Elizabeth A. Falcone

Shareholder Portland

Elizabeth Falcone is a Shareholder with Ogletree, Deakins, Nash, Smoak & Stewart, P.C.  Ms. Falcone represents private and public employers in all aspects of employment law, including wage/hour matters, wrongful termination, discrimination, and harassment litigation.  She has experience defending class action cases, as well as single and multi-plaintiff cases.  She has tried cases for employers in state and federal courts.  She also has experience in traditional labor law, including handling grievance arbitrations and collective bargaining, as well as advising employers with unionized workforces.

Based on the breadth of her experience and her achievements, in April 2016, Law360 selected Ms. Falcone from among over 1,000 nominees as one of the top lawyers in the United States under the age of 40.  She was one of just 7 lawyers selected in the Employment law practice area. 

Ms. Falcone has significant experience representing clients faced with putative class actions.  She has litigated class action claims in many different industries, including retail, financial services, and the construction trades.  She has experience leading class actions, and managing every step of the process, from pre-certification discovery involving voluminous data and documents, to settlement.  Her experience includes defending against claims of misclassification for purposes of exempt status, missed meal and rest periods, adequacy of paystubs, and other wage-related claims.  In one highly-publicized class action involving tens of thousands of employees, Ms. Falcone deposed several named plaintiffs, coordinated large scale preservation of documents and discovery, and prepared class certification opposition and supporting papers.  She also has devised and executed large-scale discovery and declaration projects to marshal evidence for use in opposing class certification and for beating class matters on the merits.

In addition to her class action work, Ms. Falcone has represented employers at trial in various courts in California and Oregon, and in private arbitration.  In addition to courtroom work, she has appeared before the United States Department of Labor, the United States Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the California Division of Labor Standards Enforcement, and the Oregon Bureau of Labor & Industries.  She also has experience litigating against government agencies, including the EEOC and BOLI.  Ms. Falcone has broad expertise in the area of disparate treatment, harassment, retaliation, wrongful termination, and other issues commonly raised by individual employee litigants.  She provides day-to-day advice to clients on issues including wage and hour matters, leaves of absence, accommodation of disabilities, and risk management when making disciplinary decisions.  Ms. Falcone has represented both public and private employers in grievance arbitrations, as well as at the bargaining table.  She regularly speaks on issues including basic employment law, reasonable accommodations, wage/hour considerations, the law of harassment and workplace investigations.

Ms. Falcone is a member of the State Bars of California and Oregon, and actively practices in both jurisdictions.  She received her B.A., cum laude, in English with Departmental Honors from Northwestern University in 1998.  Ms. Falcone received her J.D. from New York University School of Law in 2001.  At NYU, she was a McKay Scholar, an editor of the Moot Court Board, and was named to the Order of Barristers upon graduation.  Prior to joining Ogletree Deakins’ Portland, Oregon office, Ms. Falcone was employed for nearly ten years in the Employment Law Department of the Los Angeles office of Paul, Hastings, Janofsky & Walker, LLP.  She has received awards including the Super Lawyer – Rising Star designation and listing in the Best Lawyers in America


Experience

Some specific details of Ms. Falcone’s experience include:

  • First chair in arbitration alleging failure to reasonably accommodate under the ADA; complete win for manufacturing employer in April 2017.
  • Briefed, argued, and won favorable appellate decision in October 2016, before Oregon Court of Appeals on behalf of nationwide fitness chain; issues on appeal included orders compelling arbitration and subsequently dismissing lawsuit for failure to prosecute.
  • Prevailed on five summary judgment motions in discrimination, harassment, and/or retaliation cases for five different employers in financial services, automotive, construction, and email archiving industries, over the course of 2016.
  • Lead counsel in class action in California alleging multitude of violations of California Labor Code; achieved early resolution in January 2016.
  • Lead counsel in defense of Commissioner’s Charge alleging race discrimination and harassment.
  • First chair in a jury trial in Lane County, Oregon, alleging wrongful termination; complete defense verdict returned in less than two hours;
  • Complete defense verdict in a three-week jury trial involving alleged failure to accommodate a mental disability and failure to engage in the interactive process;
  • Favorable appellate decisions before California and Oregon courts;
  • Litigation of cases brought by government agencies, including the Equal Employment Opportunity Commission, the Department of Labor; the California Department of Fair Employment & Housing and the Oregon Bureau of Labor & Industries;
  • Favorable arbitral decisions upholding employee discipline and upholding the employer’s challenged disciplinary policies.

Professional Activities and Speeches

Professional Activities:

  • State Bar of California
  • State Bar of Oregon
  • American Bar Association (Labor and Employment Law Section)
  • Board Member of the Oregon Lawyers Against Hunger

Speeches:

  • Women Influence & Power in Law Conference (Moderator) - ''Running Your Law Department Like a Business Unit'' - Washington D.C. - September 2016
  • International Society of Certified Employee Benefits Specialists - ''EEOC’s New Guidance on Wellness Programs and Current Issues in Leave Management'' - Portland - September 2016
  • NWUCA - ''Oregon’s New Paid Sick-Time Law'' - Portland - February 2016
  • Oregon Bureau of Labor & Industries Annual Seminar - ''Recent Developments in Reasonable Accommodations'' - Portland - December 2015
  • Women, Influence & Power in the Law - ''Cost Saving Trends for Dispute Resolution'' - Washington, D.C. - October 2015
  • Ogletree Deakins Workplace Strategies Seminar - ''Top 10 Plaintiffs' Attorney Tactics'' - San Antonio - May 2015
  • Oregon Bureau of Labor & Industries Annual Seminar - ''White Collar Exemptions'' - Portland - December 2013
  • Oregon Chapter of the Association of Corporate Counsel - ''Executive Errors: Helping Companies Avoid Self-Inflicted Wounds'' - Portland - November 2013
  • National Business Institute - ''Hiring/Recruiting'' - Portland - November 2013
  • National Business Institute - ''Workplace Behavior & Privacy Issues'' - Portland - November 2013
  • Oregon Bureau of Labor & Industries 27th Annual Employment Law Conference - ''When Policies Attack'' - Portland - December 2011

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