News & Insights

It’s been two years since ChatGPT launched, and now lawyers use AI tools every day to improve their work. This requires knowing the capabilities and limitations of AI tools and the strengths and weaknesses of different tools. Next week, LVK attorney Tom Bode is presenting to the Alaska Bar Association, Torts Section on the issues, benefits and risks of AI in the legal field. Tom has spent hundreds of hours developing AI tools to improve legal research and has been sharing his knowledge and experience with others since the early days of gen AI. This presentation will: compare the custom solutions designed specifically for legal professionals with the general purpose LLM applications showcase real examples of how to successfully use AI tools …

Larkins Vacura Kayser is pleased to announce that the firm has been ranked Metropolitan Tier 1 in Portland, Oregon for Commercial Litigation, Banking & Finance Litigation, Securities Litigation, and Antitrust Litigation by Best Law Firms® for 2025. The firm was also named as a Metropolitan Tier 2 Best Law Firm in Portland, Oregon in Environmental Litigation and Real Estate Litigation, a Metropolitan Tier 3 Best Law Firm in Portland, Oregon in Intellectual Property Litigation, and a National Tier 3 Best Law Firm in the United States in Commercial Litigation. The rankings are based on peer selection.

John Rake was a panelist and participant at the “Expert Appraisers as Expert Witnesses” mock trial educational event at the American Society of Appraiser’s International Conference in Portland, Oregon, on September 16, 2024. John was part of a legal team that performed three unscripted mock depositions and three trial witnesses as training for ASA members. The mock depositions and trial scenarios relied on a hypothetical wildfire fact pattern and resulting damages to real and personal property and business income. Also participating on the legal team was the Honorable Marilyn Litzenberger, Senior Judge for the State of Oregon, and Denise Brown, a trial attorney from Houston who has been elected judge of the 127th Judicial District of Harris County. The event was hosted …

LVK is delighted to welcome two highly talented trial attorneys to our team! Elizabeth Parker and Ben Calleros honed their litigation skills at global firms before joining us in Portland. They have each represented clients across the country in a variety of commercial and civil litigation matters, including class actions, contract disputes, debtor-creditor matters, and regulatory issues. Their depth of experience will be a significant asset to LVK and our clients. Elizabeth has represented clients across the country in a variety of civil litigation and white collar matters involving class actions, contract disputes, fraud, and internal investigations. She brings with her a wealth of experience in all aspects of litigation, from motions practice and trial, through appellate review. Elizabeth’s versatility and …

Larkins Vacura Kayser is pleased to announce that Heather Cavanaugh, Chris Kayser, John Rake, and Julie Vacura were recognized in The Best Lawyers® in 2025 in America and that Tom Bode and Dave Samuels were recognized in the Best Lawyers: Ones to Watch® in America. The rankings are based on peer selection. Heather Cavanaugh has been ranked a Best Lawyer since 2021 and is recognized in the fields of Commercial Litigation and Banking and Finance Litigation Chris Kayser has been ranked a Best Lawyer since 2015 and is recognized in the fields of Commercial Litigation, Antitrust Litigation, Environmental Litigation, and Securities Litigation John Rake has been ranked a Best Lawyer since 2022 and is recognized in the fields of Commercial Litigation, Antitrust Litigation, Intellectual Property …

Larkins Vacura Kayser is pleased to announce that Julie Vacura was again recognized as one of the Top 50 lawyers and one of the Top 25 women lawyers in the 2024 issue of Oregon Super Lawyers. The firm is also pleased to announce that Heather Cavanaugh, Chris Kayser, and John Rake were again recognized as Super Lawyers, signifying their place in the top 5% of all lawyers in Oregon. The rankings are based on peer selection and an independent evaluation. • Heather Cavanaugh has been ranked a Super Lawyer since 2023 and was a Rising Star from 2008 to 2014 • Chris Kayser has been ranked a Super Lawyer since 2018 • John Rake has been ranked a Super Lawyer since 2022 and …

On July 15, 2024, U.S. Judge Hernández issued final approval of a key settlement for a class of Oregon investors represented by Larkins Vacura Kayser in Diane Anderson et al. v. Davis Wright Tremaine et al., No. 3:20-cv-01194-AR (U.S. District Court, Oregon). Larkins Vacura Kayser attorneys Christopher J. Kayser and John Rake, in conjunction with Esler, Stephens & Buckley attorneys Michael Esler and John Stephens, were appointed class counsel for a class of Oregon investors in real estate securities promoted and managed by American Equities, American Eagle Mortgage Management, Ross Miles, and Maureen Wile. The American Equities operation functioned as a Ponzi scheme, using new investments to pay earlier investors and hide losses.  Seven investors represented by Larkins Vacura Kayser and …

On June 11, 2024, John Rake co-presented on Hot Topics in Non-Seller Liability under the Oregon Securities Law with Jacob Goldberg (Stoel Rives) and Stanton Gallegos (Markowitz Herbold). Stoel Rives hosted the lunch presentation, which was also available to virtual attendees. The Oregon State Bar Securities Regulation Section, of which John Rake serves as Secretary, sponsored the presentation. A copy of the presentation materials is available here.

Larkins Vacura Kayser is pleased to announce that Chambers and Partners has recognized LVK in its 2024 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.

In the realm of dispute resolution, mediation and arbitration stand out as prominent alternatives to traditional litigation. Both processes offer parties involved in a conflict an opportunity to address their grievances outside the courtroom, often promoting quicker and more amicable resolutions. While mediation and arbitration share the overarching goal of resolving disputes, they differ significantly in their approaches, procedures, and outcomes. Mediation is a voluntary and collaborative process where a neutral third party, known as the mediator, facilitates communication and negotiation between conflicting parties. Unlike arbitration, the mediator does not impose a decision but encourages the disputing parties to find a mutually agreeable solution. The emphasis in mediation lies on communication, understanding, and compromise. Participants maintain control over the final outcome, …

Larkins Vacura Kayser partner Kelsey Benedick has joined the Multnomah Bar Association (MBA) Young Lawyers Section (YLS) Board of Directors. The YLS provides leadership, networking, professional development, and service opportunities for MBA members.  Kelsey comes to the board after having been a member of the YLS Social Justice Task Force and serving on and co-chairing the YLS Pro Bono Committee.

Larkins Vacura Kayser partner Brett Applegate recently co-authored “Statutes of Limitations and Statutes of Repose,” a chapter in the forthcoming 2024 Oregon State Bar Publication, Torts in Oregon, which is now available electronically to members of the Oregon Bar, and which will be available in print later this year. The chapter addresses a range of topics, including tolling, waiver and estoppel, and specific statutes of limitation and repose. Brett and the team at Larkins Vacura Kayser are passionate and knowledgeable about the (often unique) ins-and-outs of Oregon law. If you are seeking representation in Oregon—or if you are a non-Oregon attorney seeking local counsel services—please give us a call.

Larkins Vacura Kayser is pleased to announce that two of its attorneys have joined or become officers of executive committees of Oregon State Bar practice sections in 2024. John Rake was elected as the Secretary of the Oregon State Bar Securities Regulation Section. Tania Manners was elected to join the Executive Committee of the Oregon State Bar Litigation Section as a member-at-large. Tania also continues to serve on the Executive Committee of the Oregon State Bar Health Law Section as a member-at-large.

A recent case in Oregon federal court has generated news headlines about “prior restraint.” What is a “prior restraint”? In general, it is government action that prohibits speech or other expression before the speech happens; it is, in essence, a form of censorship. Courts are highly skeptical of prior restraints, and have only permitted them in extraordinary cases. Columbia Broad. Sys., Inc. v. United States Dist. Court for Cent. Dist., 729 F.2d 1174, 1183 (9th Cir. 1983). One example of an extraordinary case justifying a prior restraint is the publication of wartime secrets, such as “sailing dates of transports or the number and location of troops.” Near v. Minnesota, 283 U.S. 697, 716 (1931). The Oregon Supreme Court, applying the Oregon …

Kelsey Benedick is a highly-talented and client-centered litigator whose practice focuses on commercial, property, and securities disputes. Committed to helping her clients navigate the legal process with confidence, Kelsey prioritizes creative problem solving, open communication, and adaptability to shifting client concerns and case developments. She is an active member of the Oregon legal community, serving as a board member of the U.S. District Court of Oregon Historical Society, a Co-Chair of the MBA YLS Pro Bono Committee, a board member for Lawyers for Literacy, a member of Lewis & Clark’s Joyce Anne Harpole Committee, and a mentor to local law students. Hopi Costello Ruplin is a strategic thinker with experience in many areas of civil litigation, including securities, real estate matters, …

The recently-concluded Oregon 2023 legislative session included the passage of a number of important health-related bills. Some of the most significant bills include: • HB 2002, which further protects access to reproductive health services in the wake of Dobbs. This bill creates an enforceable right to make decisions about one’s own reproductive health and prohibits liability for the exercise of those rights. It also enshrines access to gender-affirming care by prohibiting health benefit plans from excluding coverage of medically-necessary gender-affirming treatments and by requiring inclusion of gender-affirming treatment in the Oregon Health Plan. The bill prohibits adverse actions by malpractice insurers against health care providers for providing lawful reproductive or gender-affirming health care. • HB 2697, which creates new paradigms for staffing plans. …

On September 5, 2023, U.S. Magistrate Judge Jeff Armistead recommended that the court rule in favor of Larkins Vacura Kayser’s investor clients on two separate motions in Diane Anderson et al. v. Davis Wright Tremaine et al., No. 3:20-cv-01194-AR (U.S. District Court, Oregon). Larkins Vacura Kayser attorneys Christopher J. Kayser and John Rake, in conjunction with Esler, Stephens & Buckley attorneys Michael Esler and John Stephens, represent seven plaintiffs who seek to represent a class of Oregon investors in real estate securities promoted and managed by American Equities, American Eagle Mortgage Management, Ross Miles, and Maureen Wile. The American Equities operation functioned as a Ponzi scheme, using new investments to pay earlier investors and hide losses. Judge Armistead recommended approval of …

Larkins Vacura Kayser attorneys Tom Bode and John Rake recently published an article on advising and representing clients who are considering becoming or already are residents of Continuing Care Retirement Communities. The article, linked here, appeared in the August 2023 issue of the Oregon State Bar Elder Law Newsletter. It discusses the regulatory environment of these facilities, factors potential residents should consider when weighing their retirement living options, and obstacles to enforcing residents’ rights in the case of a dispute.

Larkins Vacura Kayser is pleased to announce that Heather Cavanaugh, Chris Kayser, John Rake, and Julie Vacura were recognized as Best Lawyers in Oregon in the 2024 Edition of Best Lawyers and that 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 fields of Commercial Litigation and Banking and Finance Litigation • Chris Kayser has been ranked a Best Lawyer since 2015 and is recognized in the fields of Commercial Litigation, Antitrust Litigation, Environmental Litigation, and Securities Litigation • John Rake has been ranked a Best Lawyer since 2022 and is …

Larkins Vacura Kayser is pleased to announce that Julie Vacura was again recognized as one of the Top 10 lawyers and one of the Top 25 women lawyers in the 2023 issue of Oregon Super Lawyers. The firm is also pleased to announce that Heather Cavanaugh was recognized as a Super Lawyer and Chris Kayser and John Rake 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 and Kelsey Benedick 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 …