| We work closely with our clients to continually assess risk and avoid litigation. When litigation arises, we are well-equipped to defend our clients in state and federal courts with a steady focus on the client’s goals. Resolving cases efficiently and reaching closure can minimize the total cost to the company and limit the impact on the work force and the organization’s objectives. When it is necessary to litigate, we have the depth of expertise to do so both effectively and efficiently.
We work closely with our clients to understand their needs and then develop an approach to meet their goals. If a case does go to trial, our employment litigators, many of whom have practiced in this area for more than 30 years, have a tremendous track record. We are also experienced in obtaining summary judgments for clients.
We have experience defending employers in cases alleging:
- Age discrimination
- Disability discrimination
- FMLA and related state leave law violations
- Gender and pregnancy discrimination
- Harassment
- Race/national origin discrimination
- Religious discrimination
- Wrongful termination
- Trade secrets
- Wrongful discharge
- Retaliation (including Sarbanes-Oxley retaliation)
- Wage and hour violations
With each case, we do an early case analysis to advise employers of their options and facilitate a collaborative discussion about strategy, creative litigation approaches and ultimate goals. We set and work to budgets and communicate regularly on case status.
We are enthusiastic about alternative fee arrangements, including fixed fees, blended rates, and other tools to promote predictability and efficiency, depending on a client’s situation, needs and preferences. |
Selected Experience Succeeded in getting all claims dismissed with prejudice in a matter involving whistleblower allegations, intentional interference with economic relations, and intentional infliction of emotional distress. Under appeal. (Ongoing) Representing client against claims of race discrimination and violation of wage and hour laws. Case No. 3:09-CV-00015-TMB (Ongoing) Won motion for summary judgment on all claims in wrongful termination case involving foreign-national plaintiff seeking monetary damages and injunctive relief related to residency in the U.S. and Canada. Our team secured a number of early case victories for Microsoft including 12(c) dismissal of three claims, blocking the deposition of a Microsoft executive and winning several discovery motions. The nine remaining claims for wrongful withholding of wages, race and national origin disparate treatment, disparate impact, wrongful termination in violation of public policy, misrepresentation, and four different federal immigration statute violations were dismissed on summary judgment. (W. D. Wash. 2011) Successfully obtained ruling of class action decertification, preventing class action treatment in wage and hour case. Affirmed on appeal. 235 OR App 658 (2010), rev din 349 OR 654 (2011) Won summary judgment on behalf of Verizon Wireless and two additional defendants in a multi-plaintiff wrongful termination case including claims of a hostile work environment racial harassment, racial discrimination, emotional distress and retaliation. (2010) Successfully defended national restaurant chain in a week-long private arbitration involving difficult factual issues (allegations of rape, sexual assault and evidence spoilation) and legal claims of gender and national origin discrimination, sexual harassment, retaliation, and negligent supervision. Judge ordered a complete defense verdict at the conclusion of the arbitration. (2010) Secured summary judgment on behalf of Volt Information Sciences in a class action suit involving allegations that the vesting provisions in the company's 401(k) plan violated ERISA. (2010) Summary judgment granted for our client in arbitration on claims that employer could not alter sales commission plan. (2009) Represented the Seattle Art Museum in a race and national origin case brought by a terminated employee. The federal court granted summary judgment in all respects. On appeal, the 9th Circuit affirmed the dismissal. (2009) Representation of JPMorgan Chase in wrongful termination case alleging a hostile work environment and ERISA-related claims. Successfully settled case for nominal amount after prevailing in significant pre-trial motions. (2009) Won summary judgment on behalf of Bank of America in a wrongful termination case alleging discrimination, harassment and retaliation. (2009) Summary judgment granted to our client on all claims in a sexual harassment and retaliation case. (2009) Represented defendant in a whistleblower retaliation case in which plaintiff alleged wrongful, constructive discharge in violation of public policy. Motion for summary judgment was granted and case against our client was dismissed. (2009) Obtained summary judgment in claims alleging workers' compensation retaliation, disability and FMLA retaliation. Judgment for our client on all claims. (D. Or. 2008) Successfully represented health system before the Oregon Supreme Court in action seeking wages and penalties for allegedly missed rest and meal periods under Oregon law. 213 Or. App. 343, 161 P.3d 319 (Or. 2008) Represented Brown Shoe on claims of race discrimination, wrongful discharge and age discrimination in U.S. District Court; successfully negotiated a settlement favorable to the client. (2008) Prevailed before the Alaska Supreme Court on a novel class action claim concerning the so-called 'pyramiding' method of computing overtime for hours worked in excess of eight hours in a day or 40 hours in a week. (2008) Successfully represented a large food company in an appeal of a WISHA safety and health citation alleging failure to provide employees with appropriate personal protective equipment. After an administrative hearing, the Board of Industrial Insurance Appeals vacated the bulk of the citation against the company, and the courts upheld the board's ruling on appeal. __ Wn. App. __, 178 P.3 1070 (Wash. App. 2008) Successfully represented defendant technology company in an arbitration of claims by a former manager that he was entitled to bonuses and back salary. The arbitrator ruled in favor of the defendant on all claims. (2007) Represented Tosco (Conoco-Phillips) in an eight-day jury trial alleging ADA discrimination, wrongful discharge, and retaliation. The jury returned a defense verdict on all claims. The 9th Circuit affirmed. (9th Cir. 2006) Successfully represented defendant weight loss company in a lawsuit by a former employee alleging wrongful termination, disability discrimination, and failure to pay overtime. Obtained dismissal by the court of the employee's wrongful termination and discrimination claims, then obtained settlement of the remaining overtime claim on terms favorable to the company. C05-0856-JCC (W.D. Wash. 2005) Plaintiff, a 13-year veteran of the bank, brought claims alleging race discrimination and retaliation. Obtained summary judgment for Bank of America on all claims. WL 31432759 (D. Or. 2002) Successfully represented minority shareholders in a suit to involuntarily dissolve three closely held, family-owned corporations holding real estate and other assets worth $70 million to $100 million. Representation included a three-month trial, arguments in the Court of Appeal and briefing in the California Supreme Court. SC 028708 (L.A. Cnty. (Cal.) Super. Ct. 1999) Represented employer in Little-Davis-Bacon declaratory judgment case. Summary judgment granted for employer; case reversed on appeal. 909 P.2d 330 (Alaska 1996) Represented a young man injured in a car accident as the result of a defective seatbelt in seeking to uphold jury's compensatory and punitive damages award. Drafted post-trial briefs, appellate briefs, and related motions. 02-1-0260 (Haw. App.) | | Search Experience | | | |  |
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