Debra L. Fischer 

Debra L. Fischer has had a very good year. She focuses her practice exclusively on defending companies and employees facing litigation from the employees’ previous employers for moving to competitors.

In mid-February this year, Fischer won a complete defense verdict following a six-day jury trial for an insurance producer who changed employers. The plaintiff company sought $7 million plus punitives. The jury only deliberated for two hours. USI Insurance Services, LLC v. Aitkin, 3:21-cv-00267 (D. Or., filed Feb. 8, 2021).

In mid-March, she won another defense jury verdict for several insurance agents and their new employer. The old employer asked for $10 million. That trial also lasted six days, but the jury took less than two hours to reach its verdict. USI Insurance Services National, Inc. v. Ogden, 2:17-cv-01394 (W.D. Wash., filed Sept. 15, 2017).

“I started out my year with a bang,” Fischer said.

That second result was also unusual because the trial judge had previously granted summary judgments declaring that the three insurance producers had each breached aspects of their contracts. Nonetheless, the jury found they hadn’t caused any damages, according to Fischer’s firm.

She said one key to victory in the two trials was the testimony of her clients. “How the clients felt and client choice, I think, was a big factor in both cases,” she said. “I believe it was very persuasive to both juries … that the clients wanted to follow their brokers and move to the new firms.”

Fischer often represents insurance companies and their producers. That field is especially competitive these days, as are several others.

One frequent client is the recruiting and staffing company Jobot, which sometimes is sued when it hires recruiters away from competitors. In fact, she is currently defending Jobot against several lawsuits brought by the national recruiting company Robert Half International.

Her practice is busy. “The competition for talent right now is extraordinary, and companies are willing to devote substantial resources to fight to retain their employees and their clients and … confidential information,” she said. “On the other side, my clients believe that employees should have the right to pursue better opportunities … and jobs where they’re respected and appreciated.”

While many lawyers who handle employee mobility and related trade secrets litigation represent clients on both sides of the battle, Fischer doesn’t. “I now focus exclusively on the defense side … because I am helping clients who are providing a better place to work and higher pay, and I’m helping employees who are being sued … sometimes solely because they’re pursuing a better opportunity,” she said. “So it’s very satisfying.”

Another part of her work is to advise clients and their potential employees. “Part of what I do is advise employers like Jobot who are hiring on how to do it right,” she said.

— Don DeBenedictis