University of Texas School of Law
20th Annual
Labor and Employment Law Conference
Austin May 16-17, 2013 AT&T Conference Center
Conference Concluded
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UT Law CLE

2013 Labor and Employment Law Conference

Program Features
Now in its 20th year, UT Law CLE’s Labor and Employment Law Conference offers two days of timely updates and emerging trends in employment law.

2013 program highlights include:
  • Case Law and Legislative Updates: Analysis of significant federal and state employment law developments
  • Recent Developments: Regulatory updates from the DOL, EEOC and other federal agencies; NLRB policies impacting unionized and non-union workplaces; emerging disability issues under the ADA; FLSA compliance; whistleblower and retaliation laws; and more
  • Impact of Technology on the Workplace: The changing technology landscape and its effect on workplace privacy issues and concerns
  • Litigation strategies: Voir dire, witness preparation, attorney’s fees, and employer counterclaims
  • Workplace strategies: Managing leave issues, best hiring practices, implementation of the Affordable Care Act, and impact of internal investigations on trials
  • Practice Tips: Legal writing for screen reading, dos and don’ts for dealing with the EEOC, and determining the value of your case
  • Ethics: “Winning” mediation strategies, ethics and professionalism update for employment attorneys, and hiring candidates with restrictive covenant agreements
Don’t miss this opportunity to learn from and interact with employment law experts.

UT Law CLE

2013 Labor and Employment Law Conference

11/19/19
Schedule

Thursday Morning, May 16, 2013

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

7:30 am
Registration Opens

Includes continental breakfast.

8:20 am
Welcoming Remarks

8:30 am

0.75 hr

State Employment Law Update: Texas and Beyond

A review of employment-related developments under state law with a discussion of significant new cases.

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

9:15 am

0.50 hr

Federal Employment Case Law and Legislative Update

An analysis of significant federal case law and legislative developments.

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

9:45 am

0.50 hr

Federal Regulatory Update

Important new developments at the DOL, EEOC and other federal agencies.

Vianei Lopez Braun, Buck Keenan LLP - Houston, TX

10:15 am
Break

10:30 am

0.75 hr

Not Your Grandfather's NLRA

A review of recent developments at the National Labor Relations Board impacting policies and employment practices for unionized and non-union workplaces.

John V. Jansonius, Jackson Walker L.L.P. - Dallas, TX
Rod Tanner, Tanner & Associates, P.C. - Fort Worth, TX

11:15 am

0.75 hr

Developments in Disability Discrimination Law

Significant developments under the Americans with Disabilities Act with insight on emerging disability issues.

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

12:00 pm
Lunch on Your Own

Thursday Afternoon, May 16, 2013

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

Technology and the Workplace

1:15 pm

0.75 hr
0.25 hr ethics

The Changing Workplace: New Questions under Old Laws

Technology continues to change how, where and by whom work is performed. This session explores a range of legal issues created by the ongoing adoption of increasingly advanced technology in the workplace, including the contours of the virtual workplace under Title VII and similar non-discrimination statutes, the effect of technology on accommodation obligations and leave management, the challenge automation and information management solutions present to seemingly-settled FLSA concepts, and the implications of our gradual transition into a post-employment world. The ethical obligations of attorneys when dealing with technologically savvy clients are also addressed.

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

2:00 pm

0.75 hr

Changes in and New Technological Limitations on Workplace Privacy

Workplace privacy once involved employee desks and lockers. Now with the internet, emails, cellphones, smartphones, iPads and laptops, the idea of workplace privacy has expanded greatly. This session explores the impact these new technologies have on workplace privacy and how they affect the employer-employee relationship.

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

2:45 pm
Break

Track A: Litigation Strategies

Presiding Officer:
Laura M. Merritt, Wilson Sonsini Goodrich & Rosati - Austin, TX
3:00 pm

0.50 hr
0.25 hr ethics

Picking Your Jury

Voir dire: Finding the bad jurors without losing the good ones, closing the cause coffin, keeping your powder dry, and more.

Rod Phelan, Baker Botts - Dallas, TX

3:30 pm

0.50 hr
0.25 hr ethics

Witness Preparation

The only thing harder than being a witness is preparing one. This session provides insights into successfully navigating the process. Ethical considerations are also addressed.

Michael W. Fox, Ogletree Deakins - Austin, TX

4:00 pm

0.50 hr ethics

Attorney's Fees: Who, Why, When and How

When there is a statutory basis for attorney's fees, proper preparation begins with the retainer agreement and continues at every step of the case, through final judgment and collection. Review key steps and issues to avoid at each phase in the process.

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

4:30 pm

0.75 hr

Risky Business: The Employer Counterclaim against the Employee Claimant

Confronted with a lawsuit by an employee or former employee, companies frequently want to "fire back" with counterclaims of their own. This presentation provides guidance and perspective as to whether, and under what circumstances, it is appropriate and beneficial to file a counterclaim against an employee, what the key considerations are, and what the risks are in so doing.

Edward L. Friedman, Baker & Hostetler LLP - Houston, TX

5:15 pm
Adjourn

Track B: Workforce Strategies

Presiding Officer:
Thomas A. Nesbitt, DeShazo & Nesbitt LLP - Austin, TX
3:00 pm

0.50 hr

Developments and Strategies for Employee Leaves of Absence

Hear the latest tips, tricks and strategies for managing complicated leave issues under the FMLA, ADA and USERRA, as well as Workers' Compensation statutes.

Katrina Grider, Attorney at Law - Cypress, TX

3:30 pm

0.50 hr

Hire Power: Developments in Hiring Practices

From developing the job description to on-boarding a new hire, there are plenty of tricks and traps for the unwary employer who is hiring. This session summarizes the process for identifying the best candidates for your organization's needs, while avoiding costly mistakes, and may save you money through tax breaks and other employer assistance programs.

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

4:00 pm

0.50 hr

It's Here, and There's More to Come...

As we approach the first fall open enrollment for healthcare exchanges, employers and healthcare providers are anticipating the impacts of full implementation of the Affordable Care Act. In this session, an attorney who works throughout the marketplace of healthcare providers and at their interface with federal/state regulation and payment programs, identifies a list of systemic changes to watch for and details how employer and public interests may be affected.

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

4:30 pm

0.75 hr
0.25 hr ethics

HR on Trial: Internal Investigations and Their Impact on Trial Success

Gain insight on employers' best practices to ensure thorough, legal investigations, and plaintiffs' best strategies for attacking employer investigations. Recent agency guidance and case law on investigations are also addressed, and examples where poor investigations resulted in liability exposure for the employer are examined.

Elizabeth Siberry Chestney, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
Kenneth D. Hughes, Hughes Roch LLP - Houston, TX

5:15 pm
Adjourn

Friday Morning, May 17, 2013

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

7:30 am
Conference Room Opens

Includes continental breakfast.

8:30 am

0.75 hr
0.50 hr ethics

Hiring Candidates with Restrictive Covenant Agreements

A discussion of the practical, ethical and legal requirements attendant to hiring employees who have non-competition, non-solicitation and/or confidentiality contracts with previous employers.

Sean M. Becker, Vinson & Elkins LLP - Houston, TX
Christopher H. Hahn, Dell - Round Rock, TX

9:15 am

0.75 hr

What's It Worth?

We all know one of the hardest aspects of our practices is evaluating the value of our case. This presentation offers practice tips for each side of the docket.

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

10:00 am
Break

10:15 am

0.75 hr ethics

"Winning" at Mediation: Perspectives on Strategies

Perspectives on achieving positive outcomes by utilizing the mediation process.

Scot L. Beckenbaugh, Federal Mediation and Conciliation Service - Washington, DC

11:00 am

0.75 hr

Public Employment: Recent Developments

A focused discussion of statutory and recent case law developments relevant to public sector employment, including free speech, due process, search and seizure, privacy and whistleblower law.

B. Lee Crawford Jr., City of Austin Law Department - Austin, TX

11:45 pm
Pick Up Lunch

Included in conference registration fee.

Friday Afternoon, May 17, 2013

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

LUNCHEON PRESENTATION

12:05 pm

1.00 hr

Legal Writing for the Rewired Brain: Persuading Readers in a Paperless World

Screen reading changes the way we perceive and process information. Learn how technology is rewiring our brains and what you can do to craft legal documents to be more useful for screen readers.

Robert B. Dubose, Alexander Dubose & Townsend LLP - Houston, TX

 
1:05 pm
Break

1:15 pm

0.75 hr

Whistleblower and Retaliation Law: Recent Developments

Developments and developing trends in retaliation law, including whistleblower laws: new protections, dying doctrines, what's hitting the judicial radar and what's just hitting big.

Amy Gibson, Gibson Wiley PLLC - Dallas, TX

2:00 pm

0.50 hr

Dos and Don'ts for Dealing with the EEOC

How to develop a record, respond to charges, and deal with requests for further information and documents.

Jennifer M. Trulock, Baker Botts - Dallas, TX

2:30 pm

0.75 hr ethics

Ethics and Professionalism Update for Employment Lawyers

Update on ethics and professionalism issues including conflicts of interests, representation of insured clients in employment practice liability insurance matters, inadvertent disclosure rules, attorney-client privilege and waiver issues, metadata issues, and ethical issues relating to settlement discussions.

Dennis P. Duffy, Baker & Hostetler LLP - Houston, TX

3:15 pm
Adjourn

UT Law CLE

2013 Labor and Employment Law Conference

Faculty

Conference Faculty

Scot L. Beckenbaugh
Federal Mediation and Conciliation Service
Washington, DC
Sean M. Becker
Vinson & Elkins LLP
Houston, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Vianei Lopez Braun
Buck Keenan LLP
Houston, TX
Clara "C.B." Burns
Kemp Smith LLP
El Paso, TX
Elizabeth Siberry Chestney
Cornell Smith Mierl & Brutocao, LLP
Austin, TX
B. Lee Crawford Jr.
City of Austin Law Department
Austin, TX
Robert B. Dubose
Alexander Dubose & Townsend LLP
Houston, TX
Dennis P. Duffy
Baker & Hostetler LLP
Houston, TX
Phil Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Michael W. Fox
Ogletree Deakins
Austin, TX
Edward L. Friedman
Baker & Hostetler LLP
Houston, TX
Amy Gibson
Gibson Wiley PLLC
Dallas, TX
Katrina Grider
Attorney at Law
Cypress, TX
Christopher H. Hahn
Dell
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
Hughes Roch LLP
Houston, TX
John V. Jansonius
Jackson Walker L.L.P.
Dallas, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
David T. Lopez
David T. Lopez & Assoc.
Houston, TX
Audrey E. Mross
Munck Wilson Mandala, LLP
Dallas, TX
Rod Phelan
Baker Botts
Dallas, TX
Glen A. Reed
King & Spalding LLP
Atlanta, GA
Rod Tanner
Tanner & Associates, P.C.
Fort Worth, TX
Jennifer M. Trulock
Baker Botts
Dallas, TX

Planning Committee

James H. Kizziar Jr.—Chair
Bracewell & Giuliani 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
Houston, TX
Vianei Lopez Braun
Buck Keenan LLP
Houston, TX
Connie L. Cornell
Cornell Smith Mierl & Brutocao, LLP
Austin, TX
B. Lee Crawford Jr.
City of Austin Law Department
Austin, TX
Dennis P. Duffy
Baker & Hostetler LLP
Houston, TX
Phil Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Amy Gibson
Gibson Wiley PLLC
Dallas, TX
Christopher H. Hahn
Dell
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
Jackson Walker L.L.P.
Dallas, TX
David T. Lopez
David T. Lopez & Assoc.
Houston, TX
Laura M. Merritt
Wilson Sonsini Goodrich & Rosati
Austin, TX
Audrey E. Mross
Munck Wilson Mandala, LLP
Dallas, TX
Thomas A. Nesbitt
DeShazo & Nesbitt LLP
Austin, TX
Rod Tanner
Tanner & Associates, P.C.
Fort Worth, TX
Michelle M. Turner
Austin, TX

UT Law CLE

2013 Labor and Employment Law Conference

Credit Information

MCLE Credit

Texas
13.00 hrs  |  3.25 hrs Ethics
Legal Specialization(s): 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  |  3.25 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.  
Oklahoma
15.50 hrs  |  4.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
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

2013 Labor and Employment Law Conference

Key Dates

Austin

  • Last day for Green Registration - USB Key ONLY early registration: May 10, 2013
    Add $50 for registrations received after this time
  • Last day for Standard Registration early registration: May 10, 2013
    Add $50 for registrations received after this time
  • Last day for Group 10% (5-9) early registration: May 10, 2013
    Add $50 for registrations received after this time
  • Last day for Group 20% (10+) early registration: May 10, 2013
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 10, 2013
  • Last day for cancellation (partial refund): May 13, 2013
    $50 processing fee applied

UT Law CLE

2013 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

$174.00 good through May 8, 2013
Reserve your room online.

Parking Information

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