Overview

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.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • 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

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

    A review of employment-related issues under state law with a discussion of significant new cases.
  • 9:30 am
    0.75 hr
    Federal Employment Law Update

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

    A review of important cases, legislative developments and the changing landscape in employment law.
  • 10:15 am
    Break

  • 10:30 am
    0.75 hr
    Developments in Disability Discrimination Law

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

    A review of developments in disability discrimination law, the Americans with Disabilities Act amendments and court decisions on disability issues.
  • 11:15 am
    0.50 hr
    Public Sector Update

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

    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.
  • 11:45 am
    0.50 hr
    The National Labor Relations Act (NLRA) in the Age of Facebook

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

    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.
  • 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

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

    A review of recent developments in wage and hour collection actions.
  • 2:00 pm
    0.50 hr ethics
    Practical Issues in Employment Litigation by Immigrant Employees

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

    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.
  • 2:30 pm
    0.50 hr
    0.25 hr ethics
    Discovering the Facts without Discovery

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

    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.
  • 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

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

    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.
  • 3:45 pm
    0.50 hr
    Military Issues and USERRA

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

    USERRA is sometimes counterintuitive. This session highlights some of the tricks and traps for employers that can result in inadvertent noncompliance.
  • 4:15 pm
    0.75 hr
    Managing the Dispersed Workforce

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

    An HR professional discusses problems related to establishing and maintaining a workforce that is remote, multistate and multinational.
  • 5:00 pm
    0.50 hr
    0.25 hr ethics
    Handbook Helper

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

    Practical tips for writing and maintaining good employee handbooks.
  • 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

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

    A plaintiffs' attorney's perspective on evaluating a case and determining what the employee needs from the legal system.
  • 3:45 pm
    0.50 hr
    0.25 hr ethics
    Resolving Cases "Early": Effective Negotiation and Mediation Strategies

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

    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.
  • 4:15 pm
    0.75 hr
    An Eye for an Eye: How to Prepare and Try a Retaliation Case

    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

    A panel discussion featuring plaintiffs' counsel and defense counsel perspectives on issues and strategies involved in preparing and trying retaliation cases.
  • 5:00 pm
    0.50 hr
    Summary Judgment Motions

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

    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.
  • 5:30 pm
    0.00 hr ethics
    Track B Adjourn

  • Time
    Credit
    Subject
    Speaker
  • 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

    Dona Szak, Ajamie LLP - Houston, TX

    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.
  • 8:50 am
    0.50 hr
    Retaliation: Just When You Thought You Knew It All

    Amy Gibson, Gibson Wiley PLLC - Dallas, TX

    This session examines new statutory protection against retaliation and more about retaliation cases making their way to the United States Supreme Court.
  • 9:20 am
    0.50 hr
    Employee Mobility and Covenants Not to Compete

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

    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.
  • 9:50 am
    0.50 hr
    Settlement Agreements

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

    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!
  • 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

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

    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.
  • 11:15 am
    0.50 hr
    Legal Issues involving a Dispersed Workforce

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

    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.
  • 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

    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

    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.
  • 12:45 pm
    Break

  • 1:00 pm
    0.75 hr
    Back to the Future: Proceeding before and Litigating with the EEOC

    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

    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.
  • 1:45 pm
    0.50 hr
    Emerging Issues involving Independent Contractors

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

    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.
  • 2:15 pm
    0.50 hr
    All About Leave: Hot Topics in the FMLA

    Katrina Grider, Attorney at Law - Cypress, TX

    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.
  • 2:45 pm
    0.75 hr ethics
    Ethical Issues in Employment Litigation

    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

    Hear from experienced plaintiff and defense attorneys regarding thorny ethical issues, including discovery dilemmas, joint representation and more.
  • 3:30 pm
    Adjourn

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

Credit Info

MCLE Credit
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.  
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.  
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
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
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.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Austin – May 12-13, 2011 – AT&T Conference Center
Conference Concluded
Buy
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

$50 processing fee applied after this date

Last day for cancellation: May 9, 2011

Venue

speaker

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

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