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22nd Annual

Labor and Employment Law Conference

Austin May 12-13, 2015 AT&T Conference Center
Conference Concluded
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Overview

The 22nd Annual Labor and Employment Law Conference offers two days of timely updates and emerging trends in employment law from leading members of the employment law bench and bar along with HR and personnel experts. Highlights include:

  • Martha Kinard, NLRB Regional Director, presents Social Media and Protected Concerted Activities
  • A summary of key employee benefits issues under the Affordable Care Act and practical guidance for managing their impact
  • An analysis of the Uniform Trade Secrets Act and its impact on drafting non-compete agreements, clawback of benefits and risk allocation.
  • Discussions on workplace discrimination, including religion the workplace and emerging LGBT issues
  • An understanding of workplace violence before, during and after an incident
  • An exploration of how “big data” is being captured, used and analyzed by employers and its increasing use and legal implications in employment decision-making
  • Ethics and professionalism update for employment lawyers, plus ethical settlement negotiation and case valuation
  • Focused series of presentations on litigation strategies and workforce strategies
  • The latest on federal and state employment case law and legislative developments, including disability issues under the ADA, guidance under the NLRA, and more

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Event Schedule

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

  • Day 1 May 12, 2015
  • Day 2 May 13, 2015
  • Time
    Credit
    Subject
    Speaker
  • Tuesday Morning, May 12, 2015
    Presiding Officer:
    David T. Lopez, Attorney at Law - Houston, 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 Texas state law with a discussion of significant new Texas cases and important trends in other states.

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

  • 9:15 am
    0.50 hr
    New Federal Case Law and Legislation
    Analyze recent Supreme Court decisions, significant federal case law and federal legislative developments.

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

  • 9:45 am
    0.50 hr
    Federal Regulatory Update
    A discussion of important new developments at federal agencies which regulate labor and employment matters.

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

  • 10:15 am
    Break

  • 10:30 am
    0.75 hr
    Public Sector Employment Law Update
    A focused discussion of recent statutory and case developments in public sector employment law, including free speech, due process, search and seizure, privacy and whistleblower law.

    B. Lee Crawford Jr., City of Austin Law Department - Austin, TX
    Margaret A. Harris, Butler & Harris - Houston, TX

  • 11:15 am
    0.33 hr
    Affordable Care Act: Welcome to the Brave New World of 2015
    After almost five years, one of the last major parts of the ACA—the employer mandate—has now become effective for many employers. While employers can breathe a little easier knowing that this requirement has been clarified by a regular stream of guidance from Washington, many thorny practical problems remain to be solved during 2015 and beyond. Understand the key ACA and employee benefits issues you need to know about in 2015 and get practical tips for managing their impact.

    Timothy G. Verrall, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Houston, TX

  • 11:35 am
    0.50 hr
    Recent Developments under the National Labor Relations Act
    In the past year, a revitalized National Labor Relations Board has addressed a number of significant issues affecting union and nonunion workplaces. Hear recent developments from regulation of employer e-mail policies to expansion of the joint employer doctrine.

    Danielle E. Needham, Jackson Walker L.L.P. - Fort Worth, TX
    Rod Tanner, Tanner and Associates, PC - Fort Worth, TX

  • 12:05 pm
    Pick Up Lunch
    Included in registration.

  • Tuesday Afternoon, May 12, 2015
    Presiding Officer:
    James H. Kizziar Jr., Bracewell & Giuliani LLP - San Antonio, TX and Washington, DC
  • LUNCHEON PRESENTATION
  • 12:25 pm
    0.75 hr
    Social Media and Protected Concerted Activities
    What do I do when my employees talk about work on Facebook? On Twitter? Does the NLRA apply to me if I don’t have a union?  Oh yes, it does!

    Martha E. Kinard, Regional Director, National Labor Relations Board - Fort Worth, TX

  • 1:10 pm
    Break

  • 1:25 pm
    0.75 hr
    Strategies for Employee Leaves of Absence
    Discover tips, tricks and strategies to deal with issues like intermittent leave, leave abuse, ADA accommodation, certification and return to work documentation, psychiatric health conditions and more.

    Katrina Grider, Attorney at Law - Cypress, TX

  • 2:10 pm
    0.50 hr
    Religious Discrimination: It’s Even More Complicated than You Thought
    Employers are not only faced with traditional demands for accommodation, but experience new challenges from proselytizing employees, some of whom are now asserting their own religious beliefs. Courts are now facing a question they have long tried to avoid—what actually is a religion? The potential clash of these various interests pose fascinating challenges both for courts and for the lawyers who represent employers or employees.

    Michael W. Fox, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX

  • 2:40 pm
    0.50 hr
    Emerging LGBT Issues in the Workplace
    Recent legal developments have dramatically changed the landscape for same-sex marriage and the rights of LGBT employees in the workplace. Explore the related impact on employee benefit plans, leave entitlements, and anti-discrimination policies.

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

  • 3:10 pm
    Break

  • 3:20 pm
    0.50 hr
    Dealing with Workplace Violence
    Address the three phases of crisis management by focusing on understanding and preventing workplace violence before there is an incident, steps to take during an incident to minimize injuries and damage, and steps to take following an incident of violence in the workplace.

    Dennis A. Davis, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Torrance, CA

  • 3:50 pm
    0.75 hr
    0.25 hr ethics
    The Limits of Fair Competition: The UTSA, Non‑Competes, Clawbacks and More
    Significant recent non-compete decisions, an update on the Uniform Trade Secret Act, non-compete drafting tips, and discussion of considerations that arise at the outset of litigation, plus practical considerations when seeking or opposing applications for a TRO and temporary injunction.  

    Tom Nesbitt, DeShazo & Nesbitt LLP - Austin, TX
    Hon. R. K. Sandill, 127th District Court - Houston, TX
    Howard L. Steele Jr., Steele Law Group, PLLC - Houston, TX

  • 4:35 pm
    0.50 hr
    0.25 hr ethics
    Getting from Internet to Evidence
    Social media can be a goldmine in employment law cases, if you can discover it and get it into evidence. Learn ethical methods of eDiscovery related to social media, the nuts and bolts of admitting social media data into evidence, and strategies for using that evidence on both liability and damages claims.

    Michael J. Golden, Boulette Golden & Marin L.L.P. - Austin, TX

  • 5:05 pm
    0.50 hr ethics
    Ethical Settlement and Case Valuation
    Part science experiment and part game show, analyze the valuation of a few employment law situations, including how employee-side and employer-side lawyers' perspectives differ, and how that can assist in ethical settlement negotiations.

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

  • 5:35 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Wednesday Morning, May 13, 2015
    Presiding Officer:
    Linda Ottinger Headley, Littler Mendelson P.C. - Houston, TX
  • 7:30 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.75 hr
    Developments in Disability Discrimination Law
    A look at significant developments under the ADA and insight into emerging disability issues.

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

  • 9:15 am
    0.50 hr
    Employment Cases: A View from the Bench
    A discussion of recent developments and hot topics in state court employment practice, including the impact of the new Rule 91a, the application of the anti-SLAPP statute and the Texas Uniform Trade Secrets Act.

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

  • 9:45 am
    Break

  • Track A: Litigation Strategies
    Presiding Officer:
    Linda Ottinger Headley, Littler Mendelson P.C. - Houston, TX
  • 10:00 am
    0.50 hr
    Dos and Don'ts for Federal Law Practice
    A roundtable discussion on federal practice tips from former federal law clerks.

    Moderator:
    J. Allen Douglas, Littler Mendelson P.C. - Houston, TX
    J. Derek Braziel, Lee & Braziel, LLP - Dallas, TX
    Panelists:
    Elizabeth Siberry Chestney, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
    Shreedhar R. Patel, Steele Law Group, PLLC - Houston, TX

  • 10:30 am
    0.50 hr
    Depositions
    We rely on deposition testimony to support or overcome motions for summary judgment, bolster negotiating positions, and impeach witnesses at trial. Hear tips and strategies for taking effective depositions and getting the evidence you need.

    Moderator:
    Vianei Lopez Braun, Buck Keenan LLP - Houston, TX
    Panelists:
    Malinda A. Gaul, Law Offices of Gaul and Dumont - San Antonio, TX
    Robert E. Sheeder, Bracewell & Giuliani LLP - Dallas, TX

  • 11:00 am
    0.50 hr
    0.25 hr ethics
    Gaining an Edge: The Use of Jury Consultants
    The demand for and use of jury consultants has increased dramatically in the last few years. Trial lawyers, in-house counsel, and insurance counsel now frequently look to jury consultants for answers as to case assessment, trial strategy, and risk avoidance. Learn what tools a jury consultant can provide to help you succeed in your litigation practice.

    Emily McDonald, Bloom Strategic Consulting, Inc. - Dallas, TX

  • 11:30 am
    0.33 hr
    What We Have Here... Is a Failure to Mitigate
    Analyze the legal standards and issues regarding mitigation, including burden of proof, evidentiary requirements, expert testimony, and recent developments. Plus, get trial tips and other practical advice for plaintiffs and defendants.

    Kenneth D. Hughes, Hughes Roch LLP - Houston, TX

  • 11:50 am
    0.50 hr
    Proving or Defending against Mixed Motive Claims
    Tips and traps with this causation standard.

    Katherine L. Butler, Butler & Harris - Houston, TX
    John V. Jansonius, Jackson Walker L.L.P. - Dallas, TX

  • Track B: Workforce Strategies
    Presiding Officer:
    Tom Nesbitt, DeShazo & Nesbitt LLP - Austin, TX
  • 10:00 am
    0.50 hr
    Leveraging Human Resources
    Gain a new perspective on the HR function, including the challenges that face many HR professionals as they make their way to being recognized as a true business partner in their organization. How do you stop your business people from considering you an obstacle and instead an ally–before they ask you to fix their mess ups?

    Daisy Olivera, vcfo - Austin, TX

  • 10:30 am
    0.33 hr
    HR in Times of Crisis
    How to navigate the legal issues presented during unexpected challenges such as weather events, pandemics, and other emergencies.

    Laura M. Merritt, Boulette Golden & Marin L.L.P. - Austin, TX

  • 10:50 am
    0.50 hr
    The Dos and Don’ts of Background Checks
    Many employers find that background checks are an important tool to use when making hiring decisions. Learn how to avoid class action lawsuits, as well as violations of privacy rights and the Fair Credit Reporting Act when conducting background checks on applicants and employees. 

    Victoria Martin Phipps, Littler Mendelson P.C. - Houston, TX

  • 11:20 am
    0.50 hr
    0.25 hr ethics
    FLSA Audits
    Pre-inspection preparation issues, including preserving evidence, individual liability, and maximizing defenses.

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

  • 11:50 am
    0.50 hr
    Handbooks 2015
    Practical tips to update existing policies and adopt new ones in light of recent NLRB, EEOC, and court activity, as well as new state and local sick leave laws for multi-state employers.

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

  • 12:20 pm
    Pick Up Lunch
    Included in registration.

  • Wednesday Afternoon, May 13, 2015
    Presiding Officer:
    Connie L. Cornell, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
  • 12:40 pm
    0.75 hr
    0.25 hr ethics
    In-House Insights: What Resonates with In-House Lawyers
    A discussion of what action—or inaction—influences selection and retention of defense counsel, as well as the steps a plaintiff’s lawyer can take to grab the attention of the company’s internal lawyers.

    Moderator:
    Brian S. Greig, Norton Rose Fulbright - Austin, TX
    Panelists:
    Christopher H. Hahn, Dell - Round Rock, TX
    Nestor Ho, Silicon Labs - Austin, TX
    Ana Christina Ward, Asuragen, Inc. - Austin, TX

  • 1:25 pm
    Break

  • 1:40 pm
    0.75 hr
    Big Data: Analytics and the Hackable Employee 
    Explore the growing use of data analytics in traditional employment decision-making, the potential for using big data to effect positive change, and the legal risks associated with unsophisticated big data decision-making. Discuss the new era of voluntarily-captured personal data and the creative use of the same by employee and employer advocates alike. Specific treatment will be given to big data and Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Stored Communications Act, the Texas Uniform Trade Secrets Act, and more.

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

  • 2:25 pm
    0.50 hr
    0.25 hr ethics
    Retaliation Red Flags
    What can help you or hurt you in preventing or proving a retaliation case?

    Amy Gibson, Gibson Wiley PLLC - Dallas, TX

  • 2:55 pm
    0.75 hr ethics
    Ethics and Professionalism Update for Employment Lawyers
    An annual 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, cellphone, computer and social media issues, and ethical issues relating to settlement discussions.

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

  • 3:40 pm
    Adjourn

  • Day 1 May 12, 2015
  • Day 2 May 13, 2015
Download Schedule

Conference Faculty

Sean M. Becker

Vinson & Elkins LLP
Houston, TX

Jason Boulette

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

Vianei Lopez Braun

Buck Keenan LLP
Houston, TX

J. Derek Braziel

Lee & Braziel, LLP
Dallas, TX

Clara "C. B." Burns

Kemp Smith LLP
El Paso, TX

Katherine L. Butler

Butler & Harris
Houston, TX

Elizabeth Siberry Chestney

Cornell Smith Mierl & Brutocao, LLP
Austin, TX

Connie L. Cornell

Cornell Smith Mierl & Brutocao, LLP
Austin, TX

B. Lee Crawford Jr.

City of Austin Law Department
Austin, TX

Dennis A. Davis

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Torrance, CA

J. Allen Douglas

Littler Mendelson P.C.
Houston, TX

Dennis P. Duffy

Baker & Hostetler LLP
Houston, TX

Philip Durst

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

Michael W. Fox

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX

Malinda A. Gaul

Law Offices of Gaul and Dumont
San Antonio, TX

Amy Gibson

Gibson Wiley PLLC
Dallas, TX

Michael J. Golden

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

Brian S. Greig

Norton Rose Fulbright
Austin, TX

Katrina Grider

Attorney at Law
Cypress, TX

Christopher H. Hahn

Dell
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

Nestor Ho

Silicon Labs
Austin, TX

Kenneth D. Hughes

Hughes Roch LLP
Houston, TX

John V. Jansonius

Jackson Walker L.L.P.
Dallas, TX

Martha E. Kinard

Regional Director, National Labor Relations Board
Fort Worth, TX

James H. Kizziar Jr.

Bracewell & Giuliani LLP
San Antonio, TX and Washington, DC

Emily McDonald

Bloom Strategic Consulting, Inc.
Dallas, TX

Laura M. Merritt

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

Hon. Kenneth H. Molberg

95th Judicial District Court
Dallas, TX

Audrey E. Mross

Munck Wilson Mandala, LLP
Dallas, TX

Danielle E. Needham

Jackson Walker L.L.P.
Fort Worth, TX

Tom Nesbitt

DeShazo & Nesbitt LLP
Austin, TX

Daisy Olivera

vcfo
Austin, TX

Shreedhar R. Patel

Steele Law Group, PLLC
Houston, TX

Victoria Martin Phipps

Littler Mendelson P.C.
Houston, TX

Hon. R. K. Sandill

127th District Court
Houston, TX

Shannon B. Schmoyer

Schmoyer Reinhard LLP
San Antonio, TX

Robert E. Sheeder

Bracewell & Giuliani LLP
Dallas, TX

Howard L. Steele Jr.

Steele Law Group, PLLC
Houston, TX

Rod Tanner

Tanner and Associates, PC
Fort Worth, TX

Timothy G. Verrall

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Houston, TX

Ana Christina Ward

Asuragen, Inc.
Austin, TX

Planning Committee

Connie L. Cornell—Chair

Cornell Smith Mierl & Brutocao, LLP
Austin, TX

Sean M. Becker

Vinson & Elkins LLP
Houston, TX

Jason Boulette

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

Richard R. Brann

Baker Botts
Houston, TX

Vianei Lopez Braun

Buck Keenan LLP
Houston, TX

Clara "C. B." Burns

Kemp Smith LLP
El Paso, TX

B. Lee Crawford Jr.

City of Austin Law Department
Austin, TX

Dennis P. Duffy

Baker & Hostetler LLP
Houston, TX

Philip Durst

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

Michael W. Fox

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX

Amy Gibson

Gibson Wiley PLLC
Dallas, TX

Brian S. Greig

Norton Rose Fulbright
Austin, TX

Christopher H. Hahn

Dell
Round Rock, TX

Linda Ottinger Headley

Littler Mendelson P.C.
Houston, TX

Kenneth D. Hughes

Hughes Roch LLP
Houston, TX

John V. Jansonius

Jackson Walker L.L.P.
Dallas, TX

Joanna Jefferson

The University of Texas School of Law
Austin, TX

James H. Kizziar Jr.

Bracewell & Giuliani LLP
San Antonio, TX and Washington, DC

David T. Lopez

Attorney at Law
Houston, TX

Laura M. Merritt

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

Audrey E. Mross

Munck Wilson Mandala, LLP
Dallas, TX

Tom Nesbitt

DeShazo & Nesbitt LLP
Austin, TX

Victoria Martin Phipps

Littler Mendelson P.C.
Houston, TX

Shannon B. Schmoyer

Schmoyer Reinhard LLP
San Antonio, TX

Howard L. Steele Jr.

Steele Law Group, PLLC
Houston, TX

Rod Tanner

Tanner and Associates, PC
Fort Worth, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 14.50 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Civil Appellate Law, 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.
Toggle view California – 14.50 hrs  |  2.50 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.  
Toggle view Ohio – 12.00 hrs  |  2.50 hrs Ethics
You must claim and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. 
Toggle view Oklahoma – 17.50 hrs  |  3.00 hrs Ethics
You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other Credit
Toggle view Human Resources PHR/SPHR/GPHR – 14.50 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
Toggle view Human Resources SHRM-CP / SHRM-SCP – 14.50 hrs
The University of Texas School of Law is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. 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 course ID number. Please contact us at accreditation@utcle.org if you have additional questions.

 
 
Toggle view TX Accounting CPE – 17.00 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 12-13, 2015 – AT&T Conference Center
Conference Concluded
Buy
  • Austin
Individual
Last day for $595.00 Regular pricing: May 1, 2015

$645.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $540.00 Regular pricing: May 1, 2015

$590.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $480.00 Regular pricing: May 1, 2015

$530.00 for registrations received after this time

Last day for cancellation (full refund): May 6, 2015

$50 processing fee applied after this date

Last day for cancellation: May 8, 2015

Venue

speaker

AT&T Conference Center

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

Accommodations

The AT&T Conference Center is sold out. Rooms are available at the Hampton Inn & Suites Austin at The University/Capitol. Please contact the hotel directly at 512.499.8881 and mention The University of Texas School of Law Continuing Legal Education to receive a reduced room rate.
 

Parking Information

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

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