Experience

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 particular expertise in noncompetition and nonsolicitation agreement negotiation, drafting and enforcement litigation and workplace investigations.

Previously, Amy was a partner and associate at Tonkon Torp LLP, 1997-2005; 1985-1994.

Representative Work

• Townsend v. Nike, 2006 — Defense verdict after lengthy jury trial in which employee alleged race discrimination in promotion process.
• Nike v. McCarthy, 2003 — 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 in 2004.
• Callaway Golf v. Nike, 2008 — 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, 2002 — Defense verdict in month-long arbitration involving complex endorsement contract claims for several hundred million dollars.
• Confidential parties, 2007 — Injunction obtained on behalf of insurance company against former salesperson for violation of nonsolicitation clause.
• James Hardie Building Products v. Johnson, 2006 — 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, 1990 — Favorably settled Equal Pay Act class action claims by female production technicians employed by television studio.
• Guydish v. US Bakery, 2005 — Summary judgment obtained in overtime wage and hour class action in Washington.
• Harrington v. City of Portland, 1990 — 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, 2006 — 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 an Oregon Super Lawyer, Employment Litigation: Defense, 2009-2010
• Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Labor & Employment), 2006-20010 ("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
• Listed in Best Lawyers in America, 2009
• Selected for Oregon Super Lawyers, 2009 – Top 25 Female Attorneys
• Peer Review AV rated by Martindale-Hubbell Legal Directory
• Member, American Bar Association
• Member, Multnomah Bar Association
• Member, Oregon Association of Defense Counsel
• Former board member, Oregon chapter of Federal Bar Association

Presentations

Amy has written and presented on numerous employment-related topics over the past 20 years. She has also conducted seminars and training sessions for clients ranging from Fortune 500 companies to small employers. Topics have included:

• trial techniques and oral advocacy
• discrimination and retaliation
• religious accommodation
• veterans' rights
• workforce reductions and WARN Act liability
• disability accommodation
• workplace investigations
• leave laws
• SOX whistleblowing
• compensation and benefits
• hiring and firing (and everything in-between)
• confidentiality protection including trade secret, noncompetition and nonsolicitation agreements

Civic Activities

• Board of Directors, United Way of the Columbia-Willamette
• Board of Directors and former president, Janus Youth Programs
• Board of Directors, Children's Land Trust
• Volunteer, Southeast Legal Clinic
• Volunteer, Domestic Violence Project
• Volunteer, Legal Aid Services of Oregon

Publications

• "The Times They Are A-Changing' A Brief Synopsis of What Labor and Employment Lawyers Should Know About New Laws" (author), 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 Work force" (author), Portland Business Journal, Winter 2008
• "Legislature Restricts Use of Noncompetition Agreements" (author), Portland Business Journal, Fall 2007

Education

• 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

Admissions

• Oregon
• Washington
• U.S. District Court, District of Oregon
• U.S Court of Appeals, Ninth Circuit
• U.S. Supreme Court

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