Randall Sutton is an experienced litigator who focuses his practice on business and employment litigation matters. Randall also advises employers regarding employment law compliance. With over 20 years of law practice, Randall is highly regarded for his skills as a litigator and is a frequent public speaker on employment law compliance issues.
- Rated AV Preeminent by his peers in the Martindale-Hubbell directory
- Listed in Best Lawyers in America for the practice area of Employment Law – Management
- Listed in Oregon Super Lawyers
- Recognized by Chambers USA as a Leader in the field of Employment Law
The key areas in which Randall focuses his practice are:
Randall represents business clients in varied and complex litigation matters. His clients have included large manufacturers, call centers, healthcare facilities, hospitals, farms, nonprofit organizations, real estate developers, professional service providers, franchisees, artists, retailers, wineries, financial institutions and many others. Randall has successfully litigated a wide variety of claims, including breach of contract, UCC remedies, shareholder disputes, minority shareholder oppression, intellectual property rights, employment discrimination, timber trespass, adverse possession, ERISA, corporate raiding, collections, breach of fiduciary duty of loyalty and many others.
EMPLOYMENT ADVICE AND DEFENSE OF EMPLOYERS
- Successfully litigating claims on behalf of a regional fuel retailer against a major oil company to preserve branding rights and protect competitive advantage
- Obtaining preliminary and permanent injunctive relief on behalf of a real estate developer against neighbors seeking to stop construction of an apartment complex
- Preserving the stock option rights of an executive in a publicly traded company
- Recovering damages for breach of fiduciary duty of loyalty and oppression in an LLC member dispute
Randall advises management with difficult employee relations issues and helps employers stay complaint with state and federal employment laws. Randall advises employers regarding effective employment policies and prepares employment and noncompetition agreements. Randall defends employers in state and federal litigation brought by current and former employees. He has handled a wide variety of harassment, discrimination and retaliation cases alleging violations of age, sex, disability, race, family leave, national origin, and other laws. He also defends employers against wage & hour, breach of contract, overtime, harassment, wrongful discharge, workers’ compensation retaliation, romantic relationship and other employment-related claims. Randall has particular expertise in leave and disability laws under FMLA, OFLA, and the ADA. Randall frequently works with Employment Practices Liability (EPLI) insurance carriers to provide a strong defense under the terms of the EPLI policy.
NONCOMPETITION / TRADE SECRETS / DUTY OF LOYALTY LITIGATION
Randall has considerable experience enforcing noncompetition agreements and obtaining injunctions against former employees who have sought to sabotage and step into the shoes of their former employer. These are often high-stakes “Save the Company” cases, where unfair competition by the former employees threatens survival of the business. Randall has obtained TROs and preliminary injunctions to provide emergency relief and ongoing protection. These efforts have helped his clients’ businesses survive and thrive. Randall applies this experience as a litigator when drafting enforceable noncompetition and non-piracy agreements, and by advising employers of risks when hiring and terminating key employees.
The Carriage Works v. Ikonic Manufacturing: Key employees of national manufacturer sabotaged and diverted employees and customers. Obtained ex parte order to preserve electronic data through sheriff-assisted data retrieval efforts without prior notice to competitor. Obtained preliminary injunction preventing former employees’ company from doing business with key customers.
Action Truss v. Salem Truss: Key management employees took customer files, diverted customers, and hired away employees. Obtained sheriff-assisted ex parte claim and delivery order for the return of trade secrets necessary to continue client business operations. Obtained preliminary injunction preventing use of trade secrets and imposing customer protections. Secured court-ordered receiver, who was instructed to liquidate the former employees’ newly formed company.
MegAvail v. Market Specific Media: Former key employees sabotaged and sought to step into shoes of former employer. Obtained ex parte court order to preserve electronic data and preliminary injunction preventing former employees from engaging in competitive efforts.
Randall is a frequent author and public speaker on employment legal issues. He began his career as a personnel analyst for the City of San Diego. Randall is admitted to practice law in both Oregon and Washington and assists clients across the Northwest.
Randall has served for many years as the Oregon Legislative Director for the Society for Human Resource Management (“SHRM”), and was the 2012 Director of the SHRM Oregon State Council. Randall also serves on the Associated Oregon Industries (AOI) Employment Practices Steering Committee where he plays a part in helping to shape laws affecting Oregon employers. Randall is the Past President of the Job Growers Incorporated tri-county workforce investment board. For the past three years, he has also supported the Sprague High School Band Boosters as Chair of the Pacific Coast Invitational statewide marching band competition.