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Katherine S. Somervell

Shareholder, Portland Office, Seattle Office

Direct Dial: 503.499.4454
Fax: 503.295.0915
katherine.somervell@bullivant.com



Practice Areas

Bar/Court Admissions

Admitted to U.S. District Court, District of Oregon, 1997
Admitted to Oregon Bar, 1995
Admitted to Washington State Bar, 2008
Admitted to U.S. District Court, Western District of Washington, 2008
Admitted to U.S. District Court, Eastern District of Washington, 2008
Admitted to Ninth Circuit Court of Appeals, 2009

Education

  • Northwestern School of Law, Lewis & Clark College - J.D.
  • University of Virginia - M.A.
  • University of California, Berkeley - B.A.

Practice Experience

Katherine Somervell focuses her practice on all aspects of employment law. She enjoys being able to help her clients solve issues as diverse as dealing with problem employees to ensuring that the documents setting forth their employee benefit plans are compliant with ERISA. Having spent over a dozen years practicing solely in the employment and employee benefits arena, she is able to draw on those years of specialized experience to provide her clients with creative yet pragmatic solutions designed to ensure compliance with state and federal laws and minimize exposure to litigation or investigation.

Representative Work

  • Assisting national pharmaceutical company with resolving complex discrimination claims based on both the ADA and FMLA
  • Working with businesses to ensure that their employee handbooks are consistent with state and federal laws and provide optional provisions tailored to the client's specific needs
  • Preparing employee benefit plan documents and summary plan descriptions to ensure compliance with state and federal regulations
  • Assisting plan sponsors in responding to DOL audits and working creatively with the DOL to minimize the client's potential exposure to penalties 
  • Drafting a health benefit plan compliant with state and federal mandates for a self-insured employer and successfully obtaining insurance department approval for the plan 
  • Successfully defending a local college against a discrimination claim brought by disabled student

Professional and Civic Involvement

  • Member, Board of Directors, Portland Baroque Orchestra
  • Judicial Law Clerk, Hon. Janice M. Stewart, U.S. Magistrate Judge, District of Oregon
  • International Foundation of Employee Benefit Plans
  • Defense Research Institute (Member, Life Health Disability Committee)
  • District of Oregon Local Rules Advisory Committee (2000-2007)
  • Federal Bar Association (Oregon Chapter President, 2004-2005)
  • Oregon State Bar Association
  • American Bar Association - Tort and Insurance Practice Section (Life Insurance Law Committee, Program Chair, Midwinter Meeting, 2006; Health and Disability Committee, Co-Chair, 2005-2006)
  • Oregon Board of Bar Examiners (Board Member 2005-2008)

Advisories and Insights

Publications and Presentations

  • Speaker, "ERISA Benefits Litigation: Basics and Hot Topics," Multnomah Bar Association CLE (March 2012)
  • Contributing Author, "ERISA Survey of Federal Circuits, 4th ed.," ABA Publications (2012)
  • Speaker, "ERISA Hot Topics," ABA TIPS Midwinter Symposium on Insurance and Employee Benefits Emerging Issues and Litigation Relating to Life, Health and Disability Insurance, Insurance Regulation and Employee Benefits (January 2012)
  • Speaker, "Discovery in ERISA Cases Post MetLife vs. Glenn: Is it Really Wide Open?" American Conference Institute 13th Annual Advanced Forum on Litigating Disability Insurance Claims (June 2010)
  • Speaker, "Fundamentals and Current Issues of Fiduciary Duty Litigation," DRI Life, Health, Disability and ERISA Claims Seminar (April 2010)
  • Co-Author, "The Fiduciary Exception & the Attorney Client Privilege: Recent Developments and Ethical Implications," ABA TIPS Health & Disability Insurance Law Committee Newsletter (Spring 2008)
  • Author, "Preventing discrimination in employee wellness plans," Portland Business Journal (2007)
  • Author, "En Banc Ninth Circuit Overrules Burden-Shifting Approach to Standard of Review Analysis," ABA-TIPS Health and Disability Law Committee News (2006)
  • Speaker, "Current and Future ERISA Issues Affecting Defense Lawyers," DRI Life Health Disability Committee Teleconference (2006)
  • Program Chair, "Litigation Update: What's New in Broker Commission, Annuity and Life Insurance Litigation," ABA-TIPS 32nd Annual Midwinter CLE Meeting, Emerging Issues and Practice Developments in Life, Health and Disability Insurance, ERISA, and Employment Law (2006)