Recent Publications

Can We Have That in Writing? Clear Reservation-of-Rights Saves Company from ERISA Class Action Over Change in Retiree Benefits

Can an employer modify or terminate the medical benefits of retired employees? The answer depends on the language in the employer’s medical benefit plan. A recent federal court ruling highlights the importance of medical benefit plans unambiguously reserving the right to modify or terminate plan benefits. Without this language, an employer makes itself vulnerable to “he said/she said” disputes in which retirees claim that their former managers promised the retirees that their medical benefits would remain unchanged through retirement. >>



Lawrence Morales II

Associate

San Antonio


112 East Pecan Street
Suite 1200
San Antonio, Texas 78205
T +1 210.978.7440
F +1 210.554.0401

Areas of Practice

Additional Areas of Focus

  • Appellate
  • Business Litigation

Education

  • J.D., Baylor University, magna cum laude; Executive Editor, Baylor Law Review; Order of the Barristers; Baylor Moot Court Team; Baylor Mock Trial Team.
  • B.B.A., Finance, University of Texas

Bar Admissions

  • Texas

Court Admissions

  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Western District of Texas

Judicial Clerkships

The Honorable Priscilla R. Owen, United States Court of Appeals for the Fifth Circuit

Lawrence is an attorney in the Labor and Employment Practice Group, and has experience in all aspects of complex employment litigation. Lawrence has represented employers in jury trials, bench trials, and injunction hearings involving violations of non-competition agreements, breaches of fiduciary duty, misappropriation of trade secrets, unfair competition, hostile work environment, retaliation, and breach of contract. In addition, Lawrence has experience in employee discrimination litigation, wage and hour litigation, Equal Employment Opportunity Commission investigations, and appeals of employment law decisions to the United States Court of Appeals for the Fifth Circuit and courts of appeals throughout Texas.  Prior to joining Haynes and Boone, Lawrence served as a law clerk to the Honorable Priscilla R. Owen of the United States Court of Appeals for the Fifth Circuit.

Selected Client Representations

  • Obtained a defense jury verdict on behalf of a national retailer on an employment retaliation claim.

  • Obtained a temporary injunction against a construction company, enjoining it from soliciting or hiring client's employees that had non-competition agreements.

  • Obtained a dissolution of a temporary restraining order that enjoined a gas company from contacting any customers, former customers, or prospective customers of a competing company.

  • Obtained summary judgment for construction company, resulting in complete dismissal of competitor's anti-trust, tortious interference, and unfair competition claims.

  • Obtained summary judgment for a health-care company, resulting in complete dismissal of former employee's race and gender discrimination claims.

  • Obtained summary judgment for oil and gas company, resulting in complete dismissal of former employee's claim that the company breached a Stock Option Agreement.

  • Obtained a dismissal of breach of contract and fraud claims asserted against major motion picture company by an Academy Award-winning actor.

  • Obtained "no cause" determinations from Equal Employment Opportunity Commission on behalf of clients charged with age discrimination, race discrimination, sexual harassment, and retaliation.

Selected Professional Activities and Honors

  • San Antonio Young Lawyers Association, Board of Directors 2007-2009.
  • Recognized as a Rising Star in 2007 and 2009, based on a survey by Scene in SA Magazine.

Selected Publications

  • "Evidence in a Bench Trial, Do the Rules Really Matter?" February 2010, Texas Bar Journal
  • "The 'Effect on the Listener' Response to a Hearsay Objection That Every Young Lawyer Should Know," October 2007, San Antonio Young Lawyers Association Docket Call
  • "September 11, 2001 and Hostile Work Environment," September 2007, San Antonio Young Lawyers Association Docket Call
  • "Isn't That Convenient? Texas Motions to Transfer Venue Based on Convenience after Garza v. Garcia?" 58 Baylor L. Rev. 720 (2005).

Online Publications

11/09/2009 - Can We Have That in Writing? Clear Reservation-of-Rights Saves Company from ERISA Class Action Over Change in Retiree Benefits
Can an employer modify or terminate the medical benefits of retired employees? The answer depends on the language in the employer’s medical benefit plan. A recent federal court ruling highlights the importance of medical benefit plans unambiguously reserving the right to modify or terminate plan benefits. Without this language, an employer makes itself vulnerable to “he said/she said” disputes in which retirees claim that their former managers promised the retirees that their medical benefits would remain unchanged through retirement.