University of Texas School of Law
16th Annual
Labor and Employment Law Conference
Austin May 28-29, 2009 Hyatt Regency Austin
Conference Concluded
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UT Law CLE

2009 Labor and Employment Law Conference

Program Features
The 2009 conference brings together leading members of the employment bar along with HR and personnel experts for two days of presentations, practice, advice and discussions on current employment law issues.

This year's program includes special coverage of recently enacted and imminent legislation of the Obama administration including the Employee Free Choice Act, Lilly Ledbetter's Fair Pay, FMLA and the increased role of traditional labor law.

UT Law CLE

2009 Labor and Employment Law Conference

11/15/19
Schedule

Thursday Morning, May 28, 2009

Presiding Officer:
Thomas A. Nesbitt, DeShazo & Nesbitt LLP - Austin, TX

8:00 am
Registration Opens

Includes continental breakfast.

8:50 am
Welcoming Remarks

9:00 am

0.75 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

9:45 am

0.75 hr

Federal Law Update

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

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

10:30 am
Break

10:45 am

0.75 hr

Disability Law Update

This session reviews legislative, administrative, and judicial developments in disability discrimination law under the Americans with Disabilities Act and the Rehabilitation Act, including the ADA Amendments Act and recommended strategies for legal counsel and employers.

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

11:30 am

0.75 hr

Recent Developments and Special Issues Involving Governmental Employees

This presentation, by a governmental HR Director and an employment lawyer, analyzes recent legal developments involving governmental employees and the special issues that government agencies and HR personnel must deal with. 

Philip Durst, Deats, Durst, Owen & Levy, P.L.L.C. - Austin, TX
Janine Mays, Texas Lottery Commission - Austin, TX

Thursday Afternoon, May 28, 2009

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

Luncheon Presentation

12:15 pm
Pick up Box Lunch

Included in conference registration fee.

12:30 pm

0.50 hr

Is a Union in Your Future?

What makes a company a good target? A union organizer talks about target selection for organizing campaigns.

Michael Murphy, Austin, TX

1:00 pm
Break

1:15 pm

0.50 hr

2009 Labor Law Surprises for the Non-Union and Union Employer

With a new President who proclaims that organized labor is "part of the solution" to the nation's economic problems, prudent employers and their counsel are focusing on traditional labor law as never before. This presentation discusses some aspects of the law which may surprise even the most experienced human resources and legal professionals, provides updates on recent developments, and predicts issues which will come before the Obama NLRB.

T. J. Wray, Fulbright & Jaworski - Houston, TX

1:45 pm

0.50 hr

Understanding and Preparing for a Brave New World—The Employee Free Choice Act

At press time, Congress is considering, but has not passed, the Employee Free Choice Act. If passed, EFCA could result in dramatic changes to the National Labor Relations Act. This presentation provides a labor and a management perspective on the potential or actual amendments.

Thomas A. Nesbitt, DeShazo & Nesbitt LLP - Austin, TX
Rod Tanner, Tanner & Associates, P.C. - Fort Worth, TX

2:15 pm
Break

TRACK A: HUMAN RESOURCES

Presiding Officer:
Jason Boulette, Boulette & Golden L.L.P. - Austin, TX
2:30 pm

0.50 hr

Internal Investigations: Best Practices and Recent Developments

A review of considerations that employers should take into account in addressing their obligations to complaining parties, accused employees, and their co-workers.

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

3:00 pm

0.50 hr

Wage and Hour Pitfalls & Pratfalls

Learn how to avoid problems created by some of the more counter-intuitive aspects of wage and hour litigation. The discussion includes instructions on how to avoid pleading traps, make the essential filings, and understand who bears the burden of proof (and when).

Richard J. (Rex) Burch, Bruckner Burch PLLC - Houston, TX

3:30 pm

0.50 hr

Benefits 101: an Overview of ERISA Issues Facing Employers Today

A non-technical discussion of current ERISA and COBRA issues, including Section 409A, ERISA governance, current ERISA litigation topics, and "when is a plan an ERISA plan?"

Mark Stephen Miller, Fulbright & Jaworski L.L.P. - Houston, TX

4:00 pm

0.75 hr

Managing Employee Leaves of Absence: The Top 10 Legal Pitfalls

When employees are on leave it’s up to HR to communicate, document, strategize, and avoid legal snafus. Here are the top 10 traps for the unwary.

Vianei Lopez Robinson, Robinson Law Firm - Abilene, TX

TRACK B: LITIGATION/LEGAL

Presiding Officer:
James H. Kizziar Jr., Bracewell & Giuliani LLP - San Antonio, TX
2:30 pm

0.50 hr

Lilly Ledbetter’s Fair Pay: Expanding Limitations and Continuing Violations

A discussion regarding the Lilly Ledbetter Fair Pay Act of 2009 and its impact (and potential impact) on limitations and the continuing violation doctrine in employment law cases.

Shannon Brown Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX

3:00 pm

0.50 hr

Trial Strategies in Employment Cases

How will trial strategies be affected by the economic crisis? Will the new administration have an effect on trial strategies? Recent significant cases that may affect trials including jury selection and Batson challenges, the use of new technology in witness examination and arguments; all major aspects of trials will be discussed.

Kenneth D. Hughes, The Hughes Law Firm - Houston, TX
William Jackson Wisdom Jr., Martin, Disiere, Jefferson & Wisdom, L.L.P. - Houston, TX

3:30 pm

0.50 hr
0.25 hr ethics

Getting to Yes: Creative, Ethical, and Effective Settlement Releases

A discussion of appropriate terms for settlement agreements of employment claims that include ethical and effective releases.

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

4:00 pm

0.75 hr ethics

Ethics Update for Employment Lawyers

Update on ethics issues including conflicts of interests, representation of insured clients in employment practice liability insurance matters, inadvertent disclosure rules, attorney-client privilege and waiver issues, meta data issues, and ethical issues relating to settlement discussions.

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

Concurrent Sessions

4:45 pm
Adjourn

Friday Morning, May 29, 2009

Presiding Officer:
Dennis P. Duffy, Baker Botts LLP - Houston, TX

9:00 am

0.50 hr
0.25 hr ethics

Showing (and Getting) the Money

From the perspective of an experienced plaintiff's trial attorney, an outline of how to compile and prove all elements of damages, as well as suggestions on setting the client attorney's fees and recovering attorney's fees in the final judgment.

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

9:30 am

0.50 hr

Current Retaliation Issues: What Can Help You or Hurt You from the Perspective of Plaintiff’s Counsel

Despite recent developments, including three U.S. Supreme Court decisions and significant new statutory whistleblower protection, the same old issues continue to arise in retaliation cases. Join these Plaintiff’s attorneys for an overview of significant recent developments, what you may not know about retaliation protection under labor laws, and practice tips and practical advice on what makes most any retaliation case better or worse from initial management decisions through litigation.

Amy Gibson, Gibson Wiley Cho, PLLC - Dallas, TX
Amanda Lea Reichek, Tanner and Associates, P.C. - Fort Worth, TX

10:00 am

0.50 hr

2009 Immigration Update for Employers

This session provides a detailed look at the E-Verify program and the status of the on-again, off-again rule requiring E-Verify participation for federal contractors. Also includes an update on the status of the Social Security No Match regulation, the new Form I-9, and the DOL's new enforcement initiatives for employers who use foreign workers.

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

10:30 am
Break

10:45 am

0.50 hr
0.25 hr ethics

Web 2.0 and Employment Law: Blogs, Facebook, and More

As the web becomes ever more present, legal implications of employees' presence on the web through blogs and other forms of social media evolve almost daily. The benefits and hazards for employees, employers, and those who represent them are covered.

Michael W. Fox, Ogletree Deakins - Austin, TX

11:15 am

0.50 hr
0.25 hr ethics

Unfair Competition 

An exploration of the common law causes of action.

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

11:45 am
Lunch on Your Own

Friday Afternoon, May 29, 2009

Presiding Officer:
Richard R. Brann, Houston, TX

1:00 pm

0.50 hr
0.25 hr ethics

FLSA Collective Actions

A review of recent developments in Wage and Hour Collective Actions.

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

1:30 pm

1.00 hr

RIFs and Other Ways to Cut Labor Costs

An analysis of reductions in force and other ways of cutting labor costs, taking into consideration the legal issues as well as the practicalities of carrying out the plan.

Panelists:
Connie L. Cornell, Cornell Smith & Mierl, LLP - Austin, TX
Panelists:
Christopher H. Hahn, Dell, Inc. - Round Rock, TX
Panelists:
Erin Klaich Kitchen, Dell Inc. - Round Rock, TX

2:30 pm

0.75 hr

The Family and Medical Leave Act of 1993: New Regulations and Recent Opinions

A discussion of the U.S. Department of Labor’s changes to the FMLA regulations and an analysis of the latest significant court interpretations and applications of the FMLA.

Clara "C.B." Burns, Kemp Smith LLP - El Paso, TX
David Linwayne Wiley, Gibson Wiley Cho, PLLC - Dallas, TX

3:15 pm
Adjourn

UT Law CLE

2009 Labor and Employment Law Conference

Faculty

Conference Faculty

Sean M. Becker
Vinson & Elkins LLP
Houston, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Richard J. (Rex) Burch
Bruckner Burch PLLC
Houston, TX
Clara "C.B." Burns
Kemp Smith LLP
El Paso, TX
Connie L. Cornell
Cornell Smith & Mierl, LLP
Austin, TX
Dennis P. Duffy
Baker Botts LLP
Houston, TX
Philip Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Michael W. Fox
Ogletree Deakins
Austin, TX
Amy Gibson
Gibson Wiley Cho, PLLC
Dallas, 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
Erin Klaich Kitchen
Dell Inc.
Round Rock, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
David T. Lopez
David T. Lopez & Assoc.
Houston, TX
Janine Mays
Texas Lottery Commission
Austin, TX
Mark Stephen Miller
Fulbright & Jaworski L.L.P.
Houston, TX
Michael Murphy
Austin, TX
Thomas A. Nesbitt
DeShazo & Nesbitt LLP
Austin, TX
Amanda Lea Reichek
Tanner and Associates, P.C.
Fort Worth, TX
Vianei Lopez Robinson
Robinson Law Firm
Abilene, TX
Shannon Brown Schmoyer
Schmoyer Reinhard LLP
San Antonio, TX
Robert E. Sheeder
Bracewell & Giuliani LLP
Dallas, TX
Howard Lynn Steele Jr.
Steele Sturm PLLC
Houston, TX
Rod Tanner
Tanner & Associates, P.C.
Fort Worth, TX
Jennifer M. Trulock
Baker Botts LLP
Dallas, TX
David Linwayne Wiley
Gibson Wiley Cho, PLLC
Dallas, TX
William Jackson Wisdom Jr.
Martin, Disiere, Jefferson & Wisdom, L.L.P.
Houston, TX
T. J. Wray
Fulbright & Jaworski
Houston, TX

Planning Committee

Thomas A. Nesbitt—Chair
DeShazo & Nesbitt LLP
Austin, TX
Sean M. Becker
Vinson & Elkins LLP
Houston, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Richard R. Brann
Houston, TX
Kathy Butler
Butler & Harris
Houston, TX
Connie L. Cornell
Cornell Smith & Mierl, LLP
Austin, TX
Dennis P. Duffy
Baker Botts LLP
Houston, TX
Philip Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Michael W. Fox
Ogletree Deakins
Austin, TX
Amy Gibson
Gibson Wiley Cho, PLLC
Dallas, TX
Andrew S. Golub
Dow Golub Berg & Beverly LLP
Houston, 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
Kenneth D. Hughes
The Hughes Law Firm
Houston, TX
John V. Jansonius
Dallas, TX
Erin Klaich Kitchen
Dell Inc.
Round Rock, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
Felicia Harris Kyle
Sutherland Asbill & Brennan LLP
Houston, TX
David T. Lopez
David T. Lopez & Assoc.
Houston, TX
Amanda Lea Reichek
Tanner and Associates, P.C.
Fort Worth, TX
Ravi K. Sandill
127th District Court
Houston, TX
Robert E. Sheeder
Bracewell & Giuliani LLP
Dallas, TX
Howard Lynn Steele Jr.
Steele Sturm PLLC
Houston, TX
Rod Tanner
Tanner & Associates, P.C.
Fort Worth, TX
T. J. Wray
Fulbright & Jaworski
Houston, TX

UT Law CLE

2009 Labor and Employment Law Conference

Credit Information

MCLE Credit

Texas
11.50 hrs  |  2.00 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
11.50 hrs  |  2.00 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

TX Accounting CPE
13.00 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

2009 Labor and Employment Law Conference

Key Dates

Austin

  • Last day for Standard Registration early registration: May 20, 2009
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 22, 2009
  • Last day for cancellation (partial refund): May 26, 2009
    $50 processing fee applied

UT Law CLE

2009 Labor and Employment Law Conference

Hotel / Venue

Austin

Hyatt Regency Austin

208 Barton Springs Road
Austin, TX
512.477.1234 (reservations)

Accommodations

$169.00 good through Apr 27, 2009

Parking Information

$5 Event Self-Parking

UT Law CLE

2009 Labor and Employment Law Conference

Sponsors