Victor J. Kisch
Experience
Labor and Employment
For almost 30 years, Victor Kisch has specialized exclusively in labor and employment
law on behalf of employers only. His practice includes (1) employment litigation and
trial work (wrongful discharge, discrimination, sexual harassment, trade secrets,
retaliation, wage and hour class actions), (2) labor law or "traditional" labor law (union
organizing drives, labor negotiations, NLRB practice, strikes, project labor
agreements, unfair labor practices), and (3) advice and counsel on a wide range of
labor and employment issues, such as discharges, layoffs, and the WARN Act.
Victor has been ranked by Chambers USA in “Band 1” for over a decade, the highest
ranking under the Chambers peer and client rating process. He is one of eight 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 ten years. He was named one of the
Partner
Portland, OR
(503) 294-9648 direct
(503) 220-2480 fax
"Top 50" attorneys in Oregon by Super Lawyers. Victor is AV rated by MartindaleHubbell®.
victor.kisch@stoel.com
Labor and Employment Practice
Education
The firm's Labor and Employment Group includes approximately 40 attorneys in seven

School of Law, J.D., 1985
states (Oregon, Washington, Idaho, Utah, Alaska, California and Minnesota). Victor is a
resident of the firm's Portland office, which is ranked in tier #1 by U.S. News & World
Temple University, James E. Beasley

Report/Best Lawyers in America® and in Band 1 by Chambers USA ("universally
School of Labor and Employment
Relations, University of Illinois, M.A.,
respected"). The Labor and Employment Group is also ranked among the top groups on
1982
Phi Kappa Phi Honor Society
a national level by U.S. News & World Report.
Victor blogs at www.stoelrivesworldofemployment.com and is a frequent speaker in
Oregon and nationally. For five years, he wrote a monthly column in the Portland
Business Journal on a wide range of Human Resources issues. He has been quoted by

University of Iowa, B.B.A., 1980
Admissions

Oregon

California
TV commentator on KGW Live@7, KATU, KPTV and KOIN-TV.

Washington
Victor started the Labor and Employment group at Tonkon Torp LLP in Portland,

U.S. District Court for the District of
the Associated Press, The Oregonian, The Seattle Times, Oregon Public Broadcasting,
the Portland Business Journal and Oregon Business Magazine, and has appeared as a
Oregon
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).

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
Victor J. Kisch
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 in which two plaintiffs claimed 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 judgment in three-day bench trial in federal court
in an action to change pension eligibility in the collective bargaining agreement.

Auto Dealers v. Teamsters and Machinists - Employer verdict in three-week jury trial alleging violence and property damage
during a strike.

Paul v. Asbury Motors - Member of post-trial team in race discrimination case engaged after jury verdict of $19 million. Court
reduced the verdict to $1.2 million based on post-trial motions and the case settled soon thereafter.
Labor Law (NLRB, Strikes, Union Organizing Drives, Project Labor Agreements, Unfair Labor Practices)
Sometimes referred to as "traditional" labor law, Victor's practice in this area includes defending employers in union organizing
drives, strike situations, unfair labor practice charges, and negotiating collective bargaining agreements and project labor
agreements (pre-hire agreements).

Successfully represented Precision Castparts Corp., a Fortune 500 company, in what is believed to be the largest union election
in Oregon history.

Represented a manufacturer in a national organizing drive in approximately 30 states.

Represented an assisted living company in a regional organizing drive.

Represented largest medical center in Central Oregon in successful decertification of SEIU in 600-employee bargaining suit.

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 companies in labor matters on a multi-state basis, including strategy for collective bargaining,
defending unfair labor practices, arbitrations and strike preparation.

Prevailed in bet-the-company alter-ego/single employer NLRB trial.
Victor J. Kisch
Wage and Hour Class Actions

Bey v. SolarWorld - Class claims involve 5-minute grace period and work period.

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.
Training
Training can be a critical part of an employer's defense in employment litigation. For several years, Victor has trained executives,
managers and supervisors, on a national level, on such topics as sexual harassment, discrimination, investigations, social me dia in the
workplace and union avoidance.
List of Representative Cases

Presley v. Freightliner, LLC, 357 F. App'x 34 (9th Cir. 2009)

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 and Activities

Listed in Best Lawyers in America© (currently: Employment Law-Management, Labor Law-Management), 2004-2016

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 eight management-side attorneys in Oregon), 2007-present

Ranked in tier #1 by Chambers USA, for 11 years (2004-2016). Comments include: “He is well respected, very timely and a great
communicator” (2015); "When I call Victor Kisch, I know I am calling an expert" (2014); "Held in high regard" (2013); "Provid es
practical advice in a very responsive fashion" (2012); "An expert in the field . . ." (2011); "Attracts high praise for his
collaborative work ethos" (2010); "Can manage the most complicated situations, 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," "very able, personable and gentlemanly" and "a great counselor"
(2006); "Incredibly motivated...clients stress how enjoyable he is to work with,...the lengths he goes to in understanding their
concerns" (2005); Praised him as a "results-oriented attorney who makes his advice practical. He really takes the time to listen
to his clients" (2004).
Victor J. Kisch

Listed in Oregon Super Lawyers® (Employment & Labor, Employment Litigation: Defense), 2006-2015

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 20 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), for 10 years (2004-2014)
Civic Activities

Former Board member, Lan Su Chinese Garden, former president, former vice president and executive committee member

Board member, Vital Life Foundation