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Larkins Vacura Kayser Attorneys to Serve on Oregon State Bar Section Executive CommitteesFebruary 20, 2024
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.
Prior Restraint PrimerFebruary 1, 2024
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 …
Larkins Vacura Kayser Congratulates Our New Partners - Kelsey Benedick, Hopi Costello Ruplin, and David SamuelsJanuary 1, 2024
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, …
Larkins Vacura Kayser Spotlights Key 2023 Health LegislationOctober 4, 2023
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. …
Federal Court Rulings Favor Larkins Vacura Kayser Clients in American Eagle Mortgage Class ActionSeptember 14, 2023
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 …
Continuing Care Retirement Communities: What the careful lawyer needs to knowAugust 18, 2023
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 Attorneys Recognized as 2024 Oregon Best Lawyers®August 17, 2023
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 Attorneys Recognized as 2023 Oregon Super LawyersJuly 24, 2023
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 …
Tania Manners Elected to Multnomah Bar Association Board of DirectorsMay 30, 2023
Congratulations to Larkins Vacura Kayser partner Tania Manners who has been elected to serve on the Multnomah Bar Association’s Board of Directors for a three-year term, which begins on June 1st. Tania joined the MBA Board after service as Chair of the MBA Equity, Diversity & Inclusion Committee. The MBA Board of Directors is the policy-making body of the organization. Read more on the MBA website. An experienced trial attorney, Tania’s practice focuses on complex civil litigation, commercial business and contract disputes, real property actions and health care litigation.
Larkins Vacura Kayser Attorneys to Serve on Oregon State Bar Section Executive CommitteesJanuary 12, 2023
Larkins Vacura Kayser is pleased to announce that several of its attorneys have joined or become officers of executive committees of Oregon State Bar practice sections in 2023. Tania Manners was elected to join the Executive Committee of the Oregon State Bar Health Law Section as a member-at-large. John Rake was elected as the Treasurer of the Oregon State Bar Securities Regulation Section. Cody Hoesly was elected as the Chair of the Oregon State Bar Securities Regulation Section and the Secretary of the Oregon State Bar Business Litigation Section. Cody also continues to serve on the Executive Committee of the Oregon State Bar Litigation Section as a member-at-large.
Julie Vacura to Serve as Chair of American College of Trial Lawyers State CommitteeDecember 9, 2022
Larkins Vacura Kayser attorney Julie Vacura recently began a two-year term as chair of the State Committee of the American College of Trial Lawyers. The ACTL is recognized as the preeminent organization of trial lawyers in North America, dedicated to maintaining and improving the standards of trial practice, professionalism, ethics and the administration of justice.
Larkins Vacura Kayser Helps Petition the Oregon Supreme Court on Behalf of JusticeDecember 8, 2022
Larkins Vacura Kayser attorneys Tom Bode and Aly Sneider assisted the Animal Legal Defense Fund in petitioning the Oregon Supreme Court to review a Court of Appeals opinion affirming the dismissal of a lawsuit brought by Justice, a horse who was a victim of animal cruelty. The petition argues that animals who have been subjected to cruelty have legal rights with standing to sue for damages, in keeping with Oregon courts’ established recognition that animals should be considered individual victims for sentencing purposes in cruelty cases.
Larkins Vacura Kayser Again Recognized as an Oregon Best Law FirmNovember 3, 2022
Larkins Vacura Kayser is pleased to announce that it was again recognized in the 2023 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 and Appellate Practice, and a Tier 3 Best Law Firm in Environmental Litigation and Real Estate Litigation. The rankings are based on peer selection.
Larkins Vacura Kayser Prevails on appeal of $3 million arbitration awardOctober 26, 2022
Larkins Vacura Kayser attorney Cody Hoesly prevailed before the Oregon Court of Appeals in Floor Solutions, Inc. v. Johnson, 322 Or App 417 (2022). After our client obtained confirmation of a $3 million arbitration award against his former employer for violation of Oregon’s wage statutes, the employer appealed, arguing that the arbitrators had exceeded their powers by manifestly disregarding the law. The appellate court affirmed, holding that “manifest disregard” is not a cognizable basis for challenging an arbitration award under Oregon law.
Larkins Vacura Kayser Prevails on appeal of $9 million damages verdictOctober 10, 2022
Larkins Vacura Kayser attorney Cody Hoesly prevailed before the Ninth Circuit Court of Appeals in Moutal v. Exel, Inc., 2022 WL 3031580 (Aug. 1, 2022). Affirming a $9 million jury verdict in favor of our clients, the Ninth Circuit held that the jury properly awarded $4 million in punitive damages where the defendant’s employee drove an 18-wheel semi-truck into our clients as they rode their bicycles. The driver was speeding down a winding road widely known and well-marked as a bicycle route while repeatedly crossing the fog line and jerking back into his lane over the course of two miles. The Oregonian covered the ruling here.
Aly Sneider Joins Larkins Vacura KayserSeptember 16, 2022
Larkins Vacura Kayser is pleased to announce that Aly Sneider has joined our firm. Aly graduated summa cum laude from Lewis & Clark Law School in 2020 and served as a law clerk to the Hon. Robyn Ridler Aoyagi at the Oregon Court of Appeals until August 2022. She has significant legal writing and research experience. Prior to law school, Aly worked in politics and the non-profit sector, and she cares deeply about her community. Aly brings a collaborative ethos, a keen intellect, and a can-do attitude to all that she does, and we’re excited for her to join our commercial litigation team.
Larkins Vacura Kayser Attorneys Again Recognized as Oregon Best Lawyers®August 18, 2022
Larkins Vacura Kayser is pleased to announce that Heather Cavanaugh, Cody Hoesly, Chris Kayser, John Rake, and Julie Vacura were recognized as Best Lawyers in Oregon in the 2023 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 field of Commercial Litigation Cody Hoesly has been ranked a Best Lawyer since 2018 and is recognized in the fields of Commercial Litigation, Banking & Finance Litigation, and Appellate Practice Chris Kayser has been ranked a Best Lawyer since 2015 and is recognized in the fields of Commercial …
Tania Manners Appointed to MBA Equity, Diversity & Inclusion CommitteeAugust 2, 2022
Larkins Vacura Kayser is pleased to share that Tania Manners has been appointed as Chair of the Multnomah Bar Association’s Equity, Diversity & Inclusion Committee. The mission of the MBA Equity, Diversity & Inclusion Committee is to foster and expand diversity, inclusion and equality in the MBA and greater Multnomah County legal community, and to create and strengthen a relationship of mutual support between the MBA and diverse bar organizations. The committee is responsible for a number of initiatives including the LSAT scholarship program and the MBA Diversity Award nomination and selection process.
Larkins Vacura Kayser Attorneys Again Recognized as Oregon Super LawyersJuly 1, 2022
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 2022 issue of Oregon Super Lawyers. The firm is also pleased to announce that Cody Hoesly, 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 on peer selection and an independent evaluation. Cody …
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.
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