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Politics in the Workplace

The concept of "free speech" is as American as apple pie. However, any employment litigator or human resources professional can tell you that free speech and what is appropriate in the workplace are very different concepts.

Drafty Subcontracts Expose GCs

The recent Oregon Supreme Court ruling in Yeatts v. Polygon Northwest Co. emphasizes the importance of carefully drafting subcontracts to limit general contractor liability under Oregon’s Employer Liability Law. The court found, in part, that a GC that retains a right to control safety in a subcontractor agreement—even if that right is minimal— opens itself up to liability under the Employer Liability Law.

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Vapor Intrusion: Regulatory Update, Technical Issues and Legal Implications

“Vapor Intrusion: Regulatory Update, Technical Issues and Legal Implications” is the focus of an EECMA conference panel to tap the expertise of environmental legal expert Tom Vandenburg. A partner at WSHB, Vandenburg has successfully handled numerous complex environmental and toxic tort matters throughout California and in the states of Washington, Nevada, Arizona and Colorado. In his nearly 25-year career, Mr. Vandenburg has served as lead attorney for many high profile clients, securing multi-million environmental and toxic tort solutions for those clients, including a major university system, numerous public entities, and many large agricultural and manufacturing companies.

She Negotiates: Negotiating Strategies for Success

Brenda Radmacher, partner at WSHB, will share negotiating strategies for success at the Groundbreaking Women in Construction conference on Tuesday, May 2, 2017, in San Francisco. The GWIC is the premier conference for women professionals in the construction industry. Ms. Radmacher’s interactive seminar is designed to equip attendees with the core negotiation techniques and skills required to manage and take control of a negotiation. “Negotiation is at the heart of every deal and is part of most, if not every, business transaction,” said Ms. Radmacher. “Women in construction can maximize their effectiveness if they learn critical negotiation techniques and skills.”

WSHB EPL Case Law Update: Baker v. Maricle Industries, Inc., et al.

Executive decision makers typically rely on reports from managers, as well as their own observations and judgments, in making employment decisions. Based on the Baker court's ruling, decision makers should clearly document the reasons for their employment decisions, making it clear that the decision is not based on any discriminatory animus and is not in retaliation for an employee's protected act in order to avoid claims of personal liability against the decision maker.

On Solid Ground? Reliance Upon and Use of Technology in Real Estate Transactions

How has increased reliance on and use of technology affected the legality of real estate transactions? The pervasiveness of technology in the context of real estate transactions, specifically with regard to the distinction between the existence or non-existence of a binding contractual agreement, has increased dramatically over the past few years. From communications concerning purchase and sale of real property via text message to the use of electronic signatures in entering into binding transactions, the influence of technology in this industry cannot be understated. In effect, it has become pertinent to analyze the use of technology in a legal context in order to ensure a comprehensive understanding of the effect these tools can have in many types of transactions.

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