Tyler J. Volm
PHONE: 503-412-3523
EMAIL: tylerv@mcewengisvold.com
PRACTICE AREAS: Tyler represents clients in the areas of real estate, business transactions
Tyler's practice includes business transactions, employment matters and civil litigation. He works with clients to ensure compliance with changes in the law, seeking proactive solutions to minimize the risk of litigation, while vigorously advocating for clients in state and federal court when necessary. As a Portland native, Tyler has a well-rounded understanding of the local and regional economies, helping him tailor solutions for companies of all sizes and industries. His understanding of how business needs blend with employment law helps Tyler offer creative solutions in both the boardroom and the courtroom.
Tyler advises clients on entity selection and formation, financing, and business transfers, including succession planning. He also assists with real estate, corporate governance, contracts, tax and executive compensation issues.
Tyler advises clients on a wide range of employment issues, including managing and responding to potential employee claims, best practices for preventing harassment, discrimination, and retaliation, wage and hour compliance, leave and disability laws, employee discipline, and recordkeeping requirements. Tyler also assists clients with employee handbook and policy preparation and enforcement.
EDUCATIONAL BACKGROUND:
Tyler earned his J.D. from Lewis and Clark Law School (2008) with a certificate in Business Law. He earned his B.A. from the University of Oregon (2005) where he studied English and Political Science.
BAR ADMISSIONS / ADMITTED TO PRACTICE:
Oregon State Courts
Washington State Courts
U.S. District Court of Oregon
PROFESSIONAL AND COMMUNITY ACTIVITIES:
Multnomah Bar Foundation: Board Member (2021-Present); President (2024)
Gus J. Solomon Inn of Court: Executive Committee member (2010-Present); President (2023-2024)
Campaign for Equal Justice: Laf-Off Emcee and Comedian (2009-Present)
Oregon State Bar Business Law Section: Executive Committee Member (2010-2020)
Big Brother (through NW Big Brothers Big Sisters) (2011-2018)
REPRESENTATIVE WORK:
Regularly represent buyers and sellers in negotiation of purchase and sale of businesses, including venture capital firms.
Represented buyers and sellers of commercial properties throughout Oregon.
Represented closely held businesses in entity formation, capital acquisition, lease negotiation, and negotiation of agreements with service providers.
Office and building leases for both landlords and tenants, and easements and covenants, conditions, and restrictions on real property.
Company formation and operating documents, including "buy-sell" and other owner agreements, often in connection with owner estate planning goals.
Defended BOLI complaint brought by former employee alleging harassment, discrimination, retaliation, and wage and hour violations. Obtained dismissal of BOLI complaint by demonstrating non-discriminatory reason for termination, which was a culmination of well-documented performance issues including theft. The former employee did not pursue any further litigation.
Negotiated and drafted Executive Employment Agreement for owner as part of sale of his company, including key carveouts from noncompetition and nonsolicitation provisions to allow client to continue operating separate but related businesses. Also negotiated and drafted Employment Agreements for two other key employees that included retention bonuses and other benefit increases as part of business transition process.
Recently represented an Oregon employee in the creative industry in negotiating a severance from a large out-of-state employer using laws unique to Oregon employees.
PUBLICATIONS:
FTC’s Nationwide Ban on Non-Compete Agreements Ruled Unenforceable (September 2024)
FTC Issues Final Rule Banning Non-Compete Agreements (May 2024)
Non-compete provisions violate federal law, according to the NLRB General Counsel (June 2023)
Multnomah Bar Foundation Fundraising Campaign: Interview with a Fundraiser (Multnomah Lawyer, May 2023)
The MBF is Broadening its Outreach (Multnomah Lawyer, November 2022)
Considerations for Noncompete Agreements in Oregon and Washington (Oregon State Bar Business Law Section Newsletter, September 29, 2022)
We the People Competition (Multnomah Lawyer, March 2022)
2022 Oregon and Washington Employment Law Updates (January 1, 2022)
Confronting Controversy and Conflict in the Workplace (Daily Journal of Commerce, August 24, 2017)
BOLI’s Guidance on Overtime Requirements Overturned (Daily Journal of Commerce (March 23, 2017)
EEOC Issues Guidance on National Origin Discrimination & Mental Health Accommodations (Cascade Business News, January 18, 2017)
Office Politics: An Office Divided (Cascade Business News, November 16, 2016)
Salary Minimum for Exempt Employees May Soon Be Doubled (Expert Guide: Labour & Employment USA 2016, A Publication of corporate Live Wire, August 2016)
Big Changes coming to Federal Overtime Rules (Daily Journal of Commerce, February 26, 2016)
FLSA’s Computer Professional Exemption (Legal & Compliance Excellence Essentials, May 2015)
Love is in the Office Air (Legal & Compliance Excellence Essentials, March 2015)
Employer’s Email System: Can It Be Used to Discuss Protected Activities? (Legal & Compliance Excellence Essentials, February 2015)
What Happens in Vegas Might Not Stay There (Daily Journal of Commerce, January 22, 2015)
PRESENTATIONS:
Employment Issues for Construction Lawyers (Oregon State Bar Construction Law Section, 2022)
The Art of Public Speaking: Tips from the Stage (Presenter, Campaign for Equal Justice, February 2021)
Selling Your Business (Presenter, Lorman Live Webinar, August 2020)
Sick Leave Law in Oregon (Presenter, Lorman Live Webinar, August 2017)
Human Resource Law What You Need to Know Now (National Business Institute, 2017)
Understanding Non-Compete and Non-Solicitation Agreements (Multnomah Bar Association Young Lawyers Section CLE, October 2016)
Employment Law for Business Lawyers: What Will Get Your Client Sued? (Presenter, Oregon Law Institute Business Law Essentials CLE, May 2016)
Employee Misclassification and Other Common Wage and Hour Mistakes and How to Avoid Them (Presenter, 2016 Rogue Valley SHRM Annual May Legal Seminar, May 2016)
Joint Employer Liability and Other Developments in Traditional Labor Law (Presenter, 2016 Rogue Valley SHRM Annual May Legal Seminar, May 2016)
Recreational Marijuana in the Workplace (Presenter, Oregon Health Care Association, December 2015)
The Legal and Social Implications of Using Social Media in the HR Process (Presenter, NW EEO/Affirmative Action Association, May 2015)
Employer Testing: Minimize the Risk, Maximize the Utility (Presenter, Oregon State Bar CLE, April 2015)
Employment Law 2014 Comprehensive Guide: Establishing Effective Document Retention Programs (Presenter, National Business Institute, December 2014)
I Always Feel Like Somebody’s Watchin’ Me: Monitoring Employees: Privacy Issues & Employer Risks (Presenter, National Business Institute, December 2014)
Meeting the Training Obligations of the VEVRAA (Veterans) & 503 (Disability) Regulations (Presenter, National Association of Contract Administrators, June 2014)
