The Art of Communication News
Larkins Vacura Kayser Recognized in Chambers USAJune 1, 2022
Larkins Vacura Kayser is pleased to announce that Chambers and Partners has recognized LVK in its 2022 Chambers USA Guide. LVK was ranked among the top firms in Oregon for Litigation: General Commercial. Additionally, LVK attorneys Julie Vacura and Chris Kayser were ranked among the top lawyers in Oregon for Litigation: General Commercial. The Chambers USA Guide ranks the top attorneys and law firms throughout the United States based on in-depth market analysis and independent research. Since its inception in 1990, Chambers and Partners has been known in the legal profession as “the gold standard” when it comes to finding the best lawyers and law firms around the world.
Tania Manners Joins Larkins Vacura KayserMay 23, 2022
Larkins Vacura Kayser is pleased to announce that Tania Manners has joined our firm. An experienced trial attorney, Tania has represented plaintiffs and defendants in complex litigation for nearly two decades. She is passionate about helping her clients navigate through the legal process to obtain a favorable resolution of their matter. She has a reputation for conducting skillful depositions and negotiations and will aggressively seek pre-trial resolution when appropriate, while relishing opportunities to achieve victory for the client in the courtroom. We’re excited to have her join our commercial litigation team.
Sydney Duong Holmes Chairs Governance Committee for Word is Bond PDXMay 11, 2022
Larkins Vacura Kayser attorney Sydney Duong Holmes was recently appointed Chair of the Governance Committee for the Board of Directors at Word is Bond PDX (WIB), a regional nonprofit dedicated to rewriting the narrative between young Black men and law enforcement. As part of that mission, WIB serves young Black men ages 16-21 in the Portland metro area by providing paid internships, leadership development, and opportunities to redefine community safety through critical dialogue with local officials, public speaking, and storytelling. With the help of Governance Committee members Andrew Campbell, a development consultant at Multnomah County Health Department, and Keith Wilson, President and CEO of TITAN Freight Systems, as well as community member Geoffrey Ivaska, an attorney specializing in corporate agreements, …
Kelsey Benedick Joins Board of The U.S. District Court of Oregon Historical SocietyApril 20, 2022
Larkins Vacura Kayser attorney Kelsey Benedick was recently selected to join the board for The U.S. District Court of Oregon Historical Society, which is dedicated to preserving the history of the U.S. District Court of Oregon and the Oregon legal community. As part of that effort, the Society takes and transcribes the oral histories of judges, attorneys, litigants, and other persons involved in the court’s history. Additionally, the Society hosts an annual picnic and annual awards dinner, and publishes a newsletter with articles based on oral histories, past and current court events, and the Society’s activities, among other things.
Cody Hoesly Teaches Three CLEs in Two WeeksMarch 4, 2022
Larkins Vacura Kayser attorney Cody Hoesly presented three CLEs on February 24 and March 3, 2022. On February 24, he presented about summary judgment for the Multnomah Bar Association Young Lawyers Section. On March 3, Hoesly presented about recent significant appellate decisions for the Oregon Trial Lawyers Association. That same day, Hoesly also presented about whether Oregon’s general statute of ultimate repose applies to state securities law claims for the Oregon State Bar Securities Regulation Section.
Larkins Vacura Kayser Prevails on Whistleblower Retaliation ClaimJanuary 14, 2022
Larkins Vacura Kayser attorney Cody Hoesly prevailed before the Ninth Circuit Court of Appeals in Miller v. Watson, 2021 WL 5905722 (Dec. 14, 2021). Reversing the trial court’s grant of summary judgment against our client, the plaintiff, the Court of Appeals held that under Oregon law a statutory whistleblower retaliation claim alleging wrongful discharge does not accrue until the actual discharge occurs, even if the employee receives advance notice of their impending discharge. The court contrasted that rule with the rule governing similar federal claims, under which the claim accrues when the employee receives the notice.
Founding Partner Bill Larkins RetiresJanuary 1, 2022
Larkins Vacura Kayser founding partner Bill Larkins has retired, effective December 31, 2021. Over the course of his 40 years in practice, Bill handled all kinds of business disputes for national, regional and local clients. His expertise in representing financial institutions in embezzlement, fraud, foreclosure, and mortgage securitization cases was so widely recognized that in 2018 he was named Lawyer of the Year in Banking and Finance Litigation in Oregon by Best Lawyers. Clients appreciated Bill’s focus on providing exceptional service, as well as his deliberative approach. We have appreciated Bill’s collaborative leadership and nurturing mentorship, his steady hand and the purpose-driven vision he brought to decision-making at the firm, and his sense of humor. We will miss working with …
Larkins Vacura Kayser Supports World Scholarship InitiativeNovember 24, 2021
Larkins Vacura Kayser has proudly made a donation to the World Scholarship Initiative to fund its important work. WSI is an international development organization that funds education for bright Kenyan students with financial need. LVK attorney Tom Bode is WSI’s founder and president. Since 2013, WSI has sponsored students in high school, technical college, and university. Its goal is to help individuals, especially young women, to achieve their full potential through education, and along the way to fight ignorance, increase health, and reduce social and economic inequality. For example, in 2021, a young woman graduated from the University of Nairobi with a Bachelor’s degree in Chemistry after nine years of support from WSI. LVK is proud to support WSI in …
Larkins Vacura Kayser Obtains Favorable Settlement on Behalf of Pro Bono ClientNovember 9, 2021
Larkins Vacura Kayser attorney Kelsey Benedick obtained a favorable settlement on behalf of a pro bono client in a Section 1983 civil rights matter. The client, an adult in custody (AIC) at an Oregon prison, represented himself pro se in claims against various Oregon Department of Corrections officials alleging violation of his Eighth Amendment and Fourteenth Amendment rights, among other claims. The U.S. District Court for the District of Oregon appointed Ms. Benedick as pro bono counsel to conduct additional fact discovery and summary judgment briefing, and to potentially take the case to trial. The parties reached a settlement of the dispute during a judicial settlement conference, which resulted in significant monetary compensation to the client, increased access to exercise …
Larkins Vacura Kayser Again Recognized as an Oregon Best Law FirmNovember 4, 2021
Larkins Vacura Kayser is pleased to announce that it was again recognized in the 2021 Edition of Best Law Firms in Oregon. The firm was again named as a Tier 1 Best Law Firm in Commercial Litigation, Banking & Finance Litigation, and Antitrust Litigation, a Tier 2 Best Law Firm in Securities Litigation, Environmental Litigation, and Appellate Practice, and a Tier 3 Best Law Firm in Real Estate Litigation. The rankings are based on peer selection.
Larkins Vacura Kayser Prevails at Trial on Behalf of Start-up Commercial TenantOctober 28, 2021
Larkins Vacura Kayser attorneys Julie Vacura and Kelsey Benedick recently prevailed in a bench trial before Judge Karen Ostrye of the Hood River County Circuit Court in Port of Cascade Locks v. The Puff Factory, 16CV06323. The Port of Cascade Locks entered into a ten-year commercial lease with our client, The Puff Factory, and then terminated the lease approximately four-and-a-half months into the ten-year term based on alleged breaches of lease by The Puff Factory. LVK succeeded in showing the court, through the Port’s own witnesses, that the Port’s claims failed. Judge Ostrye dismissed the Port’s breach of lease claim after the Port’s case-in-chief, finding that The Puff Factory did not materially breach the lease or otherwise abandon or vacate …
Push and Pull: Recent Appellate Rulings About ArbitrationOctober 1, 2021
Larkins Vacura Kayser attorney Cody Hoesly recently published an article on recent appellate rulings about arbitration. The article is linked here and originally appeared in the Fall 2021 issue of Trial Lawyer magazine, the quarterly publication of the Oregon Trial Lawyers Association.
Sydney Duong Holmes Joins Larkins Vacura KayserOctober 1, 2021
Larkins Vacura Kayser is pleased to announce that Sydney Duong Holmes has joined our firm. A graduate of the University of Oregon School of Law, Sydney is a new lawyer but a life-long problem solver who has worked in both the public and private sectors. She brings to each case her keen analytical skills, versatility, and the moxie required of a fierce and principled advocate. We’re excited to have her join our commercial litigation team.
Larkins Vacura Kayser Attorneys Again Recognized as Oregon Best Lawyers®August 19, 2021
Larkins Vacura Kayser is pleased to announce that every lawyer in the firm is recognized as a top lawyer in Oregon in the 2022 Edition of Best Lawyers. Julie Vacura was named the 2022 Lawyer of the Year for Real Estate Litigation. Heather Cavanaugh, Cody Hoesly, Chris Kayser, Bill Larkins, John Rake, and Julie Vacura were recognized as Best Lawyers. And Brett Applegate, Kelsey Benedick, Tom Bode, Hopi Costello Ruplin, and Dave Samuels were recognized as Ones to Watch. The rankings are based on peer selection. Heather Cavanaugh has been ranked a Best Lawyer since 2021 and is recognized in the field of Commercial Litigation Cody Hoesly has been ranked a Best Lawyer since 2018 and is recognized in the fields of …
Larkins Vacura Kayser Participates in Significant Oregon Ruling on Shareholder Derivative SuitsJuly 19, 2021
Larkins Vacura Kayser attorney Cody Hoesly filed an amicus brief on behalf of the Oregon Trial Lawyers Association, urging the Oregon Supreme Court to hold that shareholders who bring a derivative suit for breach of fiduciary duty have a right to a jury trial of their damages claims under the Oregon Constitution. On July 1, 2021, the court agreed in a unanimous opinion, relying heavily on its holding in a prior case for which Hoesly authored a successful amicus brief. Deep Photonics Corp. v. LaChapelle, 368 Or 274 (2021).
Larkins Vacura Kayser Attorneys Again Recognized as Oregon Super LawyersJuly 12, 2021
Larkins Vacura Kayser is pleased to announce that Julie Vacura was again recognized as one of the Top 50 lawyers in Oregon, and one of the Top 25 women lawyers in Oregon, in the 2021 issue of Oregon Super Lawyers. The firm is also pleased to announce that Bill Larkins, Chris Kayser, and Cody Hoesly were again recognized as Super Lawyers, signifying their place in the top 5% of all lawyers in Oregon. Finally, the firm is pleased to announce that Brett Applegate, Kelsey Benedick, and John Rake were again recognized as Rising Stars, signifying their place in the top 2.5% of all Oregon litigators under 40 or in their first 10 years of practice. The rankings are based on …
Shauna Manner Named President of Oregon Association of Legal Administrators Board of DirectorsJune 29, 2021
Larkins Vacura Kayser Firm Administrator Shauna Manner was elected to serve as the 2021-2022 Board of Directors President for the Oregon Chapter of the Association of Legal Administrators (ALA), a professional organization connecting leaders within the legal industry. ALA provides educational programming, peer collaboration, and professional connections to law firm leaders.
Cody Hoesly’s Amicus Brief Praised by Oregon Court of AppealsMay 14, 2021
Larkins Vacura Kayser attorney Cody Hoesly’s amicus curiae brief was praised by the Oregon Court of Appeals in Hernandez v. Catholic Health Initiatives, 311 Or App 70 (2021). The court interpreted ORS 659A.030(1)(g), which prohibits “any person, whether an employer or an employee,” from aiding and abetting unlawful employment practices. Relying on the “detailed tracing of the history of ORS 659A.030(1)(g), including copies of primary source materials”–such as mid-20th century newspaper and law review articles, and Oregon and New York laws and legislative history—the court held that the statute applies to “any person,” not just employers and employees. In doing so, the court rejected the contrary rulings in several cases from the United States District Court for the District of …
LVK Designated Liaison Counsel for Investors in Class Action related to Craft Brew Alliance MergerMay 12, 2021
LVK was recently appointed as liaison counsel in three consolidated class actions contesting Craft Brew Alliance’s cash-for-stock merger with Anheuser-Busch. LVK, as local counsel for a Craft Brew Alliance investor, and working with national counsel Block & Leviton LLP, filed a class action complaint alleging claims for breach of fiduciary duties and aiding and abetting against Anheuser-Busch, Anheuser-Busch InBev SA/NV, and the former directors of Craft Brew Alliance. Two other plaintiffs filed similar class action complaints related to the merger. After consolidating the cases, the court addressed the issue of who should be designated as lead plaintiff, lead counsel, and liaison counsel. The court ruled that LVK, Block & Leviton, and their investor client presented the stronger case to lead this litigation. The …
Oregon Securities Law: Things Look Different HereApril 14, 2021
Larkins Vacura Kayser attorney Cody Hoesly recently published an article on Oregon’s unique securities law. The article is linked here and originally appeared in the Spring 2021 issue of Trial Lawyer magazine, the quarterly publication of the Oregon Trial Lawyers Association.