Victor J. Kisch

Experience

Victor Kisch is a partner in the firm's Labor and Employment Group, which includes approximately 40 attorneys in seven states (Oregon, Washington, Idaho, Utah, Alaska, California and Minnesota). Victor is a resident of the firm's Portland office, which is rated in tier #1 by U.S. News & World Report/Best Lawyers in America and in tier #1 by Chambers USA. The Labor and Employment Group was also ranked among the top groups on a national level by U.S. News & World Report.

Victor has been ranked individually as a first-tier labor and employment lawyer for eight years by Chambers USA ("an expert in the field"—2012). He is one of seven Oregon management-employment attorneys elected as a Fellow in The College of Labor and Employment Lawyers for his sustained outstanding performance in the profession. He has been included in Best Lawyers in America for seven years. He was named one of the "Top 50" attorneys in Oregon by Super Lawyers. Victor is also AV rated by Martindale-Hubbell.

For over 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), training and risk analysis.

Victor blogs at www.stoelrivesworldofemployment.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 on a wide range of HR and employment issues. 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 TV commentator on KGW Live@7, KATU, KPTV and KOIN-TV.

Victor started the Labor and Employment group at Tonkon Torp LLP in Portland, Oregon and was a partner and chair (1993-2005). Before that, he was a partner and associate at Littler Mendelson, P.C. in San Francisco, California (1985-1993).

Representative Work

Employment Trials and Litigation

• Nydigger v. Portland General Electric (PGE) – Defense verdict in two-week jury trial in which plaintiff claimed retaliation (whistleblower). 
• Strickland v. The Portland Shipyard - Defense verdict in one-week jury trial involving two plaintiffs on claims of hostile environment based on race and racial segregation.
• Langton v. Wells Fargo Bank, N.A. - Defense verdict in one-week jury trial in which a 69-year-old employee, who worked over 10 years for defendant, alleged age discrimination, hostile work environment and retaliation.
• 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.
• Guild for Professional Pharmacists v. Kaiser Foundation Hospitals – Defense ruling in federal court three-day bench trial in an action to change pension eligibility in the collective bargaining agreement.
• Paul v. Asbury Motors - Engaged as member of post-trial team in race discrimination case after jury awarded $19 million verdict. Court reduced the verdict to $1.2 million based on post-trial motions and the case settled soon thereafter.
• Auto Dealers v. Teamsters and Machinists – Employer verdict in three-week jury trial alleging violence and property damage during a strike.
• Mishoe v. Daimler Trucks - Case dismissed with prejudice after plaintiff's deposition in FMLA, OFLA and ADA retaliation claim.

Wage and Hour Class Actions

• Holden v. Staples, Inc. - Resolved precertification wage and hour class claims relating to payments upon termination.
• Zamora v. Foster Farms - Resolved class claims precertification alleging termination pay, postings and pay stub information.
• Reyes v. Sabroso Company - Resolved class claims based on alleged time worked during orientation period.

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.

Labor Arbitration, NLRB and Collective Bargaining

• Represented large medical center in successful decertification of SEIU in 600-employee bargaining unit.
• Confidential Parties – Prevailed in labor arbitration in which $8.1 million of withdrawal liability was in dispute.
• 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.
• Represent major energy company in labor matters on a multi-state basis, including strategy for collective bargaining, defending unfair labor practices, arbitrations and strike preparation.
• Confidential Parties - Prevailed in bet-the-company NLRB trial in which the Board alleged alter ego status.
• 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.

List of Representative Cases

• Presley v. Freightliner, LLC, 357 F. App'x 34 (9th Cir. 2009)
• Sheppard v. David Evans & Assocs., U.S. 9th Circuit No 11-35164, 2012 US App LEXIS 19135,  (D. Or. 2010)
• Noga v. Costco Wholesale Corp., 583 F. Supp. 2d 1245 (D. Or. 2008)
• Cai v. DaimlerChrysler AG, 480 F. Supp. 2d 1245 (D. Or. 2007)
• Gonzalez v. Adecco N. Am., No. 06-395-AS, 2007 U.S. Dist. LEXIS 1291 (D. Or. 2007)

Professional Honors & Activities

• Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Labor & Employment), 2012
• Elected as a Fellow in The College of Labor and Employment Lawyers, the highest recognition by colleagues in the field of labor and employment law (one of six management-side attorneys in Oregon), 2007
• Listed in Best Lawyers in America® (currently: Employment Law-Management; Labor Law-Management), 2005-2013
• Listed in tier #1 of "America's Leading Lawyers for Business" (Oregon) by Chambers USA, 2006-2012; "Provides practical advice in a very responsive fashion" - 2012; "An expert in the field . . ." – 2011; 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
• Listed in Oregon Super Lawyers® (Employment and Labor), every year since inception
• Selected by Super Lawyers® as one of the "Top 50" lawyers in Oregon, three years
• Listed in Portland Monthly magazine as top attorney in labor and employment
• AV Preeminent Peer Review Rated with Martindale-Hubbell® for over 10 years (highest rating in the legal profession for legal ability and ethics)
• Counsel, Portland Human Resource Management Association (PHRMA), Affiliate of the Society for Human Resource Management (SHRM), 2006
• Past 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

• Former Board member, Lan Su Chinese Garden, former president, former vice president and executive committee member
• Board member, Vital Life Foundation

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. District Court for the Western District of Washington
• U.S. Court of Appeals for the Ninth Circuit

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