University of Texas School of Law
2008
Labor and Employment Law Conference
Austin May 29-30, 2008 Hyatt Regency Austin
Conference Concluded
Related products: eConferences, Materials

UT Law CLE

2008 Labor and Employment Law Conference

Program Features
The 2008 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

2008 Labor and Employment Law Conference

11/17/19
Schedule

Thursday Morning, May 29, 2008

Presiding Officer:
Christopher H. Hahn, Dell, Inc. - Round Rock, TX

8:00 am
Registration Opens

9:00 am

0.75 hr

Federal Law Cutting-Edge Update

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

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

9:45 am

0.50 hr

State Law Update

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

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

10:15 am
Break

10:30 am

0.50 hr

National Labor Relations Act Update

A review of the recent court and board decisions reflecting a surprising number of shifts, turns, and twists in federal labor law and policy.

Hershell L. Barnes Jr., The Barnes Law Firm, P.C. - Dallas, 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 and employers.

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

11:45 am
Luncheon Presentation

Pick Up Box Lunch
Included in conference registration fee.

Thursday Afternoon, May 29, 2008

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

12:00 pm

0.50 hr

Lessons About the Law From Outside the Law

Suggestions on trial tactics and trial strategy drawn from recent scholarship in history, philosophy, psychology, economics, baseball and football.

Keith P. Ellison, US District Court - Houston, TX

12:30 pm
Break

1:00 pm

0.50 hr

FLSA Collective Actions

A review of recent developments in wage and hour collection actions.

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

1:30 pm

0.50 hr

Retaliation Update

A review of recent decisions in retaliation cases after Burlington Northern and Santa Fe Railway Co. v. White.

Jennifer M. Trulock, Baker Botts LLP - Dallas, TX

2:00 pm
Break

CONCURRENT SESSIONS

Human Resources Track - Presiding Officer: Jason Boulette, Austin, TX

2:15 pm

0.75 hr

Interplay of Leaves and Benefits

Denise Cotter Villani, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Dallas, TX

3:00 pm

0.50 hr

Diversity Programs

Most Fortune 500 companies (and many of the law firms the retain) have diversity programs of one kind or another. These programs fun the spectrum from cultural sensitivity training to hiring and staffing intitatives. This session will explore the origins of workplace divresity and the broad range of intitiatives undertaken in the name of diversity. It will also cover how diversity differs from affirmative action and how far employers can legally go in their efforts to obtain a diverse workforce.

Kate McCormick, Littler Mendelson - Houston, TX

3:30 pm

0.50 hr

What Non-Union Employers Need to Know About The National Labor Relations Act

Traps and pitfalls for those who think the law is for union shops only.

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

4:00 pm

0.50 hr

The Current State of the Law for Internet, Blogging and Email

The latest case law and guidance on internet, blogging and email issues in the workplace.

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

4:30 pm

0.75 hr

Managing the Manager

Most employment lawsuits arise from a manager’s actions or failures to act. Holding management accountable is critical to compliance and can make all the difference.

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

Litigation/Legal Track - Presiding Officer: James H. Kizziar Jr., San Antonio, TX

2:15 pm

0.67 hr

Electronic Discovery

From theft of proprietary information to allegations of workplace discrimination, electronic evidence lies at the heart of your case. This session will address ten key things you need to know about electronic discovery and computer forensics.

Craig Ball, Attorney and Technologist, Certified Computer Forensic Examiner - Austin, TX

3:00 pm

0.50 hr

The Art and Soul of Effective Voir Dire

Three goals of an effective jury selectionlearn meaningful information from every single member of the jury panel; have more challenges for cause granted; and, intelligently exercise your precious peremptory strikes.

Robert B. Hirschhorn, Cathy E. Bennett & Associates, Inc. - Lewisville, TX

3:30 pm

0.50 hr
0.25 hr ethics

Inside-Out: Critical Stages of Litigation Through the Eyes of In-House and Outside Counsel

This presentation will discuss how in-house counsel and outside counsel approach significant questions in employment litigation such as discovery, settlement, and trial.

Christopher H. Hahn, Dell, Inc. - Round Rock, TX
Michael McLaughlin, Dell - Austin, TX

4:00 pm

0.50 hr

Reemployment and Mitigation in Calculating Back and Front Pay Loses

The speakers will discuss the special issues that arise when calculating economic damages in employment termination cases.

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

4:30 pm

0.75 hr

Trial Strategies

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

Michael W. Fox, Ogletree Deakins - Austin, TX
Kenneth D. Hughes, The Hughes Law Firm - Houston, TX

5:15 pm
Adjourn

Friday Morning, May 30, 2008

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

8:30 am

0.50 hr

Unfair Competition

Exploring the common law causes of action.

Hon. Ravi K. Sandill, 127th District Court - Houston, TX

9:00 am

0.75 hr

Choice of Law: Which Law Governs When?

In the globalized workplace, understanding which law governs the employment relationship is essential to avoiding missteps. Which law applies to an American working abroad? How about the Austin based employee whose duties take him to Silicon Valley? This session will address questions faced by multi-national and multi-state employers.

Sean M. Becker, Vinson & Elkins LLP - Houston, TX

9:45 am

0.50 hr

Religious Discrimination Law

This presentation focuses on recent religious discrimination cases and addresses the sources of protection against religious discrimination in the workplace, identification of sincerely held beliefs, and the employer's duty of reasonable accommodation.

Rod Tanner, Tanner & Associates - Fort Worth, TX

10:15 am
Break

10:30 am

0.50 hr

Military Leaves Update: USERRA and More

Military leave continues to be a hot topic. Come hear about new developments and USERRA's board requirements.

Vianei Lopez Robinson, Robinson Law Firm - Abilene, TX

11:00 am

0.75 hr ethics

Ethics and Professionalism Issues in Employment Law

An overview of the ethics and professionalism issues including conflicts of interest, ex parte communication, inadvertent disclosure, professionalism and civility rules, and ethical issues relating to settlement negotiations.

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

11:45 am
Lunch on your Own

Friday Afternoon, May 30, 2008

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

1:00 pm

0.75 hr

'No Match' Letter: National Origin Discrimination in the Immigration Age

The Department of Homeland Security's on-again, off-again Social Security "No Match" regulation exemplifies the growing tension between the call for increased immigration compliance and the fear of widespread national origin discrimination. This presentation will examine in detail the modern immigration-related obligations of employers, the recent application of the McDonnell Douglas burden-shifting analysis to discrimination claims based on employer work authorization verification efforts, the legal impact of employee profiling conducted in the name of immigration compliance, and the legal distinctions between national origin discrimination claims under Title VII and citizenship discrimination claims under Section 1981 and the Immigration Reform and Control Act. The presentation will also provide practical advice on how to comply with U.S. immigration laws without violating U.S. discrimination laws.

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

1:45 pm

0.50 hr

Untried Paths to Resolution

Getting a case to trial is increasingly difficult and law firm overhead keeps rising. It's time to try paths other than trial. Here's what's available, how to pick the best method, and when and how best to use it, from the perspective of both the employer and the employee or applicant.

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

2:15 pm
Adjourn

2:15 pm

0.50 hr

The Intersection of Criminal Law and Employment Law

Since the Enron debacle, corporate executives and their counsel have become increasingly sensitive to the convergence of civil and criminal law in the field of corporate governance. However, too little attention is often paid to employers’ potential criminal exposure for routine workplace activities, such as employee supervision, compensation and document retention. Employers should pay heed to the recent signals from Congress, the Justice Department and federal regulators warning of an increase in enforcement of federal criminal statutes in the context of employment.

David Andrew Alexander, K&L Gates LLP - Dallas, TX

UT Law CLE

2008 Labor and Employment Law Conference

Faculty

Conference Faculty

David Andrew Alexander
K&L Gates LLP
Dallas, TX
Craig Ball
Attorney and Technologist, Certified Computer Forensic Examiner
Austin, TX
Hershell L. Barnes Jr.
The Barnes Law Firm, P.C.
Dallas, TX
Sean M. Becker
Vinson & Elkins LLP
Houston, TX
Stephanie Botello
EmployStats
Austin, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Connie L. Cornell
Cornell Smith & Mierl, LLP
Austin, TX
Dennis P. Duffy
Baker Botts LLP
Houston, TX
Keith P. Ellison
US District Court
Houston, TX
Michael W. Fox
Ogletree Deakins
Austin, TX
Brian S. Greig
Fulbright & Jaworski L.L.P.
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
Robert B. Hirschhorn
Cathy E. Bennett & Associates, Inc.
Lewisville, TX
Kenneth D. Hughes
The Hughes Law Firm
Houston, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
David T. Lopez
David T. Lopez & Assoc.
Houston, TX
Kate McCormick
Littler Mendelson
Houston, TX
Michael McLaughlin
Dell
Austin, TX
Thomas A. Nesbitt
DeShazo & Nesbitt LLP
Austin, TX
Vianei Lopez Robinson
Robinson Law Firm
Abilene, TX
Hon. Ravi K. Sandill
127th District Court
Houston, TX
Robert E. Sheeder
Bracewell & Giuliani LLP
Dallas, TX
Dwight Steward
EmployStats
Austin, TX
Rod Tanner
Tanner & Associates
Fort Worth, TX
Jennifer M. Trulock
Baker Botts LLP
Dallas, TX
Denise Cotter Villani
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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, L.L.P.
Houston, TX
Connie L. Cornell
Cornell Smith & Mierl, LLP
Austin, TX
B. Lee Crawford Jr.
Temple-Inland, Inc.
Austin, TX
Michael J. Esposito
University of Texas School of Law
Austin, TX
Michael W. Fox
Ogletree Deakins
Austin, TX
Brian S. Greig
Fulbright & Jaworski L.L.P.
Austin, TX
Christopher H. Hahn
Dell, Inc.
Round Rock, TX
Linda Ottinger Headley
Littler Mendelson, P.C.
Houston, TX
Kenneth D. Hughes
The Hughes Law Firm
Houston, TX
John V. Jansonius
Akin, Gump, Strauss, Hauer & Feld, L.L.P
Dallas, TX
David T. Lopez
David T. Lopez & Assoc.
Houston, TX
Thomas M. Melo
Attorney at Law
Houston, TX
Thomas A. Nesbitt
DeShazo & Nesbitt LLP
Austin, TX
Hon. Ravi K. Sandill
127th District Court
Houston, TX
Rod Tanner
Tanner & Associates
Fort Worth, TX

UT Law CLE

2008 Labor and Employment Law Conference

Credit Information

MCLE Credit

Texas
11.75 hrs  |  1.00 hrs Ethics
Legal Specialization(s): 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.  
California
11.75 hrs  |  1.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
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
10.50 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
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

2008 Labor and Employment Law Conference

Key Dates

Austin

  • Last day for Standard Registration early registration: May 21, 2008
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 23, 2008
  • Last day for cancellation (partial refund): May 26, 2008
    $50 processing fee applied

UT Law CLE

2008 Labor and Employment Law Conference

Hotel / Venue

Austin

Hyatt Regency Austin

208 Barton Springs Road
Austin, TX
512.477.1234 (reservations)

Accommodations

$159.00 good through Apr 28, 2008

Parking Information

$5 self parking

UT Law CLE

2008 Labor and Employment Law Conference

Sponsors