My practice is currently limited to working with physicians and other healthcare professionals, with a focus on employment contract issues, in Oregon, Washington, California and Montana.
If you are a physician or other healthcare provider in OR, WA, CA, or MT and have questions relating to an employment contract or require a contract review, please use the confidential Contact Form above to reach me. My office telephone number is: (503) 779-5415.
You will find below summaries of my cases, publications, speaking engagements, and articles on physician employment contracts, noncompetition and nonsolicitation agreements, wage and hour law, employment discrimination, sexual harassment, and family medical leave laws. My practice currently focuses on advice and representation for physicians and other licensed healthcare professionals in Oregon, Washington, California and Montana.
Professional Background
In addition to my own cases, I have worked collaboratively as co-counsel or on a contract basis with other attorneys. For example, I have served as second-chair trial attorney in two overtime class action trials in the San Francisco Bay Area, collectively recovering more than $200 million for over 3,000 employees. In 2022, I served as second-chair trial attorney in a wage and hour class action jury trial in federal court in Portland, OR, which which we obtained a judgment of $13 million on behalf of thousands of employees. I also assist with briefing in the appellate courts.
Since receiving a B.A. with Honors in English Literature from Montana State University ("MSU") and a J.D. from Harvard Law, I've been active in the Montana State Bar (1988), the California State Bar (1991), the Oregon State Bar (2011), and the Washington State Bar (2021). In law school, I was a summer law clerk for Justice Warren W. Matthews, Jr. of the Alaska Supreme Court. From 2014 to 2016, I was co-chair of the Employment Law Section of the Oregon Trial Lawyers Association ("OTLA").
I occasionally lecture at legal seminars for attorneys, law students, and undergraduates. For example, in September 2021 and again in June 2023, I was an instructor at the Oregon State Bar Employment Law Bootcamp on "Employment Agreements, Noncompetition, Nonsolicitation, and Trade Secrets."
While practicing in San Francisco, I volunteered as a supervising attorney at the Legal Aid Society of California Worker’s Rights Clinic; and in Missoula, Montana, I was a volunteer attorney with the Montana Legal Services Association Family Law Clinic.
I have also published various articles, essays, and treatise selections on employment law.
Personal Background
I grew up on a small ranch in Eastern Montana. While my father had only three years of formal education and my mother completed only high school, my parents were teachers at heart (several of my siblings became teachers) and encouraged me to pursue my education wherever it lead.
I put myself through college at MSU and the University of Oregon by working as an oil-field roughneck in North Dakota and as an oil exploration seismographer in Wyoming. I've also been employed as a house painter, a landscaper, a bartender, and a property manager. In law school I was a legal research assistant, and I've been a preparation instructor for the Law School Admissions Test ("LSAT").
Since becoming a lawyer, I've been fortunate to practice with many outstanding attorney mentors in Oregon, California, and Montana. I enjoy reading, writing, and sports, as well as hiking, biking and camping with my wife, Kathy, and our Labradoodle Layla (who enjoys playing frisbee, chasing tennis balls and swimming).
1. Selected Cases
LITIGATION
If you are a physician or other healthcare provider in OR, WA, CA, or MT and have questions relating to an employment contract or require a contract review, please use the confidential Contact Form above to reach me. My office telephone number is: (503) 779-5415.
You will find below summaries of my cases, publications, speaking engagements, and articles on physician employment contracts, noncompetition and nonsolicitation agreements, wage and hour law, employment discrimination, sexual harassment, and family medical leave laws. My practice currently focuses on advice and representation for physicians and other licensed healthcare professionals in Oregon, Washington, California and Montana.
In addition to my own cases, I have worked collaboratively as co-counsel or on a contract basis with other attorneys. For example, I have served as second-chair trial attorney in two overtime class action trials in the San Francisco Bay Area, collectively recovering more than $200 million for over 3,000 employees. In 2022, I served as second-chair trial attorney in a wage and hour class action jury trial in federal court in Portland, OR, which which we obtained a judgment of $13 million on behalf of thousands of employees. I also assist with briefing in the appellate courts.
Since receiving a B.A. with Honors in English Literature from Montana State University ("MSU") and a J.D. from Harvard Law, I've been active in the Montana State Bar (1988), the California State Bar (1991), the Oregon State Bar (2011), and the Washington State Bar (2021). In law school, I was a summer law clerk for Justice Warren W. Matthews, Jr. of the Alaska Supreme Court. From 2014 to 2016, I was co-chair of the Employment Law Section of the Oregon Trial Lawyers Association ("OTLA").
I occasionally lecture at legal seminars for attorneys, law students, and undergraduates. For example, in September 2021 and again in June 2023, I was an instructor at the Oregon State Bar Employment Law Bootcamp on "Employment Agreements, Noncompetition, Nonsolicitation, and Trade Secrets."
While practicing in San Francisco, I volunteered as a supervising attorney at the Legal Aid Society of California Worker’s Rights Clinic; and in Missoula, Montana, I was a volunteer attorney with the Montana Legal Services Association Family Law Clinic.
I have also published various articles, essays, and treatise selections on employment law.
I grew up on a small ranch in Eastern Montana. While my father had only three years of formal education and my mother completed only high school, my parents were teachers at heart (several of my siblings became teachers) and encouraged me to pursue my education wherever it lead.
I put myself through college at MSU and the University of Oregon by working as an oil-field roughneck in North Dakota and as an oil exploration seismographer in Wyoming. I've also been employed as a house painter, a landscaper, a bartender, and a property manager. In law school I was a legal research assistant, and I've been a preparation instructor for the Law School Admissions Test ("LSAT").
Since becoming a lawyer, I've been fortunate to practice with many outstanding attorney mentors in Oregon, California, and Montana. I enjoy reading, writing, and sports, as well as hiking, biking and camping with my wife, Kathy, and our Labradoodle Layla (who enjoys playing frisbee, chasing tennis balls and swimming).
Gessele v. Jack in the Box, 2023 U.S.Dist. LEXIS 54892; 2023 WL 2707364 (D.Or. 2022) ($13 million judgment obtained for thousands of employees in wage and hour class action jury trial, with an appeal to the 9th Circuit Court of Appeals expected -- Jim Vogele second chair trial counsel)
Britton v. Brown, 2013 MT 30 (2013) (co-authored appellant’s briefing in Montana Supreme Court and obtained reversal in favor of appellant on constitutional due process grounds)
Bell v. Farmers Insurance Exchange, 115 Cal.App.4th 715 (CA 2004) ($200 million recovered for thousands of employees in overtime class action after nearly 10 years of litigation and jury trial -- Jim Vogele second chair trial counsel)
Breaux v. Agency Rent-A-Car, (N.D.Cal. 1997) ($8 million judgment obtained in U.S. District Court for hundreds of employees in overtime class action -- Jim Vogele second chair trial counsel)
Williams & Woods v. RIACS, (San Mateo County CA 1995) (lead counsel in complex breach of contract case representing two computer programmers employed by RIACS at NASA Ames Center; after successful judicially-mandated arbitration, case settled for confidential amount on first day of trial)
Triunfo v. Philippine Airlines, (N.D. Cal. 1994) (lead counsel in age discrimination litigation in U.S. District Court resulting in confidential settlement and statutory fee award on behalf of plaintiff employee)
Dept. of Rev. of Mont. v. Kurth Ranch, 511 U.S. 767 (1994) (in first year as attorney, handled initial investigation, pleadings, and appearances in U.S. Bankruptcy Court where MT Dangerous Drug Tax Act held unconstitutional on double jeopardy grounds in In re Kurth Ranch v. Dept. of Rev. of Mont., 145 B.R. 61 (1990), affirmed by Ninth Circuit Court of Appeals and U.S. Supreme Court).
Masto v. Uniphase Corporation, (Santa Clara County CA 1994) (successful arbitration and settlement of a whistleblower case)
NEGOTIATIONS AND OTHER SUCCESSFUL RESOLUTIONS
Discrimination and Harassment
Negotiated Resolution - (Portland, OR) (represented job applicant in confidential settlement of race discrimination and Section 1981 claim for six figures)
Negotiated Resolution - (San Francisco, CA) (in several matters, confidential settlements of employee sexual harassment claims well into six figures)
Negotiated Resolution - (Portland, OR) (represented employee victim of race discrimination at housing entity and reached a confidential settlement)
Negotiated Resolution - (Portland, OR) (represented two employees victims of sexual harassment in health care setting and reached a confidential settlement)
Negotiated Resolution - (Portland, OR) (represented two employees victims of sexual harassment at a trucking company and reached a confidential settlement)
Negotiated Resolution - (Portland, OR) (reached a confidential settlement for employee age discrimination victim during EEOC investigation stage)
Negotiated Resolution - (Portland, OR) (represented employee in confidential settlement of a sexual discrimination and implicit gender bias claim on behalf of a salesperson subjected to false stereotypes by her manager who claimed that females are apt to be less devoted employees)
Wage & Hour and Equal Pay
Negotiated Resolution - (Portland, OR) (represented employee in confidential settlement of an Oregon and FLSA overtime claim for six figures)
Negotiated Resolution - (Portland, OR) (obtained statutory waiting time penalties for a physician who was not paid final paycheck in a timely fashion)
Negotiated Resolution - (Portland, OR) (reached a confidential settlement of an equal pay claim for an employee substantially underpaid in comparison to her male counterparts)
Contracts and Restrictive Covenants
Consultations and Advice - (OR, CA, WA, and MT) (provided consultations and legal advice concerning employment contracts and related employment law issues for hundreds of west coast and Montana physicians and other healthcare professionals)
Negotiated Resolution - (Portland, OR) (represented a small business in complex negotiation and confidential settlement of a restrictive covenant matter involving potentially thousands of customers, with parties successfully continuing to do business)
Negotiated Resolution - (Portland, OR) (represented an employee in arbitration proceedings and reached a confidential settlement with substantial compensation for physician on a breach of contract claim for severance due upon termination)
Negotiated Resolution - (Portland, OR) (reached a confidential settlement of a physician's breach of contract claim for salary increases promised but not delivered)
Negotiated Resolution - (Portland, OR) (represented an industrial sales employee due substantial commissions and recovered the amount due in a confidential settlement)
Negotiated Resolution - (Portland, OR) (represented executive an employee defendant in an arbitration proceeding over alleged noncompete agreement breach and obtained resolution of case with payment of no damages and dismissal of claims in confidential settlement)
Negotiated Resolution and Advice - (Portland, OR) (represented many dozens of employees in the voiding, negotiation, and work-around strategies concerning restrictive covenant agreements with their employers)
Family Medical Leave
Negotiated Resolution - (Portland, OR) (represented employee in confidential settlement of FMLA/OFLA interference/discrimination claims for using leave to care for sick parent)
Negotiated Resolution - (Portland, OR) (represented employee in confidential settlement of FMLA/OFLA interference/discrimination claims for using leave to care for sick child)
Negotiated Resolution during LItigation - (Portland, OR) (represented employee in FMLA/OFLA interference/discrimination case in U.S. District Court which resulted in confidential settlement before trial)
Administrative Agency Proceedings
Obtained EEOC Finding of Classwide Sexual Harassment - (Missoula, MT) (represented putative class of female employees and obtained EEOC determination of class-wide sexual harassment at telemarketing firm)
Obtained Dismissal of Agency Proceeding - (Portland, OR) (represented small business and obtained dismissal of gender discrimination claim)
Obtained Dismissal of Agency Proceeding - (Portland, OR) (represented small business and obtained dismissal of whistleblower claim)
2. Publications
Britton v. Brown, 2013 MT 30 (2013) (co-authored appellant’s briefing in Montana Supreme Court and obtained reversal in favor of appellant on constitutional due process grounds)
Bell v. Farmers Insurance Exchange, 115 Cal.App.4th 715 (CA 2004) ($200 million recovered for thousands of employees in overtime class action after nearly 10 years of litigation and jury trial -- Jim Vogele second chair trial counsel)
Breaux v. Agency Rent-A-Car, (N.D.Cal. 1997) ($8 million judgment obtained in U.S. District Court for hundreds of employees in overtime class action -- Jim Vogele second chair trial counsel)
Williams & Woods v. RIACS, (San Mateo County CA 1995) (lead counsel in complex breach of contract case representing two computer programmers employed by RIACS at NASA Ames Center; after successful judicially-mandated arbitration, case settled for confidential amount on first day of trial)
Triunfo v. Philippine Airlines, (N.D. Cal. 1994) (lead counsel in age discrimination litigation in U.S. District Court resulting in confidential settlement and statutory fee award on behalf of plaintiff employee)
Dept. of Rev. of Mont. v. Kurth Ranch, 511 U.S. 767 (1994) (in first year as attorney, handled initial investigation, pleadings, and appearances in U.S. Bankruptcy Court where MT Dangerous Drug Tax Act held unconstitutional on double jeopardy grounds in In re Kurth Ranch v. Dept. of Rev. of Mont., 145 B.R. 61 (1990), affirmed by Ninth Circuit Court of Appeals and U.S. Supreme Court).
Masto v. Uniphase Corporation, (Santa Clara County CA 1994) (successful arbitration and settlement of a whistleblower case)
Negotiated Resolution - (Portland, OR) (represented job applicant in confidential settlement of race discrimination and Section 1981 claim for six figures)
Negotiated Resolution - (San Francisco, CA) (in several matters, confidential settlements of employee sexual harassment claims well into six figures)
Negotiated Resolution - (Portland, OR) (represented employee victim of race discrimination at housing entity and reached a confidential settlement)
Negotiated Resolution - (Portland, OR) (represented two employees victims of sexual harassment in health care setting and reached a confidential settlement)
Negotiated Resolution - (Portland, OR) (represented two employees victims of sexual harassment at a trucking company and reached a confidential settlement)
Negotiated Resolution - (Portland, OR) (reached a confidential settlement for employee age discrimination victim during EEOC investigation stage)
Negotiated Resolution - (Portland, OR) (represented employee in confidential settlement of a sexual discrimination and implicit gender bias claim on behalf of a salesperson subjected to false stereotypes by her manager who claimed that females are apt to be less devoted employees)
Negotiated Resolution - (Portland, OR) (represented employee in confidential settlement of an Oregon and FLSA overtime claim for six figures)
Negotiated Resolution - (Portland, OR) (obtained statutory waiting time penalties for a physician who was not paid final paycheck in a timely fashion)
Negotiated Resolution - (Portland, OR) (reached a confidential settlement of an equal pay claim for an employee substantially underpaid in comparison to her male counterparts)
Consultations and Advice - (OR, CA, WA, and MT) (provided consultations and legal advice concerning employment contracts and related employment law issues for hundreds of west coast and Montana physicians and other healthcare professionals)
Negotiated Resolution - (Portland, OR) (represented a small business in complex negotiation and confidential settlement of a restrictive covenant matter involving potentially thousands of customers, with parties successfully continuing to do business)
Negotiated Resolution - (Portland, OR) (represented an employee in arbitration proceedings and reached a confidential settlement with substantial compensation for physician on a breach of contract claim for severance due upon termination)
Negotiated Resolution - (Portland, OR) (reached a confidential settlement of a physician's breach of contract claim for salary increases promised but not delivered)
Negotiated Resolution - (Portland, OR) (represented an industrial sales employee due substantial commissions and recovered the amount due in a confidential settlement)
Negotiated Resolution - (Portland, OR) (represented executive an employee defendant in an arbitration proceeding over alleged noncompete agreement breach and obtained resolution of case with payment of no damages and dismissal of claims in confidential settlement)
Negotiated Resolution and Advice - (Portland, OR) (represented many dozens of employees in the voiding, negotiation, and work-around strategies concerning restrictive covenant agreements with their employers)
Negotiated Resolution - (Portland, OR) (represented employee in confidential settlement of FMLA/OFLA interference/discrimination claims for using leave to care for sick parent)
Negotiated Resolution - (Portland, OR) (represented employee in confidential settlement of FMLA/OFLA interference/discrimination claims for using leave to care for sick child)
Negotiated Resolution during LItigation - (Portland, OR) (represented employee in FMLA/OFLA interference/discrimination case in U.S. District Court which resulted in confidential settlement before trial)
Obtained EEOC Finding of Classwide Sexual Harassment - (Missoula, MT) (represented putative class of female employees and obtained EEOC determination of class-wide sexual harassment at telemarketing firm)
Obtained Dismissal of Agency Proceeding - (Portland, OR) (represented small business and obtained dismissal of gender discrimination claim)
Obtained Dismissal of Agency Proceeding - (Portland, OR) (represented small business and obtained dismissal of whistleblower claim)
“Preliminary Injunctive Relief: When Damages Are Not Enough,” Trial Lawyer (Oregon Trial Lawyers Association), Fall 2017
“The Continuing Bar Exam,” Trial Lawyer (Oregon Trial Lawyers Association), Summer 2017
“When Things Go Wrong,” Trial Lawyer (Oregon Trial Lawyers Association), Winter 2015
“Contract Lawyers: Independent Contractors or Employees,” Co-Author with Lisa Brown, In Brief (Oregon State Bar), 2012
“Others Evidence,” Co-Author with Deborah England, Feature Article, California Employment Law Reporter, 2003
“Compensation,” Treatise Chapter 11 (Wage & Hour law), Co-Author, Rutter California Practice Guide, 2001
“Dickens and the Law,” Harvard Law Record, 1987
Book Review, "Snow Falling on Cedars," Montana Lawyer, 1998
Book Review, Co-Author with Jennifer Moore, Harvard Women’s Law Journal, Vol. 11, 1988
3. Recent Speaking Engagements
“The Continuing Bar Exam,” Trial Lawyer (Oregon Trial Lawyers Association), Summer 2017
“When Things Go Wrong,” Trial Lawyer (Oregon Trial Lawyers Association), Winter 2015
“Contract Lawyers: Independent Contractors or Employees,” Co-Author with Lisa Brown, In Brief (Oregon State Bar), 2012
“Others Evidence,” Co-Author with Deborah England, Feature Article, California Employment Law Reporter, 2003
“Compensation,” Treatise Chapter 11 (Wage & Hour law), Co-Author, Rutter California Practice Guide, 2001
“Dickens and the Law,” Harvard Law Record, 1987
Book Review, "Snow Falling on Cedars," Montana Lawyer, 1998
Book Review, Co-Author with Jennifer Moore, Harvard Women’s Law Journal, Vol. 11, 1988
"Employment Agreements, Noncompetition, Nonsolicitation and Trade Secrets," Oregon State Bar, Labor and Employment Section Bootcamp CLE, September 30, 2021, co-presenter with Laura Salerno Owens, Markowitz, Herbold PC
"Non-Competition, Non-Solicitation and Severance Agreements," Oregon State Bar, Labor and Employment Section Bootcamp CLE, June 13, 2019, co-presenter with Laura Salerno Owens, Markowitz Herbold PC
"Employment Settlement Agreements -- Catch and Release," Oregon Trial Lawyers Association CLE, Portland, OR, March 5, 2018
“Lessons Learned from Recent Disability Discrimination Trials,” Oregon Trial Lawyers Association CLE, Portland, OR, 2016 – co-panelist
“Wage & Hour Claims: Sometimes Simple, Sometimes Not,” Oregon Trial Lawyers Association CLE, Portland, OR, 2014
“Sexual and Racial Harassment,” Employment Law Beyond the Basics CLE, Portland, OR, 2014
“Evidence – Rule 404 and ‘Other Acts’,” Oregon Trial Lawyers Association CLE, Employment Law Section, Portland, Oregon, 2013
“Sexual, Racial and Other Harassment in the Workplace,” Fundamentals of Employment Law CLE, Portland, OR, 2013
“Contract Lawyering – Getting Paid,” Oregon Women Lawyers CLE, Portland, OR, 2013
“Montana Employment Law Update” CLE, Missoula, MT, 2011
“Montana Employment Law Update” CLE, Missoula, MT, 2010
"Non-Competition, Non-Solicitation and Severance Agreements," Oregon State Bar, Labor and Employment Section Bootcamp CLE, June 13, 2019, co-presenter with Laura Salerno Owens, Markowitz Herbold PC
"Employment Settlement Agreements -- Catch and Release," Oregon Trial Lawyers Association CLE, Portland, OR, March 5, 2018
“Lessons Learned from Recent Disability Discrimination Trials,” Oregon Trial Lawyers Association CLE, Portland, OR, 2016 – co-panelist
“Wage & Hour Claims: Sometimes Simple, Sometimes Not,” Oregon Trial Lawyers Association CLE, Portland, OR, 2014
“Sexual and Racial Harassment,” Employment Law Beyond the Basics CLE, Portland, OR, 2014
“Evidence – Rule 404 and ‘Other Acts’,” Oregon Trial Lawyers Association CLE, Employment Law Section, Portland, Oregon, 2013
“Sexual, Racial and Other Harassment in the Workplace,” Fundamentals of Employment Law CLE, Portland, OR, 2013
“Contract Lawyering – Getting Paid,” Oregon Women Lawyers CLE, Portland, OR, 2013
“Montana Employment Law Update” CLE, Missoula, MT, 2011
“Montana Employment Law Update” CLE, Missoula, MT, 2010