University of Texas School of Law
18th Annual
Labor and Employment Law Conference
Austin May 12-13, 2011 AT&T Conference Center
Conference Concluded
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UT Law CLE

2011 Labor and Employment Law Conference

Program Features
Join leading members of the employment law bench and 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 proposed and recently enacted state and federal legislation, and features updates on FLSA collection actions, current developments under the NRLA, developments in disability discrimination trends, initiatives at the EEOC and much more.

UT Law CLE

2011 Labor and Employment Law Conference

11/19/19
Schedule

Thursday Morning, May 12, 2011

Presiding Officer:
Vianei Lopez Robinson, Buck Keenan LLP - Houston, TX

8:00 am
Registration Opens

Includes continental breakfast.

8:50 am
Welcoming Remarks

9:00 am

0.50 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

9:30 am

0.75 hr

Federal Employment Law Update

A review of important cases, legislative developments and the changing landscape in employment law.

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

10:15 am
Break

10:30 am

0.75 hr

Developments in Disability Discrimination Law

A review of developments in disability discrimination law, 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

0.50 hr

Public Sector Update

A discussion of recent case law and statutory developments regarding the rights and obligations of governmental employers and employees. The presentation is split between an attorney who represents public employers and an attorney who represents public employees.

B. Lee Crawford Jr., City of Austin Law Department - Austin, TX
Phil Durst, Deats, Durst, Owen & Levy, P.L.L.C. - Austin, TX

11:45 am

0.50 hr

The National Labor Relations Act (NLRA) in the Age of Facebook

This presentation analyzes current developments and cutting-edge issues under the NLRA affecting union and non-union workplaces, including NLRB rulemaking, employer regulation of social networks, and use of neutrality agreements in union organizing campaigns.

James Roddy Tanner, Tanner & Associates - Fort Worth, TX

12:15 pm
Lunch on Your Own

Thursday Afternoon, May 12, 2011

Presiding Officer:
Vianei Lopez Robinson, Buck Keenan LLP - Houston, TX

1:30 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

2:00 pm

0.50 hr ethics

Practical Issues in Employment Litigation by Immigrant Employees

Immigrant employees, including undocumented workers, are increasingly using the legal system to pursue wage claims and other employment actions. This session examines several subtle litigation practice issues that these claims present for lawyers on both sides of the docket, including the risks for employer and employee, the scope of allowable discovery, and structuring and accounting for judgments and settlements.

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

2:30 pm

0.50 hr
0.25 hr ethics

Discovering the Facts without Discovery

This presentation provides an overview of the resources that can be used, outside of the formal discovery process, to obtain information about parties, witnesses, experts and opposing counsel.

Kevin Marshall Sadler, Baker Botts L.L.P. - Austin, TX

3:00 pm
Break

TRACK A: Human Resources

Presiding Officer:
Thomas A. Nesbitt, DeShazo & Nesbitt LLP - Austin, TX
3:15 pm

0.50 hr

Improving Employee Wellness in Compliance with the ADA and GINA

Employee wellness programs are dynamic benefits employers may use to manage costs, boost morale and attract qualified employees. This session focuses on the legality of these programs and how they can easily run afoul of the Americans with Disabilities Act (ADA), Genetic Information Nondiscrimination Act (GINA) and a variety of other statutes.

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

3:45 pm

0.50 hr

Military Issues and USERRA

USERRA is sometimes counterintuitive. This session highlights some of the tricks and traps for employers that can result in inadvertent noncompliance.

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

4:15 pm

0.75 hr

Managing the Dispersed Workforce

An HR professional discusses problems related to establishing and maintaining a workforce that is remote, multistate and multinational.

Kevin Porter, Lauren Engineers & Constructors, Inc. - Abilene, TX

5:00 pm

0.50 hr
0.25 hr ethics

Handbook Helper

Practical tips for writing and maintaining good employee handbooks.

Audrey E. Mross, Munck Carter, LLP - Dallas, TX

5:30 pm

0.00 hr ethics

Track A Adjourn

TRACK B: Litigation

Presiding Officer:
James Roddy Tanner, Tanner & Associates - Fort Worth, TX
3:15 pm

0.50 hr

How to Evaluate a Case

A plaintiffs' attorney's perspective on evaluating a case and determining what the employee needs from the legal system.

Malinda A. Gaul, Gaul and Dumont - San Antonio, TX

3:45 pm

0.50 hr
0.25 hr ethics

Resolving Cases "Early": Effective Negotiation and Mediation Strategies

Closing cases is how lawyers make their money, no matter the side of the docket. An experienced litigator and dispute resolution expert discusses how to do it quickly and effectively, as well as those rare times you should not do so.

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

4:15 pm

0.75 hr

An Eye for an Eye: How to Prepare and Try a Retaliation Case

A panel discussion featuring plaintiffs' counsel and defense counsel perspectives on issues and strategies involved in preparing and trying retaliation cases.

Moderator:
Paul A. Schorn, Paul Schorn Attorney at Law - Lockhart, TX
Panelists:
Michael James Golden, Boulette & Golden L.L.P. - Austin, TX
Panelists:
Robert W. Schmidt, Crews Law Firm, P.C. - Austin, TX

5:00 pm

0.50 hr

Summary Judgment Motions

This session addresses the factors that increase the likelihood that summary judgment will be granted and influence the high failure rates for plaintiffs; distinguishes conclusory allegations from lay opinions; discusses effective use of circumstantial evidence; and identifies the many and varied meanings of showing pretext.

Margaret A. Harris, Butler & Harris - Houston, TX

5:30 pm

0.00 hr ethics

Track B Adjourn

Friday Morning, May 13, 2011

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

8:30 am

0.33 hr

What Employment Lawyers Need to Know about the Dodd-Frank Act

The Dodd-Frank Wall Street Reform and Consumer Protection Act will have wide-reaching effects on all companies, not just those in the financial services industry. This session examines how the legislation and regulations impact employers, as well as some traps to avoid.

Dona Szak, Ajamie LLP - Houston, TX

8:50 am

0.50 hr

Retaliation: Just When You Thought You Knew It All

This session examines new statutory protection against retaliation and more about retaliation cases making their way to the United States Supreme Court.

Amy Gibson, Gibson Wiley PLLC - Dallas, TX

9:20 am

0.50 hr

Employee Mobility and Covenants Not to Compete

A practical analysis of best practices, tips and pitfalls in managing employee mobility and covenants not to compete in light of recent case law developments and common law causes of action.

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

9:50 am

0.50 hr

Settlement Agreements

You've done the work, now paper the deal! Discussion of what a "Standard Texas Settlement Agreement" should be for employment cases. Consideration, releases, taxes, you name it!

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

10:20 am
Break

10:35 am

0.67 hr
0.50 hr ethics

Privacy Wars: Managing Privacy Issues Associated with Emerging Technology and Media

This session explores the evolving use of social media by employers, employees and unions, and provides a detailed discussion of emerging legal theories for establishing individual privacy rights with respect to online activity by employees. The topic specifically addresses the limits of employee consent and traditional property rights, and provides practical suggestions for managing privacy concerns in an online work environment.

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

11:15 am

0.50 hr

Legal Issues involving a Dispersed Workforce

This topic covers a myriad of legal issues implicated by today's nontraditionally-sited workforce.  Discussed are concerns regarding remote workers in diverse locales, inherently mobile workers, and virtual and home offices, including property rights, wage and hour and privacy issues.

Laura M. Merritt, Wilson Sonsini Goodrich & Rosati - West Lake Hills, TX

Friday Afternoon, May 13, 2011

Presiding Officer:
Vianei Lopez Robinson, Buck Keenan LLP - Houston, TX

11:45 am
Break to Pick Up Lunch

Included in conference registration fee.

Luncheon Presentation

12:00 pm

0.75 hr
0.25 hr ethics

Judges Panel: How to Try a Labor and Employment Case

Members of the judiciary discuss their experiences and views on how labor and employment law cases should be handled and tried by each side of the bar. The panel includes esteemed judges who practiced in this area of the law and are uniquely positioned to provide practical and interesting information.

Moderator:
Phil Durst, Deats, Durst, Owen & Levy, P.L.L.C. - Austin, TX
Panelists:
Hon. Kenneth H. Molberg, 95th Judicial District Court - Dallas, TX
Panelists:
Xavier Rodriguez, US District Court, Western District of Texas - San Antonio, TX
Panelists:
Hon. Ravi K. Sandill, 127th District Court - Houston, TX

12:45 pm
Break

1:00 pm

0.75 hr

Back to the Future: Proceeding before and Litigating with the EEOC

Plaintiff, defense and government perspectives on EEOC administrative investigations and litigation. The panelists also discuss recent trends and initiatives at the EEOC and the recent resurgence of Title VII issues involving more overt forms of discrimination in the workplace.

Panelists:
Suzanne Michel Anderson, Equal Employment Opportunity Commission - Dallas, TX
Panelists:
John V. Jansonius, Akin Gump Strauss Hauer & Feld LLP - Dallas, TX
Panelists:
Ian Scharfman, The Scharfman Law Firm, PLLC - Houston, TX

1:45 pm

0.50 hr

Emerging Issues involving Independent Contractors

The misclassification of employees has been a growing focus of attorneys, the Department of Labor and the IRS. This discussion examines the analyses that courts and agencies have recently applied, traps for the unwary, and enforcement trends.

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

2:15 pm

0.50 hr

All About Leave: Hot Topics in the FMLA

A discussion of the latest developments under the FMLA, ADAAA, USERRA and Workers' Compensation. A review of best practices in administering leaves of absences, requests for reasonable accommodation, and return-to-work situations.

Katrina Grider, Attorney at Law - Cypress, TX

2:45 pm

0.75 hr ethics

Ethical Issues in Employment Litigation

Hear from experienced plaintiff and defense attorneys regarding thorny ethical issues, including discovery dilemmas, joint representation and more.

Moderator:
Vianei Lopez Robinson, Buck Keenan LLP - Houston, TX
Panelists:
Joseph Y. Ahmad, Ahmad, Zavitsanos & Anaipakos, P.C. - Houston, TX
Panelists:
Karan Cummings Ciotti, Ogden Gibson Broocks Longoria & Hall, LLP - Houston, TX

3:30 pm
Adjourn

UT Law CLE

2011 Labor and Employment Law Conference

Faculty

Conference Faculty

Joseph Y. Ahmad
Ahmad, Zavitsanos & Anaipakos, P.C.
Houston, TX
Suzanne Michel Anderson
Equal Employment Opportunity Commission
Dallas, 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
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Karan Cummings Ciotti
Ogden Gibson Broocks Longoria & Hall, LLP
Houston, TX
B. Lee Crawford Jr.
City of Austin Law Department
Austin, TX
Phil Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Malinda A. Gaul
Gaul and Dumont
San Antonio, TX
Amy Gibson
Gibson Wiley PLLC
Dallas, TX
Michael James Golden
Boulette & Golden L.L.P.
Austin, TX
Brian S. Greig
Fulbright & Jaworski L.L.P.
Austin, TX
Katrina Grider
Attorney at Law
Cypress, TX
Christopher H. Hahn
Dell, Inc.
Round Rock, TX
Margaret A. Harris
Butler & Harris
Houston, TX
Linda Ottinger Headley
Littler Mendelson, P.C.
Houston, TX
Charles C. High Jr.
Kemp Smith LLP
El Paso, TX
John V. Jansonius
Akin Gump Strauss Hauer & Feld LLP
Dallas, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
David T. Lopez
David T. Lopez & Assoc.
Houston, TX
Laura M. Merritt
Wilson Sonsini Goodrich & Rosati
West Lake Hills, TX
Hon. Kenneth H. Molberg
95th Judicial District Court
Dallas, TX
Audrey E. Mross
Munck Carter, LLP
Dallas, TX
Kevin Porter
Lauren Engineers & Constructors, Inc.
Abilene, TX
Vianei Lopez Robinson
Buck Keenan LLP
Houston, TX
Xavier Rodriguez
US District Court, Western District of Texas
San Antonio, TX
Kevin Marshall Sadler
Baker Botts L.L.P.
Austin, TX
Hon. Ravi K. Sandill
127th District Court
Houston, TX
Ian Scharfman
The Scharfman Law Firm, PLLC
Houston, TX
Robert W. Schmidt
Crews Law Firm, P.C.
Austin, TX
Shannon B. Schmoyer
Schmoyer Reinhard LLP
San Antonio, TX
Paul A. Schorn
Paul Schorn Attorney at Law
Lockhart, TX
Robert E. Sheeder
Bracewell & Giuliani LLP
Dallas, TX
Howard Lynn Steele Jr.
Steele Sturm PLLC
Houston, TX
Dona Szak
Ajamie LLP
Houston, TX
James Roddy Tanner
Tanner & Associates
Fort Worth, TX

Planning Committee

Vianei Lopez Robinson—Chair
Buck Keenan LLP
Houston, 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
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.
City of Austin Law Department
Austin, TX
Phil Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Michael J. Esposito
University of Texas School of Law
Austin, TX
Amy Gibson
Gibson Wiley PLLC
Dallas, 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
Akin Gump Strauss Hauer & Feld LLP
Dallas, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
David T. Lopez
David T. Lopez & Assoc.
Houston, TX
Laura M. Merritt
Wilson Sonsini Goodrich & Rosati
West Lake Hills, TX
Audrey E. Mross
Munck Carter, LLP
Dallas, TX
Thomas A. Nesbitt
DeShazo & Nesbitt LLP
Austin, TX
Ian Scharfman
The Scharfman Law Firm, PLLC
Houston, TX
Shannon B. Schmoyer
Schmoyer Reinhard LLP
San Antonio, TX
Robert E. Sheeder
Bracewell & Giuliani LLP
Dallas, TX
Howard Lynn Steele Jr.
Steele Sturm PLLC
Houston, TX
James Roddy Tanner
Tanner & Associates
Fort Worth, TX

UT Law CLE

2011 Labor and Employment Law Conference

Credit Information

MCLE Credit

Texas
13.00 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Civil Appellate Law, 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
13.00 hrs  |  2.50 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
13.00 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
15.50 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

2011 Labor and Employment Law Conference

Key Dates

Austin

  • Last day for Standard Registration early registration: May 4, 2011
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 6, 2011
  • Last day for cancellation (partial refund): May 9, 2011
    $50 processing fee applied

UT Law CLE

2011 Labor and Employment Law Conference

Hotel / Venue

Austin

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$159.00 good through Apr 11, 2011

Parking Information

Complimentary daily self-parking; $10 daily valet; $14 overnight

UT Law CLE

2011 Labor and Employment Law Conference

Sponsors