Welcoming Remarks

A review of important cases and hot topics in federal employment and discrimination law, including ERISA.

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

A review of employment-related issues under state law with a discussion of significant new cases.

Richard R. Carlson, Houston, TX

A review of leading edge legislative, judicial, and NLRB developments focusing on the Employee Free Choice Act, neutrality agreements, expanded definition of supervisor, and employer e-mail and fraternization policies.

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

This session will review administrative and judicial developments in disability discrimination law under the Americans with Disabilities Act and the Rehabilitation Act, including emerging issues and recommended strategies for legal counsel representing employers and persons with disabilities.

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

A discussion from a judicial perspective of the trial of employment law cases in federal court, with a question and answer session.

Hon. Andrew W. Austin, U.S. District Court for the Western District - Austin, TX

This session covers special issues involving reduced work schedules and intermittent leave, including in-depth analysis of the circumstances in which the leave may be taken, a recent case update of federal court interpretations of the applicable FMLA regulations, and best practices employers can implement now to avoid employee abuse of the reduced work schedules and intermittent leave.

G. Mark Jodon, Littler Mendelson PC - Houston, TX

This session will cover ethics and professionalism issues that arise in labor and employment law cases, including attorney-client privilege issues, ex parte access to current and former employees, pretrial investigations, inadvertent disclosure and improper acquisition of documents from opposing parties, and other issues.

Dennis P. Duffy, Baker Botts LLP - Houston, TX

15 min Break to Transition to Concurrent Sessions

With greater frequency, employers are developing creative ways to retain and compensate valued employees. Problems arise when employers do not anticipate the federal and state laws that require delayed or pro-rata payments and other restrictions on the form and manner of payment.

James Alfred Southerland, Ogletree Deakins - Houston, TX

Good policies are your first line of defense in an employment dispute. Come hear strategies for making your employee handbook complete and effective.

Vianei Lopez Robinson, Robinson Law Firm - Abilene, TX

With corporate scandals involving pretexting, controversies involving employment actions based on employees’ off-duty internet postings, and reports of compromised security allowing access to private personal information of employees, courts and legislatures are making new rules for employers. This presentation will address limitations on an employer’s ability to conduct background investigations, restrictions on an employer’s ability to monitor employee activity, and legal obligations of employers regarding the protection of employee information.

Christopher H. Hahn, Dell, Inc. - Round Rock, TX

Practical approaches to dealing with incumbent employees after the harassment complaint, the EEOC charge, the workplace injury, or the blown whistle.

Connie L. Cornell, Cornell Smith & Mierl, LLP - Austin, TX

An update on the enforceability of jury trial waivers and mandatory arbitration provisions.

Darryl Kent Carter, Glickman, Carter & Bachynsky LLP - Houston, TX

Proving or rebutting economic damage claims in employment cases where the plaintiff can, and most likely will, be re-employed requires the consideration of factors related to the plaintiff’s employment with the defendant, as well as their future labor market prospects. This presentation will discuss how loss earnings analyses and plaintiff-specific labor market studies are used to address these factors in employment litigation.

Stephanie Botello, EmployStats - Austin, TX
Dwight Steward, EmployStats - Austin, TX

Life after Desert Palace: The Evolution of Jury Charges in Mixed-Motive Cases.

Howard Lynn Steele Jr., Steele Sturm PLLC - Houston, TX

This presentation will critically consider the role of statistical evidence in establishing a pattern or practice of discrimination and the criteria courts apply to assess the sufficiency of this evidence.

Allan G. King, Littler Mendelson PC - Dallas, TX

Trial strategies including jury selection, opening arguments, direct and cross-examination, jury charge, and closing arguments will be discussed with an emphasis on employment litigation.

Charles C. High Jr., Kemp Smith LLP - El Paso, TX
Kenneth D. Hughes, The Hughes Law Firm - Houston, TX

Adjourn

A brief discussion of the positive and negative implications of diversity, distinctions, and preferences underlying employment decisions and business strategies. When is it a plus or a minus?

Robert Canino, EEOC - Dallas District Office - Dallas, TX

An overview of the Texas law of covenants not to compete, complete with an analysis of the recent landmark Sheshunoff case.

Thomas A. Nesbitt, DeShazo & Nesbitt LLP - Austin, TX

Finding creative ways to help employees deal with 21st century problems.

Kathy Butler, Butler & Harris - Houston, TX

Break

For several years, retaliation claims by current and former employees have been on the rise. The United States Supreme Court's decision last year in Burlington Northern and Santa Fe Railway Co. v. White made retaliation claims easier to prove and made their prevention far more difficult. This session reviews the current state of the law and the implications for practitioners.

Robert E. Sheeder, Bracewell & Giuliani LLP - Dallas, TX

Plaintiff's counsel and defense counsel discuss developments and administration of collective actions under the Fair Labor Standards Act and trends in class and collective action employment litigation.

John V. Jansonius, Dallas, TX

The legal blog Jottings by an Employer's Lawyer tracks million dollar verdicts in employment cases. In this session, the "tracker" of million dollar verdicts for this blog will share his insights and substantial practice experience on what employers do before and during trial that can lead to such verdicts.

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

The presentation will discuss the new attitude of employers, including the agency's new "managers in handcuffs" mantra. The presentation will provide a look behind the scenes of some of the recent ICE raids, discuss ICE's strategy for targeting contractors as a means of going after major employers, and offer a guide to what employers can do to ensure they are in compliance with federal immigration law. Practical steps for ensuring Form I-9 compliance will also be discussed.

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

Regardless of size, representing employees or employers, all employment practitioners need to know these basic principles about global employment policies and codes of conduct, expatriate employment contracts and non-compete clauses, discrimination claims, multinational employees, and resolving international employment disputes.

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

China is fast becoming the hottest and fastest growing market in the world. With amazing potential, however, comes amazingly complex and intricate employment issues, which can quickly turn profits to red ink for the unwary business. This session focuses on the top ten issues facing the multinational employer in China (PRC).

Jordan W. Cowman, Akin Gump Straus Hauer & Feld - Dallas, TX

Smoking Guns: How to use electronically stored information in employment cases, best practice, procedures, and the law surrounding computer forensics.

Rand Sluder, PricewaterhouseCoopers - Houston, TX

Adjourn