Practice Expertise

  • Labor & Employment
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Areas of Practice

  • Labor & Employment
  • Commercial Finance
  • Litigation
  • Trade Secrets & Employee Mobility

Profile

Leah Lively is a Shareholder in Buchalter’s Portland, San Diego and Seattle offices and a member of the Labor & Employment practice. She is licensed to practice law in CA, OR, WA, ID, and AK. Ms. Lively is an experienced litigator and counselor who has tried more than 40 jury trials in multiple states and jurisdictions during her career. Ms. Lively enjoys taking depositions and is known for her attention to detail and ability to out-maneuver the plaintiff, setting the stage for favorable client outcomes.

Ms. Lively’s employment practice centers on defending employers against claims of harassment, discrimination, retaliation, wrongful discharge, and wage and hour violations. When employers need to get ahead of potential disputes, Ms. Lively conducts workplace investigations and counsels businesses on employment law compliance, risk, and best practices.

In addition to her single-plaintiff employment claims experience, Ms. Lively has experience defending wage and hour claims, including class actions. She served 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.

Ms. Lively advises and represents clients in non-compete, trade secrets breach of contract, tortious interference with business, and defamation litigation.

Ms. Lively also is a member of Buchalter’s Equine Law Industry Group. She drafts boarding and sales contracts, advises clients on wage and hour compliance, and represents clients in litigation.

Awards & Recognitions

  • Named as one of “America’s Leading Lawyers for Business” by Chambers USA in Labor & Employment (Oregon), 2008-2024
  • Named as one of the “Best Lawyers in America” in Employment Law, 2011-present
  • Selected to “Oregon Super Lawyers” in Employment Litigation, Thomson Reuters, 2011-2024
  • AV Preeminent rated by Martindale-Hubbell
  • Named “Lawyer of the Year” in Litigation – Labor and Employment (Oregon) by Best Lawyers, 2015

Bar Admissions

  • Alaska
  • California
  • Idaho
  • Oregon
  • Washington

Areas of Practice

  • Labor & Employment
  • Commercial Finance
  • Litigation
  • Trade Secrets & Employee Mobility

Professional Career

Significant Accomplishments
<ul><li><em>AssuredPartners v. Reese et al.</em>: Defeated a motion for temporary restraining order brought be former employer to enforce a non-compete and alleging trade secrets violations. (D. Or.)</li><li><em>Christian v. Umpqua Bank</em>*: Obtained complete summary judgment and case dismissal for defendant in this federal case with alleged sexual harassment and retaliation claims. (D. Or.)</li><li><em>Kouame v. DAL Global Services, LLC</em>:* Obtained complete summary judgment and case dismissal for defendant in this federal case with alleged race and age discrimination and retaliation claims. (W.D. Wash.)</li><li><em>Chapman v. Progress Rail</em>*: Complete summary judgment granted for Progress Rail in this federal case alleging race discrimination, sexual harassment, and retaliation. (W.D. Wash.)</li><li><em>Craig v. BNSF*</em>: Obtained complete summary judgment and case dismissal for defendant in this federal case with alleged FMLA interference and retaliation claims. (W.D. Wash.)</li><li><em>Bustos v. Aldis Manufacturing*</em>: Lead trial lawyer for Aldis in this race/national origin, whistleblower, and retaliation case, resulting in a complete defense verdict. (D. Or.)</li><li><em>Cedano v. Rite Aid*</em>: Lead defense counsel for Rite Aid in this putative wage/hour class action which alleged misclassification of exempt employees. (D. Or.)</li><li><em>Hohnbaum v. Brinker*</em>: Defense of putative wage/hour class action alleging missed meal and rest breaks. (Cal. Super.)</li><li><em>Holman v. Trammell Crow Company*</em>: Trial counsel for Trammell Crow against claims of race and discrimination and retaliation, resulting in a complete defense verdict in a jury trial. (E.D. Pa.)</li><li><em>McAllister v. Trendwest Resorts*</em>: Represented Trendwest in a jury trial for alleged sexual harassment and discrimination claims, resulting in a complete defense verdict. (D. Or.)</li><li>Wage and hour class action for national retailer*: One of three trial counsel representing a national retailer in 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. (D. Or.)</li></ul><p><em>*Denotes experience prior to joining Buchalter </em></p>



Articles

  • U.S. Department of Labor Issues Guidance on Avoiding Discrimination When Using AI in Hiring
  • The DOL Announces New Overtime Exemption Rule Increasing the Salary Threshold for Exempt Employees
  • The U.S. Supreme Court Rejects “Significant Harm” Standard for Claims of Workplace Discrimination; Adopts More Employee-Friendly “Some Harm” Standard
  • Washington State Imposes Further Restrictions on the Use of Noncompetition Agreements
  • Rounding Time Is No Longer a Safe Bet in Oregon and Washington
  • The DOL Issues New Rule on Independent Contractor Classification
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  • Class Action Alert: Pay Transparency Class Actions Are Mounting in Washington
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  • What Does the EU-US Data Privacy Framework Mean for Your Business?
  • Employer Notice: Pregnant Workers Gain Added Protections Under Federal Law
  • Supreme Court Decision Impacts FLSA’s Overtime Rules
  • Sexual Harassment 2018: It Is Your Business
  • 10th Circuit: State’s Sexual Harassment Policy Results in Dismissal of Case Against Judge
  • New Laws Affecting Oregon Employers in 2010
  • The New ADA Amendments: Increasing the Burden on Employers

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