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Bethany A. Bacci Partner

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Bethany A. Bacci Partner BETHANY A. BACCI PARTNER Bethany counsels public and private employers on employee benefit program compliance and design. This includes qualified and nonqualified retirement plans, health and welfare programs, fringe benefit programs, and executive compensation arrangements. In an evolving regulatory environment, Bethany partners with clients to stay on top of legal developments and current industry trends, such as pension derisking and self-funding health benefits. She represents plan sponsors in devising, negotiating, and implementing changes to employee benefit programs to address tax qualification issues, align plan design with business objectives, and mitigate risk through use of Portland the IRS and Department of Labor correction procedures. Bethany has 503.294.9837 extensive experience assisting clients in corporate transactions with [email protected] identifying potential liabilities, analyzing opportunities for synergy and creating employee communication strategies. She regularly handles Education plan spinoffs and mergers. Northwestern School of Law When not focusing on her benefits practice, Bethany serves as a of Lewis & Clark College, member of Stoel Rives’ Pro Bono Committee and represents pro bono J.D., cum laude; Notes & clients on a variety of issues through the Stoel Rives night clinic run in Comments editor, The partnership with Multnomah County Legal Aid. She previously won the Journal of Small and firm’s pro bono award in recognition of her service. Emerging Business Law; Articles editor, The Journal of Small and Emerging Honors and Activities Business Law Professional Honors & Activities Stanford University, B.A., art Included in The Best Lawyers in America© (currently: Employee history Benefits (ERISA) Law), 2013-2019 SM Listed among Rising Stars (Employee Benefits-ERISA), Oregon Admissions ® Super Lawyers , 2009-2011 Oregon Board of Directors, president, 2012-2013; other board positions, 2007-2012 and 2013-2015; Western Pension and Benefits Council, Portland Chapter Member, Oregon Health Dialogue Planning Committee, 2014 Member, Tax Section and Health Care Law Section, American Bar Association Civic Activities Board of Directors, Oregon Lawyers Against Hunger, 2005- present; President, 2009-2012 Board of Directors, Northwest Catholic Counseling Center, 2015- present; Secretary, 2017-present Board of Directors, Parkwood Foundation, 2017-present Insights and Presentations “Safe at Sea: Employee Benefits and Wellness Plans,” SHRM/Stoel Rives 16th Annual Labor and Employment Law Conference, Feb. 2018 “Employee Benefits Law Update,” SHRM/Stoel Rives 15th Annual Labor and Employment Law Conference, March 2017 “Understanding Your Health Plan Reporting Requirements,” Technology Association of Oregon Webinar, Sept. 2016 “Privacy in the Workplace; Handling Employee Medical Information and Personal Data,” Stoel Rives Seminar, April 2016 “Employee Benefits Law Update,” SHRM/Stoel Rives 14th Annual Labor and Employment Law Conference, March 2016 “2015 Year In Review, 2016 Cases to Watch,” International Society of Certified Employee Benefit Specialists Pacific Northwest Chapter Program, Feb. 2016 “The Affordable Care Act: Employer Update,” OSB Health Law, Nov. 2015 “Health Care Reform Q&A,” WP&BC Health and Welfare Seminar, Nov. 2015 Presenter, Regence Employer Health Summit, Sept. 2015, 2014 “Health Care Reform: Version 2.0,” Stoel Rives Seminar, May 2014 “Health Care Reform Forum,” North Clackamas Chamber of Commerce, Sept. 2013 “Health Care Reform for Employers: Now What?,” Lorman Education Services, Aug. 2013 “GAME CHANGE 2014: Are You and Your Employees Ready?,” Stoel Rives LLP, May 2013 “Updated Health Care Reform Guidance, Including Play or Pay: How to Prepare Your Business,” Oregon Petroleum Association, March 2013 Panelist, “ACA & Employers: What They Need To Know,” State of Reform Oregon Health Policy Conference, Dec. 2012 BRENDA K. BAUMGART PARTNER Brenda Baumgart devotes her practice to assisting companies of all sizes navigate the complexities of employment and labor laws. She partners with clients to provide day-to-day advice and compliance counseling, assisting them with finding practical solutions while minimizing litigation risk. Her litigation and trial work includes defending employers in federal and state courts in all areas of employment law (including single plaintiff cases and class/collective actions), handling appeals exclusively on matters of labor and employment law before appellate courts, including the Oregon Court of Portland Appeals, the Oregon Supreme Court, the Ninth Circuit, the Eighth 503.294.9413 Circuit, and the Fifth Circuit, and administrative proceedings before [email protected] various governmental agencies. Ms. Baumgart also has a strong traditional labor practice and represents clients in labor arbitrations and matters before the National Labor Relations Board (NLRB). She Education conducts internal workplace investigations for private and public sector clients. Ms. Baumgart is a frequent speaker in the community and Willamette University College provides on-site client training on numerous topics including workplace of Law, J.D.; Dean's List; harassment and discrimination, the intricacies of family medical leave Moot Court Board; Editor, laws, disability law, wage and hour compliance, and drug and alcohol Willamette Law Review; issues. Although Ms. Baumgart supports clients across numerous Winner, Labor and industry sectors, she has extensive experience representing health Employment Law Moot Court care clients. Appellate Competition Willamette University, B.A., Political Science and Experience Sociology Trial and Appellate Experience Ronald H. Kramer v. Mary Cullinan and Southern Oregon Admissions University et al. – Successfully achieved reversal of the district Oregon court’s previous denial of qualified immunity to former SOU President before the Ninth Circuit Court of Appeals. U.S. District Court for the District of Oregon Timothy James Mayo v. PCC Structurals, Inc. – Prevailed on behalf of PCC Structurals in a case of first impression before the U.S. Court of Appeals for the Ninth Circuit Court of Appeals regarding whether an employer can Ninth Circuit terminate an employee for making threats of violence in the U.S. Court of Appeals for the workplace, even if the threats are disability-related. Fifth Circuit Nydigger v. Portland General Electric (PGE) – Defense verdict in U.S. Court of Appeals for the two-week jury trial in which plaintiff claimed retaliation Eighth Circuit (whistleblower). U.S. Supreme Court Brian Crane v. Lithia Motors, Inc. et al. – Following the district court’s dismissal of plaintiff’s Sarbanes-Oxley and Dodd Frank Act whistleblower retaliation claims, successfully achieved affirmance of the dismissal for Lithia before the Fifth Circuit Court of Appeals. Lenker v. The Racquet Club, et al. – Unanimous defense verdict in two-week jury trial in which plaintiff (former head tennis professional) asserted claims for breach of contract, breach of good faith and fair dealing, and defamation. Campbell v. McMenamins, Inc. – Successfully represented employer before the Oregon Court of Appeals, which upheld the trial court’s grant of summary judgment on plaintiff’s claims of wrongful discharge. Opsahl v. Pacific Maritime Association, et al. – Successfully obtained summary judgment on plaintiff’s claims of age and disability discrimination, and represented defendant before the Ninth Circuit, which affirmed the district court’s decision. Successful Arbitrations – Confidential Parties Following a week-long arbitration, secured a complete defense award for a multinational biomedical company in a case involving claims of age and gender discrimination by a former sales representative seeking a multi-million damages award. Prevailed in discharge and contract disputes for a large health care system, including cases involving discharge of RN for violation of patient privacy and confidentiality policies, pay rate classifications, and RN scheduling. Prevailed in a discharge arbitration for large hospital involving a long-term registered nurse who was discharged for patient abuse. 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, non-profit health organization was for just cause. Paper mill’s discharge of a 30-year employee for insubordination and violation of mill rules upheld. Successfully represented timberlands employer in contract dispute involving dispatching of log truck drivers where union was represented by its international office. Employer’s decision not to promote employee with DUI history to a truck driver position upheld by arbitrator. Honors and Activities Professional Honors and Activities Included in The Best Lawyers in America© (currently: Employment Law-Management, Litigation-Labor & Employment), 2013-2019 Selected as one of “America’s Leading Lawyers for Business” (Oregon) by Chambers USA (currently: Labor & Employment), 2014-2018 Listed in Oregon Super Lawyers® (Employment Litigation: Defense), 2013-2018 Listed among Rising Stars (Employment Litigation), Oregon Super Lawyers®, 2009-2012 Member, Oregon State Bar Past Chair, Vice-Chair, Secretary and Committee Member, Labor and Employment Executive Committee, Oregon State Bar Member, Multnomah Bar Association Past Chair, Vice-Chair, and Publications Liaison, Employment Practice Group and Current Member, Oregon
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