University of Texas School of Law
14th Annual
Labor and Employment Law Conference
Austin May 17-18, 2007 Hyatt Regency Austin
Conference Concluded
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UT Law CLE

2007 Labor and Employment Law Conference

Program Features
The 2007 Labor and Employment Law Conference brings together leading members of the employment bench and bar, along with HR and personnel experts, for two days of presentations and discussions. You'll take away the latest cases, regulatory updates, practice aids, and strategic guidance for advisors and HR professionals—along with a superb set of course materials. Don't miss it!

UT Law CLE

2007 Labor and Employment Law Conference

11/22/19
Schedule

Thursday Morning, May 17, 2007

Presiding Officer:
Kenneth D. Hughes, The Hughes Law Firm - Houston, TX

8:00 am
Registration opens

8:50 am
Welcoming Remarks

Welcoming Remarks

9:00 am

0.50 hr

Federal Law Update

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

9:30 am

0.50 hr

State Law Update

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

Richard R. Carlson, Houston, TX

10:00 am

0.25 hr

Break

10:15 am

0.75 hr

National Labor Relations Act Update

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

11:00 am

0.75 hr

Developments in Disability Discrimination Law

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

Thursday Afternoon, May 17, 2007

12:00 pm

0.50 hr
0.25 hr ethics

Employment Cases: View From the Bench

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

1:00 pm

0.50 hr

Employment Leave: Special Issues Involving Reduced Work Schedules and Intermittent Leave

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

1:30 pm

0.75 hr ethics

Ethics and Professionalism Issues in Labor and Employment Law Cases

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

2:15 pm
15 min Break to Transition to Concurrent Sessions

15 min Break to Transition to Concurrent Sessions

Track A: Human Resources

2:30 pm

0.50 hr

Creative Compensation: Navigating the Statutory and Case Law Limits on Incentive, Bonus, and Retention Programs

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

3:00 pm

0.50 hr

Extreme Makeovers: Employee Handbooks

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

3:30 pm

0.75 hr

Employee Privacy Rights

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

4:15 pm

1.00 hr

Working with the Enemy: Avoiding Retaliation

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

Track B: Legal

2:30 pm

0.50 hr

Arbitration and Jury Waivers

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

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

3:00 pm

0.50 hr

Calculating, Proving and Mitigating Damages Involving Re-Employment

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

3:30 pm

0.50 hr

Jury Charge Practice in Mixed-Motive Cases

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

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

4:00 pm

0.50 hr

The Effective Use of Statistics in Proving or Disproving a Pattern or Practice of Discrimination

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

4:30 pm

0.75 hr

Trial Strategies

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

5:15 pm
Adjourn

Adjourn

Friday Morning, May 18, 2007

Presiding Officer:
Brian S. Greig, Fulbright & Jaworski L.L.P. - Austin, TX

9:00 am

0.50 hr

"Discriminating Tastes" at Work * Good or Bad?

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

9:30 am

0.50 hr
0.25 hr ethics

Non-Competes

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

10:00 am

0.50 hr

Emerging Employment Law Causes of Action

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

Kathy Butler, Butler & Harris - Houston, TX

10:30 am
Break

Break

10:45 am

0.50 hr

Retaliation

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

11:15 am

0.75 hr

Pursuing and Defending FLSA Collective Actions

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

Friday Afternoon, May 18, 2007

Presiding Officer:
Jason Boulette, Boulette & Golden L.L.P. - Austin, TX

1:00 pm

0.50 hr

Anatomy of a Million Dollar Verdict: How to Lose (or Win) One

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

1:30 pm

0.50 hr

Illegal Employment-The New Age of ICE Enforcement

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

2:00 pm

0.50 hr

Going Global

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

2:30 pm

0.33 hr

Employment in China (PRC): Top Ten Issues

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

2:50 pm

0.50 hr

Computer Forensics in Employment Cases

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

3:20 pm
Adjourn

Adjourn

UT Law CLE

2007 Labor and Employment Law Conference

Faculty

Conference Faculty

Hon. Andrew W. Austin
U.S. District Court for the Western District
Austin, TX
Stephanie Botello
EmployStats
Austin, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Kathy Butler
Butler & Harris
Houston, TX
Robert Canino
EEOC - Dallas District Office
Dallas, TX
Richard R. Carlson
Houston, TX
Darryl Kent Carter
Glickman, Carter & Bachynsky LLP
Houston, TX
Connie L. Cornell
Cornell Smith & Mierl, LLP
Austin, TX
Jordan W. Cowman
Akin Gump Straus Hauer & Feld
Dallas, TX
Dennis P. Duffy
Baker Botts LLP
Houston, TX
Michael W. Fox
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX
Christopher H. Hahn
Dell, Inc.
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
The Hughes Law Firm
Houston, TX
John V. Jansonius
Dallas, TX
G. Mark Jodon
Littler Mendelson PC
Houston, TX
Allan G. King
Littler Mendelson PC
Dallas, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
David T. Lopez
David T. Lopez & Assoc.
Houston, TX
Thomas A. Nesbitt
DeShazo & Nesbitt LLP
Austin, TX
Vianei Lopez Robinson
Robinson Law Firm
Abilene, TX
Robert E. Sheeder
Bracewell & Giuliani LLP
Dallas, TX
Rand Sluder
PricewaterhouseCoopers
Houston, TX
James Alfred Southerland
Ogletree Deakins
Houston, TX
Howard Lynn Steele Jr.
Steele Sturm PLLC
Houston, TX
Dwight Steward
EmployStats
Austin, TX
Rod Tanner
Tanner & Associates, P.C.
Fort Worth, TX

Planning Committee

Kenneth D. Hughes—Chair
The Hughes Law Firm
Houston, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Richard R. Brann
Baker Botts, L.L.P.
Houston, TX
Darryl Kent Carter
Glickman, Carter & Bachynsky LLP
Houston, TX
Connie L. Cornell
Cornell Smith & Mierl, LLP
Austin, TX
Bernard Lee Crawford Jr.
Temple-Inland, Inc.
Austin, TX
Philip Durst
Deats Durst Owen & Levy, P.L.L.C.
Austin, TX
Michael W. Fox
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX
Brian S. Greig
Fulbright & Jaworski L.L.P.
Austin, TX
Christopher H. Hahn
Dell, Inc.
Round Rock, TX
Douglas E. Hamel
Vinson & Elkins L.L.P.
Houston, TX
Linda Ottinger Headley
Littler Mendelson, P.C.
Houston, TX
Charles C. High Jr.
Kemp Smith LLP
El Paso, TX
John V. Jansonius
Dallas, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
David T. Lopez
David T. Lopez & Assoc.
Houston, TX
Beverly Joan Luna
Public Utility Commission Of Texas
Austin, TX
Thomas M. Melo
Houston, TX
Thomas A. Nesbitt
DeShazo & Nesbitt LLP
Austin, TX
Robert E. Sheeder
Bracewell & Giuliani LLP
Dallas, TX
Rod Tanner
Tanner & Associates, P.C.
Fort Worth, TX

UT Law CLE

2007 Labor and Employment Law Conference

Credit Information

MCLE Credit

Texas
12.00 hrs  |  1.25 hrs Ethics
Legal Specialization(s): Civil Trial Law, Labor and Employment Law
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.

Other Credit

Human Resources PHR/SPHR/GPHR
12.00 hrs
Additional Information
This activity has been approved for recertification credit hours toward California, GPHR, HRBP, HRMP, PHR and SPHR recertification through the HR Certification Institute. A HRCI Certificate with the activity ID number will be included as part of the course materials provided at the conference. This type of accreditation (HRCI) is only available for live conferences, and does not apply to live webcasts.

For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org
TX Accounting CPE
14.00 hrs  |  1.00 hrs Ethics
Additional Information
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 will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

UT Law CLE

2007 Labor and Employment Law Conference

Key Dates

Austin

  • Last day for Standard Registration early registration: May 9, 2007
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 9, 2007
  • Last day for cancellation (partial refund): May 14, 2007
    $50 processing fee applied

UT Law CLE

2007 Labor and Employment Law Conference

Hotel / Venue

Austin

Hyatt Regency Austin

208 Barton Springs Road
Austin, TX
512.477.1234 (reservations)

Accommodations

$145.00 good through Apr 25, 2007

Parking Information

$5 self-parking

UT Law CLE

2007 Labor and Employment Law Conference

Sponsors