Amy Joseph Pedersen, SPHR
Amy Joseph Pedersen is a partner in the Labor and Employment section of the Litigation practice group. She focuses exclusively on employment litigation and counseling, primarily on the employer's side of a dispute but, on occasion, also represents executives and executive groups. Amy has substantial trial experience in state and federal courts, as well as in administrative proceedings and arbitration, in all areas of employment law including discrimination and wage class actions. She also has significant experience in noncompetition and nonsolicitation agreement negotiation, drafting and enforcement litigation and workplace investigations. Amy is a member of the firm's Executive Committee.
Previously, Amy was a partner (1997-2005) and associate (1985-1994) at Tonkon Torp LLP.
- Townsend v. Nike — Defense verdict after lengthy jury trial in which employee alleged race discrimination in promotion process.
- Nike v. McCarthy — Injunction obtained in hard-fought suit by Nike against former executive who left for Reebok in violation of his noncompetition agreement. Injunction upheld on appeal to the Ninth Circuit.
- Callaway Golf v. Nike — Injunction avoided in case of first impression where Callaway Golf attempted to enjoin Nike's hiring of executive by use of novel "inevitable disclosure" doctrine. Petition for writ of mandamus by Callaway Golf defeated.
- Confidential parties — Defense verdict in month-long arbitration involving complex endorsement contract claims for several hundred million dollars.
- Confidential parties — Injunction obtained on behalf of insurance company against former salesperson for violation of nonsolicitation clause.
- James Hardie Building Products v. Johnson — Matter favorably settled after lengthy injunction trial and appeal on behalf of major manufacturer against former salesperson for violation of noncompete.
- Valdez v. KOIN-TV — Favorably settled Equal Pay Act class action claims by female production technicians employed by television studio.
- Guydish v. U.S. Bakery — Summary judgment obtained in overtime wage and hour class action in Washington.
- Harrington v. City of Portland — Co-counsel in defense verdict in headliner three-week trial of gender discrimination claims by Chief of Police Penny Harrington against Mayor Bud Clark and the City of Portland.
- Confidential parties — Defense verdict in week-long arbitration of on-air talent's claims of age discrimination against television station.
- Many cases dismissed by summary judgments obtained in favor of employers in race, age, gender, national origin, religion, whistleblower, injured worker and disability discrimination and retaliation cases.
- Workplace investigations of race and gender discrimination and whistleblower retaliation.
- Regular employment advice given to employers in many industries, including entertainment, marketing, sports, manufacturing, architecture, health care, real estate, technology, insurance, retail, non-profits, forest products, media, financial services, telecommunications, web services and construction.
Professional Honors & Activities
- Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Labor & Employment, Band 1), 2006-2013 ("straightforward, no-nonsense, smart litigator" 2006; "tenacious and refreshingly client-oriented," 2007; "tough litigator" who provides "high quality, great value advice," 2008; offers "practical legal advice and irreplaceable trial skills," 2009; highly regarded for her "incisive litigation and trial skills," 2010; "practical, responsive and a real virtuoso at finding a middle ground that works," 2011; "a force to be reckoned with," 2012; "a seasoned labor and employment attorney," 2013)
- Listed in Best Lawyers in America® (currently: Employment Law-Management, Litigation-Labor & Employment), 2009-2013
- Listed in Oregon Super Lawyers®, (Employment Litigation: Defense), 2008-2013
- Selected as one of Oregon's Top 25 Female Attorneys by Oregon Super Lawyers®, 2008–2012
- AV Preeminent Peer Review Rated with Martindale-Hubbel®
- Member, American Bar Association; Multnomah Bar Association; Oregon Association of Defense Counsel
- Former Chair, Employment Section, Oregon Association of Defense Counsel
- Former board member, Oregon chapter of Federal Bar Association
- "When is a Worker an Independent Contractor and When is She an Employee?," client presentation, May 2013
- "Insiders' Guide to Conducting Internal Investigations," client presentation, Apr. 2013
- "Privacy and Confidentiality Under the ADAAA, FMLA and Workers' Compensation," Disability Management Employer Coalition, FMLA/ADAAA Employer Compliance Conference, Apr. 2013
- "Employment Agreements from Soup to Nuts," SHRM/Stoel Rives 11th Annual Labor and Employment Law Conference, Feb. 2013
- "Post-Employment Restrictions: Can You Really Enforce Them?," client presentation, Dec. 2012
- "The Fast Track: Litigating the Noncompete Case," Oregon State Bar, Labor and Employment Section, Oct. 2012
- "The Times They Are A-Changin': The EEOC and the ADA in 2012 and Beyond," SHRM/Stoel Rives 10th Annual Labor and Employment Law Conference, Mar. 2012
- "To Arbitrate or Not to Arbitrate (Or, Why You Probably Want Arbitration Agreements with Your Employees!)," client presentation, Jan. 2012
- "An Enforceable Noncompetition Agreement: An Oxymoron? Protecting the Workforce, Customer Base and Trade Secrets," Oregon State Bar, New Lawyers Division, Oct. 2011
- "Deposing the Plaintiff in an Employment Case," Oregon Association of Defense Counsel, Defense Practice Academy, Sept. 2011
- "The Bermuda Triangle - ADA, FMLA and Workers' Compensation," Mid-Willamette Valley HR Association, Sept. 2011
- "A Discussion of ADA Basics and Reasonable Accommodation," SHRM/Stoel Rives 9th Annual Labor and Employment Law Conference, Mar. 2011
- "Managing Non-Exempt Employees," client presentation, July 2010
- "Avoiding the Critical Blow in HR Depositions," Oregon State Bar, Labor and Employment Section, Apr. 2010
- "Individuals as Parties" Chapter, Oregon Civil Pleading and Practice, Oregon State Bar Publication, 2012
- "The Times They Are A-Changing' A Brief Synopsis of What Labor and Employment Lawyers Should Know About New Laws" Oregon Association of Defense Counsel, Spring 2009
- "You Want Info From the Feds? You Have an Uphill Battle" (coauthor), Litigation Journal, Winter 2009
- "The Law Protects Troops When They Return to the Workforce" Portland Business Journal, Winter 2008
- "Legislature Restricts Use of Noncompetition Agreements" Portland Business Journal, Fall 2007
- Volunteer, Southeast Legal Clinic
- Volunteer, Domestic Violence Project
- Volunteer, Legal Aid Services of Oregon
- Former member, Board of Directors, United Way of the Columbia-Willamette
- Former member, Board of Directors and former president, Janus Youth Programs
- Former member, Board of Directors, Children's Land Trust
- University of Virginia School of Law, J.D., 1985
- University of Oregon, B.A., 1982
Phi Beta Kappa
- Certification as Senior Professional in Human Resources
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- U.S. District Court, District of Oregon
- U.S Court of Appeals, Ninth Circuit
- U.S. Supreme Court