions and (Some) Answers About Mandatory Child Abuse Reporting."

28 2004 Committee and Section Annual Reports

The section's finances are solid and it was deter- The Section was very active in 2004 and some mined that there was no immediate need for a dues of the accomplishments are as follows: increase. 1. In April, 2004, the section sponsored the 17th Future section activities are expected to include Annual Contemporary Issues in Criminal monthly Executive Committee meetings, generally Justice. The section continued publication of its on the first Wednesday of each month except July newsletter and web site and August, 3 or 4 roundtable discussions and two 2. The section continued to disseminate the latest CLE presentations on topics of interest to members state and federal appellate decisions on criminal of the section. The section plans to continue pub- law via a list service. lication of its online newsletter and to expand and enhance its web site. 3. The Executive Committee continued its tradition to meet at least once or twice a year out- To participate in section activities or to become side the Willamette Valley. In 2004, the involved in section administration, please feel free Executive Committee held the August meeting to contact any member of the Executive in Wallowa County. Committee. 4. Members of the Executive Committee partici- Respectfully submitted: Philip S. Harris (CH), pate in the Criminal Justice Advisory Kathleen Barsocchini (CH-Elect), Richard W. Committee chaired by Chief Justice Wallace Olson (Past CH), Brian S. Thompson (TR), Carson and will monitor legislation affecting John E. LaVeille (SEC), Joel L. Augee, Joseph the criminal justice system for the Oregon State A. Brislin, Andrea L. Bushnell, Jeffrey B. Erb, Bar. Andrew S. Glikbarg, Jacob A. Heth, Grethe A. Larson, Simeon D. Rapoport, Kevin S. Thomas, 5. The Executive Committee declined to support David L. Uyemura, Tom J. Wettlaufer, Matthew the proposed ethics rules presented to the A. Wilson, Victoria S. Baum (ADV), Frank H. House of Delegates in 2003. However, in 2004 Hilton (BC), Lorraine R. Jacobs (BL). the Executive Committee studied the recommended changes by the Oregon Supreme Court and supported the amended proposal as present- Criminal Law Section ed to the House of Delegates in 2004. Respectfully submitted: Lindsay R. Partridge The Criminal Law Section consists of approxi- (CH), Daniel Ousley (CH-Elect), Cynthia L. mately 600 members comprised mainly of judges, Easterday (Past CH), Kenneth C. Bauman prosecutors and defense attorneys. The section's (TR), Rebecca A. Duncan (SEC), Sarah Snyder purpose is to bring together OSB members Morris, Gregory B. Scholl, Marc Sussman, involved in the criminal justice system to discuss Timothy A. Sylwester, David G. Terry, Janelle F. issues of importance, promote professionalism and Wipper, Lauren J. Paulson (BC), Kateri Walsh education of its members. Under the direction of (BL). Treasurer Ken Bauman, the section's financial position is very secure and the year end should produce added reserves to the section's balance sheet. The Executive Committee consists of 12 members - six involved in prosecution and six practicing criminal defense.

29 2004 Committee and Section Annual Reports

Debtor-Creditor Section Disability Law Section

The Section made the following contributions The Disability Law Section meets monthly. The this year: section has several standing subcommittees, each • Publication of three issues of the of which was instrumental in advancing the causes Debtor/Creditor Section Newsletter. of disability law attorneys in Oregon in 2004, specifically: • Formation of the Young Lawyers Committee. The committee met every month beginning Publications in October 2004, organized a backstage tour CLE Committee of the clerks' area of the bankruptcy courts Public Policy and sponsored a one-hour, video linked pres- Disability Survey, Judicial Systems entation by three trustees in Eugene and In February 2004, the section sponsored a CLE Portland. presented by outgoing Executive Committee mem- • At the Oregon State Bar Convention on ber, Dennis Steinman. The program included a dis- October 14-16, the Debtor-Creditor Section cussion of deaf culture and a disability law summa- sponsored a CLE program entitled ry with updates on the responsibilities and obliga- "Bankruptcy Intro for Non-Bankruptcy tions attorneys have in providing reasonable Lawyers-This Means You!" accommodations to deaf clients. • Co-sponsored the 17th Annual NW The section has determined to issue a final Bankruptcy Institute, April 16-17, in newsletter via broadcast e-mail and switch to a Portland. web site-based newsletter. This site will have the capacity to be updated more rapidly and to be • Held the section annual meeting and CLE: accessed readily by any section member. A print "How are Your Trial Skills," on November 5 version will be provided upon request. & 6, 2004, in Eugene. The Public Policy subcommittee encouraged, • The Legislative Committee of the section via a letter of comment to the Court, that the considered legislative proposals and provided Federal Court in Eugene be made physically acces- feedback to the bar, particularly regarding sible. The subcommittee is also drafting comments the UTC changes to the Bureau of Labor and Industries - Civil • Looked at options regarding expanding its Rights Division upon the proposed Oregon web presence. Administrative Rules implementing 2003 state statutes prohibiting discrimination against disabled Respectfully submitted: Carolyn G. Wade, (CH), persons by state government. Peter McKittrick (CH-Elect), Gary U. Scharff, (Past CH), Thomas W. Stilley, (TR), Stephen For 2004, the section renewed its commitment T. Tweet (SEC), Frank R. Alley, Ronald C. to the Campaign for Equal Justice with a financial Becker, Susan T. Egnor, David A. Foraker, contribution. Russell D. Garrett, Christopher D. Hatfield, Work continues upon the development of a sur- Richard J. Parker, Teresa H. Pearson, Thomas vey instrument to measure the accessibility of state M. Renn, Todd Trierweiler, Mark B. Comstock, courthouses, along with the planning necessary to (BC), George A. Riemer, (BL). have the survey conducted. The section experienced a mid-year change of Chairperson, as Elizabeth A. Stevenson took a new

30 2004 Committee and Section Annual Reports employment opportunity which requires extensive specifically, and the Oregon State Bar membership out-of-state travel. generally, on the laws, policies and practices with Respectfully submitted: Theodore E. Wenk, respect to the virtues of diversity in the legal pro- (CH), Alice M. Plymell (TR), Barbara A. fession. To that end, the committee has been gath- Brainard, Suzy Harris, Robert C. Joondeph, ering information about potential speakers and Margaret J. Nightingale, Dennis Steinman, programs. The committee held a CLE on February Heidi von Ravensberg, Linda Ziskin, , John A. 19, 2004 in Portland. It focused upon the opportu- Enbom (BC), Rod Wegener (BL). nities and the challenges of working with various ethnic groups. The committee sponsored two CLEs at the OSB Diversity Section Annual Convention. The events included representatives from Nike, Microsoft, and Kaiser who This section has 116 members. The activities spoke about diversity in corporate America, and of its section during year 2004 included the representatives from the University of Oregon, following: Willamette University, and Reed College who spoke about their perspectives on Brown v. Board Executive Committee Meetings of Education. The executive committee met six times during the 2004 calendar year at the offices of Bullivant Networking/Career Development Committee (Diane Houser Bailey in downtown Portland. The sec- Schwartz, Chair) tion's annual meeting was also held at the The committee organized two Bullivant offices on November 1st. networking/career development events at the Charles White Gallery, in Downtown Portland, in Best Practices Committee (Todd Hanchet, Chair) spring 2004. The events provided minority attor- The Best Practices Committee continued its neys with an opportunity to meet and develop rela- hard work toward helping firms implement the tionships with businesses and professional associa- "Best Practices" identified at the Convocation on tions in attendance. Equality. The BPC has created a process designed Respectfully submitted: Jeanne F. Loftis (CH), to explore various "Best Practices" by individual Sidney A. Galton (CH-Elect), David R. Simon law firms. This process consists of three meetings, (TR), Janna Beth Kim (SEC), Richard D. or facilitations, with the particular firm during Baldwin, Mary Crawford, Robert C. Joondeph, which the firm's diversity efforts, commitments, Liane I. Richardson, Deanna L. Wray, Stella K. and goals are discussed. The BPC has received Manabe (ADV), Marva Fabien (BC), Donna interest from several other firms who wish to par- M. Gigoux (BL). ticipate in the facilitation sessions and the BPC will undertake those as soon as possible.

Education Committee (Alice Bartelt, Chair) The Education Committee of the Diversity Section of the Oregon State Bar has the responsi- bility for educating the Diversity Section members

31 2004 Committee and Section Annual Reports

Elder Law Section numerous hours in meetings with State offi- cials and grass roots advocates. Since its founding in 1997, membership in the 4. Computer and Technology. The E.L sec- Elder Law Section of the Oregon State Bar contin- tion's list serve has become one of the most ues to grow. There were more than 500 section significant resources for elder law attorneys members in 2004, our largest membership yet. around the state. Multiple topics are posted and discussed daily. The section's web site 2004 Section Subcommittee Activities also continues to grow and provide impor- 1. Continuing Legal Education. The section's tant information to section members. annual CLE program was held at the Oregon 5. Probono. The subcommittee has worked Convention Center on October 8, 2004. The hard to improve access to legal services for program entitled "Elder Law Connections" the low-income elderly and disabled around was highly rated by registrants. The total reg- the state. istration was 230 attorneys. Of that, 170 reg- istered for the Portland seminar and 50 regis- 6. Training video for guardians and conserva- tered for the video replays. In keeping with a tors. A video is being developed by a panel two year alternating cycle, the program was including section members, professional fidu- geared toward experienced elder law practi- ciaries, respondent advocates, courts and tioners with sessions ranging from the new court staffs to educate professional as well as ethics code to elder "abuse-proofing" to tax lay fiduciaries. and real property issues. 2005 Section Activities In May, the section held its second Un-CLE in Eugene. Based upon a format taken from Oregon's revenue shortfall will continue to play the National Academy of Elder Law a major role in section activities for 2005. The leg- Attorneys, the Un-CLE provides a relaxed islative and APR subcommittees will continue and unstructured shared discussion format of their advocacy against further cuts to Medicaid and current substantive and practice topics. other critical programs for seniors and the disabled Reviews of the program were very positive, in the upcoming legislative session. with participants urging repetition of the for- The section's annual CLE is scheduled for mat for the substantive and networking ben- October 7, 2005. Also, by popular demand, the efits. Un-CLE will likely return in the May of 2005. 2. Newsletter. The Newsletter Subcommittee, Respectfully submitted: Wesley D. Fitzwater under the leadership of Penny Davis and edi- (CH), Mark M. Williams, (CH-Elect), S. Jane tor Carole Barkley, produced four quality Patterson (TR), Ruth Simonis (SEC), Dady K. issues informing section members of impor- Blake, Allyn E. Brown, Susan Ford Burns, tant developments and practice tips. Claudia M. Burton, Cinda M. Conroyd, Kristianne M. Cox, Penny L. Davis, Sam Friedenberg, Steven A. Heinrich, Leslie Kay, 3. Agency and Professional Relations. In the Alexis Packer, Sylvia Sycamore, Ronald L. face of significant state budget cuts, the Bryant (BC), David W. Nebel (BL). A&PR subcommittee worked hard to advo- cate for continued funding and services for medical and long-term care for seniors and the disabled. Subcommittee members spent

32 2004 Committee and Section Annual Reports

Energy, Telecommunications & Respectfully submitted, Jonathan M. Norling (CH), Edward A. Finklea (CH-Elect), Carson Utility Law Section D. Bowler (Past CH), Jason W. Jones (TR), Susan Ackerman (SEC), J. Jeffrey Dudley, 2004 Activities Melinda J. Davison, Ann L. Fisher, Paul J. 2004 was an active year for the Energy, Telecom Kaufman, Kathryn A. Logan, John P. Nusbaum, and Utility Law Section ("ETU"). ETU held a Lawrence H. Reichman, Christina M. Smith, two-day CLE and retreat at Bonneville Hot John A. Enbom (BC), Cheryl L. McCord (BL). Springs Resort in July, which consisted of a tour of the Bonneville Dam as well as a variety of CLE panels on energy, telecommunications and utility Environmental & Natural Resources issues. The CLE was well attended by both section Section and non-section members. Other ETU events included participation in numerous audio telecon- 2004 Activities ferences and a field trip to the Bonneville Power Administration transmission control center. The section oversaw the implementation of a Together, these events provided 17 credits. newly reformatted newsletter as new volunteers came on board, and the newly hired editor/coordi- ETU also updated the functionality of its web nator began working in his role as case note editor. site, allowing for automatic news updates on utility The section published three hard copy editions issues in the Pacific Northwest and providing a through October 2004, with a fourth edition database of utility law cases. expected out by the end of December. In addition, The Energy, Telecom & Utility Law Section the section published two editions of its E-Outlook held its annual meeting in November 2004 and newsletter, providing the members with timely elected a slate of officers. This event included a information on developing issues. Additionally, the social hour with a jazz band and hors d'oeuvres section made the decision to switch from the provided by Red Star. OSB's standard 30% post-consumer fiber paper to 100% post-consumer fiber paper beginning with Activities Planned for 2005 the October 2004 issue. The Executive Committee resolved to encourage other sections and the OSB Future plans for the upcoming year include: itself to do the same wherever feasible. • Revising and updating section's web site to The section sponsored two CLEs at its annual provide a search engine for state and federal meeting in October: "Spotting and Resolving utility law statutes; Environmental Issues in Real Property • Coordinating additional CLE events focusing Transactions" and "An Update on the Hatchery vs. on current events in the energy and telecom- Wild Fish Controversy." Additionally, the section munications industries; and sponsored a lunchtime brown bag CLE on citizen • Coordinating a young lawyers' social event suits in July. The section also continued its marketing and Legislative Activities sales efforts for the ENVIRONMENTAL AND ETU is considering sponsoring or supporting NATURAL RESOURCES LAW desk book, pub- legislation that would place appeals of Oregon lished in 2002. The Executive Committee also Public Utility Commission orders in the court of began its effort to revise and update the desk book appeals rather than the state circuit court. for 2005.

33 2004 Committee and Section Annual Reports

The section continued working with OSB staff In addition, Anita Winkler, who was a mid- to update and develop the web site, and renewed term appointment, was elected to serve through its effort to maintain the site as a source of rele- December, 2005. vant information to environmental and natural The section will hold its annual membership resources law practitioners. social event on December 15th at Lane Powell The section launched a strategic planning Spears Lubersky LLP. effort, forming a committee to oversee the process. As an initial step, the section worked with the Anticipated Activities for the Upcoming Year. OSB to conduct a comprehensive membership sur- The section will continue to refine and improve vey over the internet at no cost to the section. its revised newsletter format in 2005, including the The information gathered will be used to guide the addition of a section reporting on pending appeals. section's strategic planning effort. The section will complete its strategic planning As of 10/31/04 the section had an end-of-period process and adopt a 5-year plan. fund balance of $7,710.00, down from $9,004.00 at the beginning of the year. This is by design, as the The section will continue working with special- Executive Committee chose to spend down some ists to further develop the web site to make it a of the section's reserve fund in its budgeting more functional tool for the membership. process for 2004. Depending on how the final The section will continue to organize CLEs, Outlook edition expenses are booked, the section including a joint CLE with the Administrative should finish the year very close to the projected Law Section. end-of-year position. The section held its annual meeting on October Proposed Legislation 14th. At that time, the Chair presented a summary The section is not proposing any legislation. of the year's accomplishments and a preview of activities for 2005. The membership then held its Respectfully submitted: Steven L. Shropshire annual elections with the following results (CH), Kristen Tsehai Bonanno, (CH-Elect), approved by unanimous result: Bart A. Brush, (Past CH), Donald H. Pyle (TR), Renee Moulun (SEC), David Ashton, The officers for 2005: Leslie A. Carlough, Danna C. Fogarty, Diane Chair: Kristen Tsehai Bonanno Henkels, Peggy Hennessy, Marjorie C. Lifsey, Chair Elect: Donald H. Pyle Douglas W. MacDougal, Alia S. Miles, William Sherlock, Anita MA Winkler, John A. Enbom Treasurer: Renee Moulun (BC), Scott A. Morrill (BL). Secretary: William Sherlock Immediate Past Chair: Steven L. Shropshire The following people were elected as Members at Large for a two-year term: Leslie A. Carlough December, 2006 J. D. Williams December, 2006 Jas Adams December, 2006 Kenneth Dobson December, 2006

34 2004 Committee and Section Annual Reports

Estate Planning and Administration not be taking a position on the bill, which has limited application. The committee Section approved re-submitting previously sponsored The Estate Planning and Administration legislation on this subject in the 2007 ses- Section is one of the largest sections of the Oregon sion. State Bar. It focuses on helping attorneys engaged c) Power of Attorney. The section followed the in the practice of estate planning, including dis- status of the new power of attorney legisla- ability and tax planning, planning for minors, and tion and was informed that the proposed leg- the administration of probate estates and trusts. islation will be presented by the Judiciary The assistance is rendered through timely articles Committee, rather than as a section bill. published four times a year in the section's d) Oregon Inheritance Tax. The section active- newsletter, committees that review and attempt to ly studied the effects of the new inheritance make improvements in the law in our area of prac- tax law and considered clarifications. tice, continuing legal education programs and, However, the Tax Section will sponsor new shortly, internet sharing of information in our legislation. practice area through a list serve. A brief review of some of the work performed by section sub-com- e) Transition of Conservatorship to Probate mittee's follows: Legislation. The Elder Law Section and the Estate Planning and Administrative Section CLE Programs are participating in a study group to review this legislation proposed by Warren Deras on Over the past year, two continuing legal educa- behalf of the Division of State Lands. tion programs were developed and co-sponsored with the OSB. f) Amendment to the Trustee Powers Act. (LC 460) The committee studied an amendment July 24, 2004 - Estate Planning for Non- to the Trustee Powers Act that would add a Traditional Couples provision allowing a trustee to split a single November 19, 2004 - Planning the Taxable trust into two separate trusts under certain Estate conditions. g) Uniform Transfers to Minors. (LC 461) The Legislative Work committee studied an amendment that a) UTC. (LC 459) The proposed Uniform Trust would make recently enacted law uniform Code legislation would help to create a body with other law regarding the delayed transfer of law for trusts and trust administration that of property to a minor. would give practitioners some much needed h) In summary, for the 2005 legislative session guidance and guidelines and, to some extent, the section plans on sponsoring three bills: harmonize will and trust law. The committee (1) Uniform Trust Code; (2) Uniform reviewed this proposed legislation and sever- Transfers to Minors changes; and, (3) an al committee members took an active role in amendment to the Trustee's Powers Act. its drafting. The committee determined to sponsor the legislation. Newsletter Articles b) Revocation on Divorce. The committee Several articles were considered for the newslet- reviewed and determined not to object to ter, including articles on prudent investing for this proposed legislation, which will be spon- charitable organizations, the revised UMIFA provi- sored by the Family Law Section, but will

35 2004 Committee and Section Annual Reports sions, and planning for timberlands under section person meeting during our fall Family Law 2057 of the Oregon inheritance tax. Topics for Conference. future articles discussed include a legislative Beginning January 1, 2005, Ron Johnston of update, creditor claims against non-profit organiza- Portland will be chair. tions, a sample letter regarding the responsibilities and duties of trustees with regards to a trustee's Respectfully submitted, Tammy M. Dentinger investment responsibilities, an update on plans for (CH), Ronald Allen Johnston (CH-Elect), the section's web site, and an article on the recent Jacqueline L. Koch (Past CH), Jeffrey F. Oregon appellate case, Caba v. Barker. Renshaw (TR), Mary Lois Wagner (SEC), Kimberly S. Brown, Gweneth Burgess- Respectfully submitted: Richard A. Pagnano Thompson, John H. Case, Gordon L. Dick, (CH), Christopher P. Cline (CH-Elect), William Francis, David G. Gannett, Lynn F. Bernard F. Vail (Past CH), James R. Cartwright Jarvis, Edward B. Meece, Steven N. Thomas, (TR), Timothy J. Wachter (SEC), Karen C. Albert A. Menashe (BC), Susan Evans Grabe Allan, William D. Brewer, Shannon M. (BL). Connelly, Susan N. Gary, Jonathan A. Levy, Donna R. Meyer, David E. Paulson, Michael R. Sandoval, Kenneth Sherman, Anne M. Government Law Section Thompson, Eric H. Vetterlein, Theresa M. Wade, Ron D. Bailey (ADV), Jeffrey M. 2004 was a banner year for the Government Cheyne (ADV), Penny H. Serrurier (ADV), Law Section. Although membership decreased Ronald L. Bryant (BC), Jill R. Mallery (BL). slightly, the section put on two highly successful CLE programs, and the Executive Committee extended its outreach efforts by meeting in Family Law Section Ashland in October, followed by a small reception honoring several recent retirements from govern- The Family Law Section has continued to refine ment employment by section lawyers. The the new format for its annual seminar. The number Executive Committee improved its accessibility to of registrants continues to grow. During the 2004 the members by seeking input on section donation conference in Salishan, we had approximately 380 policies, and by instituting the acclaimed "e-alert" registrants. The Conference Committee has e-mail communication system to alert section worked to reduce extraneous costs, which will most members to important recent developments on likely produce a surplus. government law issues. The Executive Committee will begin actively On February 27, 2004, the section sponsored its working on legislation affecting the domestic rela- annual mid-year CLE. The program was presented tions practice. 2005 is a legislative year and much at the Inn at Spanish Head in Lincoln City and of the Executive Committee's attention will be contained a variety of topics. Mandatory Child devoted to legislative issues during the spring of Abuse credits for understanding meth labs, the 2005. The Executive Committee will continue to nuts and bolts of administrative warrants, some perfect the annual conference and news letter. The national and local perspectives on an important web site continues to develop and we have recent- takings case, an update on the PERS litigation, and ly initiated the Family Law Forum to allow section a preview of the proposed disciplinary rule changes members to post questions to other interested were all presented in an interesting and informa- attorneys. The committee will continue to meet tive manner by experts on each issue. We were every other month. We have one in-person meet- honored to have the Hon. Anna J. Brown speak at ing during the summer months and the second in-

36 2004 Committee and Section Annual Reports our luncheon, to tell us what not to do in her Health Law Section court! The section is currently developing the program for the 2005 mid-year CLE, which will be Executive Committee 2004: held as always in Lincoln City on February 25, 2005, on the Friday of the Newport Seafood and Chair: Lorey H. Freeman Wine Festival. Chair Elect: Matthew Werner On November 5, 2004, the section presented a Past Chair: Margaret Maguire second CLE in a joint venture with the Oregon Treasurer: Gary Harrell State Bar, focusing on how government lawyers Secretary: Gwen Dayton advise their clients on matters of constitutional import, and Tribal Sovereignty issues government At Large: Mark Bonano, Dana Scheele, lawyers may well run into. The speakers on the Charles Sinsel, Campbell first topic were extremely candid and courageous, Groner, Kurt Hansen since some were involved in what turned out to be Executive Committee 2005 as approved at the Annual controversial advice that prompted many head- Business Meeting, October 14, 2004: lines. Tribal Sovereignty was explained by two lawyers, one a guest from Washington State, who Chair: Matthew Werner have a deep knowledge of the issue. The section Chair Elect: Gary Harrell purchased three videos of the conference for those Past Chair: Lorey H. Freeman who had a conflict with the League of Oregon Treasurer: Charles Sinsel Cities meeting. Secretary: Dana Scheele Both CLE programs were a success, with many At Large: Margaret Maguire, Gwen government lawyers in attendance. Dayton, Mark Bonanno, Kurt The section made contributions of $2000 to the Hansen, Amanda Guldager, Campaign for Equal Justice, and set aside $1000 to Nicola Pinson and Jenny support the upcoming 2006 International Kaufmann Municipal Lawyers Association (IMLA) Conference to be held in Portland. Executive Committee Respectfully submitted, John R. Osburn (CH), The Executive Committee met six times during Stephanie A. Smythe (CH-Elect), N. Robert the year at the offices of the Oregon State Bar. Shields (Past CH), Danny R. Olsen (TR), Terrence D. Mahr (SEC), Wayne Belmont, Subcommittees James M. Coleman , Christopher A. Gilmore, • The newsletter committee, chaired by Walter R. Gowell, Linda J. Kessel, Steven E. Amanda Guldager, produced three outstand- Rich, Ruth M. Spetter, Lisa M. Umscheid, ing newsletters. Phyllis J. Edmundson (BC), Denise Cline (BL). • Volume V of the Health Law CLE. "Liability for Health Care" is in development with hope of publication in 2005. Connie McKelvey and Steve Hendricks are the editors for the volume. • Four legislative proposals were pre-session filed by the Judiciary Committee at the OSB

37 2004 Committee and Section Annual Reports

annual meeting. Gwen Dayton chairs the Indian Law Section Legislative Committee. The section sponsored two CLEs. The first, held in conjunc- A subcommittee was established to explore tion with the OSB Annual Meeting entitled whether it is advantageous to have an Indian Law "Health Information and Privacy Update." question on the Oregon bar exam, and if so, how The second, held in November was a panel to get it on the exam. The committee consisted of discussion entitled "Health Care Fraud and Chris Burford, Ed Goodman, Howie Arnett, David Abuse Investigations: Tips from the Brown and Lee Shannon. The subcommittee, and Enforcement Agencies." Charles Sinsel the Executive Committee, looked at issues chaired the CLE subcommittee. involved. The consensus was in favor of including Indian Law on the bar exam. An e-mail was sent • Mark Bonanno chair and web site "commit- to the section membership with pro and con state- tee of one" continued to improve the section ments attached. The issue will continue to be web site with helpful information and links. addressed in 2005. Annual Business Meeting Very few expenditures on several of the larger line items were made, so fairly little of the budget The annual meeting was held on October 14, was spent. Harold Shepherd's Center for Tribal 2004 at the Oregon Convention Center in con- Advocacy returned the Indian Law section's $500 junction with the Annual Meeting of the Oregon donation to help them fund their September CLE. State Bar. The treasurer's report was received and They did well enough on ticket sales that they new officers and at-large members elected. were able to refund the contribution. Budget The First Annual Northwest Tribal Water Rights Conference, co-sponsored by the Center for The section expects to close the year with a Tribal Water Advocacy, the University of Oregon carry-over balance. and the Oregon State Bar took place October 1-2, 2004, in Eugene. Proposals for Next Year An OSB inquiry regarding CLE publications The section intends to continue publication of online was presented. The OSB is considering put- newsletters. ting electronic versions of all the CLE reference In 2005, the Executive Committee plans to books on the OSB web site, linked to Casemaker. focus its efforts on improving the web site with All active OSB members would have instant access some help from technicians at the OSB. to all published CLE references. There would be no charge to active members for access to these During the 2005 legislative session the materials. The annual membership would, howev- Legislative Committee expects to move forward on er, be increased by $70. It was noted that a down- its legislative proposals as well as bills which side would be that the already high membership impact the substantive law or practice. fees would go higher. The bar asked for a response Respectfully submitted: Lorey H. Freeman (CH), to this proposal. Several members spoke in favor of Matthew M. Werner (CH-Elect), Margaret M. it, no one spoke in opposition. Maguire (Past CH), Gary P. Harrell (TR), The Indian Law Section Annual Meeting and Gwen M. Dayton (SEC), Mark A. Bonanno, P. CLE was held at the World Forestry Center on Campbell Groner, Kurt F. Hansen, Dana December 3. Nominations for the 2005 Executive Shenker Scheele, Charles A. Sinsel, John A. Committee were made. The following were elect- Enbom (BC), Jonathan P. Benson (BL). ed: Deneen Aubertin Keller, (CH), Christopher

38 2004 Committee and Section Annual Reports

Burford (CH-Elect), Melissa Robertson, (SEC), • Co-sponsored writing contest with Lewis & John Schultz, (TR), Lee Ann Easton, (Past-CH), Clark Intellectual Property Student Starla Roels, Brett Kenney. Members whose terms Organization (IPSO) for Oregon law school end 12/31/05 will continue on the committee. students, with winners to be published in the Respectfully submitted: Lea Ann Easton, (CH), IP Newsletter. Deneen Aubertin Keller, (CH-Elect) Jennifer K • IPA social event at Lewis & Clark for DeWald, (Past CH), John M. Schultz (TR), lawyers and law students. Christopher L. Burford, (SEC), Howard G. • Career panel and social event at Willamette. Arnett, David G. Brown, Donald O. Costello, Kimberly D'Aquila, Edmund C. Goodman, • Recruited new Executive Committee mem- Shayleen T. Idrogo, Douglas C. MacCourt, ber from Eugene. Melissa M. Robertson, Kevin L. Shannon, Cynthia J. Starke, James D. Williams, Marva Publications Fabien, (BC, Jami Curl, (BL). • Collaborated with IPSO to publish the Spring 2004 and Fall 2004 Oregon Intellectual Property Newsletters which were Intellectual Property Section distributed to section members.

CLE's and Conferences Anticipated Activities for 2005 • Sponsored four lunchtime interactive panel • Repeat events at Lewis & Clark and discussions on IP topics. Willamette. Trade Secret Litigation • Hold event for UO law students, either in Portland or Eugene. Attorney-Client Privilege for Patent Advice • Publish Spring 2005 and Fall 2005 Oregon Intellectual Property newsletters. The Law According to Barbie • Facilitate student participation in the Giles European Patent Office Rich and Saul Lefkowitz Patent and • Hosted a luncheon CLE at Section Annual Trademark Moot Court competitions. Meeting on the Business implications of • Sponsor quarterly luncheon CLEs and co- Open Source Software. sponsor one or more other CLEs. • Co-sponsored with WSBA IP Section the • Continue developing section web site. 2nd Annual Pacific NW Arts Symposium, covering Legal and Business Issues of the Respectfully submitted, Paula Holm Jensen (CH), Arts and Entertainment Industries. Craig Rogers (CH-Elect), Alan P. Polaski (Past CH), Anne W. Glazer (TR), Wayne W. Rupert Community Involvement (SEC), John R. Dawson, Carol A. Busby, Karen Wetherell Davis, Thomas L. Evans, Paul L. • Provided financial support to several teams Havel, Michael Heilbronner, Daniel P. Larsen, of law students from University of Oregon Chrisopher J. Lewis, B. Anna McCoy, Joseph S. and Lewis & Clark for their participation in Miller, Ambyr M. O'Donnell, Gregory A. Giles Rich Patent Law and Saul Lefkowitz Zafiris, Bette L. Worcester (BC), Mark Salveit Trademark Moot Court competitions as well (BL). as organizing & judging practice rounds for the L&C team.

39 2004 Committee and Section Annual Reports

International Law Section Juvenile Law Section

The section continued its focus on its continued The purpose of this report is to outline the enhancement and participation at regular ILS- activities of the Juvenile Law Section of the sponsored CLE events, development of its web site Oregon State Bar during the year 2004, and to fur- and the continued exploration and implementa- ther state the goals and objectives of the section tion of ways to utilize section resources to best for the immediate future. serve its members. The goal of the section continues to primarily The section focused on the following areas: be service to the members of the section through 1. CLEs: The Executive Committee held seven education and providing information. Towards this CLEs during the year for its members. end, one of the most active subcommittees of the Average attendance was approximately 25 section has been the Continuing Legal Education attendees. Sub-committee and the Web Site Subcommittee. The section's annual CLE was held on April 16, 2. A networking event was held in October 2004 and was very well received. In addition, the with two other sections. The feedback from section offered members an opportunity to attend a the event was positive, in the future a similar reception featuring an informal talk by nationally event will be held but with more notice to renowned children's rights lawyer, Marcia Lowry partner sections' executive committees. from New York. 3. A Website Subcommittee was established to The section also continued work on its web site maximize the benefit of the section web site this year under the editorship of Emily Cohen. The for ILS members. The subcommittee hired a web site's goal is to provide the Juvenile Law web site administer to keep contact informa- Section membership with useful information and tion, calendar notices and electronic links for their practice. An objective is also to pro- newsletter articles up to date. vide information on the web site that was tradi- 4. An Articles and Linking Subcommittee was tionally found in the section's newsletter. established. This subcommittee collected Angela Sherbo headed the Legislative Sub-com- links for posting on the section's web site for mittee this year. This sub-committee monitored the benefit of the membership. In addition, legislation which would impact practitioners in the the Executive Committee approved a new juvenile law area. requirement that each Executive Committee member publish an article for posting on the Several Executive Committee members also sat web site each year. on other committees impacting the practice of juvenile law in Oregon. These included the Respectfully submitted, Ambyr M. O'Donnell Oregon State Bar Juvenile Law Performance (CH), Shannon K. Waage (CH-Elect), Standards Revision Task Force and the Juvenile Christopher R. Ambrose (Past CH), Lew E. Law Academy committee responsible for develop- Delo (TR), Bradley C. Lechman-Su (SEC), ing the curriculum for the implementation of a Jacob J. Carroll, William L. Clydesdale, Marcy state wide training program for juvenile law practi- Edwards, Gregory W. Engrav, Patchen M. tioners. Executive Committee members also sat on Haggerty, Akana K. J. Ma, Turid L. Owren, a work group for legislation addressing the role and Steven C. Smith, Natella V. Svistunova, Phyllis appointment of Guardians Ad Litem in Juvenile J. Edmundson (BC), Peggy Miller (BL). Court.

40 2004 Committee and Section Annual Reports

Other activities included: Robin J. Wright, Victoria S. Baum (ADV), 1) Determining how the section should spend Jonathan P. Hill (BC), Helen M. Hierschbiel revenue. (BL). 2) Continuing the section's liaison with the Criminal Law, Family Law and Indian Law Labor and Employment Section Sections. The Labor and Employment Section maintains 3) Planning a March 2004 CLE which will a membership of 750 as of the October 2004 address juvenile sex offender issues as well as monthly financial report, which is slightly lower scientific evidence of child abuse. The CLE than the prior year's membership. will also include a child abuse reporting CLE credit. The section held five "brown bag" sessions, three in Portland and two in Eugene. The Portland 4) Determining how best to ensure that the sessions were held in March, April and May and Executive Committee provides outreach to featured administrators from state agencies: practitioners beyond the Tri-County area. Christine Hammond, who is the Administrator for 5) Sending Executive Committee members to the Wage and Hour Division of the Bureau of national conferences in our area of practice Labor and Industries (BOLI); Amy Klare, the and to bring information back to the com- administrator of BOLI's Civil Rights Division; and mittee. This year the section paid for Emily Peter DeLuca, administrator for the Oregon Safety Cohen and Doug Killian to attend confer- and Health Division. The first Eugene program was ences related to juvenile law. held in June and featured Renee Bryant, the tax 6) Clarifying the PLF coverage for attorneys manager for the State Employment Department. A appointed as Guardians Ad Litem in juvenile second Eugene program was held in November court by contacting Ira Zarov from the PLF with Annette Talbot of BOLI, discussing changes and obtaining a letter describing coverage. to the overtime exemptions. 7) Providing input to the Juvenile Law CLE On October 21, 2004, the section held its annu- Publications Committee on topics to be cov- al meeting and CLE program in Portland at the ered in the CLE to be published in 2005. Doubletree Hotel Lloyd Center. Speakers and topics covered were as follows: 8) Obtaining information from the Oregon Trial Lawyers Association regarding referral and • Obtaining Public Records for Employment assignment of guardians ad litem for children Cases—Nancy J. Hungerford, The in potential civil lawsuits involving the Hungerford Law Firm, Oregon City Department of Human Services and/or the • Discovery and Evidence: Obtaining and Oregon Youth Authority. Using Critical Information—Martha Lee Respectfully submitted, Lissa K. Kaufman (CH), Walters, Walters Chanti & Zennache PC, Douglas P. Killian (CH-Elect), Kathryn W. Eugene, and Corbett Gordon, Fisher & Underhill (Past CH), Kristy K. Barrett (TR), Phillips LLP, Portland Emily S. Cohen (SEC), Janie M. Burcart, • Documenting Discipline: Tips & Traps— Kristine M. Kaufman, Karen R. McClintock, Cathleen Callahan, National Labor Dawn M. McIntosh, James A. Palmer, Rahela Relations Board, Portland K. Rehman, Angela Sherbo, Ingrid Swenson, • Employment Law Update—Richard F. Katherine E. Tennyson, Kristen E. Thompson, Liebman, Barran Liebman LLP, Portland

41 2004 Committee and Section Annual Reports

• Forecast for 2005 Legislative Session—Trica The section dues were raised starting this year Smith, Oregon School Employees to $15 (from $10) to cover the cost of adding serv- Association, Salem, and Lisa Trussel, ices to Casemaker. The section took steps to have Associated Oregon Industries, Salem the decisions of the Employment Relations Board • The New FLSA "Fair Pay" Rules—Annette added, although copyright issues on pagination of E. Talbott, Oregon Bureau of Labor & the decisions have delayed public release of these Industries, Portland decisions on Casemaker. • Damages: Experts and Calculations—Eric The section continues to support the Campaign Fruits, Ph.D., ECONorthwest, Portland for Equal Justice with a $1500 donation. Respectfully submitted: • Damages: Labor Arbitration Cases—Tom Jeffrey P. Chicoine (CH), Levak, Arbitrator, Portland Nancy E. Brown, (CH-Elect), Kathryn T. Whalen (Past CH), Michael J. Tedesco (TR), • View from the Juror's Box: Employment Craig R. Armstrong (SEC), M. Ann Boss, Paul Cases—Chris Beck, Tsongas Litigation Hays, Brian Hungerford, Elizabeth A. Joffe, Consulting, Portland Howell L. Lankford, Adam D. Morrison, The program was well-received with approxi- Christine C. Nesbit, Mitra Shari, Nena Cook mately 175 attendees. (BC), Christine Kennedy (BL). Nancy Brown (an arbitrator) will become section chair on January 1, 2005. Newly elected offi- Law Practice Management Section cers are: Chair Elect: Michael Tedesco (Law Offices of The Law Practice Management Section engaged Michael Tedesco) in a number of activities during the course of the year. These included: Treasurer: Craig Armstrong (Miller Nash LLP) 1. As a result of feedback from the LPMS's Secretary: Mitra Shahri (Law Office of 2003 technology CLE, the section presented Mitra Shahri) a similar CLE on successfully utilizing technology in the practice of law. The session New members elected to the Executive was presented at the OSB Annual Meeting Committee are: on October 15, 2004. A panel presented the Michael Holland (Linn-Benton Community latest options and approaches to technology College) to approximately 60 attorneys and legal man- agers present. Susan Hammer (Arbitrator and Mediator) David Snyder 2. The section newsletters were published. Karin Guenther (Tonkin Torp LLP) 3. The section's membership committee provid- Scott Hunt (Busse & Hunt) ed section information to new bar admittees and solidified plans to survey members' Continuing as members of the Executive needs. Committee: 4. The section's web site committee upgraded Brian Hungerford (The Hungerford Law Firm) the web site to provide easier access to sec- Adam Morrison (National Labor Relations tion newsletters and resource information. Board) 5. The section continued collaborative working Ann M. Boss (Oregon Department of Justice). relationships with two other OSB sections:

42 2004 Committee and Section Annual Reports

the Sole and Small Firm Practitioners • Sponsorship and presentation of the 11th Section and the Oregon New Lawyers Annual Litigation Institute and Division through co-sponsorship of the OSB • Retreat at Skamania Lodge on March 5 and Annual Meeting CLE. 6, 2004 (including the award of four schol- 6. The section continued collaborative working arships); relationships with the Oregon Chapter of the • Planning and preparation for the 12th Association of Legal Administrators through Annual Litigation Institute and Retreat to be co-sponsoring the annual Partner Dinner on held at Skamania Lodge on March 4 and 5, October 28, 2004. The keynote speaker from 2005; Hildebrandt International spoke on the topic "What Keeps Managing Partners Awake at • Initial planning for the 13th Annual Night". Litigation Institute and Retreat in 2006; Respectfully submitted: Fern Puls (CH), M. David • Administering and awarding the annual Daniel (CH-Elect), John A. Cummens (Past Owen M. Panner Professionalism Award; CH), Craig K. Edwards (TR), Carol Decker • Planning, preparation and presentation of (SEC), Evan P. Boone, Dawna Brophy, David L. the Fundamentals of Oregon Civil Trial Carlson, Maureen A. DeFrank , Daniel A. Hill, Procedure CLE to be presented in October Dawnne L. Linenbrink, Fred C. Nachtigal, 2005 (a practical skills CLE); David P. O'Brien, Dennis M. Odman, Darla L. Pierce, Jay Richardson, Kathi Rutten, Mary P. • Providing support for an OSB CLE program Sauer (EO), Albert A. Menashe (BC), Carol on evidence topics; Wilson (PL), Margaret Robinson (BL). • Support of pro bono support activities, such as the Campaign for Equal Justice; Litigation Section • Participation in the OSB's Casemaker™ Evaluation Group; The Litigation Section remains the largest sec- • Appointment of a liaison to the Civil Law tion of the Oregon State Bar. It is comprised of Advisory Committee; and attorneys practicing in diverse areas of litigation • Creating and expanding the section's web ranging from civil to criminal, plaintiff to defense, page. personal injury to commercial, consumer to business, and real estate to family litigation. General Respectfully submitted: Karen E. Saul (CH), activities include publication of the Litigation Richard A. Lane (CH-Elect), Theresa L. Journal, sponsorship of the annual Litigation Wright (Past CH), Nancie K. Potter (TR), Institute and Retreat and the biennial Marc A. Spence (SEC), John A. Berge, Fundamentals of Oregon Civil Trial Procedure Raymond D. Crutchley, Susan K. Eggum, W. CLE, frequent sponsorship of speakers at other Eugene Hallman, Michael R. Mahony, Tracy A. CLE events, maintenance of a web site, and pro- Prall, Simeon D. Rapoport, Judy D. Snyder, motion of communication, camaraderie, and pro- Robert G. Thomson, Sarah R. Troutt, Dennis P. fessionalism within the bench and bar. Specific Rawlinson (BC), and Karen D. Lee (BL). activities in the past year have included: • Publication of three issues of the Litigation Journal;

43 2004 Committee and Section Annual Reports

Products Liability Section Respectfully submitted, William A. Masters (CH), Charles S. Tauman (CH-Elect), Anne This is a small section with about 170 members. M. Talcott (Past CH), Meagan A. Flynn (TR), The Executive Committee held twelve meetings Jay W. Beattie (SEC), Lawrence Baron, Kelly L. during 2004. Meetings were held at noon on the Anderson, Molly Jo Mullen, Anne D. Foster, third Tuesday of the month in the conference Bruce C. Hamlin, Timothy J. Helfrich, Rick rooms on the 19th floor of the law offices of Klingbeil, Michelle K. McClure, Thomas B. Schwabe, Williamson and Wyatt at the PacWest Powers, Laura L. Rhodes, Edward T. Tylicki, Center, 1211 SW Fifth Avenue, Portland, Oregon. Linda K. Eyerman (CH), Teresa Wenzel (BL). Several out-of-Portland members attended by phone each month. In addition, the section held its annual meeting and CLE on October 22, 2004 Real Estate and Land Use Section at the offices of the Oregon State Bar. The Executive Committee used for communication the The Real Estate & Land Use Section is one of e-mail list ([email protected]) and found this the larger sections, with a membership over 1000. method of communication to be very helpful. The Section provides a variety of services to real estate and land use lawyers with emphasis in the The primary activities of the Products Liability areas of continuing legal education and legislation. Section in 2004 were: Activities during 2004 included: 1. Annual CLE Program • Sponsored two continuing legal education programs, including the annual meeting and The Products Liability Section continued its a CLE on the fundamentals of land use law tradition of presenting high-quality CLE programs, focusing on topics of particular interest to section • Publication of a quarterly newsletter, the members. The 2004 program was titled "Products Digest Liability: New Legal Strategies and Trial Tactics in • Continued legislative and education subcom- 2004." About 47 people attended this half day mittees CLE held on October 22, 2004, at the OSB offices. • Made a significant financial contribution to the Campaign for Equal Justice, targeting 2. Products Liability Newsletter specific real estate or land use legal needs of In 2004 the section published three issues of the the population served Products Liability Newsletter. The issues had an • Support of the bar on several legislative average length of 16 pages, a professionally issues with review and advocacy designed logo, and professional typesetting and printings. All issues of the newsletters were mailed • Continued work on the section web page to section members, judges and referees. and list serve program The 2004 Annual Meeting and CLE had one of 3. 2005 Activities the largest turnouts in recent history. There were The anticipated primary activities of the 205 total registrations. The conference contained Products Liability Section in 2004 are its annual strong topics and speakers, with a good balance of CLE, the continued publication of section land use and real estate subjects and substantive Newsletters, and updating and maintaining the opportunities to network. new Products Liability Committee web site. The Executive Committee did extensive research on providing the option to distribute the

44 2004 Committee and Section Annual Reports

Digest electronically. The first issue will go out in 2004 ANNUAL REPORT early spring to members with an e-mail address list- The Securities Regulation Section continued to ed with the bar. For those who choose to have a hold monthly luncheons in Portland at Fernando's paper copy or do not have an e-mail address, their Hideaway with CLE speakers of interest to the copy will be mailed. members. A list of the monthly lunch speakers and The Executive Committee approved and adopt- the dates and subjects of the presentations held to ed the Oregon Opinion Letter Report. The 2004 date are as follows: Report and pro forma opinion were subject to an January 21, 2004 extensive peer comment period and were the sub- Bob Roach, Vice President of OTR, Inc ject of a session at the section's 2004 Annual Escrow Accounts for the Issuance of New Meeting. The report has proven useful for both Securities real estate and lenders' counsel around the country, and it has proven useful for both real estate practi- March 17, 2004 tioners and nonpractitioners alike. Scott Shorr and Joe Arellano 2003 Securities Legislation: The Earth Moved or Respectfully submitted: E. Shannon Johnson Did It? Two Perspectives on the Significance and (Ch), Wallace W. Lien (Ch Elect), Patricia L. Effect of 2003 Revisions to Oregon Blue Sky Laws Chapman (SEC), Karen Williams (TR), Dean N. Alterman, Greg Nelson, Liz Fancher, April 21, 2004 Christian E. Hearn, Jeffrey H. Keeney, Joan S. Rich Callahan, Audit Partner, KPMG LLP Kelsey, John C. Pinkstaff, Greg Nelson, Effects of Sarbanes-Oxley on the Accounting Dominic Colletta, Ronald Bryant (BC), Jane Profession Gillespie (BL). May 19, 2004 Robert Banks, Esq. Recent Developments in Securities Arbitration Securities Regulation Section June 16, 2004 Jeffrey Erb, Assistant General Counsel of List of nominees for the OSB Securities Regulation PacifiCorp Section Executive Committee The last (most costly) Hurdle to Sarbanes Compliance: An Insider's View of Internal Control Two year terms on the Executive Committee Now and in the Future David Matheson, Perkins Coie July 21, 2004 Charmin Shiely, Foster Pepper Tooze Representatives of the Oregon Division of Robert Muraski, Farleigh Wada & Witt Finance and Corporate Securities Paul Trinchero, Grenley Rotenberg Evans Bragg Meet Our Regulators & Bodies September 15, 2004 Greg Mallory, Schwabe Williamson & Wyatt Pauline Calande, SEC Asst. District Administrator for Enforcement Officers: What's New at the SEC? President: Michael Zusman, Evans & Zusman The section co-sponsored the 24th Annual President-Elect: David Post, Miller Nash Northwest Securities Institute with the Treasurer: Sherrill Corbett, Tonkon Torp Washington State Bar in Seattle, Washington on February 27-28, 2004. The section will hold its Secretary: Timothy DeJong, Stoll Stoll Berne annual meeting on October 19, 2004. The dinner Lokting & Schlachter

45 2004 Committee and Section Annual Reports will feature Professors Donald Balmer and James Sole & Small Firm Practitioners Moore speaking on political science and the 2004 elections. Section Along with the Business Law Section and the The Sole and Small Firm Practitioners Section bar, the section also took part in forming the represents the interests of attorneys in either sole Uniform Securities Act Task Force which is practice or in firms of five or fewer attorneys, and charged with analyzing the uniform act. The sec- strives to serve their needs. tion will monitor the Task Force and any other proposed legislation affecting securities regulation. Specific activities: The section has awarded three $500 scholar- 1. Organized and facilitated meetings of local ships to the top securities regulation section stu- groups of member attorneys meeting either dent at each Oregon law school. The section also once a month or when a speaker and CLE made a donation to a memorial fund honoring topic can be coordinated. The section is con- Robert Alt, a corporate law professor at Willamette tinually looking for volunteers willing to and long time contributor to the section and its organize in other areas or to supplement programs who passed away this year, as well as a existing groups. contribution to the Campaign for Equal Justice. 2. Continued to use its list serve to link section The section continues to have a positive finan- members via computer cial situation. The section will have a modest sur- 3. Cosponsored CLE with LPMS, ONLD at the plus for the year, with cash flow from membership OSB Annual Meeting in Seaside. The ses- fees and annual dues sufficient to meet expenses sion was on "Tips for Successfully Practicing for luncheons, the annual meeting and other ordi- Law in the E-environment" and featured a nary expenses. panel presentation. For 2005, the section expects to continue the 4. Continued to assess the structure and goals monthly luncheons and other programs. The of the section in response to member needs. NWSI will be held in Portland in February, 2005. The section will continue to monitor relevant leg- 5. Developed a web site. islation and any other areas of interest to the mem- Respectfully submitted: Robert A. Browning bers. (CH), Vincent A. Deguc (CH-Elect), Russell Respectfully submitted: Jon R. Summers (CH), D. Bevans (Past CH), James A. von Hippel Michael C. Zusman (CH-Elect), Steve D. (TR), Donna G. Goldian (SEC), Michael L. Larson (Past CH), David G. Post (TR), Sherrill Cooper, Kelly M. Doyle, W. Scott Phinney, A. Corbett (SEC), Richard L. Baum, Gustavo J. Lauren J. Paulson (BC), Margaret Robinson Cruz, Timothy S. DeJong, Joshua E. Husbands, (BL). Greg Mallory, Kimberly Anne Medford, Nancie K. Potter, Kathryn P. Salyer, Jonathan P. Hill (BC), Susan Evans Grabe (BL).

46 2004 Committee and Section Annual Reports

Taxation Section members, with articles of interest to the Tax Section members. So far we have sent out two In 2004, the section focused on the following newsletters, and our third one for the year should areas: be out shortly. We plan to do three or four newsletters again in 2005. Luncheon Series Respectfully submitted: Timothy O'Rourke (CH), Tax luncheons are held in both Portland and Karey A. Schoenfeld (CH-Elect), William S. Salem for local practitioners. The Portland series Manne (Past CH), Marc K. Sellers (TR), C. included sessions from January through November. Jeffrey Abbott (SEC), Mark L. Huglin, Joshua Salem had seven lunches again this year. The mail- E. Husbands, Charles S. Lewis, Valerie Sasaki, ings for Salem were sent by e-mail this year, allow- Barbara J. Smith, Katherine O. VanZanten, ing the program to make a little money this year! Joseph Wetzel, Albert A. Menashe (BC), Karen Both lunches make a little bit of profit, but the pri- D. Lee (BL). mary focus is education of members.

Legislative Issues Workers’ Compensation Section The Tax Section has proposed two different statutory changes: 2004 Section Activities: • Allow nonprofit entities to hold real estate 1. Executive Committee Meetings in an LLC and still qualify for property tax Monthly section Executive Committee meet- exemptions. ings were held, with the exception of June 2004 • Change the definition of a QTIP trust for due to a lack of a quorum. Minutes of each meet- inheritance tax purposes, to allow more ing have been submitted to the bar in accordance existing trusts to qualify for exclusion of with the section bylaws. The minutes were taken inheritance taxes at the death of the first by Martin Alvey, Secretary, and can be accessed on spouse to die. the section's web site. • In addition, John Draneas represented the 2. Annual Meeting Tax Section on a Governor's Task Force to The section's 22nd Annual Meeting was held develop a new definition of independent on May 14, 2004 at the Salishan Lodge at contractor. The Task Force unanimously Gleneden Beach, Oregon. The meeting is coupled approved a change, which will be presented with a two-day CLE, which was held on May 14 to the Legislature in the 2005 term. and 15. This CLE was, as usual, very well-attended by both sides of the bar, judges and board members. 2005 Annual Tax Institute The CLE was approved for 6.75 MCLE credits We are still in the planning stages of our annual (including 1 ethics credit). The program included tax institute to be held in May 2005. We did not various legal and medical speakers covering topics hold an institute in 2004, so that we could shift relevant to practitioners on both sides of the bar. the timing to May from the prior schedule in the 3. Bench/Bar CLE fall. We hope this will draw better attendance. The section also sponsored a Bench/Bar Ethics Newsletter CLE on November 12, 2004. The CLE was at the Willamette Valley Vineyards in Salem, Oregon. We continued to produce a newsletter to our The conference covered three hours of discussion

47 2004 Committee and Section Annual Reports regarding various topics involving ethics, including 2005 Section Activities behavior in depositions, ethics at the Board, and 1. The Executive Committee will continue with ethics in everyday situations. The seminar was very monthly meetings held in accordance with the sec- well attended and was approved for 2.25 ethics and tion bylaws. .75 general credits. This seminar, which included lunch, was provided free of charge to members. 2. The standing committees will continue to meet on an as needed basis to function with the 4. Executive Committee officers and members following general goals: for 2005 Legislative: Monitor proposed and potential leg- At the 2004 Annual Meeting, the section mem- islation, advise the committee regarding the advis- bership elected officers and executive committee ability of proposed legislation, and review current members for 2005. workers' compensation laws to keep the committee Officers for 2005: apprised of new developments. Chair: ALJ Abigail Herman Rules: Monitor proposed and potential rules Chair Elect: Martin Alvey, under the Board and Department; advise the com- Secretary: Linh Vu mittee regarding the advisability of proposed rules; Treasurer: Matthew Roy, and review the current rules of the board and the department in consideration of suggestions for the Past Chair: Rodger Hepburn improvement of current rules. Committee Members: Professionalism: Advance the interests of section ALJ Jill Riechers members by sponsoring seminars and programs Julie Masters dealing with professionalism and ethics; consider Shelley Edling means by which the section can improve relations between the membership and those providing serv- Dean Lederer ices to injured workers and employers, clients and Mark Thesing members of the public. The goal for 2005 is to put Meg Carmen on either one or two Bench/Bar ethics CLEs. ALJ Keith Kekauoha Given the success of the November 12, 2004 pro- Charles Mundorff gram, the plan is to put on at least one program next year at Willamette Valley Vineyards. Holly Somers Matthew Roy and Sandra Haynes are being looked Art Stevens to as the primary facilitators/planners for next Debra Ehrman years' Bench/Bar CLEs. 5. Executive Standing Committees: Race/Ethnic: Identify means by which the section can facilitate the use of the Workers' Legislative Compensation Forum by practitioners and mem- Rules bers of the public; educate lawyers, judges and Professionalism those providing services to injured workers and Race/ethnic employers regarding the potential impact of cultur- Salishan CLE al differences upon use of the Workers' Compensation System. Communications Daughtry Award Salishan/CLE: Plan and coordinate the annual section business meeting and CLE. The section These committees met on an as needed basis voted to hold the 2005 annual meeting/CLE at throughout 2004.

48 2004 Committee and Section Annual Reports

Salishan Lodge. Betsy Wosko has agreed to chair the subcommittee and the committee is already in the process of planning the 2005 event. Communications: Monitor the development and production of the section web site, the section newsletter, and continue efforts in getting relevant practice information to all section members. The committee is looking into sending out a high quality section newsletter on a monthly or quarterly basis. Daughtry: This committee is made of the most recent three past chairs and meets to make recommendations to the full committee on the merit of nominations for the award. This committee will begin meeting in January 2005 to start accepting nominations and making recommendations to the full committee for the award, which, if given, will be presented at Salishan 2005. 3. Proposed legislative changes: None at this time. 4. Proposed rule changes: None at this time.

2005 Budget: The 2005 section budget was approved by the committee at the November 12, 2004 meeting and the section treasurer, Debra Ehrman, has submitted her report along with the budget directly to the Board of Governor's Budget and Finance Committee for its approval. Respectfully submitted, Rodger M. Hepburn (CH), Abigail L. Herman (CH-Elect), Philip H. Garrow (Past CH), Debra Ehrman (TR), Martin L. Alvey (SEC), Meg Carman, Shelley K. Edling, Sandra K. Haynes, Keith B. Kekauoha, Dean J. Lederer, Charles R. Mundorff, Matthew Lansing Roy, Holly J. Somers, Arthur W. Stevens, Mark Thesing, Linh T. Vu, Linda K. Eyerman (BC), Suzanne Cushing (BL).