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19th Annual

Labor and Employment Law Conference

Austin May 17-18, 2012 AT&T Conference Center
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Overview

This year’s program includes an in-depth review of recent developments in state and federal legislation, and provides invaluable information on employment practices and policies, non-compete agreements, social media in the workplace, arbitration and litigation, current developments under the NLRA and much more.

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Event Schedule

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

  • Day 1 May 17, 2012
  • Day 2 May 18, 2012
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, May 17, 2012
    Presiding Officer:
    Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, 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.

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

  • 9:45 am
    0.75 hr
    Federal Employment Law Update
    A review of the important cases, legislative developments and current hot topics in federal employment law.

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

  • 10:30 am
    Break

  • 10:45 am
    0.75 hr
    National Labor Relations Act Update
    Composition, policies and decisions of the National Labor Relations Board are marked by significant changes during the current Administration. This presentation addresses several key developments at the NLRB, including proposed rules concerning quick and concentrated representation elections and employer policies and practices concerning social media and electronic communication.

    John V. Jansonius, Akin Gump Strauss Hauer & Feld LLP - Dallas, TX

  • 11:30 am
    0.75 hr
    0.25 hr ethics
    Social Media and Challenges in the Virtual Workplace
    This session explores the next generation of legal issues being created by modern technology in the workplace. From privacy concerns created by enhanced monitoring capabilities to FLSA issues created by mobile workers, and from the application of the Stored Communications Act to employee email and social media usage to the evolving scope of employer liability for remote-employee safety and third-party injuries, this session provides a look at the latest cases and trends and provides practical considerations for corporate professionals and employees alike.

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

  • 12:15 pm
    Lunch on Your Own

  • Thursday Afternoon, May 17, 2012
    Presiding Officer:
    Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX
  • 1:30 pm
    0.75 hr
    0.25 hr ethics
    Top Ten HR Mistakes
    This session explores at least ten real-life mistakes made by human resources that you don't want to make! The session also provides methods for protecting your business by recognizing and rectifying these mistakes before they become serious problems or result in litigation.

    Shafeeqa Watkins Giarratani, Fulbright & Jaworski L.L.P. - Austin, TX

  • 2:15 pm
    0.75 hr
    Wellness in the Workplace: Your Guide to HIPAA, GINA and Beyond
    This presentation addresses applicable legal considerations when designing a wellness program, including the ADA, HIPAA, GINA, ERISA, COBRA, state lifestyle laws and income tax issues. Current developments in HIPAA and GINA are also discussed.

    Patricia Gail Sargent, The Sargent Law Group PLLC - Houston, TX

  • 3:00 pm
    Break

  • Track A: Human Resources
    Presiding Officer:
    Audrey E. Mross, Munck Wilson Mandala, LLP - Dallas, TX
  • 3:15 pm
    0.75 hr
    Dealing with TWC: Independent Contractors, Tax Audits and the Texas Payday Law
    This session focuses on TWC's criteria for determining workers' employment status, how to handle unemployment tax audits, avoidance of common problems with tax rates and business acquisition issues, and how to fully comply with the Texas Payday Law when paying employees.

    William T. Simmons, Texas Workforce Commission - Austin, TX

  • 4:00 pm
    0.50 hr
    Handbook Helper: Recipe for a Better Handbook
    Employee handbooks can be an employer's best friend or worst nightmare. When prepared correctly and applied uniformly, a handbook can prevent a host of workplace problems and provide a defense against certain employee claims. Much like an extraordinary meal, a great handbook requires thought, planning, the right ingredients, skillful preparation and proper presentation. This session summarizes aspects of the changing legal compliance environment and provides practical tips for creating a new handbook or updating an existing one.

    Audrey E. Mross, Munck Wilson Mandala, LLP - Dallas, TX

  • 4:30 pm
    0.50 hr
    0.25 hr ethics
    Investigating Sensitive Employee Complaints
    The investigation of an employee's complaint may be critical to an employer as its only means of avoiding liability. The investigator may be a witness and the notes may be evidence. Obtain practical tips for investigating and documenting the process.

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

  • 5:00 pm
    0.50 hr
    0.25 hr ethics
    Background Checks, Social Media and Other Arresting Developments
    A discussion of: 1) the use of social media in the employment context, including background checks, criminal records, credit checks, internal investigations, litigation and employee discipline; 2) the ethics of using social media information in the workplace and 3) the EEOC's concerns regarding inappropriate use of social media by employers.

    Martin S. Ebel, Equal Employment Opportunity Commission - Houston, TX
    Katrina Grider, Attorney at Law - Cypress, TX

  • 5:30 pm
    0.00 hr ethics
    Track A Adjourn

  • Track B: Litigation
    Presiding Officer:
    Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX
  • 3:15 pm
    0.75 hr
    Proving the Invisible: Evidence of Intentional Employment Discrimination
    Developments in evidence of employment discrimination, including the "cat's paw" doctrine, similarly-situated co-workers and email.

    Paul A. Schorn, Paul Schorn Attorney at Law - Lockhart, TX

  • 4:00 pm
    0.50 hr
    Expert Witnesses: What You Need, When You Need Them, Whom to Get and How to Get Them
    The use and misuse of expert witnesses in employment cases.

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

  • 4:30 pm
    0.50 hr
    0.25 hr ethics
    Damages and Settlement Agreements
    This session provides an overview of the remedies available and generally sought in an employment case along with an explanation of standard and commonly requested provisions included in employment settlement agreements.

    Joseph Y. Ahmad, Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. - Houston, TX

  • 5:00 pm
    0.50 hr
    Rule 202 Judicial Panel
    TRCP 202 provides a unique opportunity for parties to explore potential claims before filing a suit. The panelists share their perspectives on Rule 202 practice, including insights regarding motions that seek pre-suit depositions.

    Moderator:
    Sean M. Becker, Vinson & Elkins LLP - Houston, TX
    Panelists:
    Hon. Kenneth H. Molberg, 95th Judicial District Court - Dallas, TX
    Panelists:
    Hon. Ravi K. Sandill, 127th District Court - Houston, TX

  • 5:30 pm
    0.00 hr ethics
    Track B Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, May 18, 2012
    Presiding Officer:
    Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.75 hr
    I Didn't Know You Couldn't Do That
    The latest developments in the law of unlawful employment retaliation, focusing upon recent U.S. Supreme Court decisions.

    Lionel Mark Schooler, Jackson Walker - Houston, TX

  • 9:15 am
    0.75 hr
    Disability Rights in Transition
    Guidance regarding changing legal requirements and employer obligations from the ADAAA, EEOC regulations and post-amendment court decisions.

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

  • 10:00 am
    Break

  • 10:15 am
    0.50 hr
    0.25 hr ethics
    Non-Compete Agreements: Where Have We Come From and Where Do We Go From Here?
    A look at consideration, reasonableness and employer/employee considerations.

    Thomas A. Nesbitt, DeShazo & Nesbitt LLP - Austin, TX
    Ian Scharfman, The Scharfman Law Firm, PLLC - Houston, TX

  • 10:45 am
    0.75 hr
    Advantages and Disadvantages of an Arbitration Policy in Light of AT&T
    Is an arbitration policy right for your workplace? If so, learn how to create and communicate an enforceable and effective alternative dispute resolution process for employment disputes and learn techniques to persuade a neutral arbitrator.

    Allison Lynn Bowers, Hutcheson | Bowers LLP - Austin, TX
    Richard R. Brann, Baker Botts, L.L.P. - Houston, TX
    Shannon Harpold Hutcheson, Hutcheson | Bowers LLP - Austin, TX

  • 11:30 am
    0.75 hr
    Leave Landmines
    In addition to leave laws like the FMLA and USERRA, many other laws affect employers dealing with leaves of absence. Some of the requirements imposed on employers are counterintuitive, contradictory, or just plain confusing. This session explores some hidden traps in the interplay of the various laws.

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

  • Friday Afternoon, May 18, 2012
    Presiding Officer:
    Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX
  • Luncheon Presentation

  • 12:15 pm
    Break for Buffet Lunch
    Included in conference registration fee.

  • 12:35 pm
    0.75 hr
    0.25 hr ethics
    Jury Trial War Stories: What I've Learned from My Jury Trials (and Disasters)
    Trial war stories are harder to come by as it seems fewer cases actually end up being tried before a jury. But there are lessons to be learned, good and bad, from two veteran lawyers who have been there.

    Michael W. Fox, Ogletree Deakins - Austin, TX
    John W. Griffin Jr., Marek, Griffin & Knaupp - Victoria, TX

  • 1:20 pm
    Break

  • 1:30 pm
    0.75 hr
    Gotcha—Wage and Hour Issues Continue to Abound!
    Employees increasingly are bringing wage and hour concerns to their employers' attention, and oftentimes the legitimacy of those concerns are surprising to even the most well-meaning, law-abiding employers. This presentation discusses the top and emerging wage and hour issues facing employees and employers alike.

    Christine Elaine Reinhard, Schmoyer Reinhard LLP - San Antonio, TX

  • 2:15 pm
    0.75 hr ethics
    Ethical Issues in Negotiation and Mediation
    What role do ethics play in the negotiation or mediation process? Panelists discuss hypotheticals and best practices from both the plaintiff and defense perspectives.

    Moderator:
    Vianei Lopez Braun, Buck Keenan LLP - Houston, TX
    Panelists:
    Karan Cummings Ciotti, Ogden Gibson Broocks Longoria & Hall, LLP - Houston, TX
    Panelists:
    Michael Vincent Galo Jr., Galo Law Firm - San Antonio, TX

  • 3:00 pm
    0.50 hr
    Public Employers: An Update on Key Issues
    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

  • 3:30 pm
    Adjourn

  • Day 1 May 17, 2012
  • Day 2 May 18, 2012
Download Schedule

Conference Faculty

Joseph Y. Ahmad

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.
Houston, TX

Sean M. Becker

Vinson & Elkins LLP
Houston, TX

Jason Boulette

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

Allison Lynn Bowers

Hutcheson | Bowers LLP
Austin, TX

Richard R. Brann

Baker Botts, L.L.P.
Houston, TX

Vianei Lopez Braun

Buck Keenan LLP
Houston, TX

Clara "C. B." Burns

Kemp Smith LLP
El Paso, TX

Karan Cummings Ciotti

Ogden Gibson Broocks Longoria & Hall, LLP
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

Martin S. Ebel

Equal Employment Opportunity Commission
Houston, TX

Michael W. Fox

Ogletree Deakins
Austin, TX

Michael Vincent Galo Jr.

Galo Law Firm
San Antonio, TX

Shafeeqa Watkins Giarratani

Fulbright & Jaworski L.L.P.
Austin, TX

Katrina Grider

Attorney at Law
Cypress, TX

John W. Griffin Jr.

Marek, Griffin & Knaupp
Victoria, TX

Christopher H. Hahn

Dell, Inc.
Round Rock, TX

Linda Ottinger Headley

Littler Mendelson P.C.
Houston, TX

Shannon Harpold Hutcheson

Hutcheson | Bowers LLP
Austin, TX

John V. Jansonius

Akin Gump Strauss Hauer & Feld LLP
Dallas, TX

James H. Kizziar Jr.

Bracewell & Giuliani LLP
San Antonio, TX

Hon. Kenneth H. Molberg

95th Judicial District Court
Dallas, TX

Audrey E. Mross

Munck Wilson Mandala, LLP
Dallas, TX

Thomas A. Nesbitt

DeShazo & Nesbitt LLP
Austin, TX

Christine Elaine Reinhard

Schmoyer Reinhard LLP
San Antonio, TX

Hon. Ravi K. Sandill

127th District Court
Houston, TX

Patricia Gail Sargent

The Sargent Law Group PLLC
Houston, TX

Ian Scharfman

The Scharfman Law Firm, PLLC
Houston, TX

Lionel Mark Schooler

Jackson Walker
Houston, TX

Paul A. Schorn

Paul Schorn Attorney at Law
Lockhart, TX

Robert E. Sheeder

Bracewell & Giuliani LLP
Dallas, TX

William T. Simmons

Texas Workforce Commission
Austin, TX

Planning Committee

Shannon B. Schmoyer—Chair

Schmoyer Reinhard LLP
San Antonio, 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

Vianei Lopez Braun

Buck Keenan LLP
Houston, TX

Connie L. Cornell

Cornell Smith & Mierl, LLP
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

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 and Assoc.
Houston, TX

Audrey E. Mross

Munck Wilson Mandala, LLP
Dallas, TX

Thomas A. Nesbitt

DeShazo & Nesbitt LLP
Austin, TX

Ian Scharfman

The Scharfman Law Firm, PLLC
Houston, TX

Paul A. Schorn

Paul Schorn Attorney at Law
Lockhart, TX

Robert E. Sheeder

Bracewell & Giuliani LLP
Dallas, TX

Michelle M. Turner

The University of Texas School of Law
Austin, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 13.00 hrs  |  2.25 hrs Ethics
Legal Specialization(s): 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.
Other Credit
Toggle view Human Resources PHR/SPHR/GPHR – 0.00 hr
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
Toggle view TX Accounting CPE – 15.50 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 17-18, 2012 – AT&T Conference Center
Conference Concluded
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  • Austin
Standard Registration
Last day for $605.00 Regular pricing: May 9, 2012

$655.00 for registrations received after this time

Green Registration - USB Key ONLY
Last day for $560.00 Regular pricing: May 9, 2012

$610.00 for registrations received after this time

Last day for cancellation (full refund): May 11, 2012

$50 processing fee applied after this date

Last day for cancellation: May 14, 2012

Venue

speaker

AT&T Conference Center

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

Accommodations

$169.00 good through Apr 16, 2012

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

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