eConference
2018 Labor and Employment Law eConference
Contains material from May 2018 to Jun 2018
2018 Labor and Employment Law eConference
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After 25 years, UT Law’s Labor and Employment Law eConference is more relevant than ever. With timely updates and emerging trends in employment law from leading members of the bar and personnel experts, the conference has earned the reputation as the premier program on employment law practice in Texas.
This year’s highlights include:
This year’s highlights include:
- Exploration of the The Boundaries of Employee Free Speech with discussion of the rights of employees to express their views and the competing rights of public and private employers to respond.
- Insight into unconscious bias in the workplace, including how it may influence workplace decisions and interactions, and the latest approaches and legal implications for addressing it.
- Examination of current activity involving Leaves of Absence Under the FMLA and ADA, including tactics for pushing back on suspected leave abuse.
- What Is It Worth? An analysis of how lawyers on each side of the docket value the settlement of cases and how to compare in terms of valuation for standard employment law situations.
- Focused presentation series on litigation strategies (featuring discussion of expert witnesses and anti-SLAPP concerns) and workforce solutions (featuring discussion of the onboarding process and preventing workplace violence).
- The latest federal and state employment case law and legislative developments, including disability issues under the ADA, guidance under the NLRA, and more.
Includes: Video Audio Paper Slides
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1.
State Employment Law Update: Texas and Beyond (Jun 2018)
Clara "C. B." Burns
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Session 1
—43 mins
State Employment Law Update: Texas and Beyond (Jun 2018)
Review employment-related developments under Texas state law with a discussion of significant new Texas cases and important trends in other states.
Originally presented: May 2018 Labor and Employment Law Conference
Clara "C. B." Burns,
Kemp Smith LLP - El Paso, TX
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2.
Federal Employment Law Developments in 2017-2018 (Jun 2018)
Linda Ottinger Headley
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Session 2
—47 mins
Federal Employment Law Developments in 2017-2018 (Jun 2018)
Look back at significant developments in the legislative and executive branches, federal agencies, the Supreme Court and lower federal courts, and explore what the future may hold.
Originally presented: May 2018 Labor and Employment Law Conference
Linda Ottinger Headley,
Littler Mendelson P.C. - Houston, TX
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3.
Data Analytics (Jun 2018)
Zev J. Eigen
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Session 3
—29 mins
Data Analytics (Jun 2018)
Learn how to easily kick-start your firm’s innovation efforts, close the gender pay gap (for you and your clients), and use data to reduce bias, improve inclusion as part of a diversity and inclusion initiative, and simultaneously use proven scientific methods to improve bottom-line profitability!
Originally presented: May 2018 Labor and Employment Law Conference
Zev J. Eigen,
Syndio - Los Angeles, CA
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4.
Flip-Flop at the Board: What’s Gone, What’s New, What’s Coming Under the NLRA (Jun 2018)
John V. Jansonius, Rod Tanner
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Session 4
—44 mins
Flip-Flop at the Board: What’s Gone, What’s New, What’s Coming Under the NLRA (Jun 2018)
A union lawyer and management lawyer discuss and debate the turn of events and precedent at the NLRB, and how that is impacting employment policies and practices for non-union and unionized employers.
Originally presented: May 2018 Labor and Employment Law Conference
John V. Jansonius,
Jackson Walker LLP - Dallas, TX
Rod Tanner,
Tanner and Associates, PC - Fort Worth, TX
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5.
Texas Unemployment and Payday Law Update (Jun 2018)
William T. (Tommy) Simmons
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Session 5
—30 mins
Texas Unemployment and Payday Law Update (Jun 2018)
Get updated on how the Texas Workforce Commission has been ruling on unemployment, wage, and discrimination claims. Follow an outline of the most important compliance issues, and hear highlights of the best practices to follow when assisting clients with unemployment and wage claims.
Originally presented: May 2018 Labor and Employment Law Conference
William T. (Tommy) Simmons,
Texas Workforce Commission - Austin, TX
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6.
Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality (Jun 2018)
Laura Beth Nielsen
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Session 6
—47 mins
Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality (Jun 2018)
Understand the fundamental tensions in anti-discrimination law, how it impacts plaintiffs and defendants in the litigation system, and hear practical recommendations for how to better respond to persistent patterns of discrimination.
Originally presented: May 2018 Labor and Employment Law Conference
Laura Beth Nielsen,
Northwestern University and American Bar Foundation - Chicago, IL
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7.
Leaves of Absence Under the FMLA and ADA (Jun 2018)
Alexis C. Knapp
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Session 7
—45 mins
Leaves of Absence Under the FMLA and ADA (Jun 2018)
Hear a real time update on current activity from the federal agencies, the courts, and the plaintiffs’ bar relating to employee leaves of absence from work for medical reasons. Explore, among other things, navigating complex FMLA issues, changes to the FMLA landscape in recent years, the blending of FMLA leaves into leaves as an accommodation under the ADA, when enough is enough in terms of extended leaves of absence, and tactics to push back on suspected leave abuse.
Originally presented: May 2018 Labor and Employment Law Conference
Alexis C. Knapp,
Littler Mendelson P.C. - Houston, TX
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8.
Reputational Risk: Managing Perceptions with Image Repair (Jun 2018)
Jeff Hahn, Tom Nesbitt
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Session 8
—31 mins
Reputational Risk: Managing Perceptions with Image Repair (Jun 2018)
When the reputation of the client is uncertain and “no comment” is not an option, hear from a public relations veteran and an employment attorney on strategies for communicating with the public and employees. Discussion includes the advanced Image Repair Theory crisis communication guide, coordinating the legal and communications team, and the professional ethical rules that govern lawyers when speaking about ongoing conflict.
Originally presented: May 2018 Labor and Employment Law Conference
Jeff Hahn,
Hahn Public Communications - Austin, TX
Tom Nesbitt,
DeShazo & Nesbitt LLP - Austin, TX
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9.
The New Gender and Sexuality (Jun 2018)
Laura M. Merritt
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Session 9
—44 mins
The New Gender and Sexuality (Jun 2018)
Legal update and practical workplace impact of social and cultural shifts with respect to the evolving terminology and variety of gender identity, gender expression, and sexual orientation.
Originally presented: May 2018 Labor and Employment Law Conference
Laura M. Merritt,
Boulette Golden & Marin L.L.P. - Austin, TX
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10.
Anti-SLAPP for Employment Lawyers (May 2018)
Sean M. Becker
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Session 10
—43 mins
Anti-SLAPP for Employment Lawyers (May 2018)
The Texas Citizens Participation Act created new challenges in pursuing, and new opportunities for defending, certain employment-related claims. Review recent case law interpretations and analyze Texas’ anti-SLAPP statute, it's expanding reach, and the implications for employment lawyers.
Originally presented: May 2018 Labor and Employment Law Conference
Sean M. Becker,
Vinson & Elkins LLP - Houston, TX
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11.
Legal Issues in the Onboarding Process (Jun 2018)
Vianei Lopez Braun
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Session 11
—29 mins
Legal Issues in the Onboarding Process (Jun 2018)
The onboarding process involves a variety of legal issues, including immigration law compliance (I-9 forms), dispute resolution (arbitration agreements or jury waivers), and the protection of company information (confidentiality, non-solicitation and/or non-competition agreements). Discuss onboarding strategies that protect the employer’s interests without alienating new employees.
Originally presented: May 2018 Labor and Employment Law Conference
Vianei Lopez Braun,
Decker Jones, P.C. - Fort Worth, TX
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12.
Effective Use of Expert Witnesses (May 2018)
Robert E. Sheeder
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Session 12
—28 mins
Effective Use of Expert Witnesses (May 2018)
Expert witnesses can make or break your case. Explore different ways to use them, and what you can and can't do with their testimony.
Originally presented: May 2018 Labor and Employment Law Conference
Robert E. Sheeder,
Bracewell - Dallas, TX
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13.
Threat Matrix: Preventing and Responding to Workplace Violence (Jun 2018)
Audrey E. Mross
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Session 13
—33 mins
Threat Matrix: Preventing and Responding to Workplace Violence (Jun 2018)
Violence in the workplace is rarely random which means there are often clues and an opportunity to deter or minimize the harm and havoc. Identify and balance the legal issues and practical concerns, use the provided checklist to assess your threat matrix and prepare reasonable countermeasures.
Originally presented: May 2018 Labor and Employment Law Conference
Audrey E. Mross,
Munck Wilson Mandala, LLP - Dallas, TX
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14.
ADR Advantages, Disadvantages and Techniques: The Smoothest (Mostly) Road to Yes... or at Least to Closure (May 2018)
Richard R. Brann, David T. Lopez
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4 pgs
Session 14
—31 mins
ADR Advantages, Disadvantages and Techniques: The Smoothest (Mostly) Road to Yes... or at Least to Closure (May 2018)
From both sides of the docket, experienced employment litigators now serving as mediators and arbitrators address why, when, and how employment claims can be resolved quickly and efficiently through mediation or arbitration, dispelling certain misconceptions, and suggesting ways to avoid common errors in ADR.
Originally presented: May 2018 Labor and Employment Law Conference
Richard R. Brann,
Baker Botts - Houston, TX
David T. Lopez,
Attorney-Arbitrator-Mediator - Houston, TX
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15.
Disaster Planning and Response (Jun 2018)
Connie L. Cornell
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Session 15
—26 mins
Disaster Planning and Response (Jun 2018)
Recent events have underscored the need for employers to develop and maintain a disaster response plan. Explore the legal issues involved in this sort of planning, and how to make sure the interests of both employees and employers are addressed in your plan.
Originally presented: May 2018 Labor and Employment Law Conference
Connie L. Cornell,
Cornell Smith Mierl & Brutocao, LLP - Austin, TX
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16.
Damages in Trade Secret and Non-Compete Cases (May 2018)
Vanessa M. Griffith
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5 pgs
Session 16
—28 mins
Damages in Trade Secret and Non-Compete Cases (May 2018)
Damages are a crucial but often overlooked component of litigation arising from restrictive covenants. This presentation addresses key legal principles and recent developments in the area of damages in this type of litigation.
Originally presented: May 2018 Labor and Employment Law Conference
Vanessa M. Griffith,
Vinson & Elkins LLP - Dallas, TX
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17.
Public Sector Update (Jun 2018)
B. Craig Deats, Natalie G. DeLuca
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Session 17
—47 mins
Public Sector Update (Jun 2018)
Discuss recent developments of importance for representing government employees, including First Amendment, due process, privacy, political patronage, and state law developments in the public workplace.
Originally presented: May 2018 Labor and Employment Law Conference
B. Craig Deats,
Deats, Durst & Owen, P.L.L.C. - Austin, TX
Natalie G. DeLuca,
Metropolitan Transit Authority - Houston, TX
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18.
Developments in Disability Discrimination Law (Jun 2018)
James H. Kizziar Jr.
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Session 18
—46 mins
Developments in Disability Discrimination Law (Jun 2018)
Review significant regulatory and court developments under the Americans with Disabilities Act and gain insights into emerging disability issues.
Originally presented: May 2018 Labor and Employment Law Conference
James H. Kizziar Jr.,
Bracewell - San Antonio, TX and Washington, DC
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19.
Misbehavior in the C-Suite (Jun 2018)
Jason Boulette
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Session 19
—30 mins
Misbehavior in the C-Suite (Jun 2018)
Misconduct by senior executives implicates unique issues and challenges for employers and lawyers alike. Using real-world examples, explore strategies for handling allegations of misconduct in the C-Suite and how to proceed when those allegations are substantiated. Examine the unique ethical issues presented when a client representative refuses to follow the advice of counsel for dealing with executive misconduct.
Originally presented: May 2018 Labor and Employment Law Conference
Jason Boulette,
Boulette Golden & Marin L.L.P. - Austin, TX
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20.
The Boundaries of Employee Free Speech (Jun 2018)
Jason Boulette, B. Lee Crawford Jr., Malinda A. Gaul
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4 pgs
Session 20
—43 mins
The Boundaries of Employee Free Speech (Jun 2018)
As social media continues to evolve, employees are increasingly able to express their personal opinions on current events to wider audiences. Examine the rights of employees to express their views both inside and outside the workplace, and the competing rights of public and private employers to respond to those views when they conflict with their own values or those of their customers or employees. Explore when an employer may actually be obligated to take action against an employee for views expressed outside the workplace, including discussion of real-world situations like the events of Charlottesville, VA, the viral misogynistic "manifesto" written by an engineer employed by a giant in the technology industry, and an NFL player’s decision to take a stand by taking a knee.
Originally presented: May 2018 Labor and Employment Law Conference
Jason Boulette,
Boulette Golden & Marin L.L.P. - Austin, TX
B. Lee Crawford Jr.,
City of Austin Law Department - Austin, TX
Malinda A. Gaul,
Gaul and Dumont - San Antonio, TX
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21.
The #MeToo Movement: Harassment in the Workplace (Jun 2018)
Amy Gibson, Shannon B. Schmoyer
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Session 21
—31 mins
The #MeToo Movement: Harassment in the Workplace (Jun 2018)
In 2017, we saw a new surge in harassment claims. Learn about appropriate workplace training and hear viewpoints from both the employee and the management-side experts.
Originally presented: May 2018 Labor and Employment Law Conference
Amy Gibson,
Gibson Wiley PLLC - Dallas, TX
Shannon B. Schmoyer,
Schmoyer Reinhard LLP - San Antonio, TX
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22.
Emerging from the Shadows: Unconscious Bias in the Workplace (Jun 2018)
Katrina Grider
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Session 22
—42 mins
Emerging from the Shadows: Unconscious Bias in the Workplace (Jun 2018)
While the existence of unconscious bias is inevitable, the way we deal with hidden biases in the workplace is enormously important. Examine how unconscious bias may influence workplace decisions and interactions, and discuss the latest approaches and legal implications for addressing it.
Originally presented: May 2018 Labor and Employment Law Conference
Katrina Grider,
Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Houston, TX
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23.
Investigations in Today's Woke Workplace (Jun 2018)
DeDe Church
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Session 23
—44 mins
Investigations in Today's Woke Workplace (Jun 2018)
A veteran workplace investigator shares critical tips for ensuring that every complaint investigation is thorough, in good faith, and reliable in the midst of the #MeToo movement, instant social media postings, and polarizing employee relations issues.
Originally presented: May 2018 Labor and Employment Law Conference
DeDe Church,
DeDe Church & Associates, LLC - Austin, TX
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24.
What Is It Worth? (Jun 2018)
Philip Durst
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Session 24
—30 mins
What Is It Worth? (Jun 2018)
How do lawyers on each side of the docket value the settlement of cases, and how do you compare in terms of valuation for standard employment law situations?
Originally presented: May 2018 Labor and Employment Law Conference
Philip Durst,
Deats, Durst & Owen, P.L.L.C. - Austin, TX
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25.
Wage and Hour Update (Jun 2018)
Jason M. Storck
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Session 25
—29 mins
Wage and Hour Update (Jun 2018)
Wage and hour lawsuits continue to proliferate, and rules continue to evolve. Examine intricacies of the FLSA and developing trends in regulation and case law.
Originally presented: May 2018 Labor and Employment Law Conference
Jason M. Storck,
Wilson Sonsini Goodrich & Rosati, P.C. - Austin, TX
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26.
Ethics for Employment Attorneys (Jun 2018)
Dennis P. Duffy
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Session 26
—43 mins
Ethics for Employment Attorneys (Jun 2018)
Get updated on cutting-edge ethics issues, including attorney-client privilege and waiver issues, ex parte communications, access to social media and computer information, inadvertent disclosure and improper acquisition of confidential information, litigation holds and spoliation issues, and settlement negotiations.
Originally presented: May 2018 Labor and Employment Law Conference
Dennis P. Duffy,
Baker & Hostetler LLP - Houston, TX