
John A. Berg litigates employment disputes. For two decades, John has defended discrimination, retaliation and harassment allegations, unfair competition and contract disputes, claims for unpaid wages and commissions, wage and hour class and collective actions, and traditional labor matters.
After learning to litigate from some of Chicago’s most prominent labor and employment practitioners, John moved his practice to Portland, Oregon. Since 2011, John has brought his unique blend of grit and sophistication to bear in the courtrooms of Oregon, Washington, and beyond. Aggressive if necessary, measured where appropriate, and always diligent and prepared, John has amassed an impressive record of success defending employers. He has won summary judgment repeatedly, prevailed in front of juries, obtained full defense awards in arbitration, successfully litigated temporary restraining orders and preliminary injunctions, and has won on appeal where necessary.
Among his jury trial experiences, John defeated the Equal Employment Opportunity Commission in a religious accommodation case in the U. S. District Court, Western District of Michigan. In a recent arbitration, John delivered total vindication to his client in a multi-million dollar contract dispute.
John’s current traditional labor practice focuses on labor arbitrations and unfair labor practice charges before the National Labor Relations Board, with a background in defending employers in lawsuits concerning unlawful picketing and breach of bargaining agreements.
When John advises and counsels employers, it is often in anticipation of near-certain litigation or combined with the development of facts as litigation proceeds. Typical issues in John’s advice practice include non-competition agreements and other restrictive covenants, trade secret misappropriation, and employee leaves and accommodations. Whatever the issue, his approach tends to be creative, strategic, and carefully tailored to meet the client’s objectives.
Selected Matters
Employment
- Hutchison v. McFarland Cascade Pole & Lumber Co., 2016 U.S. Dist. LEXIS 79754 (D. Or., June 20, 2016)
- Hinex v. Durham School Services, et al., 2013 U.S. Dist. LEXIS 107919 (C.D. Cal., July 29, 2013)
- DesAutel v. Tetra Tech EC, Inc., 2012 U.S. Dist. LEXIS 11032 (E.D. Wa. 2012)
- DesAutel v. Tetra Tech EC, Inc., 2013 U.S. App. LEXIS 24648 (9th Cir. 2013)
- Reese v. Robert Bosch Corp., 2006 U.S. Dist. LEXIS 57159 (W.D. Mich. 2006)
- Becker v. Am. Food & Vending, Inc., 2006 U.S. Dist. LEXIS 28266 (E.D. Mo. 2006)
- EEOC v. Robert Bosch Corp., 169 Fed. Appx. 942 (6th Cir. 2006)
- Moore v. Dept. of Veterans Affairs, 2002 U.S. Dist. LEXIS 23772 (N.D. Ill. 2002)
Unfair Competition
- Currin v. Presidio Network Solutions, No. 3:16-cv-02177-BR (D. Or., Mar. 7, 2018)
- Jones v. All Star Staffing, No.16CV41870 (Wash. Cty. Or., Feb. 1, 2017)
- LKQ Corporation v. Thrasher, 2011 U.S. Dist. LEXIS 54852 (N.D. Ill. 2011)
- Londoff v. Walnut Street Sec., Inc., 209 S.W.3d 3 (Mo. App. E.D. 2006)
Wage and Hour
- Kiley, et al., v. MedFirst Healthcare Staffing, 2018 U.S. Dist. LEXIS 29 (N.D. Ala., Feb. 23, 2018)
- Berger, et al. v. DIRECTV, 2015 U.S. Dist. LEXIS 128749 (D. Or., Aug. 21, 2015)
- Londoff v. Walnut Street Sec., Inc., 209 S.W.3d 3 (Mo. App. E.D. 2006)
Traditional Labor
- McCaslin v. Int’l Bhd. of Teamsters, Local 135, et al., 2005 U.S. Dist. LEXIS 11405 (S.D. Ind. 2005)
- Engineering Consulting Serv., Ltd. v. Int’l Bhd. of Operating Engineers, Local 150, 2003 U.S. Dist. LEXIS 19348 (N.D. Ill. 2003)