Attorney Bio - Leah C. Lively
Leah C. Lively
Shareholder
[email protected]
Location:
Portland (Office: 503-552-2142, Fax: 503-224-4518)
Education:
J.D., Northwestern School of Law of Lewis & Clark College, 1996
B.S., with honors, California Polytechnic State University at San Luis Obispo, 1993
Practice Groups:
Employment Law, Class Action, Wage and Hour, Ethics Compliance, Investigations and
Whistleblower Response, Retail, Drug Testing
Leah C. Lively exclusively defends employers from claims of harassment, discrimination, retaliation, wrongful discharge, and
wage and hour violations. Leah represents and advises employers of every size, including Fortune 100 companies, non-profit
organizations, and locally-owned businesses. Leah appreciates that a client’s needs must be assessed and responded to on
an individual basis to ensure efficient and effective representation.
Leah is an experienced trial attorney having tried more than 40 jury trials in multiple states and jurisdictions during her career.
In addition to her expertise in defending single-plaintiff employment claims, Leah has significant experience defending wage
and hour claims, including class actions. Leah acted as lead defense counsel in a putative wage/hour misclassification class
action in Oregon and co-managed the defense of a 40,000 putative class-member case for a national restaurant chain in
California. Leah is one of very few lawyers nationwide to have defended a wage and hour collective action to a jury.
Following a defense verdict on behalf of a real estate development/investment firm, in a race discrimination and retaliation case
in the Eastern District of Pennsylvania, the presiding federal magistrate, Jacob P. Hart, described Leah as “everything a good
litigator should be. She was completely prepared on every issue, clear and convincing to the jury[.]”
Leah is recommended by Chambers USA for Labor and Employment (2008-2014), Best Lawyers in America for Labor and
Employment (2011-2015), Super Lawyers for Labor and Employment (2011-2014) and is AV Preeminent Peer Review rated in
Martindale-Hubbell.
Admitted to Practice:
Oregon
California
Idaho
Washington
U.S. District Court, District of Oregon
U.S. District Court, Western District of Washington
U.S. District Court, Central and Northern Districts of California
Honors and Awards:
Chambers USA (2008-2014)
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Attorney Bio - Leah C. Lively
Best Lawyers in America (2011-2015; 2015 Portland OR Litigation - Labor and Employment "Lawyer of the Year")
Super Lawyers (2011-2014)
AV rated by Martindale-Hubbell
National Champion Team - Environmental Moot Court (1995)
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Attorney Bio - Leah C. Lively
Experience:
Bustos v. Aldis Manufacturing (D. Oregon). Lead trial attorney representing Aldis in this race/national origin, whistle-blower
and retaliation case, resulting in a complete defense verdict.
Cedano v. Rite Aid (D. Oregon). Lead defense counsel in this putative wage/hour class action which alleged
misclassification of exempt employees.
Thiebes v. Wal-Mart (D. Oregon). One of three trial lawyers representing Wal-Mart in this wage/hour collective action jury
trial involving over 100 testifying plaintiffs and resulting in 25 defense verdicts and actual damages of less than $7,000.
McAllister v. Trendwest Resorts (D. Oregon). One of two trial attorneys representing Trendwest in a jury trial for alleged
sexual harassment and discrimination claims, resulting in a complete defense verdict.
Hohnbaum v. Brinker (Cal. Sup. Ct.). Co-managed the defense of this putative wage/hour class action alleging missed
meal and rest breaks.
Corey et al v. The Home Depot (D. Oregon). Represented defendant in this five-plaintiff Equal Pay Act and Title VII pay
discrimination case.
Holman v. Trammell Crow Company (E.D. Pennsylvania). Trial attorney representing Trammell Crow against claims of
race, discrimination and retaliation, resulting in a complete defense verdict.
Professional Activities:
Oregon State Bar Association (Labor & Employment Section)
California State Bar (Labor & Employment Section)
Idaho State Bar
Washington State Bar
American Bar Association
American Employment Law Counsel
Oregon Association of Defense Counsel
Speeches:
Ogletree Deakins Briefing - "Geeking Out on Overtime: How to Avoid Mistakes in Classifying Computer Professionals" Portland - November 2014
Oregon Association of Corporate Counsel - "Supreme Court Update" - Portland - November 2014
Ogletree Deakins Workplace Strategies Seminar - "Drug Policy Rehab: The Straight and Narrow on Legal Marijuana" Las Vegas - May 2014
American Employment Law Council - "Handling Experts in Employment Litigation" - Santa Barbara - October 11, 2013
Oregon Association of Corporate Counsel - "In-House Roadmap for Managing Ethical Obligations and Dilemmas" Portland - September 26, 2013
ABA National Conference on Equal Employment Opportunity Law - "The Tables are Turned: When Human Resource
Professionals and In-House Lawyers Bring Discrimination or Retaliation Claims Against the Company" - Savannah April 6, 2013
The Seminar Group Small Business Employment Law Issues Seminar - "Wage and Hour Pitfalls" - Portland - February
13, 2013
Oregon Chapter of the Association of Corporate Counsel - "What Can Employers Expect Post-Election?" - Portland November 15, 2012
Oregon Law Institute of Lewis & Clark Law School - "Are You Fit To Be Tied? Legal Updates And Practical Implications Of
Mandatory Arbitration Agreements" - Portland - June 1, 2012
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Attorney Bio - Leah C. Lively
Ogletree Deakins Workplace Strategies Seminar - "Legal, HR And Outside Counsel: Partnering For Legal And Business
Success" - Phoenix - May 2012
Ogletree Deakins Workplace Strategies Seminar - "The Social Media Revolution - Employee Privacy vs. Employer Rights"
- Chicago - May 2011
Employment Law Briefing - "The ADAA Final Regulations - The Latest Landmines" - Portland - 2011
Private Client Seminar - "Investigations into Allegations of Discrimination/Harassment: Observations on Mistakes and Best
Practices" - Portland - 2011
27th Annual Oregon Bureau of Labor and Industries Employment Law Conference - "Who's In Charge Here? (Exempt
Classification Issues)" - Portland - 2011
27th Annual Oregon Bureau of Labor and Industries Employment Law Conference - "When Policies Attack (Employee
Handbook Issues)" - Portland - 2011
Oregon Restaurant & Lodging Association Annual Conference - "National Issues, Local Impact" - Bend - 2010
Media Quotes:
March 27, 2013 - Law360 - "Patchwork of Paid Sick Leave Laws May Trip Up Employers"
January 2011 - Law360 - "NASA’s Constitutional Background Checks"
November 12, 2010 - Portland Business Journal - "Laws Allow for Dress Codes - If Applied Even-Handedly"
August/September 2010 - Oregon State Bar Bulletin - "Impending Changes in Employment Law Put Businesses and
Lawyers on Alert"
November 2009 - Law360 - "High Court May Get Its Claws On Cat's Paw Theory"
Published works:
October 5, 2011 - Society for Human Resource Management - "10th Circuit: State’s Sexual Harassment Policy Results in
Dismissal of Case Against Judge"
January 15, 2010 - Coast River Business Journal - "New Laws Affecting Oregon Employers in 2010"
Winter 2009 - Human Resources 2009 - "The New ADA Amendments: Increasing the Burden on Employers"
November 2009 - Portland Business Journal - "Social Media May Contradict Applicant’s Info"
Summer 2008 - Human Resources 2008 - "Going Green in the Workplace: Positives, Practicalities and Pitfalls"
2008 - BUILDERnews - "Why Employee Performance Evaluations Are Important for Every Size Business"
2008 - BUILDERnews - "Law: Harassment Training—The legal tetanus shot for the building industry"
2007 - Portland Daily Journal of Commerce - "Definition of ‘wrongful termination’ gets narrower"
2006 - Portland Business Journal - "Be Cautious With Employees Who Complain of Discrimination"
2002 - Oregon Association of Defense Counsel - "Orr v. Bank of America: Making Sure Your Evidence is Admitted at
Summary Judgment"
2000 - Association of Defense Counsel - "The Enforceability of Limitation-of-Liability Clauses in Commercial Contracts
Oregon"
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