Acquisition of IGI Corp. and its subsidiaries by Nekoosa Coated Products, LLC, a Wingate Partners portfolio company
Represented Wingate Partners in the acquisition by its portfolio company, Nekoosa Coated Products, LLC, of IGI Corp., parent of RTape Corp. and CET Films Corp., New Jersey-based manufacturers of specialty pressure-sensitive application tapes and extruded films used in the graphic arts industry.

T H Hill Associates, Inc. v. Jeffrey A. Benson, et al.; Cause No. 2012-75246; In the 152nd Judicial District Court of Harris County, Texas
Obtained temporary injunction against seven former employees for violating their non-competition agreements with T H Hill and for misappropriating T H Hill's confidential, proprietary, and trade secret information after the defendants resigned en masse to service one of T H Hill's international customers on behalf of T H Hill's competitor and former agent.

Edith Ihegword v. Harris County Hospital District; Civil Action No. H-10-5180; In the United States District Court for the Southern District of Texas, Houston Division (Decision Date: March 7, 2013)
Obtained summary judgment for client on all of plaintiff's claims, including a failure to accommodate claim under the Americans with Disabilities Act, a national origin discrimination claim under Title VII, a failure to pay overtime claim under the Fair Labor Standards Act and Chapter 61 of the Texas Labor Code, and a retaliation claim.

Huron Inc. Sale Transaction
Represented SunTx Capital Partners in its sale of Huron Inc., an automotive industry part manufacturer that is a leading supplier of critical engine and transmission components and assemblies.

Acquisition of Assets of EP-Team, Inc. by Affiliates of BNSF Logistics, LLC
Represented BNSF Logistics International, Inc. in its acquisition of EP-Team, Inc., a privately held global logistics project cargo provider.

Labor Law Representation in Chapter 11 Proceedings
Provided advice and counsel to debtor, and holders of debt or equity in a number of high profile bankruptcy cases, including the ASARCO multi-billion dollar contested bankruptcy plan confirmation hearing resulting in rejection of union objections and confirmation of plan after extended contested confirmation hearing; defending WARN Adversaries and advising on Section 1113 issues impacting plan confirmation in the ATA and Arrow Air airline bankruptcies; providing strategic advice on disclosures required and necessary financial analysis to approach unions involved to secure concessions under labor agreements in the Marcal Paper Chapter 11 and serving as chief spokesman and working closely with company’s financial advisors regarding necessary concessions concerning health and welfare benefits, pension benefits, retiree insurance, operational provisions of labor agreements, and follow-up advice and motion practice with bankruptcy court to secure approval of the revised labor agreements; and labor law counsel to the debtor, The Penn Traffic Company and its subsidiaries in their Chapter 11 cases, in the Delaware bankruptcy court.

Acquisition of Stock and Assets of Albacor Shipping Inc. (Canada) by Affiliates of BNSF Logistics, LLC
Represented BNSF Logistics, LLC in its acquisition by affiliates of Albacor Shipping Inc., a Canada-based international global project and general cargo provider with locations across North America, Europe and Russia.

Doedijns Acquires Logan Industries
Represented Doedijns International, a private equity-backed international manufacturer of hydraulic systems, in its acquisition of Logan Industries, a U.S. operation focused on oilfield equipment, in order to enter the U.S. market.

Stephen Robert Herring and Michael Herring v. Eileen M. Campbell, As Plan Administrator of Marathon Oil Company Thrift Plan, No. 11-40953 (5th Cir. 2012).
Represented Marathon Oil Company in its appeal of the district court's decision that its plan administrator abused its discretion by defining the term "children" in an ERISA-governed plan to mean biological and legally-adopted children. A deceased plan participant's stepchildren, who had been denied the proceeds of his plan account by the plan administrator, argued that the plan administrator should have considered the state law doctrine of equitable adoption to determine that they were "children" and therefore entitled to the deceased's benefits. The Fifth Circuit issued an opinion reversing the district court's decision, finding that nothing in the plan or ERISA required the plan administrator to incorporate the doctrine of equitable adoption into the plan's definition of "children."

Acquisition of M&R Industries, Ltd. d/b/a KM Services, Pro-Flow Fabrication Technologies, Ltd. and LTI Lambright, LLC
Represented companies who manufacture and sell parts for directional drilling, M&R Industries, Ltd. d/b/a KM Services, Pro-Flow Fabrication Technologies, Ltd. and LTI Lambright, LLC, in the sale of substantially all of their assets to Enteq KMS LLC, a wholly-owned subsidiary of Enteq Upstream PLC, an oil and gas field services company.

Acquisition of Daniels Family Funeral Services by The Signature Group
Represented The Signature Group in its acquisition of Daniels Family Funeral Services, a family-owned group of funeral homes, cemeteries and crematories in the greater Albuquerque, New Mexico area.

Pre-Acquisition Labor Law Advice and Counsel
Counseled private equity fund concerning purchase of unionized industrial maintenance contractor with numerous national and local agreements that was engaged in providing specialized services at electrical and nuclear generating facilities, refineries and chemical plants, concerning labor law successorship, single employer and joint employer issues, scope and jurisdiction of labor agreements, and impact of transaction on affiliated non-union portfolio companies.

Final Offer Arbitration (also Known as Baseball Style Arbitration)
Final offer arbitration is where an arbitrator either picks one party's proposal or the other. Representation of mining and natural resource company concerning final offer arbitration over retroactive and going forward adjustments to wage rates and classifications under letter agreement mandating wage standardization across company locations and classifications. Arbitration over multiple days, involved numerous factual witnesses and competing expert witnesses. The company prevailed in the arbitration.

Big Win for Client in Multi-Plaintiff Discrimination and Retaliation Case
Successfully obtained summary judgment for White Cap Construction in a lawsuit filed by two plaintiffs claiming retaliation and national origin, age and sex discrimination. The plaintiffs were the store manager and assistant store manager at the El Paso branch. The assistant store manager claimed that a theft investigation was initiated by a younger manager who wanted his job but the court agreed that no credible facts supported that the assistant manager's termination or the store manager's constructive discharge were motivated by discriminatory or retaliatory animus.

Davie, Florida, OSHA Late Notice of Contest - Foot Protection and Recordkeeping Violations
OSHA alleged, among other things, that Home Depot employees were not wearing appropriate foot protection, namely, steel toe shoes. We were preparing for trial, including the introduction of expert witness testimony on the foot protection citation, when the Secretary of Labor withdrew the citations before trial, resulting in a complete victory for Home Depot.

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.

New York, New York Eye Wash Exposure and Eye Wash Facilities OSHA ALJ Trial
We represented Home Depot in contesting an OSHA citation in New York where OSHA alleged that the retailer lacked suitable eye wash facilities for treating employees who could supposedly get chemicals in their eyes while cleaning up spills of consumer products in the garden department. We, among other things, challenged whether the agency could meet its burden to prove exposure to any hazardous chemical that would require a 15-minute continuous flush eye wash station. Our efforts resulted in the Secretary of Labor withdrawing the citation on the eve of trial, resulting in a complete victory for Home Depot.

Washington, Safety Committee Variance
We represented Home Depot in applying for a variance from the Washington Division of Occupational Safety and Health ("DOSH") requirement that employers maintain safety committee elections. In doing so, we drafted the variance application and interfaced with DOSH officials regarding the merits of the variance. Our efforts resulted in DOSH awarding Home Depot a permanent variance.

Bankruptcy Related Advice on WARN Compliance and Litigation

• Defense of WARN suit in United States District Court against parent company alleging de facto control of bankrupt subsidiary. Case settled based on capped dollars and percentage of recovery on claim by subsidiary and parent company against financial entity related to cancellation of credit line.
• Negotiated settlement with union WARN adversaries each seeking approximately $30 million in damages in addition to negotiating settlement with a class action plaintiff as predicate to consensual plan of liquidation.
• Pre-petition advice on WARN compliance, severance and contractual liabilities; and 1113 negotiations with IBT as aspect of motion to approve plan on behalf of bankrupt cargo airline; advice addressed status of CBA, furlough and severance demands, resolution of pending grievances, and wind up matters and to effectuate settlement of WARN claims.

Houston, OSHA Crane Violations
We represented a Houston-based demolition company in its defense of crane violations issued by OSHA. We were able to demonstrate to OSHA that some citations were inapplicable, which resulted in their dismissal. Further, a reduced penalty was negotiated, resulting in a favorable settlement for the client.

Maryland OSHA Machine Guarding
Maryland OSHA issued several citations to Home Depot stores throughout the state regarding an alleged amputation risk associated with unguarded portions of large cardboard balers. We handled the matter from the ALJ level through appeal, obtaining a complete dismissal of the applicable machine guarding citation. In doing so, we convinced the Appeals Board that no exposure existed to Home Depot Associates.

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.

Summary Judgment for Employer in ERISA Benefits Dispute
Successfully obtained summary judgment for American Airlines, Inc. in an ERISA matter where the plaintiff claimed wrongful denial of benefits.

FLSA Exempt Classification - Southern District of Texas
We represented a restaurant group that was sued under the FLSA for misclassifying the chef position. We were retained four days before a summary judgment hearing to substitute in as new counsel. Before our retention, our client had deemed admissions against it and an untimely summary judgment response on file. Plaintiff was moving for summary judgment based, in part, on the deemed admissions. We were able to have the deemed admissions withdrawn and the summary judgment was denied. We then assisted the client on a favorable settlement.

Advice Regarding Neutrality Agreement and Interest Arbitration Agreement
Provided advice and counsel concerning issues relating to unfair labor practices challenging neutrality agreement and access policies, and conduct of interest arbitration provision triggered if contract could not be reached within short period of time after selection of union as bargaining representative.

U.S. Secretary of Labor - Arkansas Matter
We quickly responded to a catastrophic fatality event by arriving at our client's facility to prepare for the OSHA investigation. We interviewed numerous employees and prepared managers for their interviews in the investigation process. We managed the interplay of private claims from the estate of the deceased along with the investigation. OSHA issued only a handful of citations with minimal fines. OSHA did not cite our client for any infractions linking the incident to non-compliance with the applicable OSHA standards.

U.S. Secretary of Labor
We represented a manufacturer in the Dallas-Fort Worth area who was cited with more than 40 citations, including alleged willful violations of the Occupational Safety and Health Act. The proposed citation fines were in the six figures. We assisted the client with an aggressive campaign to identify flaws in the investigation methodology, especially in areas of noise conservation and respiratory protection, to present a firm defense at the informal conference. Our response also included the defense of vindictive prosecution by the government. The matter moved to contested proceedings and we obtained a favorable resolution after the hearing with the settlement judge.

Pre- and Post-Petition Advice on 1113 Requirements, Pension Obligations and Negotiations to Modify CBAs

• Pre- and post-petition advice to a bankrupt grocery store chain regarding WARN compliance, obligations under labor contracts, duty to bargain, evidentiary and procedural requirements under 1113, content of economic information to be disclosed to the UFCW and IBT, and liability under single and multiemployer pension plans, including withdrawal liability issues.
• 1113 negotiations on behalf of bankrupt airline with ALPA, AFA, IAM and TWU to extinguish CBAs and address liabilities thereunder.
• Review of labor agreements of targeted bankrupt companies. Advice and counsel on bargaining issues and evaluation of proposals made by stalking horse and rival companies for same operations and possibility of pre-acquisition CBA, 1113 rejection, or pursing a 363 sale with a comprehensive free and clear order.

Collective Bargaining and Strike Planning
Representation of large mining and natural resource company concerning collective bargaining negotiations covering five locations, seven unions, and approximately 2,200 employees. The work consisted of assessment of agreements, identification of negotiations priorities, coordination of planning, preparation of legal portion of strike contingency plans, leadership of company’s negotiations team, and serving as chief spokesman in negotiations with the unions.

Defense of Unfair Labor Practice Charges and Subpoena Enforcement Litigation
Defended integrated cement company owning manufacturing plants, aggregate operations and ready-mix facilities against NLRB unfair labor practices complaint alleging failure to bargain, failure to apply collective bargaining agreement of unionized operation to non-union operation, improper reduction-in-force and diversion of work. Also defended against subpoena enforcement litigation in United States District Court securing protective order on behalf of employer.

American Wires v. Texas Auto Solutions et al. (61st Dist. Ct., Harris County, Tex. 2010)
Represented after-market automobile parts distributor in case involving breach of a non-competition agreement and misappropriation of confidential information. We obtained a partial summary judgment and judgment after a bench trial on both of claims in the approximate aggregate amount of $795,000, in addition to a permanent injunction restraining the defendants from continuing to misappropriate the client's confidential and proprietary information.

Guidance Concerning Duty to Bargain and Labor and Employment Law Compliance
Provided strategic advice and counsel to electrical generation and distribution company operating with coal, oil and gas-fired generating facilities in six states regarding sale and closure of facilities, retiree health insurance, increased cost sharing of health insurance, use of independent contractors and subcontractors for bargaining unit work, and handling and litigation of arbitrations concerning contract interpretation, reservation of rights language in benefit plans, contracting out, and terminations of employees.

Litigation over Labor Issues Concerning Proposed Plan of Reorganization and Sale of Operations

• Litigation concerning union objections and attack on proposed plan of reorganization based on special successorship provisions of CBA mandating that precondition to plan approval was recognition of union and entering into new CBA rather than assuming existing CBA, and union assertion that it would likely strike if plan approved, involving debtor company engaged in copper mining and smelting in Arizona and Texas.
• Representation of acquiror of assets concerning NLRB objections to 363 sale and free and clear order.

Advice to Non-Profit - ADA
Advised a major social service non-profit organization on handling ADA (Americans with Disabilities Act) requests.

The Penn Traffic Company - Chapter 11
Representation of The Penn Traffic Company and its subsidiaries in their Chapter 11 cases in the Delaware bankruptcy court. At filing, Penn Traffic owned and operated 79 supermarkets in the northeast part of the United States, and had total debt exceeding $250 million and annual revenues approaching $900 million. Following a spirited marketing and sale process, debtors sold substantially all their assets to TOPS Markets, LLC.

Secretary of Labor v. The Home Depot #6512,OSHRC, No. 07-0359 (September 2009)
A recent decision from the Occupational Safety and Health Review Commission provides employers who must log workplace injuries and report workplace fatalities some latitude as to when an injury or fatality is “work-related.” Specifically, in a matter in which Haynes and Boone represented the employer/respondent, the Commission clarified that simply because a fatality or injury occurs while at work, this is insufficient to presume the cause was work-related to trigger OSHA reporting or presumably injury-log recording duties. Rather, the Secretary of Labor must present evidence of a work-related event or exposure.

PLTQ Lotus Group v. Peterson Group and Wellington Yu; Harris County, Texas District Court (July 2009)
Lead counsel in a three-week trial where our client's principal was alleged to have engaged in fraud and other torts regarding his employment services on a development project. Based on information learned in discovery, our client's principal faced a significant threat of a verdict against him on these claims with more than $11 million being sought against him and his companies. In the end, the jury threw out the majority of claims and awarded less than $10,000 in damages against our principal on a claim with no attorneys' fees.

California Department of Labor, Docket No. 05-R1D4-1572 (California 2006-2008)
The underlying allegation involves whether our client as the primary employer on a multi-employer worksite must provide alternate means of fall protection to employees of a contractor who tarp loads of lumber on flat bed trucks at a distribution center. The Administrative Law Judge granted our client’s appeal of the citation and vacated the fall protection citation. In doing so, the Judge agreed that our client was neither the creating or controlling employer of the hazard.

Advice on Purchase of Debtor Entities Concerning Labor Issues and Negotiations with Unions

• Representation of private equity fund and corporate buyers in assessing feasibility of improving CBAs and lowering labor costs in event of acquisition of distressed and bankrupt entities.
• Negotiations with union's outside bankruptcy counsel and financial advisors concerning CBA in the event that plan of reorganization approved.
• Advice on content and structure of asset purchase agreement and related bankruptcy issues for hedge fund acquiring bankrupt paper mill and related negotiations with the USW and the IBT. Successfully negotiated new CBA to become applicable upon closing of transaction providing for streamlined work rules, 12-hour shifts, job consolidations and wage and benefits freezes. Negotiations with PBGC over underfunding of a single employer pension plan.
• Negotiations on behalf of acquisition company seeking to obtain brewery out of bankruptcy. Entered into three-year agreement with IUE-CWA contingent on hiring of workforce and acquisition of assets and wage and benefits concessions.

Merger with the Boeing Company and Aviall
Haynes and Boone represented Aviall Inc. in the company’s $2.05 billion merger with the Boeing Company. The deal represented the largest purchase for Boeing in a decade. As the world's largest independent provider of new aerospace parts and related aftermarket services, Aviall is a leading solutions provider of aftermarket supply-chain management services for the aerospace, defense and marine industries.

Defense of Class Action Suit Brought Under WARN Statute
Defended employer in United States District Court litigation alleging failure to provide proper notice under WARN and attempting to pursue upstream liability against holding company alleged to be single employer with operating company, or that was in de facto control of operating company. The case also involved the issue of the faltering business exception defense to WARN notice, effect of assignment of claims by employees to third parties in exchange for consideration, and related and propriety of class claims.

ClubCorp, Inc. in its $1.8 Billion Sale to KSL Capital Partners, an affiliate of KKR
Represented ClubCorp in its $1.8 billion sale to KSL Capital Partners (an affiliate of KKR). ClubCorp is the leading operator of golf courses and country clubs in the world.

Utah Occupational Safety and Health Matter, Case No. 5309164564 (Utah 2006-2007)
When a temporary worker was fatally injured while working on a front-end loader, OSHA cited our client for failure to have trained the worker on lockout/tagout procedures implicated by the accident. After engaging in extensive discovery, we were able to favorably settle the matter shortly before trial.

U.S. Secretary of Labor Texas Matter, OSHRC Docket No. 07-0359 (Texas 2007)
A recent decision from the Occupational Safety and Health Review Commission provides employers who must log workplace injuries and report workplace fatalities some latitude as to when an injury or fatality is “work-related.” Specifically, in a matter in which Haynes and Boone represented the employer/respondent, the Commission clarified that simply because a fatality or injury occurs while at work, this is insufficient to presume the cause was work-related to trigger OSHA reporting or presumably injury-log recording duties. Rather, the Secretary of Labor must present evidence of a work-related event or exposure.

U.S. Secretary of Labor - Florida matter, (Florida 2006-2007)
Following the fatality of a contractor, OSHA launched an investigation. Immediately following the fatality, and contemporaneously with OSHA’s investigation, our client implemented an overall safety compliance audit and implemented best practices well in advance of receiving the OSHA citations. Our designed strategy was to proactively address safety improvements, whether possibly related to the accident or not, in an effort to demonstrate an overall safety commitment to OSHA. This strategy was effective. The cited items and fines were well-below the expected range for the length of the inspection at issue and the underlying fatality. Significantly, the citation contained no allegation that the Company’s purported failure to comply with the cited regulations caused or contributed to the contractor’s death. This resulted in a favorable settlement for our client.

Commissioner of State of Minnesota matter, OSHA Docket No. 8878 (Minnesota 2007)
On the eve of trial, the Assistant Attorney General settled on terms favorable for our client in a matter involving alleged improper guarding of a cardboard baler and electrical junction box hazards.

Union Elections and Related Unfair Labor Practices
Successful represented hospital in NLRB-conducted election in RN unit. Hospital prevailed by a 2-to-1 margin with a bargaining unit of nearly 800 employees. Successful defense of numerous unfair labor practice claims arising out of union campaign, relating to alleged unlawful discharges, interference with employee rights and challenges to solicitation, distribution and access policies. Provided follow-up advice and counsel, supervisory and management training.

Representation of a Major National Retailer in Home Entertainment
Represented a major national retailer in home entertainment against claims that the company had misclassified Plaintiff and hundreds of other employees as employees as “exempt” under the Fair Labor Standards Act and requested class certification to assert claims on behalf of all other employees reclassified around the same time. Defeated Plaintiff’s efforts for class certification, filed a motion for summary judgment attacking Plaintiff’s theories of liability and damages, and then settled the claims for a small fraction of the original demand.

U.S. Secretary of Labor - Whistleblower matter, Matter No. 6-3280-05-036 (Texas 2005)
Obtained a complete dismissal from OSHA regarding a former employee’s Section 11(c) retaliation/discrimination complaint. We convinced OSHA that the Company discharged the employee for a legitimate, non-retaliatory reason.

U.S. Secretary of Labor - West Virginia matter, OSHRC Docket No. 05-0399 (West Virginia 2005)
Following multiple inspections at West Virginia facilities, OSHA issued citations concerning our client’s permit required confined space program. Under § 1910.146(c)(7)(iii), after an employer has reclassified a Permit Required Confined Space (“PRCS”) to a non-Permit Required Confined Space (“NPRCS”), the employer must create a certification document, which contains the date, the location of the space, and signature of the person making the determination that the hazards in the otherwise PRCS have been eliminated. Our client completes this § 1910.146(c)(7)(iii) certificate annually for the compactor space of various refuse collection trucks when authorized Technicians work in the compactor space. OSHA maintained that the NPRCS certification should have been created for each and every entry by a Technician entering the confined space, imposing a significant documentation burden on the employer. One day after we filed a Motion for Summary Judgment, the Department of Labor dismissed the case in its entirety and issued a de minimis citation.

Laredo Medical Group Corp. v. Mireles, 155 S.W.3d 417 (Tex. App. - San Antonio 2004, pet. denied)
Obtained reversal of a $1.5 million judgment in a wrongful termination case against a hospital, based on an error in the jury charge.

Reversal of Class Certification Order Against Major National Retailer
Won reversal of a class certification order that certified a class of 350,000 employees against major national retailer.

General Legal Affairs and Wind-Up - U.S. Subsidiary of Japanese Semiconductor Manufacturer
Advised in the general legal affairs and the windup of a U.S. subsidiary of a Japanese semiconductor manufacturer.

Acted as General Counsel to Semiconductor Manufacturing Joint Venture
Advised in the formation and served as general counsel to a semiconductor manufacturing joint venture between Hitachi, Ltd. and Texas Instruments Incorporated.

FLSA Collective Action—Off the Clock Claims
In the United States District Court for the Southern District of Texas - Houston Division. Represented the holding company of various Chevron gas stations in an FLSA collective action maintained by a proposed class of gas station cashiers who were allegedly told to work off the clock. Successfully prevailed at the conditional certification stage and the court denied Plaintiff’s motion for conditional class certification. This matter was then resolved on favorable terms.

FLSA Collective Action—Overtime Compensation for Meal Breaks; In the 269th Judicial District Court of Harris County, Texas
Represented a hospital district in an FLSA collective action maintained by a proposed class of anesthesia technicians, registered nurses and licensed vocational nurses who were allegedly required to work through meal breaks that were automatically deducted from their paychecks. The putative class potentially included over 2,000 members. We prevailed at the conditional certification stage when the court denied plaintiffs’ motion for conditional class certification. Thereafter, the named Plaintiffs non-suited their case with prejudice before trial.

Grievance Arbitrations Under Collective Bargaining Agreements
Handled substantial numbers of labor arbitrations under collective bargaining agreements involving discharge and discipline, skilled wage rates, subcontracting, leave of absence and contract interpretation.

FLSA Collective Action—Off the Clock Claims; In the United States District Court for the Southern District of Texas—Houston Division
Represented the holding company of various Chevron gas stations in an FLSA collective action maintained by a proposed class of gas station cashiers who were allegedly told to work off the clock. Successfully prevailed at the conditional certification stage and the court denied Plaintiff’s motion for conditional class certification. This matter was then resolved on favorable terms.

Southwest Fire Protection and Universal Sprinklers v. Thomas Carberry (state district court-Houston)
Filed lawsuit on behalf of companies against former shareholder of company for breach of stock purchase. After trial, the court issued final order finding violation of shareholder agreement, enjoining former shareholder from future conduct in violation of agreement, and awarded companies damages by ordering former shareholder to forfeit retained ownership interest in parent company.

FLSA Collective Action—Misclassification of Pipeline Controllers; In the United States District Court for the Southern District of Texas—Houston Division and the American Arbitration Association
Plaintiffs proposed to represent a class of pipeline controllers throughout the United States who were allegedly misclassified as exempt under the FLSA administrative exemption. The court conditionally certified the class, but we successfully limited the potential class to only certain grades of pipeline controllers. Further, after challenging plaintiffs’ faulty notice and successfully resolving the federal court lawsuit, only two claimants remain in arbitration.

Trial of Class Action Seeking $30 million in Damages Against International Oil Company
Represented a large international oil company in jury trial in Dallas state district court where plaintiffs asserted a class action composed of numerous former employees who had been terminated in a workforce restructuring. The plaintiff class was seeking additional severance pay benefits under the employer's separation pay plan, plus punitive damages and basing their claims on allegations of fraud and breach of contract. The case also involved very sensitive issues relating to attorney-client privilege and claims of alleged waiver of same; however, rulings were secured from the trial court in the employer's favor. After a one-week trial, the jury returned a unanimous verdict for the employer on all counts and gave the plaintiffs no damages. The verdict was appealed and the judgment for our client was upheld.

Co-Worker Sexual Harassment and an Employee’s Obligation to Act Reasonably; Harvill v. Westward Communications, 433 F.3d 428 (5th Cir. 2005), Hockman v. Westward Communications, 407 F.3d 317 (5th Cir. 2004)).
While the Hockman court found potentially egregious conduct was not harassment as a matter of law, both Hockman and Harvill assist employers when complaining employees act unreasonably. Traditionally, the court’s inquiry of whether a company may avoid liability for co-worker harassment is limited to the question of whether the employer knew or should have known of the alleged harassment and failed to take prompt, remedial action. Accordingly, whether a plaintiff acted reasonably or unreasonably in bringing a complaint to management’s attention is a matter for supervisory harassment claims only, which operate under a different set of liability principles. We argued for adoption of the supervisory harassment “reasonableness” standard in co-worker harassment cases and the Courts agreed. Now, an employer may be able to avoid liability in co-worker harassment claims if the employee unreasonably failed to take advantage of corrective opportunities provided by the employer.

Howell v. Citigroup Global Markets Inc.
Howell v. Citigroup Global Markets Inc., NYSE No. 2004-015794, complete defense award for a client in a dispute filed by a former broker challenging stock forfeiture provisions in national employer’s employee incentive compensation plan.

Lee v. Dollar Tree Stores, Inc.
Lee v. Dollar Tree Stores, Inc., 2007 U.S. Dist. LEXIS 53693 (S.D. Tex., July 25, 2007) - Obtained dismissal of sexual harassment case for employer based on jurisdictional arguments.

Representation of Two Government Contractors in Affirmative Action Compliance Audits
Represented two government contractors, one in Texas and one in Arizona, where OFCCP had found alleged class-wide discrimination in hiring based upon statistical disparities and issued Letters of Violation. In each instance, OFCCP was seeking monetary relief in excess of one million dollars, but through negotiations and by using alternative statistical analyses, a favorable settlement was reached in each matter for a fractional sum of the amount originally claimed by OFCCP.

Representation of Financial Services/Investment Firms
Representation of financial services/investment firms in cases involving allegations of employment discrimination, ADA disability and failure to accommodate, wage hour claims, breach of fiduciary duties under ERISA, whistleblower/retaliation allegations, and breach of contract claims by financial analysts concerning compensation and commissions.