Experience

Andy Behrend is Of Counsel in the Litigation group. He has extensive experience in employment and large contract litigation, business torts, misappropriation of trade secrets, insurance coverage, antitrust violations, employee pension benefits and violations of environmental laws. Andy provides counsel to employers on employment contracts, noncompetition agreements, the development of employment policies and procedures and compliance with employment laws. He has defended employers against claims alleging employment discrimination based on gender, age, race and disability; violation of federal and state wage and hour laws; violation of the Family Medical Leave Act; wrongful discharge; employer retaliation; defamation; and breach of employment contracts.

Andy has successfully handled appeals from decisions of trial courts and administrative agencies, including appeals before the Alaska Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.

Before joining Stoel Rives, Andy was an attorney with Heller Ehrman LLP, 1993-2008.

Representative Work

• Defended complex ERISA case brought by alleged former employee of major energy company seeking pension and separation benefits.
• Won full defense jury verdict for a major national airline in trial of former employee's allegations of race discrimination, retaliation, wrongful discharge, breach of contract and other claims.
• Defended major national airline against discharged employee's claims for interference and retaliation under the Family Medical Leave Act.
• Defeated all claims against an Alaska insurance brokerage by former employees claiming gender discrimination, wage and hour violations, breach of contract and FMLA violations; and successfully defended the resulting appeal before the U.S. Court of Appeals for the Ninth Circuit.
• Defended a major Alaska municipality against federal employment discrimination, retaliation, wrongful termination and defamation claims by employees and former employees.
• Defended a major energy company in a lawsuit by a former employee alleging discrimination on the basis of race, culture, age and disability.
• Won an appeal before the Ninth Circuit affirming the trial court's judgment that an energy company did not improperly withhold pension benefits from a deceased employee's estate.
• Advised Alaska employers regarding compliance with Alaska and federal employment laws; drafted policies and procedures, employee handbooks, employment contracts and noncompetition and confidentiality agreements.
• Represented numerous clients, including health care service providers, energy services companies, insurance brokerages and a major national electrical supply company, in matters involving violations and alleged violations of noncompetition and nonsolicitation agreements by former and current employees.
• Assisted nonprofit charitable corporations with personnel disputes and compliance issues on a pro bono basis.
• Successfully defended a "big-four" accounting firm in an action by a former client alleging negligent business valuation, auditing and other accounting practices. Jury returned defense verdicts on all claims.
• Successfully defended an energy company before trial and appellate courts in a large lawsuit alleging breach of contract and business torts. Dismissal of claims was affirmed on appeal.
• Defended a major manufacturer of wood treatment products in an Alaska-wide class action alleging product failure, breach of warranty and false advertising.
• Defended a national telecommunications company in a large contract claim asserting failure to clean up or disclose environmental contamination.
• Defended a major international computer software firm against claims alleging breach of a contract to develop and market computer software and business torts.
• Successfully represented a major Alaska electric utility in appeals before the Alaska Superior Court and Alaska Supreme Court of agency decision compelling refund payments to wholesale customers.

Professional Honors & Activities

• Selected as one of "American's Leading lawyers for Business" (Alaska) by Chambers USA (currently: Labor & Employment), 2006-2010
• Member, Alaska Bar Association
• Member, Executive Committee, Employment Law Section, Alaska Bar Association
• Member, American Bar Association

Presentations

Andy frequently speaks on topics related to employment law. His recent presentations include:

• "Changes to the ADA and FMLA Regulations: Just the Beginning?" Regional Counsel of Alaska Native Regional Corporations, Anchorage, Alaska, Apr. 2009
• "Balancing Employee Privacy Rights with Business Necessity – The Alaska Perspective," Fundamentals of Employment Law, Anchorage, Alaska, Apr. 2008, Sept. 2008
• "Sexual, Racial and Other Harassment in the Workplace," Fundamentals of Employment Law, Anchorage, Alaska, Apr. 2008, Sept. 2008
• "Fundamentals of ERISA Litigation," Heller Ehrman Labor & Employment Group Briefing Teleconference, 2008
• Moderator and speaker on a wide range of topics at Alaska Personnel Law Update (biannual two-day comprehensive Employment Law Update Seminar), Anchorage, Alaska, 2002-2006.

Civic Activities

• Director, Spirit of Youth, 2009-2009
• Member, Science Advisory Committee, Board of Directors of Anchorage Museum at Rasmussen Center, 2008-2009
• Director, The Imaginarium, Inc., 2005-2008
• Member, Chugach Optional School Family Council, 2001-2008
• United Way Days of Caring (various years)

Education

• University of California Boalt Hall School of Law, J.D., 1993
  Executive Editor, 1992-1993, Associate Editor, 1991-1992, Ecology Law Quarterly
• University of Minnesota, M.S., 1985
• State University of New York, B.S., 1981, magna cum laude

Admissions

• Alaska Supreme Court
• U.S. District Court for the District of Alaska
• U.S. Court of Appeals for the Ninth Circuit

Print to word