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 is currently lead defense counsel in a pending putative wage/hour misclassification class action in Oregon. Leah co-managed the defense of a 40,000 putative class-member case for a national restaurant chain and is one of very few lawyers nationwide to have defended a wage and hour class 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 (2008-2011), Best Lawyers in America for Labor and Employment (2011), Super Lawyers for Labor and Employment (2011) and is AV Preeminent Peer Review rated in Martindale-Hubbell.
Experience
- Cedano v. Rite Aid, (D. Oregon). Lead defense counsel in this pending putative wage/hour class action alleging 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.
Oregon
California
Idaho
U.S. District Court, District of Oregon
Education and Honors
- Chambers USA (2008-2011)
- Best Lawyers in America (2011)
- Super Lawyers (2011)
- AV rated by Martindale-Hubbell
- National Champion Team - Environmental Moot Court (2005)
Professional Activities
- American Employment Law Counsel
- Oregon State Bar Association (Labor & Employment Section)
- California State Bar (Labor & Employment Section)
- American Bar Association
- Children’s Relief Nursery (Board of Directors)
- 2011 Workplace Strategies Seminar - "The Social Media Revolution - Employee Privacy vs. Employer Rights" - Chicago - 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
- Employers Group Workplace and Employment Law Update - "Navigating California Employment Law: Guiding You Through Workplace Legislation and Litigation" - San Diego - 2005
In The News
- 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"
- December 7, 2011 - Ogletree Deakins Publication - "New Oregon Employment Laws Passed in the 2011 Legislative Session"
- 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"