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23rd Annual

Labor and Employment Law Conference

Austin May 3-4, 2016 AT&T Conference Center
Conference Concluded
Live Webcast May 3-4, 2016
Conference Concluded
Buy
Related products: eConference Materials
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Overview

The 23rd Annual Labor and Employment Law Conference offers two days of timely updates and emerging trends in employment law from leading members of the employment law bench and bar along with HR and personnel experts. Highlights include:

  • An exploration of the technology-fueled sharing economy on the relationship between companies, consumers and service providers with Jason Boulette of Boulette Golden & Marin L.L.P.
  • Judicial insights into trends in employment litigation from sitting state and federal judges.
  • Practical tips and techniques on accommodating pregnancy, religion and disability.
  • Discussion of The Impaired Employee or Client with advice on how to identify and address suicidal tendencies and mental health crises in the course of your practice.
  • Ethics and professionalism update for employment lawyers.
  • Focused presentation series on litigation and workforce strategies.
  • The latest on federal and state employment case law and legislative developments, including disability issues under the ADA, guidance under the NLRA and more.

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 May 3, 2016
  • Day 2 May 4, 2016
  • Time
    Credit
    Subject
    Speaker
  • Tuesday Morning, May 3, 2016
    Presiding Officer:
    Laura M. Merritt, Boulette Golden & Marin L.L.P. - Austin, TX
  • 7:30 am
    Austin Only
    Registration Opens
    Includes continental breakfast.

  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    0.75 hr
    State Employment Law Update: Texas and Beyond
    A review of employment-related developments under Texas state law with a discussion of significant new Texas cases and important trends in other states.

    Clara "C. B." Burns, Kemp Smith LLP - El Paso, TX

  • 9:15 am
    0.75 hr
    Federal Law Developments
    An analysis of recent Supreme Court decisions and significant federal cases, legislative developments and regulatory changes.

    Linda Ottinger Headley, Littler Mendelson P.C. - Houston, TX

  • 10:00 am
    0.50 hr
    Wage and Hour Update
    In recent years, wage and hour lawsuits have proliferated. This presentation examines the intricacies of the FLSA and continuing trends, including pending Supreme Court cases involving wage and hour issues.

    Robert E. Sheeder, Bracewell - Dallas, TX

  • 10:30 am
    Break

  • 10:45 am
    0.75 hr
    The Future of Employment
    Explore the effects of the sharing economy on the traditional employment model as companies use technology to connect providers and end-users in novel ways and employees increasingly view themselves as individual entrepreneurs with their own business aspirations. Specific topics include the scope of the limitations of the employee vs. contractor classification system, the use of arbitration agreements as a response to judicial second-guessing, the scope of an employee’s fiduciary duty, the ownership of employee inventions, and some of the potential consequences associated with replacing the traditional employment model with individually-defined, market-driven, peer-to-peer business relationships.

    Jason Boulette, Boulette Golden & Marin L.L.P. - Austin, TX

  • 11:30 am
    0.75 hr
    Recent Developments Under the National Labor Relations Act
    In the past year, a revitalized National Labor Relations Board has addressed a number of significant issues affecting union and nonunion workplaces. Hear recent developments from regulation of employer arbitration and e-mail policies to expansion of the joint employer doctrine.

    Jay K. Rutherford, Jackson Walker LLP - Fort Worth, TX
    Rod Tanner, Tanner and Associates, PC - Fort Worth, TX

  • 12:15 pm
    Austin Only
    Pick Up Lunch (in Austin)
    Included in registration.

  • Tuesday Afternoon, May 3, 2016
    Presiding Officer:
    Kenneth D. Hughes, Hughes Roch LLP - Houston, TX
  • LUNCHEON PRESENTATION
  • 12:35 pm
    0.75 hr
    Judicial Insights
    Hear federal and state judges discuss trends in employment law and get practical tips for working effectively with the judiciary.

    Moderator:
    John V. Jansonius, Jackson Walker LLP - Dallas, TX
    Panelists:
    Hon. Alfred H. Bennett, U.S. District Court, Southern District of Texas - Houston, TX
    Hon. Robert L. Pitman, U.S. District Court, Western District of Texas - San Antonio and Austin, TX
    Hon. Melody M. Wilkinson, 17th District Court - Fort Worth, TX

  • 1:20 pm
    Break

  • 1:35 pm
    0.75 hr
    Public Sector Update
    Developments in substantive and procedural due process protections, as well as underlying principles governing public sector employment law.

    Ricardo J. Navarro, Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C. - Harlingen, TX

  • 2:20 pm
    0.50 hr
    Federal Contracting Update
    Who is now considered a federal contractor (you may be surprised!), updates on obligations and recent Office of Federal Contract Compliance Programs (OFCCP) regulations and executive orders.

    Shafeeqa W. Giarratani, Norton Rose Fulbright - Austin, TX

  • 2:50 pm
    Break

  • Track A: Litigation Strategies
    Presiding Officer:
    Robert E. Sheeder, Bracewell - Dallas, TX
  • 3:00 pm
    Austin Only
    0.75 hr
    0.25 hr ethics
    Trade Secret and Non-Compete Update
    A discussion of recent cases involving trade secrets and non-competes, including an emphasis on practical courtroom advice.

    Elizabeth Siberry Chestney, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
    Hon. Grant Dorfman, 334th District Court - Houston, TX
    Kenneth D. Hughes, Hughes Roch LLP - Houston, TX

  • 3:45 pm
    Austin Only
    0.50 hr
    0.25 hr ethics
    Arbitration Strategies
    A lawsuit was filed, but there is an arbitration agreement. Now what? From compelling arbitration to trying a case before an arbitrator, survey decision points from the beginning of a dispute to enforcing or appealing an arbitral award and ethical issues unique to the arbitration world.

    Vanessa M. Griffith, Vinson & Elkins LLP - Dallas, TX
    Christopher H. Hahn, Dell - Round Rock, TX

  • 4:15 pm
    Austin Only
    0.50 hr
    Hot Topics and Trends in FLSA Collective Actions
    Attorneys from both sides of the bar will keep you up to date about the latest trends in conditional certification and the hottest topics facing lawyers litigating in this fast-growing area.

    J. Derek Braziel, Lee & Braziel, LLP - Dallas, TX
    Kevin J. White, Hunton & Williams LLP - Houston, TX

  • 4:45 pm
    Austin Only
    0.50 hr
    Using Experts in Employment Cases
    Beyond damages, what insight or support can experts offer in employment cases?

    Lauren E. Mutti, Jackson Walker LLP - Dallas, TX

  • 5:15 pm
    Austin Only
    Adjourn

  • Track B: Workforce Strategies
    Presiding Officer:
    Steven L. Mierl, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
  • 3:00 pm
    0.75 hr
    0.25 hr ethics
    Anticipating, Receiving and Resolving Workplace Conflicts
    Lawyers for employers and employees present a candid discussion of best practices for addressing problems and working effectively to a mutually acceptable resolution.

    Vianei Lopez Braun, Shannon, Gracey, Ratliff & Miller, LLP - Fort Worth, TX
    David T. Lopez, Attorney-Arbitrator-Mediator - Houston, TX

  • 3:45 pm
    0.50 hr
    0.25 hr ethics
    Navigating Employee Data Privacy in the Digital Age
    An overview of current hot topics in the area of employee data privacy, including issues regarding the authorized and unauthorized access of employees’ personal information from current and former employers.

    Jason M. Storck, Wilson Sonsini Goodrich & Rosati, P.C. - Austin, TX

  • 4:15 pm
    0.50 hr
    What’s New with the Affordable Care Act?
    As employers continue to adapt to the Affordable Care Act’s requirements, many new practical challenges have arisen with health plan design, tax reporting, staffing and scheduling practices among others, and more are sure to follow in 2016 and beyond. Explore an up-to-the-minute survey of these and other ACA compliance concerns and obtain practical tips and insights for ensuring that you are prepared for the challenges to come.

    Timothy G. Verrall, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Houston, TX

  • 4:45 pm
    0.50 hr
    Employee Handbooks
    Practical tips to update existing policies and adopt new ones in light of recent NLRB, EEOC and court activity.

    Steven L. Mierl, Cornell Smith Mierl & Brutocao, LLP - Austin, TX

  • 5:15 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Wednesday Morning, May 4, 2016
    Presiding Officer:
    John V. Jansonius, Jackson Walker LLP - Dallas, TX
  • 7:30 am
    Austin Only
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.75 hr
    Leaves of Absence Update
    Discover tips, tricks and strategies to deal with issues like intermittent leave, leave abuse, ADA accommodation, certification and return to work documentation, psychiatric health conditions and more.

    Katrina Grider, Attorney at Law - Cypress, TX

  • 9:15 am
    0.75 hr
    Developments in Disability Discrimination Law: 2015 to 2016
    A review of significant developments under the Americans with Disabilities Act and insights into emerging disability issues.

    James H. Kizziar Jr., Bracewell - San Antonio, TX and Washington, DC

  • 10:00 am
    Break

  • 10:15 am
    0.75 hr
    Practical Accommodations 
    Practical tips and techniques on accommodating pregnancy, religion, gender identity, and disability, and lessons from recent Supreme Court and EEOC guidance on maintaining a productive and orderly work environment while steering clear of violating employee rights.

    Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX

  • 11:00 am
    0.75 hr ethics
    The Impaired Employee or Client
    How to identify and address suicidal risks and mental health crises in employee and clients.

    Searcy L. Simpson Jr., Law Offices of Skip Simpson - Frisco, TX

  • 11:45 am
    Austin Only
    Pick Up Lunch (in Austin)
    Included in registration.

  • Wednesday Afternoon, May 4, 2016
    Presiding Officer:
    James H. Kizziar Jr., Bracewell - San Antonio, TX and Washington, DC
  • LUNCHEON PRESENTATION
  • 12:05 pm
    0.75 hr
    Lawyers, Guns, and Money
    The Texas Legislature has been on a steady march to broaden the places and manner in which firearms may be possessed. Learn how it affects employers and employees, and see the role lawyers have to play, as well.

    Michael J. Golden, Boulette Golden & Marin L.L.P. - Austin, TX

  • 12:50 pm
    Break

  • 1:05 pm
    0.50 hr
    Modern Hiring
    An exploration of common mistakes employers should avoid in the hiring process, including the use of outdated applications, performing background checks which are unlawful under the FCRA and Title VII, relying on overly aggressive social media policies and using words which create red flags in job postings.

    Victoria Martin Phipps, Littler Mendelson P.C. - Houston, TX

  • 1:35 pm
    0.75 hr
    Pretext
    Pretext from the perspective of an experienced worker-side attorney—learn what employers are doing today that may get them in trouble tomorrow. 

    Amy Gibson, Gibson Wiley PLLC - Dallas, TX

  • 2:20 pm
    0.50 hr
    Guardians of the IP Law Galaxy: What Employment Lawyers Need to Know
    Employment lawyers are often closest to the daily employment law issues that actually impact a client’s intellectual property. Get practical tools to protect your clients in this quickly transforming information age.

    Howard L. Steele Jr., Steele Law Group, PLLC - Houston, TX
    Daisy Olivera, Buzz Points - Austin, TX

  • 2:50 pm
    0.75 hr ethics
    Ethics for Employment Lawyers
    Annual update on cutting-edge ethics issues in employment litigation and counseling including, attorney-client privilege and waiver issues, ethical issues in internal investigations, ex parte communication issues, employee use of social media and employer computer equipment, in-house ethical issues, and ethics and disclosure issues in settlement and negotiations.

    Dennis P. Duffy, Baker & Hostetler LLP - Houston, TX

  • 3:35 pm
    Adjourn

  • Day 1 May 3, 2016
  • Day 2 May 4, 2016
Download Schedule

Conference Faculty

Hon. Alfred H. Bennett

U.S. District Court, Southern District of Texas
Houston, TX

Jason Boulette

Boulette Golden & Marin L.L.P.
Austin, TX

Vianei Lopez Braun

Shannon, Gracey, Ratliff & Miller, LLP
Fort Worth, TX

J. Derek Braziel

Lee & Braziel, LLP
Dallas, TX

Clara "C. B." Burns

Kemp Smith LLP
El Paso, TX

Elizabeth Siberry Chestney

Cornell Smith Mierl & Brutocao, LLP
Austin, TX

Hon. Grant Dorfman

334th District Court
Houston, TX

Dennis P. Duffy

Baker & Hostetler LLP
Houston, TX

Shafeeqa W. Giarratani

Norton Rose Fulbright
Austin, TX

Amy Gibson

Gibson Wiley PLLC
Dallas, TX

Michael J. Golden

Boulette Golden & Marin L.L.P.
Austin, TX

Katrina Grider

Attorney at Law
Cypress, TX

Vanessa M. Griffith

Vinson & Elkins LLP
Dallas, TX

Christopher H. Hahn

Dell
Round Rock, TX

Linda Ottinger Headley

Littler Mendelson P.C.
Houston, TX

Kenneth D. Hughes

Hughes Roch LLP
Houston, TX

John V. Jansonius

Jackson Walker LLP
Dallas, TX

James H. Kizziar Jr.

Bracewell
San Antonio, TX and Washington, DC

David T. Lopez

Attorney-Arbitrator-Mediator
Houston, TX

Steven L. Mierl

Cornell Smith Mierl & Brutocao, LLP
Austin, TX

Lauren E. Mutti

Jackson Walker LLP
Dallas, TX

Ricardo J. Navarro

Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C.
Harlingen, TX

Daisy Olivera

Buzz Points
Austin, TX

Victoria Martin Phipps

Littler Mendelson P.C.
Houston, TX

Hon. Robert L. Pitman

U.S. District Court, Western District of Texas
San Antonio and Austin, TX

Jay K. Rutherford

Jackson Walker LLP
Fort Worth, TX

Shannon B. Schmoyer

Schmoyer Reinhard LLP
San Antonio, TX

Robert E. Sheeder

Bracewell
Dallas, TX

Searcy L. Simpson Jr.

Law Offices of Skip Simpson
Frisco, TX

Howard L. Steele Jr.

Steele Law Group, PLLC
Houston, TX

Jason M. Storck

Wilson Sonsini Goodrich & Rosati, P.C.
Austin, TX

Rod Tanner

Tanner and Associates, PC
Fort Worth, TX

Timothy G. Verrall

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Houston, TX

Kevin J. White

Hunton & Williams LLP
Houston, TX

Hon. Melody M. Wilkinson

17th District Court
Fort Worth, TX

Planning Committee

Laura M. Merritt—Chair

Boulette Golden & Marin L.L.P.
Austin, TX

Jason Boulette

Boulette Golden & Marin L.L.P.
Austin, TX

Richard R. Brann

Baker Botts
Houston, TX

Vianei Lopez Braun

Shannon, Gracey, Ratliff & Miller, LLP
Fort Worth, TX

Clara "C. B." Burns

Kemp Smith LLP
El Paso, TX

B. Lee Crawford Jr.

City of Austin Law Department
Austin, TX

Dennis P. Duffy

Baker & Hostetler LLP
Houston, TX

Michael W. Fox

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX

Malinda A. Gaul

Law Offices of Gaul and Dumont
San Antonio, TX

Amy Gibson

Gibson Wiley PLLC
Dallas, TX

Brian S. Greig

Norton Rose Fulbright
Austin, TX

Christopher H. Hahn

Dell
Round Rock, TX

Linda Ottinger Headley

Littler Mendelson P.C.
Houston, TX

Charles C. High Jr.

Kemp Smith LLP
El Paso, TX

Kenneth D. Hughes

Hughes Roch LLP
Houston, TX

John V. Jansonius

Jackson Walker LLP
Dallas, TX

James H. Kizziar Jr.

Bracewell
San Antonio, TX and Washington, DC

David T. Lopez

Attorney-Arbitrator-Mediator
Houston, TX

Victoria Martin Phipps

Littler Mendelson P.C.
Houston, TX

Deborah Salzberg

The University of Texas School of Law
Austin, TX

Shannon B. Schmoyer

Schmoyer Reinhard LLP
San Antonio, TX

Robert E. Sheeder

Bracewell
Dallas, TX

Howard L. Steele Jr.

Steele Law Group, PLLC
Houston, TX

Rod Tanner

Tanner and Associates, PC
Fort Worth, TX

Credit Info

  • Austin
  • Live Webcast
MCLE Credit
Toggle view Texas – 14.00 hrs  |  2.00 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil Trial Law, Labor and Employment Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 14.00 hrs  |  2.00 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Toggle view Oklahoma – 17.00 hrs  |  2.50 hrs Ethics
You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other Credit
Toggle view Human Resources PHR/SPHR/GPHR – 14.00 hrs
This program has been pre-approved for credit toward aPHR®, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). Please claim and certify your credit in "Your Briefcase" at the end of the program and after doing so you will be able to download your certificate of attendance with the HRCI  activity ID number. Contact us at accreditation@utcle.org if you have additional questions.

For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org
Toggle view Human Resources SHRM-CP / SHRM-SCP – 14.00 hrs
The University of Texas School of Law is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. Please claim and certify your credit in "Your Briefcase" at the end of the program and after doing so you will be able to download your certificate of attendance with the course ID number. Please contact us at accreditation@utcle.org if you have additional questions.

 
 
Toggle view TX Accounting CPE – 16.50 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.
MCLE Credit
Toggle view Texas – 14.00 hrs  |  2.00 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil Trial Law, Labor and Employment Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas.  A Certificate of Completion will be emailed to you upon claiming credit. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 14.00 hrs  |  2.00 hrs Ethics
To claim California MCLE credit, California credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion. 

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  

MCLE credit is presented based on a 60-minute credit hour.
Toggle view Oklahoma – 17.00 hrs  |  2.50 hrs Ethics
To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion. 

The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.
Other Credit
Toggle view TX Accounting CPE – 16.50 hrs
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and are presumptively approved by the Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – May 3-4, 2016 – AT&T Conference Center
Conference Concluded
Live Webcast – May 3-4, 2016
Conference Concluded
Buy
  • Austin
  • Live Webcast
Individual
Last day for $595.00 Regular pricing: Apr 27, 2016

$645.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $540.00 Regular pricing: Apr 22, 2016

$590.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $480.00 Regular pricing: Apr 22, 2016

$530.00 for registrations received after this time

Last day for cancellation (full refund): Apr 27, 2016

$50 processing fee applied after this date

Last day for cancellation: Apr 29, 2016
Individual
Last day for $545.00 Regular pricing: May 3, 2016

$545.00 for registrations received after this time

Last day for cancellation (full refund): Apr 27, 2016

$50 processing fee applied after this date

Last day for cancellation: Apr 29, 2016

Venue

speaker

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$185 room rate good through April 18, 2016 (subject to availability).
Reserve your room online. 

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

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