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.
Cody Hoesly Joins Committee Coordinating Oregon’s 2021 Convocation on EqualityApril 8, 2021
Larkins Vacura Kayser attorney Cody Hoesly was recently selected to join the Stakeholder Engagement Committee of the Oregon State Bar’s Diversity Section, which is planning and will hold its third decennial Convocation on Equality in November 2021. The Stakeholder Engagement Committee coordinates the participation of stakeholders to ensure that the full scope of the Bar’s diversity and equity efforts are reflected in the Convocation on Equality.
Cody Hoesly’s Scholarship Quoted by Oregon Supreme CourtMarch 1, 2021
Larkins Vacura Kayser attorney Cody Hoesly’s chapter on “Mortgage Foreclosure” in the Oregon Real Estate Deskbook (2015) was recently quoted with favor by the Oregon Supreme Court in Bank of New York Mellon Trust Co. v. Sulejmanagic, 367 Or 537 (2021). The court quoted Hoesly’s book chapter for the proposition that the omission of a junior lienholder from a judicial foreclosure action “does not invalidate a foreclosure judgment or sale, but it does render the junior lienholder unaffected by the judgment and sale; the junior lienholder retains his or her lien, right to foreclose that lien, and equity of redemption.”
Larkins Vacura Kayser Recognized Among Portland’s Most Diverse FirmsFebruary 4, 2021
Larkins Vacura Kayser is pleased to announce that it was recognized as one of Portland’s Most Diverse Law Firms with between 5 and 19 attorneys in 2021 by the Portland Business Journal. This ranking is based on the fact that 43% of the partners at Larkins Vacura Kayser are women, as are 45% of the firm’s attorneys.
Brett Applegate Named Partner at Larkins Vacura KayserJanuary 15, 2021
Larkins Vacura Kayser is delighted to announce that Brett Applegate has become a partner in the firm. Brett’s practice focuses on helping resolve business, contractual, and real estate disputes on behalf of a range of clients, including large and small businesses, financial institutions, and individuals.
Larkins Vacura Kayser Scores Big for Legal AidJanuary 6, 2021
30 teams composed of 143 people participated in a November 2020 virtual trivia night fundraiser for the Lawyers’ Campaign for Equal Justice. We are proud to announce that the team from Larkins Vacura Kayser had more donors than any other team, came in the top three for funds raised, and tied for second most points in the trivia game. The Campaign for Equal Justice raises funds to support Oregon’s Legal Aid programs.
Larkins Vacura Kayser Prevails on Behalf of Financial InstitutionDecember 18, 2020
Larkins Vacura Kayser attorney Brett Applegate prevailed before the Oregon Court of Appeals in Felten v. U.S. Bank, 307 Or App 412 (2020). The Court of Appeals affirmed without opinion the trial court’s grant of a motion to dismiss all claims that were alleged against our client, U.S. Bank. The claims at issue included negligence, breach of good faith and fair dealing, and declaratory relief. Larkins Vacura Kayser attorneys Brett Applegate and Bill Larkins were trial counsel in this case.
Larkins Vacura Kayser Again Recognized as an Oregon Best Law FirmNovember 5, 2020
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 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.
Former LVK Partner Bridget Donegan Selected as General Counsel of Portland City Auditor’s OfficeOctober 5, 2020
Bridget Donegan has been selected as General Counsel of the Portland City Auditor’s Office and will begin serving in that capacity in mid-October 2020. Though LVK attorneys and staff will greatly miss working with Bridget, we are delighted her sharp judgment and legal skills will be used for our local government.
The mission of the Auditor’s Office is to promote open and accountable government by providing independent and impartial reviews, access to public information, and services for City government and the public. In her new role, Bridget will be providing legal and policy advice to the Auditor and division managers on a broad range of issues related to performance auditing, complaint investigations, public records and meetings, lobbying regulations, and police accountability.
Bridget …Cody Hoesly Joins Oregon State Bar Litigation Section Executive CommitteeSeptember 30, 2020
Larkins Vacura Kayser attorney Cody Hoesly was recently elected to join the Oregon State Bar Litigation Section Executive Committee with a term beginning January 1, 2021.
Larkins Vacura Kayser Attorneys Again Recognized as Oregon Best LawyersAugust 20, 2020
Larkins Vacura Kayser is pleased to announce that Heather Cavanaugh, Bridget Donegan, Cody Hoesly, Chris Kayser, Bill Larkins, and Julie Vacura were recognized as Best Lawyers in Oregon in the 2021 Edition of Best Lawyers, and that Brett Applegate, Kelsey Benedick, and Hopi Costello Ruplin were recognized as Ones to Watch. The rankings are based on peer selection.
Heather Cavanaugh was ranked a Best Lawyer for 2021 and is recognized in the field of Commercial Litigation
Bridget Donegan was ranked a Best Lawyer for 2021 and is recognized in the fields of Commercial Litigation and Securities 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 …Larkins Vacura Kayser Successfully Defeats Motion to Reconsider Dismissal with PrejudiceAugust 10, 2020
Larkins Vacura Kayser attorneys Bill Larkins and Kelsey Benedick recently defeated a motion to reconsider a Washington court’s dismissal with prejudice of claims for quiet title and declaratory relief brought against their client. The firm argued that plaintiff’s motion for reconsideration was improper because it raised new theories of the case that plaintiff could have raised previously and which were unsupported by plaintiff’s own factual allegations. Additionally, those new theories did not save plaintiff’s claim to title, which failed as a matter of law. The court agreed, and denied plaintiff’s motion to reconsider the dismissal with prejudice.
Larkins Vacura Kayser Securities Class Action Featured in The OregonianJuly 30, 2020
Larkins Vacura Kayser class action suit on behalf of investors who lost more than $17 million in failed American Eagle Mortgage funds featured in The Oregonian following removal of the suit to federal court.
Larkins Vacura Kayser Obtains Default Judgment under Novel Theories of LawJuly 7, 2020
Larkins Vacura Kayser attorneys Julie Vacura and Kelsey Benedick, along with co-counsel Neil Klein and Maria del Rocio Ashby of McKasson & Klein, secured a default judgment of over $2 million in Oregon U.S. District Court on behalf of client Bunge S.A. Bunge, a global distributor of agricultural commodities, obtained a foreign arbitration award against Pacific Gulf Shipping (Singapore) Pte. Ltd. following its failure to pay Bunge for a chartered vessel. Bunge sought recognition, confirmation, and enforcement of the foreign arbitration award in the District of Oregon against Pacific Gulf as well as a related company that Bunge established acted as Pacific Gulf’s alter ego. The related company was the plaintiff in a separate lawsuit in the District of Oregon, …Larkins Vacura Kayser Attorneys Again Recognized as Oregon Super LawyersJuly 6, 2020
Larkins Vacura Kayser is pleased to announce that Julie Vacura was again recognized as one of the Top 10 lawyers in Oregon, and one of the Top 25 women lawyers in Oregon, in the 2020 issue of Oregon Super Lawyers. The firm is also pleased to announce that Bill Larkins, Chris Kayser, and Cody Hoesly were also 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 Bridget Donegan 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, and that Brett Applegate and Kelsey …Larkins Vacura Kayser Receives Favorable Outcome in Dental Practice Dissolution DisputeJuly 6, 2020
Larkins Vacura Kayser attorneys Chris Kayser and Heather Cavanaugh recently received a favorable decision in an arbitration they tried in February. The arbitrator awarded their client $706,000 in a case involving the breakup and dissolution of a dental practice.
Larkins Vacura Kayser Files Amicus Brief in Challenge to Fairness of Immigration Court ProceedingsJune 2, 2020
Larkins Vacura Kayser attorney Cody Hoesly filed an amicus brief on behalf of 26 immigration law, civil procedure, and administrative law professors in Las Americas Immigrant Advocacy Center v. Trump. The brief argues that the court has jurisdiction to hear the plaintiffs’ claims that the Trump administration has undermined impartial adjudication of immigration cases and failed to establish a fair immigration court system in which the plaintiff organizations can provide meaningful legal representation to their asylum-seeking clients.
Larkins Vacura Kayser Participates in Historic Oregon Campaign Finance RulingApril 25, 2020
Larkins Vacura Kayser attorney Cody Hoesly filed an amicus brief on behalf of several Oregon political parties, urging the Oregon Supreme Court to reverse its prior precedent and hold that reasonable campaign contribution limits are permitted by the Oregon Constitution. On April 23, 2020, the court agreed in a unanimous opinion, which the media has described as “historic” and ushering in “a new era in campaign finance.” Multnomah County v. Mehrwein, 366 Or 295 (2020).