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20th Annual

Labor and Employment Law Conference

Austin May 16-17, 2013 AT&T Conference Center
Conference Concluded
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Overview

Now in its 20th year, UT Law CLE’s Labor and Employment Law Conference offers two days of timely updates and emerging trends in employment law.

2013 program highlights include:

  • Case Law and Legislative Updates: Analysis of significant federal and state employment law developments
  • Recent Developments: Regulatory updates from the DOL, EEOC and other federal agencies; NLRB policies impacting unionized and non-union workplaces; emerging disability issues under the ADA; FLSA compliance; whistleblower and retaliation laws; and more
  • Impact of Technology on the Workplace: The changing technology landscape and its effect on workplace privacy issues and concerns
  • Litigation strategies: Voir dire, witness preparation, attorney’s fees, and employer counterclaims
  • Workplace strategies: Managing leave issues, best hiring practices, implementation of the Affordable Care Act, and impact of internal investigations on trials
  • Practice Tips: Legal writing for screen reading, dos and don’ts for dealing with the EEOC, and determining the value of your case
  • Ethics: “Winning” mediation strategies, ethics and professionalism update for employment attorneys, and hiring candidates with restrictive covenant agreements
Don’t miss this opportunity to learn from and interact with employment law experts.

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Event Schedule

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

  • Day 1 May 16, 2013
  • Day 2 May 17, 2013
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, May 16, 2013
    Presiding Officer:
    James H. Kizziar Jr., Bracewell & Giuliani LLP - San Antonio, TX
  • 7:30 am
    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 state law with a discussion of significant new cases.

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

  • 9:15 am
    0.50 hr
    Federal Employment Case Law and Legislative Update
    An analysis of significant federal case law and legislative developments.

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

  • 9:45 am
    0.50 hr
    Federal Regulatory Update
    Important new developments at the DOL, EEOC and other federal agencies.

    Vianei Lopez Braun, Buck Keenan LLP - Houston, TX

  • 10:15 am
    Break

  • 10:30 am
    0.75 hr
    Not Your Grandfather's NLRA
    A review of recent developments at the National Labor Relations Board impacting policies and employment practices for unionized and non-union workplaces.

    John V. Jansonius, Jackson Walker L.L.P. - Dallas, TX
    Rod Tanner, Tanner & Associates, P.C. - Fort Worth, TX

  • 11:15 am
    0.75 hr
    Developments in Disability Discrimination Law
    Significant developments under the Americans with Disabilities Act with insight on emerging disability issues.

    James H. Kizziar Jr., Bracewell & Giuliani LLP - San Antonio, TX

  • 12:00 pm
    Lunch on Your Own

  • Thursday Afternoon, May 16, 2013
    Presiding Officer:
    James H. Kizziar Jr., Bracewell & Giuliani LLP - San Antonio, TX
  • Technology and the Workplace

  • 1:15 pm
    0.75 hr
    0.25 hr ethics
    The Changing Workplace: New Questions under Old Laws
    Technology continues to change how, where and by whom work is performed. This session explores a range of legal issues created by the ongoing adoption of increasingly advanced technology in the workplace, including the contours of the virtual workplace under Title VII and similar non-discrimination statutes, the effect of technology on accommodation obligations and leave management, the challenge automation and information management solutions present to seemingly-settled FLSA concepts, and the implications of our gradual transition into a post-employment world. The ethical obligations of attorneys when dealing with technologically savvy clients are also addressed.

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

  • 2:00 pm
    0.75 hr
    Changes in and New Technological Limitations on Workplace Privacy
    Workplace privacy once involved employee desks and lockers. Now with the internet, emails, cellphones, smartphones, iPads and laptops, the idea of workplace privacy has expanded greatly. This session explores the impact these new technologies have on workplace privacy and how they affect the employer-employee relationship.

    Charles C. High Jr., Kemp Smith LLP - El Paso, TX

  • 2:45 pm
    Break

  • Track A: Litigation Strategies
    Presiding Officer:
    Laura M. Merritt, Wilson Sonsini Goodrich & Rosati - Austin, TX
  • 3:00 pm
    0.50 hr
    0.25 hr ethics
    Picking Your Jury
    Voir dire: Finding the bad jurors without losing the good ones, closing the cause coffin, keeping your powder dry, and more.

    Rod Phelan, Baker Botts - Dallas, TX

  • 3:30 pm
    0.50 hr
    0.25 hr ethics
    Witness Preparation
    The only thing harder than being a witness is preparing one. This session provides insights into successfully navigating the process. Ethical considerations are also addressed.

    Michael W. Fox, Ogletree Deakins - Austin, TX

  • 4:00 pm
    0.50 hr ethics
    Attorney's Fees: Who, Why, When and How
    When there is a statutory basis for attorney's fees, proper preparation begins with the retainer agreement and continues at every step of the case, through final judgment and collection. Review key steps and issues to avoid at each phase in the process.

    David T. Lopez, David T. Lopez & Assoc. - Houston, TX

  • 4:30 pm
    0.75 hr
    Risky Business: The Employer Counterclaim against the Employee Claimant
    Confronted with a lawsuit by an employee or former employee, companies frequently want to "fire back" with counterclaims of their own. This presentation provides guidance and perspective as to whether, and under what circumstances, it is appropriate and beneficial to file a counterclaim against an employee, what the key considerations are, and what the risks are in so doing.

    Edward L. Friedman, Baker & Hostetler LLP - Houston, TX

  • 5:15 pm
    Adjourn

  • Track B: Workforce Strategies
    Presiding Officer:
    Thomas A. Nesbitt, DeShazo & Nesbitt LLP - Austin, TX
  • 3:00 pm
    0.50 hr
    Developments and Strategies for Employee Leaves of Absence
    Hear the latest tips, tricks and strategies for managing complicated leave issues under the FMLA, ADA and USERRA, as well as Workers' Compensation statutes.

    Katrina Grider, Attorney at Law - Cypress, TX

  • 3:30 pm
    0.50 hr
    Hire Power: Developments in Hiring Practices
    From developing the job description to on-boarding a new hire, there are plenty of tricks and traps for the unwary employer who is hiring. This session summarizes the process for identifying the best candidates for your organization's needs, while avoiding costly mistakes, and may save you money through tax breaks and other employer assistance programs.

    Audrey E. Mross, Munck Wilson Mandala, LLP - Dallas, TX

  • 4:00 pm
    0.50 hr
    It's Here, and There's More to Come...
    As we approach the first fall open enrollment for healthcare exchanges, employers and healthcare providers are anticipating the impacts of full implementation of the Affordable Care Act. In this session, an attorney who works throughout the marketplace of healthcare providers and at their interface with federal/state regulation and payment programs, identifies a list of systemic changes to watch for and details how employer and public interests may be affected.

    Glen A. Reed, King & Spalding LLP - Atlanta, GA

  • 4:30 pm
    0.75 hr
    0.25 hr ethics
    HR on Trial: Internal Investigations and Their Impact on Trial Success
    Gain insight on employers' best practices to ensure thorough, legal investigations, and plaintiffs' best strategies for attacking employer investigations. Recent agency guidance and case law on investigations are also addressed, and examples where poor investigations resulted in liability exposure for the employer are examined.

    Elizabeth Siberry Chestney, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
    Kenneth D. Hughes, Hughes Roch LLP - Houston, TX

  • 5:15 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, May 17, 2013
    Presiding Officer:
    Vianei Lopez Braun, Buck Keenan LLP - Houston, TX
  • 7:30 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.75 hr
    0.50 hr ethics
    Hiring Candidates with Restrictive Covenant Agreements
    A discussion of the practical, ethical and legal requirements attendant to hiring employees who have non-competition, non-solicitation and/or confidentiality contracts with previous employers.

    Sean M. Becker, Vinson & Elkins LLP - Houston, TX
    Christopher H. Hahn, Dell - Round Rock, TX

  • 9:15 am
    0.75 hr
    What's It Worth?
    We all know one of the hardest aspects of our practices is evaluating the value of our case. This presentation offers practice tips for each side of the docket.

    Phil Durst, Deats, Durst, Owen & Levy, P.L.L.C. - Austin, TX

  • 10:00 am
    Break

  • 10:15 am
    0.75 hr ethics
    "Winning" at Mediation: Perspectives on Strategies
    Perspectives on achieving positive outcomes by utilizing the mediation process.

    Scot L. Beckenbaugh, Federal Mediation and Conciliation Service - Washington, DC

  • 11:00 am
    0.75 hr
    Public Employment: Recent Developments
    A focused discussion of statutory and recent case law developments relevant to public sector employment, including free speech, due process, search and seizure, privacy and whistleblower law.

    B. Lee Crawford Jr., City of Austin Law Department - Austin, TX

  • 11:45 pm
    Pick Up Lunch
    Included in conference registration fee.

  • Friday Afternoon, May 17, 2013
    Presiding Officer:
    Vianei Lopez Braun, Buck Keenan LLP - Houston, TX
  • LUNCHEON PRESENTATION
  • 12:05 pm
    1.00 hr
    Legal Writing for the Rewired Brain: Persuading Readers in a Paperless World
    Screen reading changes the way we perceive and process information. Learn how technology is rewiring our brains and what you can do to craft legal documents to be more useful for screen readers.

    Robert B. Dubose, Alexander Dubose & Townsend LLP - Houston, TX

  • 1:05 pm
    Break

  • 1:15 pm
    0.75 hr
    Whistleblower and Retaliation Law: Recent Developments
    Developments and developing trends in retaliation law, including whistleblower laws: new protections, dying doctrines, what's hitting the judicial radar and what's just hitting big.

    Amy Gibson, Gibson Wiley PLLC - Dallas, TX

  • 2:00 pm
    0.50 hr
    Dos and Don'ts for Dealing with the EEOC
    How to develop a record, respond to charges, and deal with requests for further information and documents.

    Jennifer M. Trulock, Baker Botts - Dallas, TX

  • 2:30 pm
    0.75 hr ethics
    Ethics and Professionalism Update for Employment Lawyers
    Update on ethics and professionalism issues including conflicts of interests, representation of insured clients in employment practice liability insurance matters, inadvertent disclosure rules, attorney-client privilege and waiver issues, metadata issues, and ethical issues relating to settlement discussions.

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

  • 3:15 pm
    Adjourn

  • Day 1 May 16, 2013
  • Day 2 May 17, 2013
Download Schedule

Conference Faculty

Scot L. Beckenbaugh

Federal Mediation and Conciliation Service
Washington, DC

Sean M. Becker

Vinson & Elkins LLP
Houston, TX

Jason Boulette

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

Vianei Lopez Braun

Buck Keenan LLP
Houston, TX

Clara "C.B." Burns

Kemp Smith LLP
El Paso, TX

Elizabeth Siberry Chestney

Cornell Smith Mierl & Brutocao, LLP
Austin, TX

B. Lee Crawford Jr.

City of Austin Law Department
Austin, TX

Robert B. Dubose

Alexander Dubose & Townsend LLP
Houston, TX

Dennis P. Duffy

Baker & Hostetler LLP
Houston, TX

Phil Durst

Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX

Michael W. Fox

Ogletree Deakins
Austin, TX

Edward L. Friedman

Baker & Hostetler LLP
Houston, TX

Amy Gibson

Gibson Wiley PLLC
Dallas, TX

Katrina Grider

Attorney at Law
Cypress, 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 L.L.P.
Dallas, TX

James H. Kizziar Jr.

Bracewell & Giuliani LLP
San Antonio, TX

David T. Lopez

David T. Lopez & Assoc.
Houston, TX

Audrey E. Mross

Munck Wilson Mandala, LLP
Dallas, TX

Rod Phelan

Baker Botts
Dallas, TX

Glen A. Reed

King & Spalding LLP
Atlanta, GA

Rod Tanner

Tanner & Associates, P.C.
Fort Worth, TX

Jennifer M. Trulock

Baker Botts
Dallas, TX

Planning Committee

James H. Kizziar Jr.—Chair

Bracewell & Giuliani LLP
San Antonio, TX

Sean M. Becker

Vinson & Elkins LLP
Houston, TX

Jason Boulette

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

Richard R. Brann

Baker Botts
Houston, TX

Vianei Lopez Braun

Buck Keenan LLP
Houston, TX

Connie L. Cornell

Cornell Smith Mierl & Brutocao, LLP
Austin, TX

B. Lee Crawford Jr.

City of Austin Law Department
Austin, TX

Dennis P. Duffy

Baker & Hostetler LLP
Houston, TX

Phil Durst

Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX

Amy Gibson

Gibson Wiley PLLC
Dallas, 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

John V. Jansonius

Jackson Walker L.L.P.
Dallas, TX

David T. Lopez

David T. Lopez & Assoc.
Houston, TX

Laura M. Merritt

Wilson Sonsini Goodrich & Rosati
Austin, TX

Audrey E. Mross

Munck Wilson Mandala, LLP
Dallas, TX

Thomas A. Nesbitt

DeShazo & Nesbitt LLP
Austin, TX

Rod Tanner

Tanner & Associates, P.C.
Fort Worth, TX

Michelle M. Turner

Austin, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 13.00 hrs  |  3.25 hrs Ethics
Legal Specialization(s): 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 – 13.00 hrs  |  3.25 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 – 15.50 hrs  |  4.00 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 – 13.00 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 TX Accounting CPE – 15.50 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.

Key Dates

Austin – May 16-17, 2013 – AT&T Conference Center
Conference Concluded
Buy
  • Austin
Green Registration - USB Key ONLY
Last day for $550.00 Regular pricing: May 10, 2013

$600.00 for registrations received after this time

Standard Registration
Last day for $550.00 Regular pricing: May 10, 2013

$600.00 for registrations received after this time

Group 10% (5-9) (5 registrants minimum)
Last day for $495.00 Regular pricing: May 10, 2013

$545.00 for registrations received after this time

Group 20% (10+) (10 registrants minimum)
Last day for $440.00 Regular pricing: May 10, 2013

$490.00 for registrations received after this time

Last day for cancellation (full refund): May 10, 2013

$50 processing fee applied after this date

Last day for cancellation: May 13, 2013

Venue

speaker

AT&T Conference Center

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

Accommodations

$174.00 good through May 8, 2013
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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