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Employment & Labor Litigation

Our employment law and trial lawyers litigate employment cases in federal and state courts, in arbitrations, and before administrative agencies such as the Equal Employment Opportunity Commission and state labor departments.
Miller Nash Graham & Dunn attorneys have successfully defended through trial and appeal the full range of employment-related claims, including:

  • Class actions
  • Wage-and-hour claims
  • Noncompete, trade secret, and breach of fiduciary duty claims
  • Whistleblower and retaliation claims
  • Discrimination claims
  • Claims under the Employee Retirement Income Security Act ("ERISA")
  • Labor law claims
  • Constitutional claims against public entities
  • Breach-of-contract claims
  • Tort claims such as wrongful termination, defamation, and tortious interference with contract

When a client is faced with an employment claim, we work closely with the management team to engage in a thorough early evaluation and develop trial strategies based on our clients' short-term and long-term interests both in the litigation and in successfully operating their business.

Member of the Employment Law Alliance

Representative Experience

Represented executive in a high-profile lawsuit brought by former employer, asserting claims that our client misappropriated trade secrets, violated fiduciary duties, and breached contractual obligations. The case included a six-day evidentiary hearing of the former employer's motion for terminating sanctions based on allegations that our client had knowingly destroyed relevant evidence. The court rejected the allegations, finding that our client was a credible witness who did not violate a duty to preserve evidence, did not act in bad faith, and did not engage in conduct that prejudiced the former employer. As trial approached, the court granted a number of summary judgment and evidentiary motions that significantly limited the scope and value of plaintiffs’ claims. On what would have been the first day of trial, the parties were able to reach an amicable resolution that terminated the case.
Successfully defended retail chain through bench trial against wage-and-hour "joint employer" class action claims by employees of vendor.

Represented defendant national pharmacy chain against wage-and-hour class action by pharmacists, ending in positive settlement before trial.
We won a unanimous jury verdict in favor of our hospital client, the employer, after nearly three weeks of trial in federal court. Plaintiff, a nurse manager, brought claims against the hospital for discrimination, retaliation, and breach of confidentiality, based on her post-traumatic stress disorder. The Ninth Circuit Court of Appeals affirmed.
In a case involving the Uniform Trade Secrets Act (UTSA) and the Computer Fraud and Abuse Act (CFAA), successfully obtained and executed on writ of seizure against former employee who left to work for competitor and took protected printed and electronic materials with him. Litigation ended in positive settlement for client.
U.S. District Court, District of Oregon (CV 09 1185 MM). The Honorable Michael Mosman granted our client temporary restraining orders in Oregon and federal courts, and preliminary injunction enforcing covenant not to compete and covenant not to use or disclose trade secrets (2009), directed defense of defendant's claim for declaratory relief filed in California.