Michael W. Fox

In his more than thirty-five years of practice Michael W. Fox has defended employers in hundreds of lawsuits and administrative claims against allegations ranging from sexual harassment, discrimination or retaliation, to enforcement of non-compete agreements to collective actions under the wage and hour laws.

Representative matters that Mr. Fox has handled include:

• A collective action involving off the clock claims by over 1,100 opt-ins for a convenience store chain.  Following post-certification discovery, the trial court de-certified the class. A jury trial was held on the original two plaintiffs’ claims and a defense verdict was obtained.
• Obtaining summary judgment in a sexual harassment, FMLA and retaliation case brought against a hospital and its four top officials by showing that the plaintiff and the hospital’s former human resource director had worked together to create the claims.
• Obtaining summary judgment in two separate discrimination cases brought by prison wardens and sustaining the summary judgments on appeal to the Fifth Circuit Court of Appeals.
• Obtained vacation of an arbitrator’s award of vacation pay of approximately $500,000 because the arbitrator exceeded his authority.

While many of the cases Mr. Fox has handled have been resolved by legal rulings or settlement, Mr. Fox has extensive experience as a trial lawyer, serving as an employer advocate in jury trials, arbitration hearings, bench trials and oral arguments before both federal and state courts of appeal.  

His experience in contested proceedings include:

Jury Trials

• FMLA retaliation. Jury verdict for employer, no retaliation. Bohn v. La Quinta, E.D. of Louisiana, Magistrate Judge Joseph Wilkinson.
• Age discrimination, retaliation and intentional infliction of emotional distress. Jury verdict for plaintiff on retaliation and intentional infliction of emotional distress. Currently on appeal to the 9th Circuit Court of Appeals. Dossat v. Hoffmann-La Roche, District of Nevada, Judge Roger Dawson.
• FLSA off the clock case (2 named plaintiffs that remained after 1,100 member class was decertified). Jury verdict for employer, no unpaid overtime. Proctor v. Allsup’s Convenience Stores, Northern District of Texas, Amarillo division, Judge Mary Lou Robinson.
• Retaliation, national origin harassment, negligence and promissory estoppel. Jury found favorable answer for employer on statute of limitations, case settled before judgment entered. Dimitrijevic v. Tyco TEPS, District Court of Harris County (Houston), Judge Levi Benton.
• Pregnancy discrimination. Non-binding summary jury trial, case settled after summary jury trial.  Anthony v. Healthtronics, District Court of Travis County (Austin), Judge Joe Hart.
• Age/race discrimination and overtime claim for not complying with fluctuating work week. Jury verdict for defense, no discrimination and properly complied with fluctuating work week. Vidaurri v. Allsup’s Convenience Stores, Northern District of Texas, Amarillo division, Judge Mary Lou Robinson.
• Sexual harassment and assault. Jury verdict for defense, no harassment or assault. Braunig v. Bank of America, Western District of Texas, San Antonio Division, Judge Orlando Garcia.
• Workers compensation retaliation claim. Jury verdict for defense, no retaliation. Sias v. Conway Transportation, District Court of El Paso County, Judge Bill Moody.
• Age discrimination. Jury verdict for defense, no discrimination. Eavenson v. Amresco, Northern District of Texas, Dallas division, Judge Sam Lindsey.
• Breach of settlement agreement, defamation, violation of California statute against defaming an employee. Jury verdict for Plaintiff, settled while case was on appeal. Nicolas v. Univision, Bexar County District Court (San Antonio), Judge Charles Gonzalez.
• Male on male sexual harassment. Jury verdict for defense. Carillo v. Sierra Medical, Western District of Texas, El Paso Division, Judge Royal Ferguson.
• Workers compensation retaliation. Jury verdict for plaintiff, reversed and rendered on appeal. Miller v. Merlin Express, Bexar County District Court (San Antonio), Judge Robert Murray.
• Age discrimination. Jury verdict for defense, no age discrimination. Wilson v. Speed Queen, Northern District of Texas, Dallas Division, Judge Sam Cummings.
• Workers compensation retaliation. Jury verdict for defense, no retaliation. Keister v. CPL Industries, District Court of Bowie County (Texarkana)]
• Workers compensation retaliation. Jury verdict for defense, no retaliation. Tijerina v. Surlean Meat Co., District Court of Bexar County (San Antonio), Judge Andy Mireles.
• Breach of contract and discrimination; settled after four weeks of trial Zaffirini v. Laredo Junior College, District Court of Webb County (Laredo), Judge Joe Kelly.

Arbitration hearings

• Title VII retaliation. Arbitrator found for employee. Taylor v. Conifer Healthcare Solutions. American Arbitration Association (Dallas), Arbitrator Joseph M. Cox.
• FMLA and race discrimination. Pittman v. Park Plaza Hospital. Arbitrator ruled for employer. American Arbitration Association (Houston), Arbitrator Diane Massey.
• Termination under CBA. Termination upheld. Zamora v. Honeywell. (Las Cruces, NM). Arbitrator Peyton M. Williams.
• Termination under CBA. Termination upheld. Fernandez v. Honeywell. (Las Cruces, NM). Arbitrator Harold E. Moore.
• Discrimination, retaliation, intentional infliction of emotional distress and HIPAA violation. Arbitrator ruled for employer. Perez v. Park Plaza Hospital, American Arbitration Association (Houston), Arbitrator Randy Tower.
• Claim for back wages. Arbitrator awarded minimal amount of back pay. Wilson v. Bayou Medical Center, American Arbitration Association (Houston), Arbitrator Dan Naranjo.
• Whistleblower complaint under Texas Health Code. Arbitrator found for employer, no wrongful action. Mai v. Bayou Medical Center, American Arbitration Association (Houston), Arbitrator Robert Rice.

• Intentional infliction of emotional distress. Arbitrator found for employer, no intentional infliction of emotional distress. Warner v. Park Plaza Hospital, American Arbitration Association (Houston), Arbitrator Otis King.
• National origin and disability discrimination. Arbitrator found for employer, no discrimination. Taylor v. Houston Northwest Medical Center, American Arbitration Association (Houston), Arbitrator Lynn Gomez. 
• Sexual harassment and retaliation. Arbitrator ruled for employer, no harassment or retaliation. Autrey v. Diamond Shamrock, American Arbitration Association (Dallas), Arbitrator Elizabeth Meiers; affirmed by state district court; affirmed by Dallas Court of Appeals.
• Breach of oral contract. Arbitrator found breach of contract. Kingston v. Diamond Shamrock, American Arbitration Association (Albuquerque, NM).
• Breach of contract and disability discrimination. Arbitrator found no disability but awarded damages for breach of contract. Stockinger v. Houston Northwest Medical Center, American Arbitration Association (Houston).
• ERISA violation in computation of pension. Arbitrator found for employer, pension computed properly. Sondergard v. Diamond Shamrock, Inc., American Arbitration Association (Denver).
• Violation of non-compete agreement. Arbitrator enforced agreement with minimal restrictions. Axcess Technologies v. King, American Arbitration Association (Austin), Arbitrator Tom Collins.
• Sexual assault by supervisor. Arbitrator found assault and awarded damages, settled while on appeal. Roman v. Brownsville Medical Center, American Arbitration Association (Brownsville), Arbitrator Leo Saltzman.
• Age and national original discrimination. Arbitrator found for employer, no discrimination. Ramirez v. Brownsville Medical Center, American Arbitration Association (Brownsville), Arbitrator Lynn Gomez.
• Dispute over commissions and wrongful termination of contract. Arbitrator found no wrongful termination and awarded a portion of commissions. DeVriendt v. Fairchild Aircraft, American Arbitration Association (San Antonio), Arbitrator Don McManus.
• Workers compensation retaliation. Arbitrator found for employer, no retaliation. Rodriguez v. Southwest General Hospital, American Arbitration Association (San Antonio), Arbitrator Bill Keller.
• Enforcement of non-compete agreement. Held agreement enforceable and awarded attorneys fees to employer. Amtech Lighting v. Moore, American Arbitration Association (San Antonio), Arbitrator Robert Rice.
• Race discrimination. Arbitrator found for employer, no discrimination. Ofor v. Diamond Shamrock, American Arbitration Association (Houston) Arbitrator Otis King.
• Race discrimination. Arbitrator found for employer, no discrimination. Bobb v. Park Plaza Hospital, American Arbitration Association (Beaumont), Arbitrator Reagan Burch.
• Defamation. Arbitrator found for employer, no defamation. Perkins v. Diamond Shamrock, American Arbitration Association (San Antonio), Arbitrator Lynn Gomez.
• Age and national origin discrimination. Arbitrator found for employer, no discrimination. Zurita v. Brownsville Medical Center, American Arbitration Association (Brownsville), Arbitrator Leo Saltzman.
• Race discrimination. Arbitrator found for employer, no discrimination.  Eman-Henshaw v. 12 Oaks Hospital, American Arbitration Association (Houston).
• Sex and age discrimination, retaliation. Arbitrator found for employer, no discrimination or retaliation. Hottman v. Park Plaza Hospital, American Arbitration Association (Beaumont), Arbitrator Otis King.
• National origin discrimination and FLSA claim. Arbitrator found no discrimination, but violation of FLSA. Brownsville Medical Center, American Arbitration Association (Brownsville), Arbitrator William H. Lemons.
• Wrongful termination. Arbitrator found for employer. Nowzaradan v. 12 Oaks Hospital. American Arbitration Association (Houston).
• Racial discrimination. Arbitrator found for employer, no discrimination. Jackson v. 12 Oaks Hospital, American Arbitration Association (Houston).
• Racial discrimination. Arbitrator found for employer, no discrimination. Leath v. AMI, American Arbitration Association (Dallas); affirmed by District Court of North Texas, Dallas division; affirmed by 5th Circuit Court of Appeals; certiorari denied by U.S. Supreme Court.
• Discrimination. Settled after arbitration hearing, before arbitrator’s award. Walker v. Diamond Shamrock, American Arbitration Association (El Paso).
• Wrongful termination in violation of CBA. Termination upheld. Annen v. Aviall. (Dallas)

Bench Trials

• Claim by 17 plaintiffs for breach of oral and written contract for severance pay.  Trial Court found for plaintiffs. Reversed and rendered by Court of Appeals, application for review pending with Texas Supreme Court. Colorado v Tyco TEPS, District Court of Harris County (Houston), Judge Kyle Carter. 
• Injunction to enforce covenant not to compete. Temporary injunction granted. After hearing, case settled.  Compass Bank v. Owens, Western District of Texas, Del Rio division, Judge Alia Ludlum.
• Sexual harassment, intentional infliction of emotional distress and tortious interference with contract. Court found for plaintiff, settled while on appeal. Scribner v. Waffle House, Northern District of Texas, Dallas division, Judge Jerry Buchmeyer.
• Workers compensation retaliation. Court found for employer, no retaliation. Fernize v. Braun Packing Co., District Court of Bexar County (San Antonio), Judge Michael Peden.
• ERISA claim for withheld funds. Settled during middle of non-jury trial. Collen v. EDP, Western District of Texas, San Antonio division, Judge William Sessions.
• Race discrimination. Court ruled for employer. Datapoint Corporation. Western District of Texas, San Antonio Division, Judge Fred Shannon.
• National origin discrimination. Judge granted employer directed verdict at close of plaintiff’s case.  L&H Packing Company. Western District of Texas, San Antonio division, Judge Ed Prado.
• Unfair labor practice hearing over discharge for engaging in concerted activity in non-union setting. Administrative Law Judge found for employer; NLRB reversed finding an unfair labor practice; 5th Circuit refused to enforce.

Oral Arguments on Appeals

• Claims for breach of oral and written contracts for severance pay. Court of Appeals reversed trial court judgment in favor of employees and rendered for employer. Application for review pending before Texas Supreme Court. Tyco Valves Controls v. Colorado, 365 S.W.3d 750 (Tx. App. – Houston [1st Dist.] 2012). Justices Keyes, Sharp and Massengale.
• Appeal of dismissal of action filed by 1,000+ employees for FLSA violations in their “individual” capacity. Court of Appeals upheld dismissals for all but employees employed at one store. Acevedo v. Allsup’s Convenience Stores, Inc. 600 F.3d 516 (5th Cir. 2010). Judges Jones, Benavides and Prado.
• Appeal of arbitration award. Affirmed by Court of Appeals. Autrey v. Diamond Shamrock, 5th Court of Appeals (Dallas).
• Appeal of grant of summary judgment for employer on age discrimination claim. Court of Appeals reversed and remanded for trial. Eavenson v. Amresco, Fifth Circuit Court of Appeals (New Orleans). Judges Jolly, DeMoss, and Dowd.
• Appeal from denial of Motion to Compel Arbitration. District court affirmed by Court of Appeals. Cooper v. Tenet Healthcare, 960 S.W.2d 386 (Tx App – Houston [14th Dist.] 1998).
• Appeal of jury verdict in favor of employee on workers compensation retaliation claim. Court of Appeals reversed and rendered for employer. Merlin Express v. Miller, (Tx. App. – San Antonio).
• Enforcement of unfair practice finding by NLRB. Court of Appeals refused to enforce NLRB’s Order. NLRB v. Datapoint, 642 F.2d 123 (5th Cir. 1981).

Education

• J.D., with high honors, University of Texas School of Law, 1975
• B.A., with honors, Stephen F. Austin State University, 1972

Admittance to Practice

• Texas
• U.S. Supreme Court
• U.S. Court of Appeals, Fifth, Ninth and Tenth Circuits
• U.S. District Court, Eastern, Northern, Southern and Western Districts of Texas

Professional Activities

• American Bar Association (Labor & Employment Law and Litigation Sections)
• Texas State Bar Association (Labor & Employment Law and Litigation Sections)
• Society for Human Resource Management
• Management Labor & Employment Roundtable
• Fellow, College of Labor and Employment Lawyers

Speeches

• Texas Association of Business - "How Employers Make Juries Mad" - San Antonio - July 19, 2013
• Business Management Daily Webinar - "Cost Cutting HR: 10 Legal Strategies That Can Actually Save You $$$" - June 25, 2013
• The University of Texas School of Law 2013 Labor and Employment Law Conference - "Witness Preparation" - Austin - May 16, 2013
• Ogletree Deakins Workplace Strategies Seminar - "The New Generation of Jurors" - New Orleans - May 9, 2013
• 9th Annual Labor and Employment Law Advanced Practices Symposium - "Show Me The Money – Employment Laws That Can Actually Save You $$!; and Retaliation: Managing Employers’ #1 Risk (and Jurors Favorite Claims)" - Las Vegas - April 4 - 5, 2013
• State Bar of Texas Advanced Employment Law Course 2013 - "Social Media: Trap for Employees or Employer?" - Dallas - January 17, 2013
• Ogletree Deakins Seminar - "21 Is Not Just A Card Game - Whistleblower Risks for Texas Employers" - Austin - November 2, 2012
• The University of Texas School of Law 2012 - "Essential Employment Law" - Dallas - October 3, 2012
• The University of Texas School of Law 2012 - "Essential Employment Law" - Austin - September 13, 2012
• The University of Texas School of Law 2012 - "Essential Employment Law" - Houston - August 24, 2012
• Texas Association of Business and the Society for Human Resource Management Texas Employment Relations Symposium 2012 - "Headline News: The Latest in Employment Law Developments and Trends" - San Antonio - July 19, 2012
• The University of Texas School of Law 2012 Labor and Employment Law Conference - "Jury Trial War Stories: What I’ve Learned from My Jury Trials (and Disasters)" - Austin - May 18, 2012
• Ogletree Deakins Workplace Strategies Seminar - "Cyber Employees – The Legal and Practical Challenges of the Virtual Workforce" - Phoenix - May 10, 2012
• State Bar of Texas 20th Annual Advanced Employment Law Course - "Developing Themes at Trial: A View From Both Sides of the Docket" - Dallas - January 27, 2012
• Ogletree Deakins Seminar - "The Legal System Is Broken: A Cynic’s View of Workplace Law" - Austin - November 4, 2011
• Lubbock SHRM Avoiding the Heat in Employment Claims - "Retaliation in the Workplace: 'I Didn’t Know You Couldn’t Do That!'" - Lubbock - October 20, 2011
• The University of Texas School of Law 2011 - "Essential Employment Law" - Dallas - October 12, 2011
• The University of Texas School of Law 2011 - "Essential Employment Law" - Houston - September 22, 2011
• State Bar of Texas Labor & Employment Law Section 22nd Annual Labor & Employment Law Update - "You’re Not The Boss Of Me: Regulating Public Employees’ Conduct On (And Off?) The Job" - Dallas - September 17, 2011
• The University of Texas School of Law 2011 - "Essential Employment Law" - Austin - September 15, 2011
• Austin Corporate Counsel Association Briefing - "Labor & Employment Law Update: First Half of 2011" - Austin - August 24, 2011
• Texas Association of Business and the Society for Human Resource Management Texas Employment Relations Symposium 2011 - "Workplace Incivility: Now It’s a Legal Issue" - San Antonio - July 15, 2011
• Ogletree Deakins Workplace Strategies Seminar - "Association Retaliation and ‘Cat’s Paw’ Liability – New Risk For Employers" - Chicago - May 13, 2011
• SHRM Gulf Coast Symposium - "Civility in the Workplace: Now It Is a Legal Issue" - Houston - May 11, 2011
• Ogletree Deakins Briefing - "The Changing Face of Discrimination Law" - Austin - April 13, 2011
• 7th Annual Labor and Employment Law Advanced Practices Symposium - "Cutting Edge Issues in Hiring" - Las Vegas - March 31, 2011
• State Bar of Texas 19th Annual Advanced Employment Law Course - "The Uncivil Workplace: From the Rude to the Violent" - Austin - January 14, 2011
• The University of Texas School of Law 2010 - "Essential Employment Law" - Houston - November 18, 2010
• The University of Texas School of Law 2010 - "Essential Employment Law" - Austin - November 2, 2010
• The University of Texas School of Law 2010 - "Essential Employment Law" - Dallas - October 13, 2010
• Ogletree Deakins Seminar - "How Employers Make Juries Angry – And Pay For It With Big Verdicts" - Austin - October 1, 2010
• Texas Association of Business and the Society for Human Resource Management Texas Employment Relations Symposium 2010 - "Who’s an Employee, Who’s the Employer?" - San Antonio - July 15, 2010
• The University of Texas School of Law 2010 Labor and Employment Law Conference - "Who’s an Employee, Who’s the Employer; and Asserting and Defending Claims of Low-Wage Immigrant Workers: Cutting Edge Practice, Ethics Issues, and Pro Bono Opportunities" - Austin - May 14, 2010
• Ogletree Deakins Workplace Strategies Seminar - "Who Is Your ‘Employee’? Avoiding the Million Dollar Misclassification Mistake" - Las Vegas - May 7, 2010
• Lubbock SHRM & Lubbock Chamber of Commerce Employment Symposium - "The Obama Labor & Employment Agenda" - Lubbock - April 29, 2010
• The State Bar of Texas Webinar - "When the Virtual World Meets the Reality of the Workplace" - April 21, 2010
• Austin Bar Labor & Employment Law Section Meeting - "FLSA Collective Actions from the Plaintiffs’ and Defendants’ Perspective" - Austin - March 3, 2010
• State Bar of Texas 18th Annual Advanced Employment Law Course - "You’re Not the Boss of Me: Can Employers Regulate Employee Conduct Inside/Outside of Work?" - Dallas - January 14, 2010
• The State Bar of Texas Emerging Legal Issues and the Internet - "Internet Related Employment Law Issues" - Dallas - November 13, 2009
• Labor and Employment Law Advanced Practices Symposium - "Web 2.0 and Employment Law: Blogs, Facebook, Twitter and More!" - Washington - November 6, 2009
• The University of Texas School of Law 2009 - "Essential Employment Law" - Austin - September 25, 2009
• The University of Texas School of Law 2009 - "Essential Employment Law" - Dallas - September 17, 2009
• The University of Texas School of Law 2009 - "Essential Employment Law" - Houston - September 10, 2009
• Business & Legal Reports Webinar - "Employee Blogs and Websites: Protect Yourself Against the Business and Legal Risks When Workers Go Online" - August 8, 2009
• American Bar Association Forum on Communications Law Teleconference and Live Audio Webcast - "Social Media: Understanding the Legal Issues Surrounding the Social Networking Websites that Teenagers and Employees Love" - July 22, 2009
• Texas Association of Business and the Society for Human Resource Management Texas Employment Relations Symposium 2009 - "The Obama Labor/Employment Agenda: How Will It Affect Your Workplace" - San Antonio - July 16, 2009
• The University of Texas School of Law 16th Annual Labor and Employment Law Conference - "Web 2.0 and Employment Law: Blogs, Facebook, and More" - Austin - May 29, 2009
• Twenty-Seventh Annual Multi-State Labor & Employment Law Seminar - "Trial Techniques" - San Antonio - May 15, 2009
• Ogletree Deakins Workplace Strategies Seminar - "The Lilly Ledbetter Fair Pay Act – The Impact on Employers" - Miami - May 7, 2009
• Ogletree Deakins Webinar - "Workplace Violence – Behavioral Warning Signs and Legal Risks" - April 21, 2009
• San Antonio Human Resource Management Association Special Manufacturing SIG Workshop - "Employee Free Choice Act" - San Antonio - April 16, 2009
• 5th Annual Labor and Employment Law Advanced Practices Symposium - "New Congress + New Administration = New Worries For Employers" - Las Vegas - March 18, 2009
• Dallas Human Resource Management Association 2009 Annual Employment Law Conference - "Wage and Hour: Old Law, New Problems" - Dallas - March 10, 2009
• National Institute of Business Management Audio Conference - "New President, New Congress: Your HR Action Plan for 2009" - January 15, 2009
• Ogletree Deakins Briefing - "What Is Coming From Washington" - Austin - January 13, 2009
• National Institute of Business Management Audio Conference - "New President, New Congress: Your HR Action Plan for 2009" - November 6, 2008
• Thompson Interactive Webinar - "How Will HR Be Impacted by Obama or McCain?" - October 29, 2008
• Ogletree Deakins Seminar - "Being an Employer In Time of Political Change" - Austin - October 3, 2008
• The University of Texas School of Law 2008 - "Essential Employment Law" - Dallas - September 26, 2008
• The University of Texas School of Law 2008 - "Essential Employment Law" - Houston - September 4, 2008
• The University of Texas School of Law 2008 - "Essential Employment Law" - Austin - August 29, 2008
• Texas Association of Business and the Society for Human Resource Management Texas Employment Relations Symposium 2008 - "Being an Employer In Time of Political Change" - San Antonio - July 17, 2008
• Society for Human Resource Management 60th Annual Conference & Exposition - "The Impact on HR of Political Change" - Chicago - June 24, 2008
• The University of Texas School of Law 16th Annual Labor and Employment Law Conference - "Trial Strategies in Employment Litigation" - Austin - May 29, 2008
• Ogletree Deakins Workplace Strategies Seminar - "What’s At Stake in ’08 – Preparing Your Company for the New Reality; and ’Work Jerks’ – Dealing With Bullying" - New Orleans - May 8, 2008
• Ogletree Deakins Briefing - "FMLA Update 2008" - Austin - April 1, 2008
• 4th Annual Labor and Employment Law Advanced Practices Symposium - "’Work Jerks’ – Dealing With Bullying" - San Diego - February 14, 2008
• The University of Texas School of Law 2007 - "Essential Employment Law" - Austin - November 7, 2007
• State Bar of Texas Labor and Employment Section Fall Update - "Blogs by Employees: What’s the Risk and What to Do?" - Galveston - October 13, 2007
• The University of Texas School of Law 2007 - "Essential Employment Law" - Dallas - October 5, 2007
• The University of Texas School of Law 2007 - "Essential Employment Law" - Houston - September 28, 2007
• Ogletree Deakins Seminar - "Workplace Bullying – Act Now or Pay Later" - Austin - September 14, 2007
• Austin Bar Labor & Employment Law Section Meeting - "Blogging: The Employer’s Risk" - Austin - September 5, 2007
• Austin Human Resource Management Association Annual Conference - "Workplace Bullying: The Newest Litigation Threat?" - Austin - August 24, 2007
• Texas Association of Business Employment Relations Symposium 2007 - "Bullying in the Workplace: The Newest Litigation Threat" - San Antonio - July 13, 2007
• Williamson County Human Resources Management Association Meeting - "Bullying in the Workplace" - Round Rock - July 13, 2007
• Society for Human Resource Management 59th Annual Conference & Exposition - "Bullying in the Workplace: The Newest Litigation Threat?" - Las Vegas - June 26, 2007
• Home Instead Senior Care – Texas Owner’s Meeting 2007 - "Texas Employment Law Issues Relating to Home Care" - Dallas - June 22, 2007
• The University of Texas School of Law 14th Annual Labor and Employment Law Conference - "Anatomy of a Million Dollar Verdict: How to Lose (or Win) One" - Austin - May 18, 2007
• Ogletree Deakins Workplace Strategies Seminar - "Blogs By Employees –What’s the Risk and What to Do" - Phoenix - May 11, 2007
• Ogletree Deakins Briefing - "What Do You Mean You’re Sick?” Recent Developments affecting employer rights and responsibilities under the FMLA" - Austin - April 5, 2007
• State Bar of Texas Webcast - "Proving/Defending a Discrimination Case: Retaliation and the New Landscape after White v. Burlington Northern" - March 27, 2007
• State Bar of Texas Annual Advanced Employment Law Course - "The Single Most Important Thing about the Top 10 Employment Law Issues" - Dallas - February 1, 2007
• 9th Annual Conference Texas Association of Community College Attorneys - "Retaliation After Burlington Northern: Has Anything Really Changed?" - Austin - January 26, 2007
• The University of Texas School of Law 2006 - "Essential Employment Law" - Dallas - October 12, 2006
• The University of Texas School of Law 2006 - "Essential Employment Law" - San Antonio - September 21, 2006
• The University of Texas School of Law 2006 - "Essential Employment Law" - Austin - September 15, 2006
• Austin Bar Labor & Employment Section Meeting - "Summary Jury Trials" - Austin - September 14, 2006
• Douglas Publications Audio Conference - "Retaliation Claims – The New Wave in Employment Litigation" - August 24, 2006
• State Bar of Texas Webcast - "Employment Law On the Edge" - August 9, 2006
• Texas Association of Business Employment Relations Symposium 2006 - "Piercings, Makeup and Appearance: The Changing Face of Discrimination Law" - San Antonio - July 27, 2006
• Ogletree Deakins Briefing - "Piercings, Makeup and Appearance: The Changing Face of Discrimination Law" - Austin - July 20, 2006
• Society for Human Resource Management 58th Annual Conference & Exposition - "Managing in the Age of the Million Dollar Verdict" - Washington - June 28, 2006
• The University of Texas School of Law 13th Annual Labor and Employment Law Conference - "Retaliation and Whistleblowing (including Sarbanes Oxley)" - Austin - May 19, 2006
• Ogletree Deakins Workplace Strategies Seminar - "Whiners and Whistleblowers: Watch Out for Those Retaliation Claims" - Atlanta - May 12, 2006
• Ogletree Deakins Seminar - "How Employers Make Jurors Mad – And Pay For It With Big Verdicts" - Greenville - February 23, 2006
• State Bar of Texas Annual 14th Annual Advanced Employment Law Course - "The Changing Face of Discrimination" - Austin - February 3, 2006
• Texas State HR Association Annual Meeting - "Employment Law 2005: A Look Back; and Making Juries Mad: How Employers Pay" - Austin - January 17, 2006
• Ogletree Deakins Seminar - "Making Juries Mad: How Employers Pay" - Los Angeles - November 16, 2005
• Annual Labor and Employment Law Advanced Practices Symposium - "Retaliation" - Napa - November 10, 2005
• The University of Texas School of Law 2005 - "Essential Employment Law" - Austin - October 28, 2005
• Ogletree Deakins Briefing - "Romance in the Workplace" - Austin - October 19, 2005
• The University of Texas School of Law 2005 - "Essential Employment Law" - San Antonio - October 15, 2005
• Austin Bar Labor & Employment Law Section - "Employment Law and Blogging" - Austin - October 13, 2005
• The University of Texas School of Law 2005 - "Essential Employment Law" - Houston - October 6, 2005
• Ogletree Deakins Seminar - "Making Juries Mad: How Employers Pay" - Indianapolis - October 5, 2005
• The University of Texas School of Law 2004 - "Essential Employment Law" - Houston - September 24, 2005
• The University of Texas School of Law 2005 - "Essential Employment Law" - San Antonio - September 22, 2005
• State Bar of Texas Annual Paralegal Convention - "Update on Law of Retaliation and Whistleblowers" - Austin - September 21, 2005
• The University of Texas School of Law 2004 - "Essential Employment Law" - Dallas - September 17, 2005
• The University of Texas School of Law 2005 - "Essential Employment Law" - Dallas - September 15, 2005
• The University of Texas School of Law 2005 - "Essential Employment Law" - Austin - September 8, 2005
• Texas Association of Business Employment Relations Symposium 2005 - "Making Juries Mad: How Employers Pay" - San Antonio - July 28, 2005
• Austin Bar Labor & Employment Law Section Meeting - "Trends in Employment Law" - Austin - June 9, 2005
• The University of Texas School of Law 12th Annual Labor and Employment Law Conference - "Update on Law of Retaliation and Whistleblowers" - Austin - May 19, 2005
• Ogletree Deakins Workplace Strategies Seminar - "Making Juries Mad: How Employers Pay" - San Antonio - May 6, 2005
• Austin Human Resource Management Association Workshop - "Workers Compensation Retaliation Mock Trial" - Austin - March 24, 2005
• Ogletree Deakins Briefing - "Employment Litigation Trends" - Austin - February 23, 2005
• Austin Society for Training and Development Chapter Meeting - "Learning and the Law" - Austin - February 17, 2005
• Annual Labor and Employment Law Advanced Practices Symposium - "Jury Trials" - San Diego - November 4, 2004
• Council on Education in Management - "Making Juries Mad and How Employers Pay" - Austin - October 15, 2004
• Ogletree Deakins Seminar - "Things That Employers Do To Make Juries Mad" - Austin - October 1, 2004
• Texas Association of Business Employment Relations Symposium 2005 - "Mock Mediation" - San Antonio - July 29, 2004
• Council on Education in Management - "Federal Employment Certification Program" - San Antonio - July 26, 2004
• Workforce Solutions Cameron Seminar - "10 Most Costly Mistakes of Employers" - Harlingen - June 29, 2004
• Ogletree Deakins Workplace Strategies Seminar - "Trial Tactics and Tips" - Atlanta - May 14, 2004
• The University of Texas School of Law 11th Annual Labor and Employment Law Conference - "Update on Law of Retaliation and Whistleblowers" - Austin - May 7, 2004
• Lorman Education Services - "FMLA" - Austin - March 26, 2004

• February 16, 2016 - Law360 - "Class Actions, Arbitrations May Hinge On Scalia Replacement"
• September 29, 2014 - Law360 - "Retailers Brace for Upcoming Supreme Court Cases"
• July 3, 2014 - Law360 - "3 Employment Cases to Watch In The Next High Court Term"
• June 2, 2014 - Texas Lawyer - "Ogletree Deakins Impacts Arbitration"
• September 23, 2013 - Business Insurance - "Navy Yard Massacre Exposes Information Gaps"
• September 11, 2013 - Law360 - "Workers Ask Texas High Court To Restore Severance Pay"
• September 6, 2013 - CFO Daily News - "10 Money-Saving Opportunities Hidden in Employment Laws"
• August 30, 2013 - Inside Counsel - "Common Plaintiff Strategies for Harassment and Retaliation Litigation Ruled Out"
• August 11, 2013 - Business Insurance - "Judge Restricts Class-Action Attempt in Wal-Mart Gender Bias Case"
• July 10, 2013 - Law360 - "High Court Term Gives Employers A Leg Up In Litigation"
• June 24, 2013 - Law360 - "Lawyers React to High Court Ruling on Retaliation Suits"
• April 22, 2013 - Law360 - "High Court Poised to Shape Landscape For Retaliation Suits"
• April 9, 2013 - Human Resource Executive - "Defending Against Worker Retaliation"
• February 25, 2013 - Business Insurance - "Texas Whistle-Blower Statute Does Not Cover Internal Reports: Court"
• January 23, 2013 - Law360 - "High Court Mixed-Motive Case To Shape Bias Suit Landscape"
• October 26, 2012 - Law360 - "Affirmative Action Ruling Could Rattle Even Private Employers"
• August 14, 2012 - Business Insurance - "Supervisory Retaliation Is A Growing Liability For Employers"
• August 6, 2012 - Business Insurance - "Ways Employers Can Defend Against Retaliation Claims"
• June 2012 - Bloomberg BNA (Volume 30, Number 6) - "The Bully-Free Zone: Creating a Respectful, Productive and Legal Workplace"
• January 4, 2012 - Business Management Daily - "Feds Launch Contractor Crackdown, Offer Amnesty Deal"
• November 2011 - Inside Counsel - "8 Supreme Court Cases to Watch"
• November 2011 - Inside Counsel - "Workers' Comp Pacific Operators Offshore, LLC v. Valladolid"
• September 18, 2011 - Business Insurance - "Bias Claim Can Lead to Employee Retaliation Charge"
• July 22, 2011 - Law360 - "Workers to Test Limits of California Overtime Ruling"
• July 19, 2011 - SHRM.org - "Recent Supreme Court Term Provides Significant Guidance for HR"
• July 5, 2011 - Law360 - "High Court Curbs Class Actions but Broadens Retaliation"
• May 20, 2011 - Houston Chronicle - "Resisting On-the-Job Bullying"
• April 2011 - Inside Counsel - "Retaliation Revisited"
• April 1, 2011 - Inside Counsel - "Supreme Court Expands Retaliation Protection"
• March 7, 2011 - Business Insurance Magazine - "Bias Theory Upheld in Reservist Case"
• March 7, 2011 - Business Insurance Magazine - "Employers Can Avoid Bias in Job Decisions"
• February 28, 2011 - Business Insurance Magazine - "Focus on Employment Status Could Create Liability Issues"
• February 4, 2011 - Minnesota Lawyer - "U.S. Supreme Court Allows Third-Party Retaliation Claims"
• February 1, 2011 - Lawyers Weekly USA - "Court Allows Third-Party Retaliation Claims"
• January 31, 2011 - Business Insurance Magazine - "High Court Broadens Grounds for Retaliation Claims"
• January 31, 2011 - The Daily Record - "Employers Face New Lawsuits Over Popular Job Screening Practice"
• January 28, 2011 - New Orleans City Business - "Employers Face New Lawsuits Over Popular Job Screening Practice"
• December 6, 2010 - Business Insurance Magazine - "EEOC, Lawmakers Eye Credit Checks"
• November 3, 2010 - Law360 - "Obama's Labor Agenda Now in Hands of NLRB, EEOC"
• June 28, 2010 - Business Insurance Magazine - "Pro-Employer Ruling on Arbitration May Spur Law Change"
• June 4, 2010 - Law360 - "Top 5 Mistakes To Avoid in Front of the Jury"
• June 2, 2010 - Law360 - "EEOC Seeks Appeal In ADA Retaliation Case"
• April 23, 2010 - Law360 - "Advice for the Inexperienced Trial Attorney"
• April 8, 2010 - The Christian Science Monitor - "Toyota E-Mails Reveal Debate Over Toyota Recall"
• February 22, 2010 - Business Insurance Magazine - "New Eating Disorder Raises Bias Concerns"
• July 6, 2009 - Business Insurance Magazine - "High Court Ruling Complicates Diversity Efforts"
• May 31, 2009 - Business Insurance - "High Court Pick Shows No Slant on Business"
• May 19, 2009 - BusinessManagementDaily.com - "Supreme Court Rules on Maternity Leave, Pregnancy Discrimination"
• October 12, 2008 - Denver Post - "Closing the Gap for Equal Pay"
• August 4, 2008 - Business Insurance Magazine - "Employers to Review Leave Policies"
• August 1, 2008 - HR Magazine - "Heads Up, HR: Political Change is Coming"
• July 1, 2008 - SHRM.org - "One Way or Another, Political Change Coming"
• June 9, 2008 - Law360 - "Local Laws Complicate Compliance for National Cos"
• June 1, 2008 - HR Focus - "Workplace Violence Update: What You Should Know Now"
• October 2007 - Security Director's Report - "How to Stay a Step Ahead of Lawmakers on Workplace Violence Prevention"
• August 21, 2007 - Daily Report - "Congress Takes on Employment Issues"
• August 20, 2007 - Business Insurance - "Bias Charge Stands Regardless of Worker's National Origin; Appeals Court Says Hostile Work Environment Allegation Not Dependent on Specifics of Slur Directed at Employee"
• August 20, 2007 - National Law Journal - "Employment Cases Spur Congress to Act"
• August 16, 2007 - Disability Compliance Bulletin - "Stipulation Plus Accommodation Does Not Add Up to Successful Rehabilitation Act Claim"
• July 9, 2007 - BNA, Human Resources Report - "While Some Employers Address Bullying, Few Work Policies, No Laws Currently Exist"
• July 9, 2007 - New York Post - "Should Workplace Bullying Be Outlawed?"
• June 18, 2007 - New York Post - "Hitting Replay At Work"
• December 29, 2006 - Law360 - "Trends to Watch in 2007"
• December 11, 2006 - Business Insurance Magazine - "Department of Labor not Expected to Make FMLA Alterations"
• November 20, 2006 - Law360 - "Patients Cannot Sue Doctors Under HIPAA, Court Rules"
• June 1, 2006 - Texas Bar Journal - "Piercings, Makeup and Appearance: The Changing Face of Discrimination Law"

• Texas Super Lawyers 
• Board Certified, Labor and Employment Law, Texas Board of Legal Specialization (since 1980)
• Fellow, College of Labor and Employment Lawyers
• Fellow, Texas State Bar Foundation
• Listed in Texas Labor and Employment Lawyers, Chambers USA Client Guide (since 2004)
• Best Lawyers in America (since 1999)
• Super Lawyer by Texas Monthly (since 2003)
• Named Best Lawyers’  Austin Employment Law – Management “Lawyer of the Year” (2012)
• Named Best Lawyers’  Austin Litigation – Labor & Employment “Lawyer of the Year” (2014)
• Named Best Lawyers’  Austin Employment Law – Management “Lawyer of the Year” (2018)
• Who’s Who of Management Labour & Employment Lawyers (2015)