University of Texas School of Law
2005
Labor and Employment Law Conference
Austin May 18-20, 2005 Hyatt Regency Austin
Conference Concluded
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UT Law CLE

2005 Labor and Employment Law Conference

Program Features
The University of Texas School of Law’s 2005 Conference on Labor and Employment Law brings together leading members of the employment bench and bar, along with HR and personnel experts, for two and one-half days of presentations and discussions.

UT Law CLE

2005 Labor and Employment Law Conference

11/14/19
Schedule

Wednesday Evening, May 18, 2005

6:30 pm

2.00 hrs

Special Employment Law Issues in the Public Sector and Higher Education Workplace

A discussion of special issues found in the public sector workplace, including due process, §1983, first amendment issues, immunity issues and torts. These issues will be discussed from both employer and employee sides. The session will close with a half hour presentation on special issues in the higher education workplace including tenure disputes.

Lou Bright, TX Alcoholic Beverage Comm - Austin, TX
Lisa A. Brown, Bracewell & Giuliani LLP - Houston, TX
Philip Durst, Deats Durst Owen & Levy, P.L.L.C. - Austin, TX

6:30 pm

0.00 hr
0.50 hr ethics

Starting and Building a Plaintiff’s Employment Practice

Forum providing practical advice regarding how to build a successful law practice representing employees in employment law matters.

B. Craig Deats, Deats Durst Owen & Levy, PLLC - Austin, TX
Katrina S. Patrick, Houston, TX
Paul A. Schorn, Paul Schorn Attorney At Law - Lockhart, TX

Thursday Morning, May 19, 2005

Presiding Officer:
Rod Tanner, Tanner & Associates - Fort Worth, TX

9:00 am

0.75 hr

Federal Update

A review of hot topics under federal law, including the Fifth Circuit’s approach to Desert Palace v. Costa.

Melissa Essary, Baylor School Of Law - Waco, TX

9:45 am

0.75 hr

State Update

A review of recent cases involving tort claims commonly seen in employment cases and cases under the Texas Commission on Human Rights Act.

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

10:45 am

0.50 hr

National Labor Relations Act Update

Recent decisions of the National Labor Relations Board and courts interpreting the National Labor Relations Act.

George W. Baab, Dallas, TX

11:15 am

0.75 hr

Development in Disability Discrimination Law

This session will analyze administrative and judicial developments in disability discrimination law under the Americans with Disabilities Act and Rehabilitation Act, and review emerging issues of interest to legal counsel and human resources representatives.

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

Thursday Afternoon, May 19, 2005

Presiding Officers:
Richard R. Brann, Baker Botts, L.L.P. - Houston, TX
Rod Tanner, Tanner & Associates - Fort Worth, TX

12:00 pm

0.50 hr

Thoughts from the Bench on Employment Cases and Other Ruminations

Enforcement of state labor and employment laws in this era of globalization.

Hon. W. Royal Furgeson Jr., United States District Judge - San Antonio, TX

1:15 pm

0.50 hr

Preparing for OFCCP/FLSA Audits...The Nuts and Bolts of Compliance

What employers need to know to effectively prepare and manage OFCCP and FLSA self audits.

Jaime Ramon, Kirkpatrick & Lockhart Nicholson Graham - Dallas, TX

1:15 pm

0.50 hr

EPLI

Love it or hate it, it’s now a fact of life for Texas lawyers. Learn which claims are covered and which are not, understand the knotty ethical issues that arise in the EPLI triangle of lawyer, insured and insurance company, get a handle on how EPLI impacts settlement and more.

Raymond D. Martinez, Ford & Harrison LLP - Dallas, TX

1:45 pm

0.00 hr
0.25 hr ethics

First 30 Days of the Case

The responses, motions and choices made in the first 30 days of the case are critical: what should you file (and not file) and when.

Christopher H. Hahn, Vinson & Elkins LLP - Austin, TX
J. Matthew Lyons, Andrews Kurth LLP - Austin, TX
Todd H. Silberman, Express Carriers - San Antonio, TX

1:45 pm

0.50 hr

Workplace Investigations

A practical guide to conducting workplace investigations—who, when, how—with particular emphasis on avoiding common pitfalls and optimizing results.

Amy Karff Halevy, Bracewell & Giuliani, LLP - Houston, TX

2:15 pm

0.50 hr

Applying the NLRA in the Non-Union Workplace

Survey and update on areas in which the National Labor Relations Act affects the non-union workplace, including safety complaints, e-mail policies, employee committees, and more.

B. Lee Crawford Jr., Temple Inland Inc - Austin, TX

2:15 pm

0.50 hr

Motion Practice in Employment Law Cases

Learn creative ways to prosecute and defend the motions used in most employment cases.

Katherine L. Butler, Houston, TX

3:00 pm

0.75 hr

Leaves of Absence and USERRA

A discussion of employee leaves of absence, with primary focus on leaves of absence for military service under the Uniformed Services Employment and Reemployment Right Act (USERRA).

Vianei Lopez Robinson, Robinson Law Firm - Abilene, TX

3:00 pm

0.75 hr

Jury Charges in Employment Law Cases

Drafting jury charges for your federal employment law cases, from an employer and employee perspective. The presentation will include an update on the status of the Fifth Circuit’s advisory committee regarding Pattern Jury Charges for Employment Law.

Margaret A. Harris, Butler & Harris - Houston, TX
Matthew R. Scott, Bell Nunnally & Martin LLP - Dallas, TX

3:45 pm

1.00 hr

FLSA—Collective Actions

This presentation will focus on specific strategies to defend against FLSA collective actions. It will also address ways employers might avert such actions.

David L. Kern, Kern Law Firm, P.C. - El Paso, TX
Teresa S. Valderrama, Baker Botts L.L.P. - Houston, TX

3:45 pm

1.00 hr

Hiring and Firing Employees and Dealing with the Rogue Supervisor

Employers are hiring again: this session covers typical traps and pitfalls in hiring employees; evaluating and terminating employees, and dealing with the rogue supervisor.

Robert E. Sheeder, Jenkens & Gilchrist - Dallas, TX

Friday Morning, May 20, 2005

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

8:30 am

0.50 hr

Developments in Whistleblowing and Retaliation

Few cases resonate with juries more than whistleblowing and retaliation and the legal issues continue to evolve as well. This session covers developments in the last year.

Michael W. Fox, Ogletree, Deakins, Nash, Smoak & Stewart - Austin, TX

9:00 am

0.00 hr
0.25 hr ethics

Workplace Harassment

Update on harassment cases and analysis of the trends and issues in workplace harassment.

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

9:45 am

0.00 hr
0.25 hr ethics

Electronic Discovery

Once a novelty, electronic discovery has become a regular part of modern litigation practice. The presentation will cover the state of the law as it relates to electronic discovery obligations, discuss the unique ethical issues presented by the preservation and production of electronic information and imbedded electronic information, and give an overview of some of the emerging technology that is now available for managing electronic information.

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

10:30 am

0.50 hr

Benefits Litigation

What’s new and what’s old but still good.

William H. Bruckner, Houston, TX

11:00 am

0.00 hr
0.75 hr ethics

Ethics and Malpractice Prevention in a Labor and Employment Law Practice

Patrick J. Maher, Shannon, Gracey, Ratliff,Et Al - Fort Worth, TX

11:45 am

0.00 hr
0.25 hr ethics

Arbitration

The arbitration presentation will address the asserted benefits of arbitration, the formation of the arbitration contract, the contents of ADR programs, and other arbitration topics.

Thomas M. Melo, Attorney at Law - Houston, TX

Friday Afternoon, May 20, 2005

Presiding Officer:
David T. Lopez, Lopez Law Firm - Houston, TX

1:30 pm

0.50 hr

The Globalization of Employment Law: Navigating Employment Law Challenges in an Ever-Shrinking World

As more and more employers enter the global marketplace and employ a global workforce, employment lawyers are challenged to provide global solutions to increasingly complex legal issues. As globalization increases and the world shrinks, employment lawyers must keep pace.

Michael McLaughlin, Dell - Austin, TX

2:00 pm

0.00 hr
0.25 hr ethics

Taxation of Settlement

Counsel for employers and employees alert to the impact of taxes on damages and attorney’s fees; whether by judgment or settlement, avoid unpleasant surprises.

David T. Lopez, Lopez Law Firm - Houston, TX

2:30 pm

0.50 hr

Enforcing Non-Compete Agreements

An update on the enforceability of non-compete agreements under Texas law, with reference to common law causes of action that typically accompany non-compete disputes.

Thomas A. Nesbitt, Fulbright & Jaworski LLP - Austin, TX

UT Law CLE

2005 Labor and Employment Law Conference

Faculty

Conference Faculty

George W. Baab
Dallas, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Lou Bright
TX Alcoholic Beverage Comm
Austin, TX
Lisa A. Brown
Bracewell & Giuliani LLP
Houston, TX
William H. Bruckner
Houston, TX
Katherine L. Butler
Houston, TX
B. Lee Crawford Jr.
Temple Inland Inc
Austin, TX
B. Craig Deats
Deats Durst Owen & Levy, PLLC
Austin, TX
Philip Durst
Deats Durst Owen & Levy, P.L.L.C.
Austin, TX
Melissa Essary
Baylor School Of Law
Waco, TX
Michael W. Fox
Ogletree, Deakins, Nash, Smoak & Stewart
Austin, TX
Hon. W. Royal Furgeson Jr.
United States District Judge
San Antonio, TX
Christopher H. Hahn
Vinson & Elkins LLP
Austin, TX
Amy Karff Halevy
Bracewell & Giuliani, LLP
Houston, TX
Margaret A. Harris
Butler & Harris
Houston, TX
Linda Ottinger Headley
Littler Mendelson, P.C.
Houston, TX
Charles C. High Jr.
Kemp Smith LLP
El Paso, TX
David L. Kern
Kern Law Firm, P.C.
El Paso, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
David T. Lopez
Lopez Law Firm
Houston, TX
J. Matthew Lyons
Andrews Kurth LLP
Austin, TX
Patrick J. Maher
Shannon, Gracey, Ratliff,Et Al
Fort Worth, TX
Raymond D. Martinez
Ford & Harrison LLP
Dallas, TX
Michael McLaughlin
Dell
Austin, TX
Thomas M. Melo
Attorney at Law
Houston, TX
Thomas A. Nesbitt
Fulbright & Jaworski LLP
Austin, TX
Katrina S. Patrick
Houston, TX
Jaime Ramon
Kirkpatrick & Lockhart Nicholson Graham
Dallas, TX
Vianei Lopez Robinson
Robinson Law Firm
Abilene, TX
Paul A. Schorn
Paul Schorn Attorney At Law
Lockhart, TX
Matthew R. Scott
Bell Nunnally & Martin LLP
Dallas, TX
Robert E. Sheeder
Jenkens & Gilchrist
Dallas, TX
Todd H. Silberman
Express Carriers
San Antonio, TX
Teresa S. Valderrama
Baker Botts L.L.P.
Houston, TX

Planning Committee

Rod Tanner—Chair
Tanner & Associates
Fort Worth, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Richard R. Brann
Baker Botts, L.L.P.
Houston, TX
B. Lee Crawford Jr.
Temple Inland Inc
Austin, TX
Michael J. Esposito
The University of Texas School of Law
Austin, TX
Melissa Essary
Baylor School Of Law
Waco, TX
Michael W. Fox
Ogletree, Deakins, Nash, Smoak & Stewart
Austin, TX
Linda Ottinger Headley
Littler Mendelson, P.C.
Houston, TX
Kenneth D. Hughes
Glickman & Hughes, L.L.P.
Houston, TX
John V. Jansonius
Akin, Gump, Strauss, Hauer & Feld, L.L.P
Dallas, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
Beverly Joan Luna
PUC
Austin, TX
Thomas M. Melo
Attorney at Law
Houston, TX
Thomas A. Nesbitt
Fulbright & Jaworski LLP
Austin, TX
Robert E. Sheeder
Jenkens & Gilchrist
Dallas, TX

UT Law CLE

2005 Labor and Employment Law Conference

Credit Information

MCLE Credit

Texas
13.50 hrs  |  2.50 hrs Ethics
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
Other States
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.

UT Law CLE

2005 Labor and Employment Law Conference

Key Dates

Austin

  • Last day for Standard Registration early registration: May 11, 2005
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 13, 2005
  • Last day for cancellation (partial refund): May 16, 2005
    $50 processing fee applied

UT Law CLE

2005 Labor and Employment Law Conference

Hotel / Venue

UT Law CLE

2005 Labor and Employment Law Conference

Sponsors