University of Texas School of Law
17th Annual
Labor and Employment Law Conference
Austin May 20-21, 2010 Hyatt Regency Austin
Conference Concluded
Related products: eConferences, Materials

UT Law CLE

2010 Labor and Employment Law Conference

Program Features
Join leading members of the employment law 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 state and federal legislation including the impact of health care legislation on employers.

UT Law CLE

2010 Labor and Employment Law Conference

11/19/19
Schedule

Thursday Morning, May 20, 2010

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

8:00 am
Registration Opens

Includes continental breakfast.

8:50 am
Welcoming Remarks

9:00 am

0.75 hr

Texas State Employment 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 Employment Law Update

A look back at the first year of the new administration and a review of important cases, legislative developments, and the changing landscape in employment law.

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

10:30 am
Break

10:45 am

0.50 hr

Developments in Disability Discrimination Law

This session reviews developments in disability discrimination law, including significant changes from the Americans with Disabilities Act amendments and court decisions on disability issues.

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

11:15 am

0.75 hr

Trends and Developments in Labor Law

An overview of recent labor law precedent and proposed legislation and a preview of what to expect in the coming year. This session explores the ramifications of emerging labor law trends for both the unionized and non-unionized employer.

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

Thursday Afternoon, May 20, 2010

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

Luncheon Presentation

12:00 pm
Pick up Box Lunch

Included in conference registration fee.

12:15 pm

0.75 hr

Federal Health Care Reform: Where Are We Now and What's Ahead for Employers?

An analysis and discussion of federal health care reform efforts, with particular attention to expected changes for employers and employees under the most likely legislative scenarios, including cost-reduction efforts.

Glen A. Reed, King & Spalding LLP - Atlanta, GA

1:00 pm
Break

1:15 pm

0.50 hr

Ricci v. DeStefano: The Intersection Between Disparate-Treatment Liability and Disparate-Impact Liability

Counsel for the firefighters discusses their successful appeal to the Supreme Court challenging the City of New Haven’s decision to reject the results of a civil-service selection process on the basis of the racial distribution of the results. The discussion focuses on the Justices’ attempt to reconcile Title VII’s articulation of the two theories of liability and the opinion’s ramifications for Title VII.

Dori Kornfeld Goldman, Yetter, Warden & Coleman, LLP - Houston, TX

1:45 pm

0.75 hr ethics

Managing Social Media: From Baby Boomers to Gen-Y

This session provides an overview of the use of social media by employees, employers, labor unions and lawyers, and the emerging legal issues associated with same. Also discussed, the issues associated with regulating the use of social media both inside and outside of the workplace, and an examination of sample social media policies.

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

2:30 pm
Break

Track A: HUMAN RESOURCES

Presiding Officer:
Thomas A. Nesbitt, DeShazo & Nesbitt LLP - Austin, TX
2:45 pm

0.50 hr

Managing the Manager

How do human resource professionals work with and "manage" the company's managers when it comes to personnel issues? Who gets to have the final say? Can HR trump management? How does HR do its job if managers know they do not have to follow its advice?  Are compliance with HR policies and working well with HR factors that managers are evaluated on?  Should they be? What motivates managers to good citizenship on employment matters? This presentation addresses the "tough issues" and provides practical guidance on how to successfully "manage the manager."

Teri L. Danish, Colvin, Chaney, Saenz & Rodriguez, LLP - Brownsville, TX

3:15 pm

0.75 hr

Managing Employee Leaves of Absence: The Top Ten Legal Pitfalls

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

Vianei Lopez Robinson, Buck Keenan, LLP - Houston, TX

4:00 pm

0.50 hr

Immigration Issues for Employers: Current Developments with E-Verify

The latest information on E-Verify and its implications for employers.

Clara "C. B." Burns, Kemp Smith LLP - El Paso, TX

4:30 pm

0.75 hr

Announcing "The Fix": Challenges and Strategies for Communicating New Policies and the Resolution of Employment Disputes

Communicating about the outcome of an employment dispute, or a change in policy driven by liability considerations, poses real challenges both within and outside the organization. This session focuses on strategies and tips for deciding who, what, when and how to handle these communications effectively to minimize potential risk and maximize potential benefits to the organization.

B. Lee Crawford Jr., City of Austin Law Department - Austin, TX
Jeff Hahn, Hahn, Texas - Austin, TX
Thomas A. Nesbitt, DeShazo & Nesbitt LLP - Austin, TX

Track B: LITIGATION

Presiding Officer:
Rod Tanner, Tanner & Associates, P.C. - Fort Worth, TX
2:45 pm

0.50 hr

Effective Use of Evidence in Pursuing and Defending Employment Claims

"If I can get that evidence before the jury, we're looking good. How do I get it admitted?" "If the judge lets that into evidence, we might as well go home now. How do I keep it out?" A perspective from each side on recurring evidentiary issues such as alleged discrimination against other employees; proof that shows motive, or mixed motives; a party's conduct/speech before the limitations period, or after the event in question; after-acquired evidence; expert testimony and Daubert challenges; and lay opinion testimony.

Dennis P. Duffy, Baker Botts L.L.P. - Houston, TX
Margaret A. Harris, Butler & Harris - Houston, TX

3:15 pm

0.50 hr

Effective Pleading and Discovery in Employment Cases

Beyond Twombly and Iqbal: Effective pleading and discovery techniques in employment cases from counsel on both sides of the pleadings.

Amy Gibson, Gibson Wiley PLLC - Dallas, TX
Christina A. Jump, Akin Gump Strauss Hauer & Feld LLP - Dallas, TX

3:45 pm

0.50 hr

E-Discovery: Avoiding Excessive Costs and Burdens in Smaller Cases

This session explores strategies to limit the potentially excessive costs and burdens associated with discovery of electronically-stored information in single-plaintiff and other smaller employment cases. The session also offers practical suggestions to streamline e-discovery where its cost is disproportionate to the amount in controversy.

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

4:15 pm

0.50 hr

Pleading, Proving and Collecting Damages in Employment Cases

Two experienced plaintiff attorneys present a comprehensive approach to analyzing, pleading and proving all elements of damages in employment cases, with suggestions on how preparation of appropriate damage models can maximize results and assist the parties in attempting a resolution.

David T. Lopez, David T. Lopez & Assoc. - Houston, TX
Rod Tanner, Tanner & Associates, P.C. - Fort Worth, TX

4:45 pm

0.50 hr

Recent Cases and Trends on the Issue of Attorney's Fees

Whether you are seeking to maximize, minimize or eliminate fee recovery, this session discusses recent cases and issues on the questions of attorney's fee recovery (and expenses) and the issues and trends in how the appellate courts are dealing with this issue.

Philip Durst, Deats, Durst, Owen & Levy, P.L.L.C. - Austin, TX

5:15 pm
Adjourn

Friday Morning, May 21, 2010

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

8:00 am
Conference Room Opens

Includes continental breakfast.

9:00 am

0.50 hr ethics

Effective Mediation Strategies and Techniques for Employment Cases

Most employment cases settle before trial.  Most of those settlements occur at mediation.  These strategies and techniques will assist you in cutting the best deal for your client.

Session previously scheduled for 2:45 pm Friday, May 21, 2010

Patrick Keel, Mediator-Arbitrator - Austin, TX

9:30 am

0.50 hr

Employment Contracts and Severance Agreements, including Section 409A

Representing employees in negotiating and drafting employment contracts and separation agreements with an emphasis on executive-level issues.

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

10:00 am

0.50 hr

Emerging Gender Identity Issues

Dealing with gender identity and sexual orientation issues in the workplace can be challenging.  How are employers and the courts handling the individual and societal metamorphosis?

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

10:30 am
Break

10:45 am

0.50 hr

A Double Take on Unfair Competition: An Examination of TROs and TIs from both Sides of the Bench

A discussion between judge and counsel on effective advocacy for and against temporary injunctive relief, i.e., TROs and TIs, involving unfair competition.

Hon. Ravi K. Sandill, 127th District Court - Houston, TX
Howard Lynn Steele Jr., Steele Sturm PLLC - Houston, TX

11:15 am

0.50 hr

A Compendium of Whistleblower Statuses and Provisions

This session summarizes and outlines the many whistleblower provisions available to employment lawyers and includes a comprehensive list of these provisions as a resource for employment lawyers on both sides of the bar.

Kenneth D. Hughes, The Hughes Law Firm - Houston, TX

11:45 am

0.50 hr

Retaliation

An update and review of the law of retaliation, from the plaintiff and defendant perspectives.

Sherrard L. (Butch) Hayes II, Fulbright & Jaworski L.L.P. - Austin, TX
Katrina S. Patrick, Law Offices of Katrina Patrick - Houston, TX

Friday Afternoon, May 21, 2010

Presiding Officer:
Richard R. Brann, Baker Botts, L.L.P. - Houston, TX

12:15 pm
Lunch on your Own

1:30 pm

0.50 hr

EEOC and DOL "Stimulus Package": Will They Come Knocking Soon?

The EEOC and DOL, buoyed by increased funding and manpower, have significantly stepped up their enforcement efforts against employers of all sizes. Learn how these new efforts are affecting employers, what types of issues are being targeted, and what counsel can do to assist their clients through the process.

Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX

2:00 pm

0.75 hr ethics

Asserting and Defending Claims of Low-Wage Immigrant Workers: Cutting-Edge Practice, Ethics Issues, and Pro Bono Opportunities

Low-wage workers are increasingly gaining access to the legal system to assert wage-hour and other employment claims, spurred by new initiatives from government, non-profit legal action organizations, private law firms, and pro bono counsel. A large proportion of these claims involve immigrant workers—both documented and undocumented. This session explores the evolving substantive, procedural, and practice issues applicable to such cases; the complex interplay between employment and immigration laws; the special ethical challenges that confront plaintiffs’ and defense counsel; and new opportunities for private pro bono counsel to become active in this practice area.

Bill Beardall, Equal Justice Center and The University of Texas School of Law Transnational Worker Rights Clinic - Austin, TX
Additional Speaker TBA

2:45 pm

0.50 hr

Who's My Employer? Who's My Employee? It's Not That Easy

This most fundamental question for employment law practitioners has many different facets that can vary based not only on the facts, but on the applicable law. This session covers topics from the distinction between employees and independent contractors to the mysteries of joint employers, and points in between.

Session previously scheduled for 9:00 am Friday, May 21, 2010

Michael W. Fox, Ogletree Deakins - Austin, TX

3:15 pm
Adjourn

UT Law CLE

2010 Labor and Employment Law Conference

Faculty

Conference Faculty

Bill Beardall
Equal Justice Center and The University of Texas School of Law Transnational Worker Rights Clinic
Austin, TX
Sean M. Becker
Vinson & Elkins LLP
Houston, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Clara "C. B." Burns
Kemp Smith LLP
El Paso, TX
Darryl Carter
Glickman, Carter & Bachynsky LLP
Houston, TX
Connie L. Cornell
Cornell Smith & Mierl, LLP
Austin, TX
B. Lee Crawford Jr.
City of Austin Law Department
Austin, TX
Teri L. Danish
Colvin, Chaney, Saenz & Rodriguez, LLP
Brownsville, TX
Dennis P. Duffy
Baker Botts L.L.P.
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 PLLC
Dallas, TX
Dori Kornfeld Goldman
Yetter, Warden & Coleman, LLP
Houston, TX
Christopher H. Hahn
Dell, Inc.
Round Rock, TX
Jeff Hahn
Hahn, Texas
Austin, TX
Margaret A. Harris
Butler & Harris
Houston, TX
Sherrard L. (Butch) Hayes II
Fulbright & Jaworski L.L.P.
Austin, 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
Christina A. Jump
Akin Gump Strauss Hauer & Feld LLP
Dallas, TX
Patrick Keel
Mediator-Arbitrator
Austin, 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
Katrina S. Patrick
Law Offices of Katrina Patrick
Houston, TX
Glen A. Reed
King & Spalding LLP
Atlanta, GA
Vianei Lopez Robinson
Buck Keenan, LLP
Houston, TX
Hon. Ravi K. Sandill
127th District Court
Houston, TX
Shannon B. Schmoyer
Schmoyer Reinhard LLP
San Antonio, TX
Howard Lynn Steele Jr.
Steele Sturm PLLC
Houston, TX
Rod Tanner
Tanner & Associates, P.C.
Fort Worth, TX
Additional Speaker TBA

Planning Committee

Jason Boulette—Chair
Boulette & Golden L.L.P.
Austin, TX
Bill Beardall
Equal Justice Center and The University of Texas School of Law Transnational Worker Rights Clinic
Austin, TX
Sean M. Becker
Vinson & Elkins LLP
Houston, TX
Richard R. Brann
Baker Botts, L.L.P.
Houston, TX
Kathy Butler
Butler & Harris
Houston, TX
Darryl Carter
Glickman, Carter & Bachynsky LLP
Houston, TX
Connie L. Cornell
Cornell Smith & Mierl, LLP
Austin, TX
B. Lee Crawford Jr.
City of Austin Law Department
Austin, TX
Dennis P. Duffy
Baker Botts L.L.P.
Houston, TX
Philip Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Michael J. Esposito
The University of Texas School of Law
Austin, TX
Michael W. Fox
Ogletree Deakins
Austin, TX
Amy Gibson
Gibson Wiley PLLC
Dallas, TX
Christopher H. Hahn
Dell, Inc.
Round Rock, TX
Sherrard L. (Butch) Hayes II
Fulbright & Jaworski L.L.P.
Austin, 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
Akin, Gump, Strauss, Hauer & Feld, L.L.P
Dallas, 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
Thomas A. Nesbitt
DeShazo & Nesbitt LLP
Austin, TX
Vianei Lopez Robinson
Buck Keenan, LLP
Houston, TX
Hon. 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
R. Paul Yetter
Yetter, Warden & Coleman, LLP
Houston, TX

UT Law CLE

2010 Labor and Employment Law Conference

Credit Information

MCLE Credit

Texas
12.00 hrs  |  2.00 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.  
California
12.00 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

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
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

2010 Labor and Employment Law Conference

Key Dates

Austin

  • Last day for Standard Registration early registration: May 12, 2010
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 14, 2010
  • Last day for cancellation (partial refund): May 17, 2010
    $50 processing fee applied

UT Law CLE

2010 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 May 20, 2010

Parking Information

Self Parking $5 per day / Valet $18

UT Law CLE

2010 Labor and Employment Law Conference

Sponsors