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South Texas College of Law
22nd Annual
EMPLOYMENT LAW CONFERENCE
July 16-17, 2009
Houston, Texas

Scroll down to view the complete schedule

This course has been approved for 12.75 credit hours toward recertification through the Human Resource Certification Institute (HRCI).

Accredited by the State Bar of Texas for 14.25 MCLE hours, including 3.75 hours of legal ethics.
(15 hours with the Early Bird Roundtable Discussion)

Thursday, July 16, 2009

7:30 REGISTRATION and Continental Breakfast

8:20 Welcome and Opening Remarks
  • James J. Alfini, Dean and President, South Texas College of Law - Houston
  • Lisa L. Dahm, J.D., LL.M-Health, Director of CLE and Adjunct Professor, South Texas College of Law - Houston


Labor and employment attorneys and Human Resources professionals are continuously faced with an ever-changing maze of laws. In today's troubled economic climate, being familiar with these laws and regulations and understanding how they impact both employers and employees is critical. In addition, given that President Obama's legislative agenda is sure to result in some dramatic changes in the workplace, this Conference is truly a "can't miss" event.

This year's Planning Committee has included a wide variety of topics - from Texas, Fifth Circuit, and U.S. Supreme Court case updates, to major employment laws and regulations, to litigation-related issues such as ex-parte contacts, qui tam claims, and e-discovery, to emerging issues such as dealing with social media and HR Managers and Corporate Counsel who sue.

The optional Friday morning Roundtables are back - the perfect forum for those who have tough questions specific to their employers to get answers from the experts. And the final presenter on Day 1 of the Conference, and this year's reception honoree, is the Honorable Stuart J. Ishimaru, the Acting Chairman of the U.S. Equal Employment Opportunity Commission in Washington, D.C. Join your colleagues for a packed agenda offering 14.25 MCLE hours, including 3.75 hours of legal ethics.

Morning Moderator:
Sharon M. Schweitzer, J.D., PHR, Protocol Academy, LLC

8:30 Fifth Circuit Update (.50 hour)
(Includes .25 hour of legal ethics)
The Federal Court of Appeals covering Texas is in the thick of employment law developments. Hear its message.
  • William C. Murley, Raytheon Company - Dallas

9:00 Texas Law Update (.50 hour)
Here's the formula in Texas: more growth, more employees, more employment law issues. A growth industry for the Lone Star State. Don't miss the latest.
  • Professor Richard Carlson, South Texas College of Law - Houston

9:30 Creating an Effective Complaint Procedure: Is Yours All It Can Be? (.50 hour)
(Includes .25 hour of legal ethics)
It's an employer's first line of defense. Does it have holes? How can it be exploited by the other side? What are the ethics of reporting and responding? Get the answers now, not later.
  • DeDe Church, DeDe Church and Associates, LLC - Austin

10:00 Morning Break

10:15 EEOC Confidential (.50 hour)
(Includes .25 hour of legal ethics)
It's rare to hear what's on the minds of those at the EEOC. A once-a-year event only at South Texas College of Law.
  • Suzanne M. Anderson, Supervisory Attorney, U.S. Equal Employment Opportunity Commission, Dallas District - Dallas

10:45 Four From the U.S. Supreme Court, 2008-2009 Term (.25 hour)
Four key decisions: from retaliation to attorney-client privilege. Learn what they mean for you.
  • Erin E. O'Driscoll, Morgan, Lewis & Bockius LLP - Houston

11:00 The 2009 FMLA Regs: New Employer Rights (.50 hour)
Know what you can do now that you couldn't do before.
  • Mary Michelle Mahony, Muskat, Martinez & Mahony, LLP - Houston

11:30 The 2009 FMLA Regs: New Employer Obligations (.33 hour)
With new rights comes new obligations. Know both or face the music.
  • Vianei Lopez Robinson, Robinson Law Firm - Abiline

11:50 Lunch Break
(pick up lunch and return to the auditorium)

12:05 Lunch Presentation
Labor Law: "It's Back! (.75 hour)
Employee Free Choice Act (EFCA). Stepped-up DOL enforcement. It's here, it's now.
Moderator:
  • Mark R. Flora, Constangy, Brooks & Smith, LLP - Austin
Panelists:
  • Patrick M. Flynn, Patrick M. Flynn, P.C. - Houston
  • Martha Kinard, Regional Director, National Labor Relations Board - Fort Worth
  • Lisa H. Pennington, Baker Hostetler LLP - Houston
12:50 After Lunch Break


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Afternoon Moderator:
Thomas M. Anderson, J.D., SPHR, Houston Community College System
1:00 The New ADA: Winning and Losing (.75 hour)
The ADA now makes millions "ADA covered" each one a potential plaintiff. The new frontier: What's a reasonable accommodation? Stay ahead of the tsunami.
Moderator:
  • Gregg M. Rosenberg, Rosenberg & Sprovach - Houston
Panelists:
  • Brian East, Advocacy, Inc. - Austin
  • Michael J. Muskat, Muskat, Martinez & Mahony, LLP - Houston
1:45 FMLA, ADA, Workers' Compensation: Get Your Bearings (.50 hour)
Got vertigo? Get balance.
  • Katrina Grider, Katrina Grider & Associates - Cypress

2:15 Afternoon Break

2:30 Rule 202 Depositions: A Texas Original (.25 hour)
Only in Texas: Investigatory depositions before a lawsuit is ever filed. Know the whens, the hows, and the whys.
  • Buena Vista Lyons, Ford & Harrison LLP - Dallas

2:45 Multiple Plaintiffs, Multiple Defendants: All For One, One For All? (.25. hour)
(Ethics Topic)
Special rules apply when two or more are in the mix. Not knowing the rules equals big trouble.
  • Charles H. Wilson, Epstein Becker Green Wickliff & Hall,P.C. - Houston

3:00 Keys To Becoming An A+ Witness (.75 hour)
(Includes .25 hour of legal ethics)
Plaintiffs. Managers. Human Resources Professionals. Each has their day in the hot seat. Make it a good one.
Moderator:
  • Scott Lemond, Lemond & Lemond, LLC - Houston
Panelists:
  • John B. Gessner, Texas Wings, Inc. - Dallas
  • Samantha D. Holmes, Ph.D., R&D Strategic Solutions - Memphis, TN
3:45 Stereotype Discrimination: Texas Bound (.42 hour)
Act upon your belief that a man should act like a man, and a woman should act like a woman? Courts (including one in Houston) say such action is a violation.
  • David J. Comeaux, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Houston

4:10 The New Chairman of the EEOC: His Thoughts, Your Business (1.08 hours)
First time in Texas. The new chairman of the EEOC in the Obama Administration. Don't miss this chance to hear the latest!
  • Hon. Stuart J. Ishimaru, Acting Chairman, U.S. Equal Employment Opportunity Commission - Washington D.C.

5:15 Adjourn to reception

Accreditation for Thursday = Accredited by the State Bar of Texas for 7.75 MCLE hours, including 1.25 hours of legal ethics.

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South Texas College of Law
invites you to attend a reception honoring

Hon. Stuart Ishimaru
Acting Chairman, U.S. Equal Employment Opportunity Commission

Thursday, July 16, 2009
5:15 p.m. to 6:30 p.m.
(in the Emilie Slohm Room - 6th floor of the Fred Parks Law Library)

 Thank you reception underwriters:

Platinum Level Underwriters
Ahmad, Zavitsano & Anaipakos
Ford & Harrison LLP
Ogletree, Deakins, Nash, Smoak & Steward, P.C.
Rosenberg & Sprovach
Texas Wings, Inc.

Gold Level Underwriter
Muskat, Martinez Mahony, LLP

Silver LevelUnderwriters
Burton D. Brillhart
Hermes Sargent Bates, LLP
Littler Mendelson, P.C.

R.S.V.P. on registration form or to Jean Zoch at jzoch@stcl.edu or (713) 646-1760.



Friday, July 17, 2009

7:30 Continental Breakfast

8:00 EARLY BIRD ROUNDTABLE DISCUSSIONS - in the atrium
    Mixed Motives: It's All Mixed Up Two employer reasons for adverse action: one lawful, the other not. Can we untwist the pretzel?
  • Gregg M. Rosenberg, Rosenberg & Sprovach - Houston


    • Law Firms as Employers
    Special Issues: Special Needs.
  • Christie A. Newkirk, K & L Gates LLP - Dallas


    • The Solo Life of a Plaintiff's Lawyer
    On Your Own? Get the Ins and Outs
  • Paul Schorn, Attorney at Law - Lockhart


    • The Associates Roundtable
    What is an associate's duty of candor to a partner? How does an associate ethically leave a law firm? Ideas on ethically dealing with the billable hour.
  • Fred Gaona, III, Spencer Crain Cubbage Healy & McNamara, PLLC - Dallas
  • Stephanie S. Rojo, Thompson, Coe, Cousins & Irons, LLP - Houston


    • Managing a RIF
    More and more Reductions-In-Force. How should they be conducted and are there any viable alternatives?
  • Edward M. "Ted" Smith, Cornell Smith & Mierl, L.L.P. - Austin


    • The EEOC Sues
    The Whys, The Whens, The Hows.
  • Suzanne M. Anderson, U.S. Equal Employment Opportunity Commission, Dallas District Office - Dallas


    • Immigration Status and Employment Discrimination
    The EEOC's approach.
  • Robert A. Canino, U.S. Equal Employment Opportunity Commission, Dallas District Office - Dallas


    • Public Employers
    Public entities are in their own employment law universe. Don't venture out without a guide.
  • Jay R. Aldis, Bracewell & Giuliani, LLP - Houston


    • The New EEOC Religious Guidelines
    What's a religion? How do employers reasonably accommodate a religious belief? Surprising answers.
  • Mark J. Oberti, Seyfarth Shaw LLP - Houston


    • Sarbanes-Oxley
    What's "Protected Activity?" What's Fraud? Get the latest.
  • Monte K. Hurst, Hermes Sargent Bates, LLP - Dallas
  • Margie Reinhart, Forensic/Strategic Solutions, PC - Dallas


    • The FMLA and Military Leave Under the New Regs
    Employers now have new protected categories.
  • Mary Michell Mahony, Muskat, Martinez & Mahony, LLP - Houston


    • Hostile Work Environments: How to Spot Them, How to End Them
    Just one severe incident, like a noose or a slur, can be enough for liability.
  • Rachel M. Smith, Baker Hostetler LLP - Houston


    • The American Recovery and Reinvestment Act of 2009: Whistleblower Protection
    Does your company get stimulus funds? What if your employee complains of misues of same? Your employee is federally protected. Learn about this new protection.
  • Linda C. Schoonmaker, Seyfarth Shaw LLP - Houston


Friday, July 16, 2009

8:50 Welcome Remarks
  • Lisa L. Dahm, J.D., LL.M-Health, Director of CLE and Adjunct Professor, South Texas College of Law - Houston

Morning Moderator:
Buena Vista Lyons, Ford & Harrison LLP

9:00 Betrayed! (.75 hour)
Talent and books of business are in big demand in a bad economy. The results? Non-compete disputes, fiduciary breeches, and injunction requests. Avoid betrayal!
Moderator:
  • Monte K. Hurst, Hermes Sargent Bates, LLP - Dallas
Panelists:
  • Carol P. Keough, Coates Rose Yale Ryman & Lee, P.C. - Houston
  • Margie Reinhart, Forensic/Strategic Solutions, PC - Dallas
  • Stephen J. Roppolo, Fisher & Phillips LLP - Houston

9:45 Ex-Parte Contacts: Can You or Can't You? (.25 hour)
(Ethics Topic)
It's Latin for "one sided." And, in English, it often means big ethical trouble. Avoid it!
  • Fred Gaona, III, Spencer Crain Cubbage Healy & McNamara, PLLC - Dallas

10:00 The WARN Act: Five Must Know Principles (.25 hour)
With the economy tanking, you must know the essentials.
  • Edward M. "Ted" Smith, Cornell Smith & Mierl, L.L.P. - Austin

10:15 Employment Law: "The Age of O" (.50 hour)
You've heard from the EEOC. You've been given the facts. Now get the understanding.
  • Linda Ottinger Headley, Littler Mendelson P.C. - Houston

10:45 Morning Break

11:00 Qui Tam Claims (.50 hour)
Whistleblowing employees teaming up with the federal government to sue employers. Know the Ins and Outs.
  • Joel Androphy, Berg & Androphy - Houston

11:30 FLSA Update (.50 hour)
Hear from a top-gun employee lawyer on what he zeroes in on when sizing up an employer for suit. Don't be a chalk profile on the sidewalk.
  • J. Derek Braziel, Lee & Braziel, LLP - Houston

12:00 Lunch Break
(pick up lunch and return to the auditorium)

12:15 Lunch Presentation
Boundary Violations: Recognize, Understand, Stop (.83 hour)
(Ethics Topic)
It's happening more and more: Professionals and inappropriate relationships. Can't happen? We're all too human.
Moderator:
  • Samantha Barlow Martinez, Muskat, Martinez & Mahony, LLP - Houston
Panelists:
  • James (Jim) Dolan, Psychotherapist, Professional Coach to Legal and Medical Professionals - Dallas
  • Nicola Harris, BG. North America - Houston
  • Lance C. Kassab, The Law Offices of Lance Christopher Kassab, P.C. - Houston
  • Paul Schorn, Attorney at Law - Lockhart
1:05 After Lunch Break


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Afternoon Moderator:
Mary Carolyn Foster, Parkland Health and Hospital System
1:20 Two Plaintiff's Lawyers. One Corporate Counsel. Let's Rumble! (.50 hour)
Not a TV show. Hear a corporate lawyer quiz those who sue her on their tactics, ethical issues, and trial and mediation strategies.
Moderator:
  • Elaine V. Brzezinski, Nokia Siemens Networks - Irving
Panelists:
  • Joseph Y. Ahmad, Ahmad, Zavitsanos & Anaipakos, P.C. - Houston
  • Paul Schorn, Attorney at Law - Lockhart
1:50 OWBPA Releases: Five Keys (.25 hour)
The Older Workers Benefit Protection Act--hard. High school physics--hard. Don't get caught napping in class.
  • Mark J. Levine, Levine & Associates, P.C. - Houston

2:05 Social Media: Employer's Advantage (.50 hour)
YouTube. Facebook. Twitter. Me, me, me. But, there is employer-gold beneath the surface. Employees beware.
Moderator:
  • Mary Carolyn Foster, Parkland Health & Hospital System - Dallas
Panelists:
  • John G. Browning, Gordon & Rees, LLP - Dallas
  • Terry Hatcher, Stewart & Stevenson, LLC - Houston
  • Andrea M. Johnson, Burleson Cooke L.L.P. - Houston
2:35 Persuasion In Labor and Employment Law (.50 hour)
(Includes .25 hour of legal ethics)
2009. The world changed. How does the election of President Obama change the way juries see a case? What does the economic trauma mean for Texas juries? How can employers learn new persuasion techniques for EFCA?.
  • Samantha D. Holmes, Ph.D., R&D Strategic Solutions - Memphis, TN

3:05 Afternoon Break

3:20 Electronic Discovery: The Real Deal (.50 hour)
(Includes .25 hour of legal ethics)
Still don't know the rules? Learn them now.
  • David A. Chaumette, De la Rosa & Chaumette - Houston

3:50 Human Resources Managers and Corporate Counsel as Plaintiffs (.25 hour)
(Ethics Topic)
When can they sue? Do their ethical obligations stop them? Get the answers.
  • Alfonso Kennard, Jr., Adams and Reese LLP - Houston

4:05 The Five Questions (.50 hour)
(Ethics Topic)
Influence doesn't come from knowing the answers. Want an answer? Go to the internet. Influence comes from knowing the right questions. Here are the key five
  • Michael P. Maslanka, Ford & Harrison, LLP - Dallas
4:35 Door Prize Drawings

4:50 Adjourn

Accreditation for Friday = Accredited by the State Bar of Texas for 6.50 MCLE hours, including 2.5 hours of legal ethics.

This CLE course is being offered in conjunction with the
IN-HOUSE COUNSEL CONFERENCE
July 15, 2009.
Attend both conferences and receive up to 19.0 MCLE hours,
including 4.50 hours of legal ethics at a reduced tuition rate.

To register


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