Katheryn Bradley
Seattle/Anchorage
Shareholder
bradleyk@lanepowell.com
206.223.7399
Areas of Practice
Katheryn Bradley represents private and public employers in workplace disputes, and has successfully
litigated and resolved claims for wrongful discharge, discrimination, and violations of leave and
wage and hour laws. She has defended employers in individual and class action lawsuits in trial and
appellate courts throughout the Pacific Northwest, including Washington, Oregon and Alaska.
In addition to her extensive employment litigation experience, Katheryn devotes a substantial part
of her practice to counseling managers and human resource professionals in organizations of all
sizes. She advises clients on best practices to manage leave and navigate through the interactive
process to accommodate disabled employees. She helps employers avoid employment claims by
preparing effective workplace policies and counseling them through reductions in force, separations
and terminations. Katheryn prepares executive employment agreements, effective covenants not to
compete, and trade secrets and intellectual property agreements. She works closely with business
executives to enforce non-competition agreements and respond to cease and desist letters. Katheryn
provides interactive EEO training to managers, and frequently speaks at employment law seminars.
She also conducts workplace investigations and is an active member of the Seattle chapter of the
Association of Workplace Investigators.
Professional Experience
Foster Pepper PLLC
Partner, (2007-2010)
Chair, Employment and Labor Group (2008-2009)
Jackson Lewis LLP
Partner (2004-2007)
Of Counsel (2000-2004)
Tindall Bennett & Shoup PC
Partner (1995-2000)
Associate (1986-1994)
Alaska Supreme Court, Judicial Extern to the Honorable Allen T. Compton (1985)
Admitted to Practice
Washington
Oregon
Alaska
U.S. District Court, Western District of Washington
U.S. District Court, Eastern District of Washington
U.S. District Court, District of Alaska
Ninth Circuit Court of Appeals
Academics
Northwestern School of Law, Lewis and Clark College (J.D., 1986)
Environmental Law Review, Associate Editor
Honors, Legal Writing
Scripps College (B.A., 1983)
Université de Paris, La Sorbonne (Philosophy and Literature, 1981-1982)
Practice Group and Specialty Team Memberships
Canada Practice
Electronic Discovery, Technology and Strategy
Food, Beverage and Hospitality
Labor and Employment
Litigation
Investigations and Regulatory Compliance
Startups and Emerging Companies
Wage and Hour
Electronic Discovery Committee
Representative Matters
Swaw v. Safeway, Inc. (W.D., Wash., 2015) (represented employer sued for disability discrimination based on medical marijuana use; successfully moved for order granting judgment on the pleadings)
Hallock v. AstaReal Technologies, Inc. (Grant County Superior Court, 2015) (represented employer
sued for workplace harassment)
TruGreen Landcare LLC v. Davis and Northwest Landscape Services of Oregon, LLC (Oregon Circuit
Court, Lane County, 2014) (represented employer and employee sued for violation of noncompetition agreement)
Diamond Parking Inc. v. Lindsay (King County Superior Court, 2010) (represented employer who sued to enforce non-competition agreement)
Danny v. Laidlaw, 165 Wn.2d 200, 193 P.3d 128 (Washington Supreme Court, 2008) (represented employer sued for wrongful discharge in violation of public policy allegedly because she was a domestic violence victim)
Wright v. Colville Tribal Enterprise Corporation, 159 Wn.2d 108, 147 P.3d 1275 (2006) (successfully moved to dismiss race discrimination claim under the WLAD on tribal sovereign immunity grounds; affirmed on appeal)
Wallace v. Lockheed Martin (E.D. Wash. 2009) (obtained summary judgment for employer in litigation alleging gender discrimination)
Harrison v. Mason Co. Fire Dist. No. 2 (Mason County, 2007) (represented employer in disability discrimination case brought by firefighter)
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Alexander v. GMRI d/b/a Olive Garden Restaurants (Spokane Superior Court; Washington Court of Appeals, 2004) (successfully compelled arbitration of wage and hour claims and defeated petition for discretionary review)
Anderson v. Lockheed Martin (King Co. Superior Court, 2004) (represented employer in wrongful discharge suit; obtained summary judgment dismissing all claims)
Jarrett v. Emeritus Corp., 126 Fed. Appx. 825 (9th Cir. 2005) (U.S. District Court for District of Idaho; Ninth Circuit Court of Appeals, 2003-2005) (ERISA litigation involving health insurance claim)
Clark v. Sears Roebuck & Co., 110 Wn.App. 825, 41 P.3d 1230 (Washington Court of Appeals, 2002) (suit for wrongful discharge premised on handbook claim)
Collins v. PacMed Clinics (W.D. Wash., 2006) (represented employer in equal pay lawsuit)
Frank v. PacMed Clinics Inc. (W.D. Wash., 2006) (successfully moved to compel arbitration in equal pay lawsuit)
Fogel v. Olympic Medical Center (Clallam County Superior County, 2007) (represented employer and managers sued for wrongful termination and discrimination)
Goodman v. Sears Roebuck & Co., 92 Fed. Appx. 409, 2004 WL 68688 (9th. Cir. 2004) (represented employer in appeal involving age discrimination suit)
Hurley v. U.S. HealthWorks Medical Group of Washington, P.S. 2006 WL 1788994 (E.D. Wash., 2006) (defeated class certification in suit alleging meal and rest break violations)
McMahon v. National Product Services (U.S. District Court for the Western District of Washington, 2001) (obtained summary judgment for employer on age discrimination claim)
Huston v. UBS Financial Services Inc. (D. Alaska, 2005) (represented employer in wrongful discharge claim by financial broker)
Williams v. FedEx Ground Package Systems Inc. (D. Alaska, 2005) (represented company in challenge to independent contractor status)
Allen v. Educational Community Credit Union (W.D. Wash., 2006) (represented financial services company and manager in discrimination lawsuit)
Anchorage Police and Firefighters Union v. Municipality of Anchorage (Alaska Superior Court) (represented Municipality in litigation brought by two unions challenging the constitutionality of substance abuse testing policy)
Exxon v. Heinze, 32 F.3d 1399 (9th Cir. 1994) (prepared appellate briefs for State of Alaska in appeal involving whether Alaska judges should be disqualified from hearing cases adverse to the oil companies, obtaining favorable decision on appeal)
Friendly v. University of Alaska (U.S. District Court for District of Alaska) (obtained summary judgment in race and gender discrimination suit under Title VII)
Johnson v. University of Alaska, 1998 WL 34347965 (Alaska Supreme Court) (represented employer in age discrimination lawsuit)
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Logue v. Anchorage Police Department (Anchorage Equal Rights Commission) (represented police department in administrative hearing involving police officer candidate’s disability discrimination claim)
Scudder v. IASCO, 161 F.3d 14 (9th Cir. 1998) (table) (successfully represented employer in appeal involving complex choice of law questions, self-compelled defamation claim, and collateral estoppel issues arising out of an arbitration decision)
Tovsen v. University of Alaska, 835 P.2d 445 (Alaska 1992) (represented employer in this wrongful termination case)
Publications
“So You Hired an Axe Murderer: Avoiding Mistakes in the Hiring Process,” Puget Sound Business Journal Best Practices for Best Employers™: How to Become a Best Workplace Starting Today Special Insert, Co-author (August 21, 2015)
“Avoiding Personal Liability: Don’t Forget to Budget for Employee Wages,” Puget Sound Business Journal Startups and Emerging Companies: Kick-start Your New Year Special Insert, Co-author (October 31, 2014)
“How to Handle Mental Disabilities in the Workplace Without Losing Your Mind,” Puget Sound Business Journal Best Practices for Best Employers™: How to Become a Best Workplace Starting Today Special Insert, Co-author (August 22, 2014)
“Do You Know Where Your Data Went? Best Practices for Preserving Electronically Stored Information,” Seattle Business magazine, Co-author (May 2014)
“Take Two Aspirin and Call Your Attorney: Potential Headaches From Conflicting Disability and Wellness Laws,” Puget Sound Business Journal Best Practices for Best Employers™: How to Become a Best Workplace Starting Today Special Insert (September 6, 2013)
“Wellness Programs Can Reduce Health Care Costs, But Can Your Bank Afford the Legal Risks?” Issues and Answers magazine, Washington Bankers Association, Co-author (March/April 2013)
“Dealing With Seattle’s Paid Sick and Safe Leave Ordinance,” King County Bar Association’s Bar Bulletin, Co-author (September 2012)
“Trends in Labor and Employment Law: Four Steps Employers Can Take to Minimize Claims,” Puget Sound Business Journal Best Practices for Best Employers™: How to Become a Best Workplace Starting Today Special Insert (September 7, 2012)
“Countdown: Many Firms Not Prepared for Seattle’s New Sick Leave Law,” Puget Sound Business Journal, Quoted (June 22, 2012)
“How to Regulate Employee Technology Use Without Becoming a Target,” Seattle Business magazine (April 2012)
“How to Avoid Whistleblower Claims Under Dodd-Frank: Practical Tips for Financial Institutions,” Community Banker magazine (Spring 2012)
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“If a Former Employee Claims Her Co-worker Sexually Harassed Her, Can We Ask the Employee to Turn Over Her Facebook Account in Discovery?” Puget Sound Business Journal ADR and Litigation and Portland Business Journal Q&A Column Titled “Ask the Legal Professionals” (December 2011, March 2012)
“Women Still Earn Less Than Men,” Society for Human Resource Management Website, Quoted (November 18, 2011)
Speaking Engagements
“The NLRB’s New Controversial Decision Regarding Who Is a ‘Joint Employer’ and How It Could Dramatically Alter the Contractor-Subcontractor Relationship,” and “OCIPs, CCIPs and Project Insurance — Designing the Best Insurance Program for the Project,” Lane Powell and Propel Insurance Construction and Insurance Seminar, Co-presenter (October 20, 2015)
“The Interactive Process and the Interplay of the ADA, FMLA and Worker’s Compensation,” U.S. Equal Employment Opportunity Commission’s Training Seminar, Seattle, Co-presenter (September 17, 2015)
“‘So You Hired an Axe Murderer’: How to Avoid This and Ensure the Pre-Employment Process
Runs Smoothly,” Lane Powell’s 33rd Annual Labor and Employment Seminar, Seattle, Co-presenter (September 15, 2015)
“Separation Anxiety: Top 10 Issues in Ushering Out Mr./Ms. Big,” Western Pension & Benefits Council’s 2015 “Thriving on Change” Spring Seminar, Seattle, Co-presenter (April 22, 2015)
“Weed at Work: Will Your Drug-free Workplace Policy Go Up in Smoke?,” Lane Powell’s Anchorage Labor and Employment Seminar, Co-presenter (April 2, 2015)
“How to Handle Mental Disabilities in the Workplace Without Losing Your Mind,” Lane Powell’s Anchorage Labor and Employment Seminar (April 2, 2015)
“Accommodating Psychiatric Disabilities in the Workplace,”Alaska Bar Association’s Employment Law Section Meeting, Anchorage, Alaska (April 1, 2015)
“Top 10 Questions I Wish I Had Asked My Employment Lawyer,” Lane Powell’s First Annual Startups and Emerging Companies Seminar, Co-presenter, Seattle (December 4, 2014)
“Beyond the Basics — Balancing Employee Privacy Rights vs. Employer’s Right to Know,” National Business Institute, “Advanced Employment Law: Working Through Common Problems” Seminar, Seattle (December 17, 2014)
“Advanced Psychiatric Disabilities and Leave Issues: Accommodations Beyond Leave,” Washington State Bar Association’s 14th Annual Labor and Employment Conference, Seattle, Panelist (November 21, 2014)
“How to Handle Mental Disabilities in the Workplace Without Losing Your Mind,” Lane Powell’s 32nd Annual Labor and Employment Seminar, Seattle, Co-presenter (September 9, 2014)
“National and Local Legislative Initiatives: Overtime Expansion and the Seattle Minimum Wage Ordinance,” Northwest Compensation & Rewards Forum’s Quarterly Meeting and Luncheon, Seattle (July 9, 2014)
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“Overview of President Obama’s Overtime Expansion,” Lane Powell’s “Auditing Compliance With Changing Overtime Laws — A Practical Workshop for Liberal Arts Majors Who Avoided Math Classes in College” Seminar, Seattle (May 29, 2014)
“Disability Discrimination Claims,” National Business Institute, Employment Discrimination Law Seminar, Seattle (December 12, 2013)
“The Times They Are A-Changin’ — Again! Best Practices to Comply With Legal Developments in Evolving Times,” Lane Powell Labor and Employment Law Seminar, Seattle, Co-presenter (December 5, 2013)
“Can Employers Legally Discriminate Against Obese, Sick and Lazy People?” Northwest Human Resource Management Association’s 2013 Conference and Tradeshow, Co-presenter, Tacoma, Wash. (October 10, 2013)
“Healthcare Reform Impact on Community Banks,” Western Independent Bankers’ 2013 Education Summit and Expo, Co-presenter, Anaheim, Calif. (September 23, 2013)
“Take Two Aspirin and Call Your Attorney: How to Avoid Headaches From Conflicting Disability and Wellness Laws,” Lane Powell’s 31st Annual Labor and Employment Law Seminar, Seattle (September 19, 2013)
“Arbitration of Employment Law Claims in Washington,” Washington State Bar Association’s Employment Law Essentials CLE, Co-presenter, Seattle (July 10, 2013)
“Wage and Hour Compliance: Independent Contractors Workshop,” Lane Powell’s Wage and Hour Seminar, Seattle (May 16, 2013)
“New Legislation in Washington: Marriage Equality and Legalized Marijuana,” Lane Powell Labor and Employment Law Seminar, Seattle (December 4, 2012)
“Annual Labor and Employment Law Update: Lessons for Best Employers,” Lane Powell’s 30th Annual Labor and Employment Law Seminar, Seattle (September 20, 2012)
“Dealing With, or Better Yet Avoiding, Social Media Issues in Employment Law,” Law Seminars International, Seattle (September 7, 2012)
“Seattle Paid Sick and Safe Leave Ordinance — What Restaurant Owners and Operators Need to Know for September 1 Compliance!” Seattle Restaurant Alliance (June 6, 2012)
“How to Regulate Employee Social Media Technology Use Without Becoming a Target,” Ascentis Webinar (April 24, 2012)
“‘If You Leave Me Now…’ — Not the Same Song & Dance for Mastering Leave and Disability Accommodation,” Northwest Human Resource Management Association’s 2012 Conference and Tradeshow, Anchorage, Alaska (October 2, 2012)
“Wage Laws for Specific Types of Workers” and “Exempt vs. Non-Exempt Employees,” National Business Institute’s “FLSA Issues in Small- to and Medium-Sized Businesses” Seminar, Seattle (March 14, 2012)
“Staffing: HR Challenges Within the Corporate Flight Department,” Pacific Northwest Business Aviation Association’s General Board Meeting, Seattle (November 10, 2011)
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“Responding to and Cooperating With Government Inquiries: Putting Your Best Foot Forward,” Lane Powell’s 29th Annual Labor and Employment Law Seminar, Seattle (September 20, 2011)
“Employee Privacy and the Use of Social Media in the Workplace and Profession,” The William L. Dwyer Inn of Court, Seattle (April 12, 2011)
“Tips for Conducting Workplace Investigations: Lessons Learned From the Trenches,” South King County Human Resources Association’s Meeting, Seattle (March 17, 2011)
“Increased Wage-Hour Litigation: DOL’s New ‘Bridge to Justice’ Initiative — Practical Implications for Employers,” Law Seminars International Telebriefing (February 17, 2011)
“Genetic Predisposition Laws and Background Checks,” 13th Annual Labor & Employment Law Conference, Seattle (August 2010)
“ADA and FMLA Update: Fundamentals of Employment Law,” Sterling Education Services, Inc., Seattle (June 2010)
“Got Capital Bank Case Study — CRE Workouts and Employment Risk Management,” Bankers Briefing, Seattle (May 2010)
“What You Need to Know About Managing FMLA Leave and Accommodating Employee Health Conditions,” Labor Relations Institute, Yakima, Wash. (April 29, 2010)
“Non-Competes in a Down Economy: Protecting Your Company’s Trade Secrets From Disclosure by Former Employees,” Employment & Litigation Update, Seattle (June 2009)
“Preparing for Compensation Discrimination Claims Under the Lilly Ledbetter Fair Pay Act,” Bankers Briefing, Seattle (May 2009)
“Lawful Recruitment and Effective Employment Contracts,” National Business Institute, Seattle (June 2009)
“What You Need to Know About the New Developments in Disability & FMLA Law,” Civil Service Conference, Yakima, Wash. (Fall 2008)
“Top Ten Ways to Avoid Employment Claims,” Bankers Briefing, Seattle (May 2008)
“What Do They Need to Know About You? The Invasive and Informative Job Search Process in the Facebook Era,” 15th Annual Employment Law Institute, Seattle (April 2008)
“Taking Another Look at The Employee Handbook in The 21st Century,” National Business Institute, Seattle (December 2007)
“Alternative Dispute Resolution,” Women’s Employment Law Conference, Berkeley, Calif. (November 2005)
“The Americans With Disabilities Act in Alaska,” National Business Institute, Anchorage, Alaska (June 2000)
“The Fundamentals of Employment Law (Alaska),” National Business Institute, Anchorage, Alaska (July 2000)
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“Fundamental Issues in Alaska Human Resource Law,” National Business Institute, Anchorage, Alaska (December 1998)
“Alaska Labor and Employment Law,” National Business Institute, Anchorage, Alaska
(September 1997 and 1998)
Professional and Community Activities
Member, Lewis and Clark Law School Alumni Board (2013-Present)
Member, American Bar Association, Labor and Employment Section (1986-Present)
Member, Alaska State Bar Association
Member, Oregon State Bar Association
Member, Washington State Bar Association
Pacific Coast Labor & Employment Law Conference
Member, Planning Committee (2009-2015)
Co-chair, Special Topics Subcommittee (2010-2011; 2014-2015)
Member, Association of Workplace Investigators, Seattle Chapter
Member, King County Bar Association, Labor and Employment Section (2007-Present)
Member, The Society for Human Resource Management (2004-Present)
Member, Lake Washington Human Resource Association (2004-Present)
Member, Association of Women Attorneys with Real Experience (AWARE) (2006-Present)
Member, Business Council, Seattle Repertory Theater (2008-2010)
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