Experience

Victor Kisch is a partner and the chair of the firm's Labor and Employment group, which includes approximately 40 attorneys in six Western states (Oregon, Washington, Idaho, Utah, Alaska and California). For 25 years, Victor has specialized exclusively in labor and employment law representing employers only. His practice is a blend of employment litigation (wrongful discharge, discrimination, trade secrets, retaliation, wage and hour class actions), labor law (unions, labor negotiations, NLRB practice, strikes, unfair labor practices), and advice (consultation, training).

Victor is ranked in the first tier by Chambers USA ("knows his subject inside-out"). He is one of five Oregon management-employment attorneys elected as a Fellow in the College of Labor and Employment Lawyers. He was selected for The Best Lawyers in America. He was named one of the "Top 50" attorneys in Oregon by Super Lawyers. For over a decade, Victor has been AV rated by Martindale-Hubbell.

Victor blogs at www.worldofworklawblog.com and is a frequent speaker and writer in Oregon and nationally. For five years, he wrote a monthly column in the Portland Business Journal. He has been quoted by the Associated Press, The Oregonian, The Seattle Times, Oregon Public Broadcasting, the Portland Business Journal and Oregon Business Magazine, and has appeared as a commentator on KATU, KPTV and KOIN-TV.

Victor was previously a partner and chair of the Labor and Employment group at Tonkon Torp LLP in Portland, 1993-2005, and a partner and associate at Littler Mendelson, P.C. in San Francisco, 1985-1993.

Representative Work

Employment Litigation

• Confidential Parties - Engaged as member of post-trial team in discrimination case after jury awarded $19,000,000 verdict. Court reduced the verdict to $1,200,000 based upon post-trial motions and case settled soon thereafter.
• Langton v. Wells Fargo Bank, N.A. - Defense verdict in jury trial in which a 69-year-old employee, who worked over 10 years for defendant, alleged age discrimination, hostile environment and retaliation, 2006.
• Tatom v. Costco Wholesale Corp. - Defense verdict in two-week jury trial defending retaliation claims arising from termination of a manager who made a sexual harassment complaint, 2005.
• Confidential Parties - Prevailed in arbitration of close to $1 million for senior executive in change-of-control case after week-long hearing, 2004.
• Mishoe v. Daimler Trucks (formerly Freightliner) – Case dismissed with prejudice soon after plaintiff's deposition in FMLA, OFLA, ADA retaliation claim, 2007.
• Quinlan v. Adecco USA - Case dismissed with prejudice soon after plaintiff's deposition in wrongful discharge and retaliation lawsuit, 2006.
• Auto Dealers v. Teamsters and Machinists - Lead counsel for employers in three-week jury trial alleging violence and property damage during a strike; verdict for Auto Dealers.

Wage and Hour Class Actions

• Holden v. Staples, Inc. - Resolved precertification wage and hour class claims relating to payments upon termination, 2007.
• Daggett v. Blind Enterprises - Resolved ADA and FLSA class claims after plaintiff's motion for class certification was denied in part.
• Zamora v. Foster Farms - Resolved class claims precertification alleging termination pay, postings and pay stub information, 2007.
• Reyes v. Sabroso Company - Resolved class claims based upon alleged time worked during orientation period, 2008.

Noncompetes and Trade Secrets

• Portland Shipyard - After a one-week trial, the court granted motion for an injunction not to compete to extend along the entire West Coast from the northern tip of Alaska to the Mexican border.
• Confidential Parties - Negotiated six-figure settlement paid by employee who was alleged to have transferred proprietary data to competitor, 2006.

Labor Arbitration, NLRB, and Collective Bargaining

• In re Ferguson Enterprises, Inc. & General Teamsters Local Union No. 962 - Prevailed in NLRB hearing in which the Board alleged bad-faith bargaining and retaliation after a strike, 2007.
• Represent major energy company in labor matters on a multi-state basis, including strategy for collective bargaining, defending unfair labor practices, and strike preparation.
• Confidential Parties - Prevailed in bet-the-company NLRB trial in which the Board alleged alter ego status, 2001.
• Extensive experience with the SEIU, IBEW, Teamsters and Machinists at the bargaining table, in arbitration, opposing organizational drives and defending unfair labor practice charges.
• Served as chief spokesperson in collective bargaining for employers in various industries, including broadcasting, manufacturing, lumber, car dealers, education, health care and entertainment. Extensive experience with strike situations, mass picketing and violence, NLRB trials (R and C cases) and defending against organizational drives.

Professional Honors & Activities

• Elected as a Fellow, College of Labor and Employment Lawyers, the highest recognition by colleagues in the field of labor and employment law (one of five management-side attorneys in Oregon), 2007
• Listed in tier #1 of "America's Leading Lawyers for Business" (Oregon) by Chambers USA, 2008-2010. Attracts high praise for his "collaborative work ethos and impressive dispute resolution skill" – 2010; "Can manage the most complicated situations while in negotiations, is a calming influence whenever things get heated and knows his subject inside-out" – 2009; "at the top of his game—a high quality and fully engaged lawyer" – 2008; "very comfortable and pleasant person to work with" – 2007; a "star" – 2006)
• Selected for The Best Lawyers in America
• Selected as an Oregon Super Lawyer, Employment and Labor, every year since inception
• Selected by Super Lawyers as one of the "Top 50" lawyers in Oregon
• Listed in Portland Monthly magazine as top attorney in labor and employment
• Maintained AV rating for over 10 years, Martindale-Hubbell (highest rating in the legal profession for legal ability and ethics)
• Counsel, Portland Human Resource Management Association (PHRMA), an affiliate of the Society for Human Resource Management (SHRM), 2006
• Instructor, Portland State University Professional Development Center, Advanced EEO Law
• Past member, Executive Committee, Labor and Employment Section, Oregon State Bar
• Past board member, Labor and Employment Relations Association (LERA)

Civic Activities

• Vice President of the Portland Classical Chinese Garden, former president, 2009

Education

• Temple University, James E. Beasley School of Law, J.D., 1985
• School of Labor and Employment Relations, University of Illinois, M.A., 1982
  Phi Kappa Phi Honor Society
• University of Iowa, B.B.A., 1980

Admissions

• Oregon
• California
• Washington
• U.S. District Court for the District of Oregon
• U.S. District Court for the Central, Northern and Southern Districts of California
• U.S. Court of Appeals for the Ninth Circuit

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