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Carol J. Bernick

Areas of Practice

carolbernick@dwt.com
(503) 778-5233

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Carol J. Bernick
Partner- Portland, Oregon Office

Member, Davis Wright Tremaine Executive Committee

Areas of Practice
Employment litigation and advising

Representative Experience
Defends employers in wage and hour class action lawsuits in state and federal court

Defends employers in discrimination, wrongful discharge and breach of contract claims, both in administrative charges and in state and federal court

Counsels and trains employers in preventative employment practices, including wage compliance, leave policies and discipline and termination

Representative Cases
Motion for Class Certification denied (Bell v. Addus Healthcare, 2007)

Motion for Decertification granted (Belknap, et al. v. U.S. Bank, 2007)

Defense verdict in jury trial alleging quid quo pro sexual harassment (Berntsen v. Dollar Tree Stores, 2007)

Motion for class certification denied (McElmurry et al. v. U.S. Bank, 2006 and 2005)

Motion to strike class claims granted (Miller v. Dollar Tree Stores, 2006)

Defense verdict in jury trial alleging ADA discrimination (Kramer v. Tosco, et al., 2004)

Defense verdict in jury trial alleging breach of contract; prevailed on counterclaim for breach of fiduciary duty (Freed v. Isite, et al., 2004)

Defense verdict in jury trial alleging workers compensation retaliation (Potter v. BCE Emergis, 2003)

Summary judgment in disability discrimination and wrongful discharge lawsuit (Roque v. Applied Materials, 2004)

Summary judgment granted in workers compensation retaliation claim (Manesh v. Tokyo Electron Corporation, 2007)

Summary judgment granted dismissing all class claims and several individual claims (Rivera, et al. v. U.S. Bank, 2006)

Summary judgment in national origin discrimination and harassment lawsuit, affirmed by 9th Circuit (Mannatt v. Bank of America, 339 F.3d 792, 2003)

Obtained first decision in Oregon recognizing doctrine of inevitable disclosure of trade secrets (Temco v. G.T. Development Corp., 2000)

Summary judgment in race discrimination lawsuit (Paden v. Bank of America, 2002)

Summary judgment in race discrimination lawsuit (Haughton v. Bank of America, 2001)

Summary judgment in FMLA retaliation lawsuit (Wilcox v. Pitney Bowes, 2002)

Representative Clients
Addus Healthcare
adidas America
Applied Materials
Bank of America
Dollar Tree Stores
KGW News
Legacy Health System
Pitney Bowes
U.S. Bank

Publications and Presentations
Editor-in-chief, Oregon Labor Letter, 1994-2001

Author, "Wage and Hour" chapter of Employment in Oregon (Butterworths 1993)

Principal editor and co-author, The Oregon Employment Law Deskbook

Co-author, The Washington Employment Law Deskbook

Advanced Wage and Hour Law, Lorman Education Service

Management Training: The 10 Most Important Steps to Avoid Litigation

Numerous CLE and client trainings on employment law issues

Memberships and Activities
Named as one of the "Best Lawyers in America" in Labor and Employment Law by Woodward/White

Member, Multnomah Bar Association Court Liaison Committee

Selected to "Oregon Super Lawyers," Law & Politics, as one of the Top 25 Women Lawyers in Oregon, 2006, 2007

Named as one of "America's Leading Business Lawyers" by Chambers USA, 2003 - 2006

Recipient, Joyce Ann Harpole Award for an Oregon attorney who exemplifies a commitment to justice while balancing between career, family and community, April 2006

Recipient of Portland Business Journal’s Exceptional Women in Business Award, 2003

Chair, Multnomah Bar Association Judicial Screening Committee, 2004-2005

Bar counsel, Disciplinary Board of the Oregon State Bar, 2001 to 2006

Willard J. Wright Award for Outstanding Civic Performance, 1999

Margaret Sanger Award, 2002

Nominated for 1999 Trial Lawyer of the Year Award by Trial Lawyers for Public Justice for her representation of individuals targeted by a national hate group

Oregon and Washington State Bars

American Bar Association

Education
J.D., University of Virginia School of Law, 1989

B.A. in History, magna cum laude, Roanoke College, 1985






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