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Attorney Profiles ATTORNEY PROFILES JOSHUA J. IACUONE ROBIN BECHTOLD ALYSON C. BROWN GREGORY M. CLIFT KEITH A. CLOUSE BRYAN C. COLLINS R. ROGGE DUNN STEPHANIE FINCH ERHART STEVE KARDELL BRUCE ROTHSTEIN EMILY STOUT SHERRY L. TALTON
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Legal Updates United States Supreme Court Places Burden of Proof on Employers An Employer May Not Retaliate Against Employees Receiving a Dismissal Notice from the EEOC Just What is Sexual Harassment? Negotiating the Best Deal Possible When Leaving a Company Evaluating an Employee's Performance Dallas Court of Appeals Rules on Non-Compete Agreement Potential Trouble Zones for Employers Internet Privacy in the Employment Context Younger Bosses, Older Workers Avoiding Sending Political E-mails at Work ADA Amendments Act of 2008 EEOC Issues Press Release Regarding 2010 Statistics Developing a Telecommuting Policy Providing References for Former Employees When an Employee is Under Investigation at Work Texas Employment Lawyer Keith Clouse Notes Key Issues an Employee Should Consider when Facing a Lay-Off Dallas Employment Lawyer Keith Clouse Suggests Doctors Seek Counsel Prior to Signing a Non-Compete Agreement Discrimination Lawsuits: Burden-Shifting Framework Explained by Dallas Employment Lawyer Keith Clouse Navigating the EEOC's Administrative Process Employers Should Address Suspected Theft by Employees Federal Court in Dallas, Texas Grants Summary Judgment for an Employer Fifth Circuit Court of Appeals Gives Plaintiff a Chance to Prove Race Discrimination Employers Should Rid the Workplace of Bullies Employers Should Document Employee’s Shortcomings in Discipline Reports Doctors Moving to Texas Should Consider Differences in State Non-Compete Laws Preparing for a Potential Layoff US Supreme Court Holds FAA provides "Exclusive Regime" for Review Non-Compete Agreements in Texas Federal Law Protects an Employee from Religious Discrimination Arbitrating Employment Disputes Texas Supreme Court Examines Arbitration Dispute Ways to Increase Employee Retention Handling Employees Who Habitually Report for Work Late Employers Should Anticipate "Hot" Vacation Issues Creating a Company Dress Code Policy LEGAL UPDATES Corporation did not Waive Contractual Right to Arbitration Notwithstanding a Seven Month Battle Over Jurisdiction Genetic Information Nondiscrimination Act Signed into Law Warning Signs May Indicate a Potential Firing Discharging an Employee Litigation Over Purchase of Apartment Complex Complex Dispute Over Oil Drilling Rights Large Loss Property Subrogation Let It Snow? On a Business Day? Commercial Building Owner Sues Manufacturer Sale of Helicopter Gone Bad University Safety Manual Not Give Rise to Premises Liability Lifestyle Discrimination Companies Must Guard Against Resume Fraud Dallas Labor and Employment Lawyer Keith Clouse Participates in Texas Labor and Employment Roundtable Discussion United States Supreme Court Limits Judicial Review of Arbitration Awards to Grounds Prescribed by Federal Arbitration Act President Bush Signs into Law Changes to the Family Medical Leave Act Employers Must Provide Employees with Guidelines for E-Mail Communications Clouse Dunn LLP Files EEOC Charge on Behalf of Local Reporter Fired for Opposition to Discriminatory Employment Practices Texas Supreme Court Finds that a Party Cannot Pursue Arbitration After Substantially Invoking the Litigation Process Employers Should Address “Blogging” by Employees Employers May Not Interfere with an Employee’s Duty to Serve on a Jury Proposed Employee Misclassification Prevention Act Would Penalize Employers Who Improperly Classify Employees as Independent Contractors Commission-Based Compensation Plans Fair Labor Standards Act’s Provisions Regarding Overtime Pay Mediation Frequently Resolves Lawsuits Fifth Circuit Court of Appeals Addresses Enforceability of Non-Compete Covenants Under Texas Law Texas Supreme Court Rules on Evidentiary Issue in Age Discrimination Case Discovery Matters in Lawsuits over Employment Law Issues Federal Law Prohibits National Origin Discrimination Fifth Circuit Analyzes Employee/Independent Contractor Issue Federal Discrimination Laws Employee Free Choice Act Consumer Product Safety Improvement Act Protects Whistleblowers Negative Economic Conditions Affect Employment Law Issues Real Estate Developers Plead and Prove They Are Ready, Willing, and Able to Perform Under a Purchase Contract for Specific Performance Property Owners Found Not Entitled to Diminished Value of Land After State Takes Portion for Closing Direct Access to Highway Federal Law Requires Some Employers to Provide Notice of Mass Layoffs Engaging in the EEOC Mediation Process Employment Law Issue: Sarbanes Oxley Whistleblower Law President Obama Signs Lilly Ledbetter Fair Pay Act Into Law United States Supreme Court Expands Anti-Retaliation Law Employment Contracts for Physicians Union Organization in Texas May Increase Employers Should Create Powerful Job Descriptions Age Discrimination in Employment Act Considerations When Hiring an Employee with a Non-Compete Agreement with a Former Employer Fifth Circuit Court of Appeals Rules for Employer in Discrimination Case Houston, Texas Court of Appeals Rules for Employer in Non-Compete Matter Corporate Executives Must Prepare to Negotiate Severance Pay Agreements Non-Disclosure, Non-Solicitation and Non-Compete Agreements Negotiating Employment Agreements Fifth Circuit Court of Appeals Rules for Employer in Disability Action Responding to Sexual Harassment Including a “Release” in a Separation Agreement May Help an Employer Avoid Litigation Fifth Circuit Court of Appeals Rules for Employer in Retaliation Case Poor Economy Could Lead to Rise in WARN Claims Corporate Whistleblowing Rise in Discrimination Charges Expected Constructive Discharge in Texas Breach of an Employment Agreement by an Employer Equal Pay Act Filing for Unemployment Compensation in Texas Smart Use of Smartphones Texas Supreme Court Rules on Arbitration Issue in Employment Dispute Federal Court in Dallas, Texas Considers Employment Discrimination and Retaliation Case Texas Court Upholds Summary Judgment for Employer in Wrongful Termination Suit Some Employers Overuse Non-Compete Agreements Texas Supreme Court Makes Enforcement of Non-Compete Agreements Easier Dallas Appellate Court Rules for Employer in Sex Discrimination Case San Antonio Court of Appeals Addresses Disparate Discipline in Employment Discrimination Case Texas Court of Appeals Rules that Amendment to Federal Law Applies to Lawsuit Brought Under Texas State Law Healthcare Reform Law Contains Provision Requiring Employers to Allow Reasonable Break Time for Nursing Mothers Dallas Non-Compete Attorney Keith Clouse Notes that Declaratory Judgment Actions Over Non-Compete Agreements May Benefit Former Employees Some Employers Must Create Affirmative Action Plans Can an Employer Withhold Funds from an Employee’s Paycheck? An Executive Who Plans to Resigns with “Good Reason” Should Consult with Counsel The ADA Protects Workers Who Are Perceived to be Disabled Dallas Employment Lawyer Keith Clouse Discusses the Recent Settlement in a Lawsuit Over a Non-Compete Agreement Fifth Circuit Court of Appeals Affirms Summary Judgment for an Employer in a Hostile Work Environment Case Waiving Federal Age Discrimination Claims in a Severance Agreement Timing Matters in a Workplace Retaliation Case Serving Alcohol at a Company Party? Be Careful. Fifth Circuit Court of Appeals Reverses Summary Judgment in Race Discrimination Case Genetic Information Nondiscrimination Act Takes Effect Texas Court Finds Employer Did Not Treat Male Employee Differently Executive Employment in a Merger/Acquisition Situation Department of Labor Issues Guidance on For-Profit Companies’ Use of Unpaid Interns Texas Employment Law Lawyer Explains What “Right to Work” Means Texas Employment Law Attorney Discusses Recent Texas Supreme Court Case Keith Clouse, Employment Law Arbitrator, Discusses the Pros and Cons of Arbitrating an Employment Dispute Tread Lightly if an Employer Asks to Amend an Employment Agreement, says Employment Lawyer Keith Clouse Keith Clouse, Employment Lawyer, Discusses Business Disparagement Claims Texas Non-Compete Lawyer Discusses Recent Texas Appellate Court Case Regarding Non-Compete Agreement The Appellate Process in an Employment Law Matter Pros and Cons of Hiring Independent Contractors Fifth Circuit Rules for Employer on Discrimination Law Question Workplace Retaliation Matter Decided by Texas Court Houston Court Rules in Trade Secret Misappropriation Claim Employment Contract Attorney Describes Contents of Typical Severance Agreement Some Federal Laws Protect Whistleblowers Non-Compete Rules Vary by Jurisdiction Equal Opportunity Bullying in the Workplace? Planning Ahead May Help an Employee Avoid a Non-Compete Lawsuit Fifth Circuit Rules for Employer in Retaliation Claim under Texas Health and Safety Code Employers Must Give Employee Adequate Consideration to Support Non-Compete Agreements Texas Non-Compete Agreements Must Contain Reasonable Geographic Limitations or an Effective Substitute Dallas Court of Appeals Enforces Forum Selection Clause in Employment Contract Fifth Circuit Court of Appeals Rules for Employer in Religious Discrimination Case Thinking of Joining a Start-Up Company? Fifth Circuit Affirms Summary Judgment for Employer Texas Doctors Subject to Non-Compete Agreements Must Weigh Options Before Leaving Employer Can an Employer Require an Employee to Repay Training Costs if the Employee Resigns Shortly After Incurring the Training Costs? Fifth Circuit Court of Appeals Reverses Judgment in Disability Discrimination Matter Employers Should Avoid Asking Certain Questions When Interviewing Job Applicants Texas Supreme Court Orders Parties to Arbitrate Dispute Texas Statute of Limitations for Employment Contract Cases Potential Litigants Should Not Destroy Documents Hiring a Job Candidate Who Is Bound By a Non-Compete Agreement Even Large Employers Negotiate Terms in Employment Agreements Many Employment Agreements Contain Choice of Law Provisions Fifth Circuit Court of Appeals Rules Against Plaintiff on Race Discrimination Claim Employers Must Ensure that Employees Avoid Security Breaches When Using Smart Phones United States Supreme Court Issues Employment Law Decision Employees and Employers Should Properly Amend Employment Agreements FLSA’s Requirements for the Executive Employee Exemption Fifth Circuit Court of Appeals Rules on FLSA Issue Texas Supreme Court Rules on Employment Law Issue Employers May Be Held Liable for Sexual Harassment by Non-Employees United States Supreme Court Rules on Arbitration Agreement Issue in Employment Law Matter U.S. Department of Labor Clarifies Definition under Family and Medical Leave Act Fifth Circuit Court of Appeals Rules on Disability Matter Liquidated Damages Award Under the FLSA Executives Entering into Agreements with Employers Must be Aware of 409A Issues Dallas Non-Compete Attorney Keith Clouse: Dallas Court of Appeals Rules for Physicians in Dispute with Employer Settling an Employment-Related Lawsuit Understanding the “Minor” Provisions in an Employment Agreement Settling an Employment-Related Lawsuit Dallas Employment Law Attorney Keith Clouse Believes Treating Employees with Respect Leads to Fewer Employment Lawsuits Fifth Circuit Court of Appeals Addresses Texas Employment Contract Issue Fifth Circuit Court of Appeals Rules that an Employee Does Not Always Need to Comply with Employer’s Heightened FMLA Notice Policy Fifth Circuit Court of Appeals Rules that an Employee Does Not Always Need to Comply with Employer’s Heightened FMLA Notice Policy Most Employment Law Matters Do Not Proceed at the Pace of Courtroom Television Dramas Fifth Circuit Court of Appeals Addresses Fair Labor Standards Act Issue Can an Employer “Force” its Employees to Clock Out for a Lunch Break? United States Department of Labor’s Wage and Hour Division Issues a Fact Sheet Regarding Break Time for Nursing Mothers Money Alone Cannot Buy a Non-Compete Agreement with a Texas Employee Contact Counsel Before Terminating Employees Dallas Employment Attorney Keith Clouse: Don’t Save Personal Data on Company-Owned Computers A Texas Temporary Restraining Order Can Prevent an Ex-Employee from Competing with a Former Employer Retrieving Personal Data From a Company-Owned Computer After a Termination Fifth Circuit Reverses Summary Judgment in ERISA Matter Employers May Bind Employees with Non-Disclosure Agreements An Employer May Need An Employment Policy Addressing Gifts, Meals and Entertainment An Executive Should Hire Employment Counsel When the Writing is On the Wall Hiring an Attorney to Handle a Non-Compete Matter Fifth Circuit Rules for Dallas County District Attorney’s Office in Discrimination Matter Texas Employers and Employees May Waive Their Rights to a Jury Trial A Physician Non-Compete Agreement Must Include a Buy-Out Provision Can an Employee Waive His or Her Right to Receive Overtime Compensation? Mediation May be Best Option for Resolving an Employment Law Dispute Texas Supreme Court Enforces Arbitration Agreement in Employment Discrimination Matter Minority Shareholder Oppression In Texas & Majority Shareholder Tax Returns When An Irresistible Force Meets An Immovable Object Hosting an Office Party--Avoiding Unintended Legal Consequences Fifth Circuit Court of Appeals Resolves ERISA Issue Halloween Parties at Work: A Trick or a Treat? When an Employer and an Employee Settle an Employment-Related Dispute, What is Included in the Settlement Agreement? What Are an Employer’s Obligations Regarding Pay Earned During Holiday Weeks? Employers May Need to Update Employee Handbooks for Calendar Year 2011 Employment Law Issue: Addressing Short-timers’ Syndrome Terminating an Employee Who Belongs to a Protected Class Employers May Need to Implement Social Media Employment Policies EEOC Issues Final Regulations Regarding the Genetic Information Nondiscrimination Act ’Tis the Season to Go Shopping…and for Employers to Enforce Employment Policies Regarding Internet Use U.S. Court of Appeals for the Fifth Circuit Affirms Decision in Sarbanes-Oxley Act Matter Hiring an Employment Law Attorney to Conduct Employee Training Sessions Fifth Circuit Court of Appeals Addresses FLSA Issue Fifth Circuit Court of Appeals Issues Opinion Regarding Disability Discrimination Texas Supreme Courts Addresses Workers’ Compensation Issue Hiring a Job Candidate Who Is Bound By a Non-Compete Agreement Dallas Court Vacates Arbitration Award in Employment Matter Making the Most of Your First Consultation with an Employment Lawyer to Discuss a Non-Compete Matter EEOC Reports Workplace Discrimination Charges at All Time High Who Qualifies as an “Employer” Under Title VII of the Civil Rights Act of 1964? United States Supreme Court Recognizes Third-Party Retaliation Claim Telecommuting: Employment Law Legal Risks Brrr! Establishing Employment Policies for Inclement Weather Breach of Fiduciary Duty by an Employee Employment Law Issue: Reference Letter as a Condition of a Settlement Agreement or a Separation Agreement Negligence Actions in Texas Against an Employer