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.
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.
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.