Brenda K. Baumgart
Experience
Brenda focuses her practice on employment-related counseling and litigation, as well
as appellate work. Her litigation and trial work includes representing employers in
both federal and state courts in all areas of employment law, as well as handling
administrative proceedings and charges before various governmental agencies,
including the Oregon Bureau of Labor and Industries, the Equal Employment
Opportunity Commission, and the Department of Labor. Brenda also represents clients
in labor arbitrations and matters before the National Labor Relations Board. She
conducts internal workplace investigations for private and public sector clients.
Brenda frequently speaks in the community and provides on-site client training on
numerous topics including workplace harassment and discrimination, family medical
leave laws, wage and hour compliance, and drug and alcohol issues.
Before joining Stoel Rives, Brenda was a partner at Barran Liebman LLP.
Partner
Portland, OR
(503) 294-9413 direct
Representative Work
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Nydigger v. Portland General Electric (PGE) – Defense verdict in two-week jury
trial in which plaintiff claimed retaliation (whistleblower).
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(503) 220-2480 fax
brenda.baumgart@stoel.com
Lenker v. The Racquet Club, et al. - Unanimous defense verdict in two-week jury
Education
trial in which plaintiff (former head tennis professional) asserted claims for
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breach of contract, breach of good faith and fair dealing, and defamation.
J.D., 1999
Campbell v. McMenamins, Inc. - Successfully represented employer before the
Moot Court Board
Dean's List
Oregon Court of Appeals, which upheld the trial court's grant of summary
Editor, Willamette Law Review
Winner, Labor and Employment Law
judgment on plaintiff's claims of wrongful discharge.
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Appellate Competition<?li>
Opsahl v. Pacific Maritime Association, et al. - Successfully obtained summary
judgment on plaintiff's claims of age and disability discrimination, and
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court's decision.
Successful Labor Arbitrations - Confidential Parties
Prevailed in a discharge arbitration for large hospital involving a long-term
registered nurse who was discharged for patient abuse.
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Admissions
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Oregon
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U.S. District Court for the District of
Oregon
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Arbitrator upheld the discharge of a paper mill employee who violated the
company's drug and alcohol policy.
Arbitrator found discharge of pharmacist working for community-based, nonprofit health organization was for just cause.
Willamette University, B.A., Political
Science and Sociology, 1995
represented defendant before the Ninth Circuit, which affirmed the district
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Willamette University College of Law,
U.S. Court of Appeals for the Ninth
Circuit
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U.S. Supreme Court
Brenda K. Baumgart
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Paper mill's discharge of a 30-year employee for insubordination and violation of mill rules upheld.
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Successfully represented timberlands employer in contract dispute involving dispatching of log truck drivers where union was
represented by its international office.
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Employer's decision not to promote employee with DUI history to a truck driver position upheld by arbitrator.
Professional Honors and Activities
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Listed in Best Lawyers in America© (currently: Employment Law-Management, Litigation-Labor & Employment), 2013-2016
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Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Labor & Employment), 20142016
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Listed in Oregon Super Lawyers® (Employment Litigation: Defense), 2013-2015
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Listed among Rising Stars (Employment Litigation), Oregon Super Lawyers®, 2009-2012
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Member, Oregon State Bar
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Chair, Labor and Employment Executive Committee, Oregon State Bar
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Member, Multnomah Bar Association
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Employment Practice Group Leader (Publications), Oregon Association of Defense Counsel
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Member, Labor and Employment and Litigation Sections, American Bar Association
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Member, Federal Bar Association
Presentations
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"Significant Wage and Hour Pitfalls," SHRM/Stoel Rives 14th Annual Labor and Employment Law Conference, Mar. 2016
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"The ADA Interactive Process: Lessons Learned," SHRM/Stoel Rives 14th Annual Labor and Employment Law Conference, Mar.
2016
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"Conducting Workplace Investigations of Employment Issues," SHRM Rogue Valley Chapter May Legal Seminar, May 15, 2014
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"Hot Topics: New Developments in Labor and Employment Law," SHRM Rogue Valley Chapter May Legal Seminar, May 15, 2014
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"Minimizing Risk of Labor Grievances & Employment Litigation Through Best Management Practices," Forest Products
Management Development, OSU College of Forestry, Apr. 29, 2013
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"Insiders' Guide to Conducting Internal Investigation," NWEEO, Feb. 21, 2013
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Moderator, "Dealing with Micro-Inequities in the Workplace," 11th Annual Labor and Employment Law Conference, SHRM Oregon
State Council, Feb. 2013
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"Back to School: Employment Law Hot Topics and Updates," Breakfast Briefing Series, Sept. 2012
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"Minimizing Legal Risk When Disciplining or Discharging Employees," Rogue Valley SHRM, May 2012
Brenda K. Baumgart
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"Discipline & Discharge Meetings & Dealing with Situations Involving Aggressive or Difficult Employees," SHRM Annual Labor an d
Employment Law Conference, Mar. 8, 2012
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"Training Managers to Avoid Cat's Paw Liability," Sept. 2011
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"Legal Compliance in the Workplace: What Every Employer Needs to Know About FMLA, OFLA & the ADA," Xenium, June 2011
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"Harassment & Discrimination in the Workplace: What Every Employer Needs to Know," American Association of Orthopaedic
Executives Webinar, May 2011
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"Headache-Free Performance Management Documentation," Sept. 2010
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"Minimizing Legal Risk and Protecting Company Trade Secrets When Ending the Employment Relationship," Presented to
Association of Corporate Counsel, May 2010
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"Occupational Therapy Session: Proper Steps When Terminating an Employee," presented by Pacific Printing & Imaging
Association, Sept. 2009
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"Managing Off-Duty Conduct," Oregon Association of Defense Counsel Annual Conference, June 2009
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"Employment Law 101," IPMA Conference, Apr. 2009
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"How to Respond to an EEOC Complaint," Salem SHRM, Jan. 2009
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"Laws Affecting Employment Agencies," Oct. 2008
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"Employer Regulation of Off-Duty Conduct," Sept. 2008
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"Drugs and Alcohol in the Workplace: A Legal Perspective," PHRMA Employee Relations Group, Jan. 2008
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"Legislative Update," 2007
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PPI Annual Conference, Sept. 2007
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"FMLA Update," Council on Education Management, Aug. 2007
Publications
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"Tips for Employers on Weathering the Storm This Winter" (coauthor), News & Views, the Portland Human Resource Management
Association newsletter, Mar. 2014
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"Guest Opinion: Don't Like Stoned Employees? Say No" (coauthor), Portland Business Journal, Aug. 2013
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"The Smoke Clears: Zero-Tolerance Drug Policies Enforceable" (coauthor), Portland Business Journal, July 2013
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"NLRB's Take on Terminating for Taboo Tweets," Daily Journal of Commerce, May 2011
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"Minimizing Legal Risk in Post-Recession Hiring Decisions," Daily Journal of Commerce, May 2010
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"Retaliation, Immigration Top Issues in Employment," Portland Business Journal, Dec. 2006
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"Ninth Circuit Finds Employer Unlawfully 'Interfered' with the New Mother's FMLA Baby Bonding Time," HR Watch, Council on
Education Management, Dec. 2003
Brenda K. Baumgart
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"Court Finds Employer Unlawfully 'Interfered' With the New Mother's FMLA Baby Bonding Time," Daily Journal of Commerce, Nov.
2003
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"Recent Decisions" (coauthor), OADC, Spring 2002
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Case Note, "Claim Sounding Only in Tort Does Not Constitute an Action 'Upon Any Policy of Insurance' Entitling Plaintiff to
Attorney Fees Under ORS 742.061," OADC, Winter 2002