Shareholder

Seattle, San Diego, Portland

Direct: 503.226.8638

Office: 206.319.7052

llively@buchalter.com

Bar Admissions

California, Alaska, Idaho, Oregon, Washington

Overview

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Leah Lively is a Shareholder in Buchalter’s Portland office and a member of the Labor & Employment practice, and chairs Portland’s Litigation Department.  Leah has represented over 150 employers in state and federal courts across multiple states, defending against claims of discrimination, harassment, retaliation, and wage and hour violations, including multiple class action lawsuit. Leah tailors her defense to meet each client’s objectives—whether that is a quick and efficient class action settlement, conducting targeted discovery to assess risk before motion practice or settlement, or taking a case to trial.  With a rare combination of experience and skill, Leah consistently delivers results for her clients.

Leah regularly represents employers in Oregon, Washington, and California.  A highly experienced employer-side litigator, Leah’s favorite part of litigation is deposing the plaintiff.  Leah is known for her quick thinking and attention to detail, positioning the her clients for the strongest possible outcomes. Leah’s effectiveness comes from her decades of experience as a subject matter expert and litigator.  She has successfully obtained summary judgment and defense verdicts for employers at trial, and is among the few attorneys nationwide to successfully defended a wage and hour collective action through jury trial.

Leah provides strategic guidance and court-tested solutions for disputes involving non-competition agreements, trade secrets, and/or breach of contract claims. She has defeated claims for injunctive relief and obtained summary judgment in these cases.

Leah  is also proactive in helping employers minimize risk through workplace training and investigations, internal compliance audits, and providing guidance on thorny employment decisions. Leah regularly publishes Insights to keep employers updated on new laws and common liability pitfalls, and is a regular expert contributor to Law360 for class action employment news and analysis.

An avid equestrian, Leah is a member of Buchalter’s Equine Law Industry Group. She drafts boarding and sales contracts, and represents clients in equine litigation.

Wage & Hour Class Actions

  • Trial attorney for a nationwide retailer in an FLSA collective action alleging off-the-clock work and related minimum and overtime violations. Over 100 opt-ins testified; 20-plus defense verdicts were obtained for the client, with actual damages limited to under $8,000. (D. Oregon)
  • Lead defense counsel in an FLSA collective action alleging missed meal breaks and minimum wage and overtime violations; defeated summary judgment and secured a favorable resolution for the client. (D. Arizona)
  • Lead defense counsel for a nationwide retailer in a putative wage and hour class action alleging misclassification of exempt employees. (D. Oregon)
  • Lead defense counsel in numerous Washington State wage and hour class actions absent employers alleging meal and rest period violations, minimum and overtime violations, pay transparency claims, and off-the-clock work.
  • Defense counsel for a national restaurant chain in a wage and hour class action with 40,000 putative class members alleging missed meal and rest breaks. (Cal. Super. Ct.)

Discrimination, Harassment, and Retaliation Cases

  • Lead trial attorney for an Oregon manufacturer in a federal trial involving claims of race and national origin discrimination and whistleblower retaliation; complete defense verdict awarded. (D. Oregon)
  • Lead trial attorney for a multi-state commercial real estate company in a federal jury trial involving claims of race discrimination and retaliation; complete defense verdict awarded. (E.D. Pennsylvania)
  • Trial attorney for a national timeshare company in a federal jury trial involving sexual harassment and discrimination claims; complete defense verdict awarded. (D. Oregon)
  • Lead trial attorney for a national solar retailer in case alleging sexual harassment, retaliation, wrongful discharge, and wage and hour violations; case favorably resolved on first day of trial. (Cal. Superior Court).
  • Obtained complete summary judgment and dismissal of claims for a financial institution in a federal case alleging sexual harassment and retaliation. (D. Oregon)
  • Obtained complete summary judgment and dismissal of claims for a major airline company in a federal case alleging race and age discrimination and retaliation. (W.D. Washington)
  • Obtained complete summary judgment and dismissal of claims for a national railroad company in a federal case involving claims of race discrimination, sexual harassment, and retaliation. (W.D. Washington)
  • Obtained complete summary judgment and dismissal of claims for a national railroad company in a federal case alleging FMLA interference and retaliation. (W.D. Washington)

Trade Secrets/Employee Mobility Cases

  • Obtained dismissal of trade secret misappropriation claims filed by a former employer against the client and his new employer. (D. Oregon)
  • Obtained summary judgment for multiple clients against claims of breach of contract related to non-compete and non-solicitation agreements. (D. Oregon)
  • Defeated a motion for temporary restraining order in a non-compete and trade secret case. (D. Oregon)

Admissions

  • Alaska
  • California
  • Idaho
  • Oregon
  • Washington

Education

  • Lewis and Clark Law School, J.D., 1996
    • National Champion Team, Environmental Moot Court
    • Cornelius Honor Society
  • California Polytechnic State University, B.S.

  • Named as one of “America’s Leading Lawyers for Business” by Chambers USA in Labor & Employment (Oregon), 2008-2025
  • Named as one of the “Best Lawyers in America” in Employment Law, 2011-present
  • Selected to “Oregon Super Lawyers” in Employment Litigation, Thomson Reuters, 2011-2024
  • AV Preeminent rated by Martindale-Hubbell
  • Named “Lawyer of the Year” in Litigation – Labor and Employment (Oregon) by Best Lawyers, 2015

 

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