Damien T. Munsinger

Headshot_DM_1Damien Munsinger has represented and advised individuals, universities, small and large companies, and public entities on a wide range of issues including employment discrimination, wrongful termination, disability, and Title IX compliance, adjudication, and litigation.

As the former founder of a successful branding and communications firm, Damien brings a particular understanding of concerns common to all clients into his legal practice. An accomplished litigator who thrives in the courtroom, Damien’s experience provides the building blocks to communicate his clients’ arguments in a strong, clear and concise manner. Inside and outside the courtroom, Damien excels in providing strategic, efficient, and effective advocacy.

DM_AvvoBefore joining Klein Munsinger LLC, Damien was an attorney at Barran Liebman LLP, and also represented the State of Oregon as an Honors Attorney at the Oregon Department of Justice, litigating dozens of cases in state and federal court. Damien also served as Special Assistant to Oregon’s Attorney General, where he specialized in outreach and coordination with business leaders, elected officials, media outlets, and citizens from Oregon and across the country. Damien earned his J.D. from Lewis & Clark Law School and his B.F.A. from New York University.

Damien regularly provides trainings and talks on a wide range of employment-related topics, and has taught at Lewis & Clark’s Graduate School of Education and Counseling in Portland and at Willamette University’s College of Law in Salem.

REPRESENTATIVE MATTERS

  • Tried a race discrimination claim in state court.
  • Tried a government class-action wage and hour claim in federal court.
  • Prevailed at oral argument in civil rights case with constitutional claims before Ninth Circuit Court of Appeals.
  • Successfully mediated numerous joint employment, wrongful termination, and discrimination claims.
  • Resolved misappropriation of trade secrets, violation of non-competition agreements, discrimination, and other claims through successful negotiation of favorable settlements.

PROFESSIONAL EXPERIENCE AND AFFILIATIONS

  • Northwest Association of Title IX Administrators: Member (2016-present)
  • Oregon Women Lawyers: Queen’s Bench Special Events Subcommittee, Member (2014-present)
  • Oregon Asian Pacific American Bar Association: Member (2014-present)
  • Oregon State Bar: Civil Rights Section Executive Committee, Member (2015-2016); Legal Heritage Committee, Member; Labor and Employment Section, Member; Litigation Section, Member; Sustainable Futures Section, Member (2013-present)
  • Federal Bar Association: Member (2013-present)
  • American Bar Association: Member (2013-present)
  • Oregon State Bar House of Delegates: Delegate for Region 5 (2014-2017)
  • The City Club of Portland: Friday Forum Committee, Member (2014-2016)
  • Multnomah Bar Association: Member; Equality and Diversity Committee LSAT Scholarship Subcommittee, Member (2014-2015)

HONORS

  • Oregon Super Lawyers Magazine: Rising Star (2014-present)
  • SAFE of Columbia County: Service Award (2017)
  • Attorney General’s Sexual Assault Task Force: Title IX Campus Investigation and Adjudication Training Program Graduate (2015)
  • Business for Culture and the Arts, Art of Leadership Program: Graduate (2015)
  • Oregon Department of Justice: Excellence in Justice Award (2011)
  • American Bar Association: National Trial Advocacy Competition “Perfect Round” Award (2011)
  • Lewis and Clark Appellate Advocacy Moot Court Competition: “Best Oral Advocate” Award (2011)

REPRESENTATIVE PRESENTATIONS

  • Barran Liebman Breakfast Seminar: “A Shark-Filled Moat: Restrictive Covenants Done Right,” Presenter (5/2/2017)
  • Oregon Science Startup Forum: “Legal Issues Panel,” Panelist (4/22/17)
  • Clackamas Community College Lecture: “Employment Law Essentials & Legal Update,” Presenter (4/19/17)
  • North Clackamas Chamber Women in Leadership and Management Academy: “Employment Law Essentials,” Presenter (2/16/17)
  • Vision Action Network December Info Session: “New Federal Overtime Rules,” Presenter (12/14/16)
  • 2016 Oregon Public Employer Labor Relations Association (ORPELRA) Annual Conference: “Cognitive and Implicit Bias,” Presenter (11/4/16)
  • Associate of Corporate Counsel CLE: “Drafting, Enforcing and Defending Restrictive Covenants,” Presenter (10/12/16)
  • Barran Liebman Annual Seminar: “Overtime in Overdrive: “New Regulations Geared to Impact Millions of Workers,” Presenter (10/6/16)
  • Oregon County Counsel Association Summer Conference 2016: “Cognitive and Implicit Bias in Decision Making,” Presenter (7/20/16)
  • Portland Metro Payroll Association Meeting: “Legislative Update,” Presenter (5/18/16)
  • American Chemistry Society Oregon Science Startup Forum: “Employment Law Pitfalls and How to Avoid Them,” Presenter (4/16/16)
  • Private Client Training: “Employment Law Essentials,” Presenter (11/19/15)
  • Oregon Department of Consumer & Business Services 2015 Workers’ Compensation Educational Conference: “Untangling the Legal Web of Workers’ Comp Leave, FMLA,OFLA, and the ADA,” Presenter (11/6/15)
  • Oregon Employer Council Clackamas County: “Employment Law Essentials & 2015 Legal Update,” Presenter (11/3/15)
  • Barran Liebman LLP Annual Seminar: “Adding Superheroes to Your Squad: A Hiring Update,” Presenter (9/24/15)
  • Oregon County Counsel Association Summer Conference: “Technology and Employment in the Public Sector,” Presenter (7/23/15)
  • National Electrical Contractors Association Oregon Chapter: “Technology in the Workplace,” Presenter (3/25/15)
  • Barran Liebman Food for Thought Breakfast Seminar: “Ready to Upgrade? Technological Advances Affecting Employment Law,” Presenter (3/3/15)
  • National Business Institute: Employment Law 2014 Comprehensive Guide: “Understanding Legislative Changes: A Brief Overview,” Presenter (12/10/14)
  • National Business Institute: Employment Law 2014 Comprehensive Guide: “Drafting Must-Have Policies for Today’s Handbooks,” Presenter (12/10/14)
  • Oregon County Counsel Association Summer Conference: “Privilege and Representation Issues for Government Attorneys,” Presenter (7/24/14)

REPRESENTATIVE PUBLICATIONS

  • “Breaking News: Department of Labor Withdraws Guidance,” Barran Liebman Electronic Alert, June 7, 2017
  • “Civil Rights Legislation Introduced in Oregon’s 2017 Session,” Oregon State Bar Civil Rights Newsletter, April 2017
  • “Overtime Rule Put on Hold: What’s Next?,” HR.com, November 24, 2016
  • “Breaking News: Judge Blocks New Overtime Rule,” Barran Liebman Electronic Alert, November 22, 2016
  • “When Not to Trust Your Gut: Cognitive Bias in Legal Decision-Making,” Law Practice Today, September 14, 2016
  • “Enforcement Actions Highlight ADA Risk in Lawful Policies,” Cascade Business News, August 17, 2016
  • “Race-Conscious Admissions Program Wins Supreme Court Approval,” Barran Liebman Electronic Alert, June, 24, 2016
  • “New Overtime Rules: Special Provisions for Employers in Higher Education,” Barran Liebman Electronic Alert, May 18, 2016
  • “BOLI Proposes Rules for Oregon’s Tiered Minimum Wage System,” Barran Liebman Electronic Alert, April 25, 2016
  • “Oregon’s Unique Approach to the Minimum Wage,” The Daily Journal of Commerce, March 25, 2016
  • “For Joint Employers, Shared Employees May Mean Shared Liability,” The Human Resources Social Network, February 5, 2016
  • “For Joint Employers, Shared Employees May Mean Shared Liability,” Barran Liebman Electronic Alert, January 21, 2016
  • “2016 Promises Big Changes to Rules for Salaried Employees,” Cascade Business News, December 16, 2015
  • “May Your Holiday Parties Be Merry, Bright, and Litigation Free,” Barran Liebman Electronic Alert, December 8, 2015
  • “Affirmative Action Compliance? Check.,” Barran Liebman Electronic Alert, August 12, 2015; Reprinted in Legal & Compliance Excellence Essentials, September, 2015
  • “BOLI Updates OFLA Rules: Twenty Oregon Family Leave Act Regulations Amended, Repealed,” Barran Liebman Electronic Alert, June 26, 2015
  • “Bring Your Own Device: An Unstoppable Force,” Cascade Business News, March 18, 2015
  • “Young v. UPS: A Divided Supreme Court Addresses Pregnancy Accommodation,” Barran Liebman Electronic Alert, March 25, 2015
  • “Employment Law Overview,” Clark College, February 2, 2015
  • “Are Stable Schedules the Next Wave of Employee Protections?,” Barran Liebman Electronic Alert, November 26, 2014; Reprinted in Legal & Compliance Excellence Essentials, December 2014
  • “Workplace Safety: Governor Brown Signs Sick Leave, Anti-Bullying and Interns’ Rights Bills,” Legal & Compliance Excellence Essentials, October 2014
  • “How Acting Informs the Practice of Law,” ABA Law Practice Today, September 2014
  • “Gov. Brown Signs Sick Leave, Anti-Bullying, and Interns’ Rights Bills,” Barran Liebman Electronic Alert, September 15, 2014
  • “Employee Compensation: DOL Proposes Equal Pay Report,” Legal & Compliance Excellence Essentials, September 2014
  • “DOL Proposes Equal Pay Report Requirement for Contractors,” Barran Liebman Electronic Alert, August 8, 2014
  • “Employee Discrimination On The Basis of Sexual Orientation and Gender Identity,” Legal & Compliance Excellence Essentials, August 2014
  • “Executive Order Extends Ban on Sexual Orientation or Gender Identity Discrimination,” Barran Liebman Electronic Alert, July 22, 2014
  • “Same-Sex Couples Can Marry in Oregon,” Oregon State Bar Civil Rights Newsletter, June 2014
  • “Does the NLRB ‘Like’ Your Social Media Policy?,” Barran Liebman Electronic Alert, June 5, 2014; Republished by Lexology, June 6, 2014
  • “New Unified Form for FMLA and OFLA Medical Certifications,” Barran Liebman Electronic Alert, April 29, 2014
  • “Sixth Circuit Says Technology Improvements Increase the Number of Jobs for Which Telecommuting May Be a Reasonable Accommodation under the ADA,” Barran Liebman Electronic Alert, April 25, 2014
  • “Fit for Duty? Questioning an Employee’s Readiness to Return from FMLA Leave,” Barran Liebman Electronic Alert, April 17, 2014
  • “Background Checks – Just When You Thought You Knew the Rules,” Barran Liebman Electronic Alert, March 20, 2014; Reprinted by Lexology, March 20, 2014
  • Oregon State Bar Oregon Business Lawyer Newsletter, Editor, 2010