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14th Annual

Labor and Employment Law Conference

Austin May 17-18, 2007 Hyatt Regency Austin
Conference Concluded
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Overview

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!

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Event Schedule

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

  • Day 1 May 17, 2007
  • Day 2 May 18, 2007
  • Time
    Credit
    Subject
    Speaker
  • 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

  • Time
    Credit
    Subject
    Speaker
  • 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

  • Day 1 May 17, 2007
  • Day 2 May 18, 2007
Download Schedule

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

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 12.00 hrs  |  1.25 hrs Ethics
Legal Specialization(s): 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.
Other Credit
Toggle view Human Resources PHR/SPHR/GPHR – 12.00 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 – 14.00 hrs  |  1.00 hrs Ethics
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 17-18, 2007 – Hyatt Regency Austin
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $475.00 Regular pricing: May 9, 2007

$525.00 for registrations received after this time

Last day for cancellation (full refund): May 9, 2007

$50 processing fee applied after this date

Last day for cancellation: May 14, 2007

Venue

speaker

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

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

  • Thomas M. Melo

    Thomas M. Melo
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