For our "Up" stunt we tied 400 helium balloons to the chimney of the Figo House.  The purpose was to create some levity pun intended and celebrate our successful battle against eminent domain.  The Figo House appeared on the front page of the Oregonian and was covered by all of the local television channels.  The story went viral on the internet including coverage on numerous blogs.  It even crossed the seas and appeared in a British newspaper.  Recently we have been discussing a joint event soon to be announced with a New York filmmaker.

The response to our story demonstrates the widespread public reaction to the abuses of eminent domain law.  It also shows the power of the press and internet.  The Figo House prevailed but the battle against eminent domain abuse continues.

As an Oregon employee if you have a non-compete agreement that predates 1/1/08 you can probably recycle the paper.  Any Oregon employer still using non-competes drafted prior to 1/1/08 needs to update its agreements.  Oregon has drastically limited the enforceability of non-competes.  The subject employee must be engaged in administrative executive or professional work and paid on a salary basis.  In addition the employees total annual gross salary and commissions must exceed the median family income for a 4 person family as determined by the U.S. Census Bureau.  Oregon allows an employer to side-step some of these limitations by continuing to pay the employee half of the employees salary during the period that the employee is restricted from working.  Even without making such payments a ball and chain although not as long or as heavy is still available to the Oregon employer.  The restrictions do not apply to "non-solicitation agreements" -- restrictions from soliciting other employees or soliciting or transacting business with customers of the employer.  We have assisted many employers in converting their non-competes into non-solicitation agreements. Also employers are not restricted from pursuing other claims for ex-employees that pilfer trade secrets and proprietary information.

Kens Artisan Bakery in NW Portland founded in 2001 is a Portland institution well known for baking some of the best artisan bread and pastries in the country. Owner Ken Forkish was a semi-finalist in the James Beard award category Outstanding Pastry Chef in 2008. The bakery supplies many of Portlands best restaurants with bread as well as several Zupans stores and Whole Foods. For photo gallery and more info see www.kensartisan.com.

Kens Artisan Pizza is a dinner-only restaurant in SE Portland featuring blistered-crust Neopolitan-style pizzas baked in a massive wood-fired oven. The pizzeria is also known for its seasonal salads and veggies a 100-bottle wine list and great service. Kens Artisan Pizza was featured as one of the countrys top ten pizzerias by Playboy.com and voted Portlands best pizza on Portland Food & Drinks website.

According to Benjamin Franklin "the only things certain in life are death and taxes."  For those who die in 2010 there is just death and no taxes at least federal estate taxes.  Recently Dan L. Duncan a Texas pipeline tycoon likely became the first billionaire allowed to pass on his entire 9 billion estate to his children and grandchildren.  If he had died in 2009 he would have been subject to a federal estate tax of at least 45 percent.  If he held on until 2011 the rate would likely be 55 percent.  What is so special about 2010? Congress allowed the tax to lapse for this year.  The size of estate subject to federal estate taxes has been increasing over the last decade and Congress had intended to set size limits prior to this year but so far Congress has failed to reach an agreement.  Some speculate that Congress will try to make new limits retroactive to this year.  Any such efforts will likely be met with legal challenges.  There is at least one Texas family with significant funds to devote to defeating a retroactive tax.  Most of us expect to last beyond this year and regardless one may still have to reckon with state estate taxes.  Accordingly estate taxes aka "death taxes" are best minimized or avoided through proper estate planning.

Having my own children including a 7-year-old boy this especially resonates with me.  Kryon Horman has been missing since Friday 6/4.  He was last seen at Skyline Elementary School in Portland Oregon.  Please circulate and contact the authorities if you have any information.  Below is an email from Kyrons father.

Aha Radios app

As of 1/01/10 Oregon prohibits driving while using a mobile communication device.  There are exceptions including summoning medical or emergency help if no one else is capable operating a vehicle in the scope of employment if necessary for ones job activating or deactivating the device or a function of it or if you are 18 or older using a hands-free accessory.  Aha Radio provides a new free iphone application that takes web information Facebook feed Twitter list Yelp results etc. and makes it as easy to access as pressing a radio preset button.  Go to Aha app.  The app also provides instant access to the most current news information and entertainment podcasts so that you can hear an hourly news update when you want it without having to remember to synch your phone.  For hands-free use while driving you can select your favorite station before driving or use the companys "MyFeeds" station that you can set-up to play several bits of your favorite podcasts and other content automatically in a row while driving.  Aha is currently working with auto manufacturers so that you can use your cars stereo controls and voice recognition technology to allow you to navigate through web information and stations on your phone without having to touch it at all.  So why the subtitle -- "All in the Family?"  Aha CEO Robert Acker is my brother.  And for the more literary types especially those interested in Wallace Stegner check-out my sister Jennie Camps new book "Angling for Repose: Wallace Stegner and the De-Mythologizing of the American West" which can be found at Amazon. 

Check-out tomorrows Oregonian Sat. 5/29 for an article on the pending development of the Figo House block.  As many of you are aware we successfully defeated TriMets attempts to acquire the 1894 Victorian through eminent domain.  See Figo House.  TriMet has seized all of the other properties on the block mostly through eminent domain.  The properties have been transferred to PSU pursuant to the "confidential" memorandum we previously exposed.  PSU has contracted with American Campus Communities to build a 16 story structure on the block.  To appease the Portland Design Commission the plans include a new courtyard behind the Figo House.  Apparently TriMet and PSU have changed their tune.  The very building that they sought to demolish is now being called by their architect a "jewel" within the "jewel box" of the soon-to-be-built structure.

Chinas Foxconn International Holding Ltd. the worlds largest contract maker of electronics including the iphone has asked its employees to sign pledges not to commit suicide.  The request is in response to the nine suicides by employees of the company this year.  I will avoid wading through enforcement issues of violating such a pledge.  Apparently Foxconn is redefining hostile work environment.  In Oregon a hostile working environment is defined as an atmosphere contaminated by a pattern of offensive conduct directed at an individuals protected class status.  Conduct may be of a verbal or physical nature that is sufficiently severe or pervasive to have the purpose or effect of unreasonably interfering with work performance or creating an intimidating hostile or offensive working environment.  I recommend seeking legal assistance before doing anything drastic in response to a hostile work environment.

Facebook CEO Mark Zuckerberg announced today in a letter printed in the Washington Post that in the coming weeks Facebook will add privacy controls that are much simpler to use.  Zuckerbergs letter is responding to allegations that Facebook sells posted information to its "partners" and has intentionally confusing privacy settings preventing the safeguarding of postings.  For an example of the danger of posting see http://pleaserobme.com.  Although this website is currently rethinking its own future when operational it kept track of postings on social network sites and compiled the information to inform the worldwide web of when someone was home where their home was located etc.  According to the site its purpose was "not to have people burgled" sic but just to raise awareness.  Recently I was amazed with the bold use of Facebook by a defendant who is trying to avoid paying a judgment we obtained for a client.  He declared he has no assets to the court but apparently did not realize that there might be problems with simultaneous posting on Facebook about his extravagant vacations and lifestyle.

I recall as a teenager contemplating sending a letter to someone with a charged message.  My mother advised me to think about what I put in writing because I might regret it later.  This was before emailing texting tweeting and facebooking and yes I am dating myself.  However the advice I received is now especially relevant to such electronic communication.  Messages can now be conveyed almost instantly and with stream-of-conscious writing.  As a trial attorney I have seen what use to be he-said-she-said disputes turn into a battle of the emails.  While you can argue over someone’s recollection of a conversation it’s harder to dispute what is said in an email.  Emails and other electronic messaging make great evidence as they usually indicate when they were sent and whether they were received.  Many folks do not realize that when they click “send” they are sending a recorded message that could someday be used against them.  I hope the rest of the world continues to casually send electronic communications -- my job is made easier.  For my clients heed my mother’s advice and think first before clicking “send.”