In the News

Haynes and Boone Lawyers Widely Recognized in Texas Rising Stars 2014

Haynes and Boone, LLP lawyers have followed last year’s strong showing in the Texas Super Lawyers Rising Stars directory with an impressive group of 32 firm attorneys that editors have chosen for inclusion in the 2014 edition. Ten of the 32 made their first appearance in the special directory, which recognizes the top up-and-coming lawyers in the state. >>

Janet Ayyad in the Fort Worth Business Press: Snoopy Employer?

Navigating online media is challenging enough without workplace restrictions, but states are increasingly laying down the law when it comes to acceptable social media conduct. >>

Texas Super Lawyer Rising Star Features 34 Haynes and Boone Lawyers

DALLAS – Thirty-four Haynes and Boone, LLP lawyers have been recognized in the Texas Super Lawyer 2013 Rising Stars edition, a special publication recognizing the top up-and-coming lawyers in the state. >>



Recent Publications

Diversity Highlights (2013)

The Attorney Diversity Committee (ADC) at Haynes and Boone, LLP is comprised of more than 60 attorneys, management and administrative team members that meets each month to advance our firm’s numerous diversity efforts. This document summarizes the efforts and accomplishments of 2013. >>



Janet Ayyad Ismail

Associate

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5296
F +1 214.200.0560

Areas of Practice

Education

  • J.D., Baylor University School of Law, 2008, cum laude; Alumni Relations Officer, Baylor Law Review; Order of the Barristers; Moot Court Brief Writer; Delta Theta Phi
  • B.A., Psychology, University of Texas at Dallas, 2005, summa cum laude, Minor in Mathematics; Collegium V Honors Graduate; Featured Alumni, UTD School of Behavioral and Brain Sciences website, 2011

Bar Admissions

  • Texas, 2008

Court Admissions

  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
Janet Ayyad Ismail

Janet Ayyad Ismail is an associate in the Labor and Employment and Social Media practice groups in the Dallas office of Haynes and Boone, LLP. She has experience in a variety of labor and employment matters, including:

  • Defending clients during EEOC investigations involving Title VII, ADA, and ADEA claims. 
  • Assisting in the defense of clients in lawsuits involving Title VII, § 1981, ADA, ADEA, FLSA, FMLA, breach of contract claims and employment-related torts.
  • Litigating complex unfair competition-related claims, including breach of non-competition agreements, misappropriation of trade secrets, tortious interference and breach of fiduciary duty claims.
  • Providing advice and counsel to employers concerning a variety of employment issues, including strategies for minimizing risks of litigation, employment agreements, employment policies, wage and hour compliance issues, reductions in force and termination issues. Janet regularly provides advice and counsel regarding compliance with the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
  • Representation of clients in employment matters involving the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). Janet has represented employers in USERRA investigations and/or proceedings with the Department of Labor and has helped clients mitigate USERRA risk. Janet also provides advice and counsel regarding military leave issues under the FMLA.
  • Providing advice and counsel to leadership during major transactions, including advising on purchase agreements, drafting employment and related agreements, and navigating disputes and litigation.
  • Drafting and reviewing severance and release agreements, employment agreements, confidentiality, non-competition and non-solicitation agreements, employee handbooks and workplace policies and procedures.
  • Drafting and reviewing social media policies for clients and providing advice and counsel to employers concerning the effects of social media in the workplace and proper disciplinary measures for infractions occurring over social media. Janet has also given speeches and presentations regarding the impact of social media in the labor and employment arena.

Recent Publications and Presentations

  • “Employment Law Update: Why Employers Never Get a Good Night’s Sleep,” 26th Annual Dallas Employment Law Update, April 29, 2014.
  • Welcome Home Soldiers: Leave and Disability Issues Involving Service Members” American Bar Association Section of Labor and Employment Law, Midwinter Meeting for Employment Rights and Responsibilities Committee, March 22, 2013.
  • "The Dangers of Friending, Tweeting, and Linking with, and among, Your Employees and Other Social Media Topics," Fort Worth Chamber of Commerce, 23rd Annual Employment Law Update (March 2013), LeadSA at the North Chamber 11th Annual Employment Law Update in San Antonio (March 2013), 25th Annual Dallas Employment Law Update (May 2013), and Houston West Chamber of Commerce 9th Annual Employment Law Update (May 2013).
  • "Assisting Clients with New Employment Law Compliance Practices and Challenges," contributor, with Felicity Fowler, Employment Law 2013, Aspatore Thought Leadership, February 2013.
  • "Man versus Machine: Predictive Coding Making Its Mark in Electronic Discovery," Flash, American Bar Association Section of Labor and Employment Law, July-August 2012.
  • "The Legal Implications of Social Media," North San Antonio Chamber of Commerce - Small Business How 2 Series, June 28, 2012.
  • "Veteran's Rights - More Than You Know," Haynes and Boone 24th Annual Employment Law Update, April 26, 2012.
  • "The ADAAA: Three Years in Review and What You Need to Know Now," Haynes and Boone 24th Annual Employment Law Update, April 26, 2012.
  • "When Social Media Goes South," National Association of Women Business Owners (NAWBO), September 14, 2011.
  • "Fifth Circuit Rules Harassment Claims Not Viable Under USERRA," Haynes and Boone Alert, April 2011.
  • "The EEOC Issues Final Regulations Implementing the ADAAA," Haynes and Boone Alert, April 2011.
  • "The Social Headache: Implications of Social Media in the Workplace," March 2011.
  • "Veterans' Benefits Act of 2010 - Expanding Employee Protection Under USERRA," Haynes and Boone Alert, October 2010.
  • "Federal Government Implements Pro-Union Notice Requirement for Government Contractors," Haynes and Boone Alert, June 2010.
  • "Bill Precludes Gun Bans in Workplaces," Commentary in Texas Lawyer, co-author with Matt Deffebach, May 25, 2009.
  • "What's an Employer to Do? Understanding the Employment Law Implications of Swine Flu," Haynes and Boone Alert, 2009.

Professional Recognition

  • Recognized by Texas Super Lawyer as a Rising Star in Employment & Labor, 2013-2014.

Selected Representative Experience


Innovative Mag-Drive, LLC Acquisition
Represented Flowserve US Inc. in its acquisition of Innovative Mag-Drive, LLC d/b/a Innomag, a manufacturer of advanced sealless magnetic drive centrifugal pumps.

Breach of Contract and Misappropriation of Trade Secrets - State Court
Obtained temporary injunction against former employee for violating his confidentiality agreement with client and misappropriating client’s confidential, proprietary and trade secret information. As a former high level executive for client, former employee had intimate knowledge regarding client’s current and proposed products and strategies. Shortly after former employee resigned to go to work for competitor, client discovered evidence that former employee had copied client’s confidential, proprietary and trade secret information to a thumb drive a few days before his resignation. After obtaining a temporary injunction against former employee, the parties settled the case on terms favorable to client.

Michael Lee Watts, Jr. v. L-3 Communications Corporation and L-3 Communications AIS GP Corporation
Successfully obtained summary judgment for L-3 in a lawsuit filed by a plaintiff claiming age discrimination under the Age Discrimination in Employment Act. L-3 terminated plaintiff for mischarging his time in violation of company policy and federal law. Plaintiff denied engaging in mischarging and alleged that L-3 wrongfully terminated him, not for mischarging, but because of his age. The court held that L-3 articulated a legitimate, non-discriminatory reason for plaintiff’s termination and agreed that plaintiff failed to present competent summary judgment evidence of pretext. Plaintiff’s claims were dismissed in their entirety, and the court awarded L-3 its costs.

Purchase of Assets of Cellular Specialties, Inc.
Advised Goodman Networks Incorporated in connection with its acquisition of the services division of Cellular Specialties, Inc., one of the largest in-building wireless services companies in the U.S., for a price of $18 million plus up to $17 million in earn-out payments.

Reagan Lancaster v. JDA Software Group, Inc. and JDA Software, Inc., County Court at Law No. 5; Dallas County, Texas, 2012, Cause No. CC-10-06840-E
Plaintiff asserted a breach of contract claim, seeking indemnification of fees and expenses he incurred in connection with various litigation stemming from his previous employment as an officer with i2 Technologies, Inc. (i2) (JDA’s predecessor). Plaintiff’s breach of contract claim was based on an indemnification and cooperation provision in the settlement agreement he executed with i2 after his termination from employment. Plaintiff sought damages in excess of $2 million, including a $1.29 million dollar fine he paid to the SEC for alleged wrongdoing that occurred during his employment with i2. After filing a motion for summary judgment, the parties settled the case in mediation on terms favorable to JDA.

Total Energy v. Raley and Associates and Paul Cormier, E.D. Texas, 2011
Represented client in architectural malpractice claim against firm that designed and oversaw the installation of pressure vessel tanks in East Texas.

Kevin Cordell v. Chase Medical, L.P., Chase Medical, Inc., and CMI Holding Company, Inc.; Cause No. 09-03911; In the 160th Judicial District Court; Dallas County, Texas
Successfully obtained summary judgment for Chase Medical in a lawsuit filed by a plaintiff claiming quantum meruit, negligent misrepresentation, fraud and constructive fraud. The plaintiff was a prospective employee and potential investor who, after Chase Medical was unable to hire him, claimed he performed consulting services for Chase Medical in excess of $600,000 for which Chase Medical failed to pay. Plaintiff’s claims were based on the fact that the parties had met several times over a seven-month period to discuss plaintiff’s potential role in Chase Medical as well as plaintiff’s potential investment in a new medical technology Chase Medical was developing. The plaintiff appealed the trial court’s grant of summary judgment for Chase Medical. The parties settled the matter post-appeal on terms favorable to Chase Medical.

Memberships

  • State Bar of Texas
  • Texas Young Lawyers Association
  • American Bar Association
    • Labor and Employment Law Section and Subcommittees on Technology in the Practice and Workplace, Employment Rights and Responsibilities and Disabilities & Leave of Absence
  • Dallas Bar Association
    • Labor and Employment Law Section
  • Dallas Association of Young Lawyers
    • Attorneys Serving Troops Committee Co-Chair
    • Young Employment and Labor Lawyers Committee Member
  • UT System Chancellor's Council Centurions
  • American Heart Association Go Red for Women – Auction Committee Chair, 2012 – 2014
  • The Patrick E. Higginbotham American Inn of Court: 2010-2011
  • Visiting Nurse Association of Texas Eldercare Friends Volunteer
  • Promise House Professionals: Member and New Membership Chair, 2009-2010

Online Publications

08/01/2012 - Man versus Machine: Predictive Coding Making Its Mark in Electronic Discovery
Seasoned lawyer, mid-level associate, first-year attorney, meet your opponent - a computer program designed to take the place of human reviewers of electronic discovery. The concept is known as "predictive coding" or computer-assisted document coding and review and is slowly beginning to make its mark in electronic discovery.

07/13/2012 - New EEOC Enforcement Guidance Regarding Employer Use Of Arrest And Conviction Records
Employers who consider arrest and conviction records when making employment decisions should be aware that the Equal Employment Opportunity Commission (the “EEOC”) has issued new enforcement guidance regarding the issue.

09/14/2011 - Social Media and Employment Law
This presentation discusses the implications of social media in the workplace.

06/23/2011 - Beware of the Claw: Implementing Mandatory Clawback Provisions in Executive Employment Agreements Under the Dodd-Frank Act
The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”) was signed into law by President Obama on July 21, 2010. In the middle of the Act’s 800-plus pages is a short provision that packs a lot of punch for Executive Employment Agreements and Policies: Section 954, entitled “Recovery of Erroneously Awarded Compensation.”

04/18/2011 - Fifth Circuit Rules Harassment Claims Not Viable Under USERRA
On March 22, 2011, the Fifth Circuit ruled that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) does not support a cause of action for hostile work environment. This is the first ruling from any Circuit Court regarding the issue.

04/14/2011 - The EEOC Issues Final Regulations Implementing the ADAAA
On September 25, 2008, former President George W. Bush signed the ADA Amendments Act of 2008 (the “ADAAA” or the “Act”) into law, broadening the definition of “disability” under the Americans with Disability Act (“ADA”).

10/15/2010 - Veterans’ Benefits Act of 2010 - Expanding Employee Protection Under USERRA
Before heading into the pre-election recess, the Senate passed the Veterans’ Benefits Act of 2010 on September 28, 2010. See H.R. 3219, 111th Cong. (2d Sess. 2010). The Act, which passed in the House over one year ago, is a compromise measure between the House and the Senate and encompasses several veterans’ benefits bills. Of notable importance to employers is the Act’s expansion of employee protection under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”).

06/09/2010 - Federal Government Implements Pro-Union Notice Requirement for Government Contractors
Government contractors and subcontractors now have a new, unsavory obligation. On January 30, 2009, President Obama signed Executive Order 13496 – which requires government contractors and subcontractors to post a notice informing employees of their right to engage in concerted, collective activity.

05/27/2009 - Texas Lawyer Commentary: Matthew Deffebach and Janet Ayyad Discuss Bill Precluding Gun Bans in Workplaces
As of Dec, 31, 2008, the number of individuals with active licenses to carry a concealed handgun in Texas totaled 314,574, according to the Texas Department of Public Safety's Web site. That does not include the people allowed to carry a rifle or shotgun, for which Texas does not require a license.

Why is 314,574 a significant number? It could also be the number of handguns stored on company parking lots across Texas, if the state Legislature passes the proposed guns-at-work law. With the thorny issues surrounding firearms, supporters and opponents of the proposed law could bill the legislation as one of two extremes, borrowing from modern cinema: "The Peacemaker" or "There Will Be Blood."

05/01/2009 - What’s an Employer to Do? Understanding the Employment Law Implications of Swine Flu
Employers face an array of potential legal issues associated with the influenza A (H1N1) infection, also known as “swine flu.” As of May 1, 2009, 331 cases of swine flu in eleven countries have been reported and 109 of these cases are in the United States. Moreover, the World Health Organization has rated the swine flu as a phase 5 on the influenza pandemic alert level – revealing “a strong signal that a pandemic is imminent and that the time to finalize the organization, communication, and implementation of the planned mitigation measures is short.” Health organizations and the government are not the only entities that need to prepare plans. Employers also need to determine how they will deal with the problems associated with a potential influenza outbreak.