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17^th Annual

Labor and Employment Law Conference

Austin May 20-21, 2010 Hyatt Regency Austin
Conference Concluded

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Overview

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.

Event Schedule

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

Day 1 May 20, 2010
Day 2 May 21, 2010

Time

Credit

Subject

Speaker
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

Time

Credit

Subject

Speaker
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

Day 1 May 20, 2010
Day 2 May 21, 2010

Download Schedule

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

Credit Info

Austin

MCLE Credit

Texas – 12.00 hrs | 2.00 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.

California – 12.00 hrs | 2.00 hrs Ethics

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

Other Credit

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

TX Accounting CPE – 14.00 hrs

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 20-21, 2010 – Hyatt Regency Austin

Conference Concluded

Buy

Austin

Standard Registration
Last day for $535.00 Regular pricing: May 12, 2010

$585.00 for registrations received after this time

Last day for cancellation (full refund): May 14, 2010

$50 processing fee applied after this date

Last day for cancellation: May 17, 2010

Venue

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

Our Sponsors

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

17th Annual

Labor and Employment Law Conference

Austin May 20-21, 2010 Hyatt Regency Austin Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Thursday Morning, May 20, 2010

Thursday Afternoon, May 20, 2010

Friday Morning, May 21, 2010

Friday Afternoon, May 21, 2010

Conference Faculty

Bill Beardall

Sean M. Becker

Jason Boulette

Clara "C. B." Burns

Darryl Carter

Connie L. Cornell

B. Lee Crawford Jr.

Teri L. Danish

Dennis P. Duffy

Philip Durst

Michael W. Fox

Amy Gibson

Dori Kornfeld Goldman

Christopher H. Hahn

Jeff Hahn

Margaret A. Harris

Sherrard L. (Butch) Hayes II

Linda Ottinger Headley

Charles C. High Jr.

Kenneth D. Hughes

Christina A. Jump

Patrick Keel

James H. Kizziar Jr.

David T. Lopez

Thomas A. Nesbitt

Katrina S. Patrick

Glen A. Reed

Vianei Lopez Robinson

Hon. Ravi K. Sandill

Shannon B. Schmoyer

Howard Lynn Steele Jr.

Rod Tanner

Additional Speaker TBA

Planning Committee

Jason Boulette—Chair

Bill Beardall

Sean M. Becker

Richard R. Brann

Kathy Butler

Darryl Carter

Connie L. Cornell

B. Lee Crawford Jr.

Dennis P. Duffy

Philip Durst

Michael J. Esposito

Michael W. Fox

Amy Gibson

Christopher H. Hahn

Sherrard L. (Butch) Hayes II

Linda Ottinger Headley

Charles C. High Jr.

Kenneth D. Hughes

John V. Jansonius

Erin Klaich Kitchen

James H. Kizziar Jr.

David T. Lopez

Thomas A. Nesbitt

Vianei Lopez Robinson

Hon. Ravi K. Sandill

Robert E. Sheeder

Howard Lynn Steele Jr.

Rod Tanner

R. Paul Yetter

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

17^th Annual

Austin May 20-21, 2010 Hyatt Regency Austin
Conference Concluded