Oberti Sullivan LLP

713.401.3555

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Houston, Texas labor law attorneys

 

Upcoming and Recent Events

This page is where we post the latest news, papers, and presentations about recent Firm events and Texas Employment Law.  Check back here for periodic updates.

  • July 25-27, 2013 - Mark Oberti speaks on a variety of retaliation issues at the American Law Institute's CLE entitled "Current Developments in Employment Law" at the La Fonde on the Plaza Hotel in Santa Fe, New Mexico.
  • July 25, 2013 - Ed Sullivan to moderate a panel at South Texas College of Law's In House Conference and 26th Annual Employment Law Conference in Houston, Texas, on "Punitive Damages:  How Employers Avoid Them, How Employees Obtain Them."
  • June 6, 2013 - Mark Oberi and Ed Sullivan speak before the State Bar of Texas on “2013 Update:  Texas Noncompete Law; Trade Secrets Litigation; Texas Adopts The Uniform Trade Secrets Act; Inevitable Disclosure Doctrine; and Fiduciary Duties.”
  • May 9, 2013 - Mark Oberti gives a presentation at the National Employment Law Institute's 18th Annual Employment Law Conference at the Ritz-Carleton Pentagon City Hotel in Washington D.C., on the "Growing Surge in Retaliation and Whistleblowing."
  • April 30, 2013 - Mark Oberti and Ed Sullivan speak before LawReviewCle on "Two Critical Employment Law Topics That All Texas Lawyers Should Know."
  • April 11, 2013 - Mark Oberti spoke at the National Employment Law Institute's 23rd Annual ADA & FMLA Compliance Update at the Four Seasons Hotel in Chicago, Illinois, on "Trends in the Law, Whether an Individual is Qualified under the ADA, and Direct Threat and Enforcing Conduct Rules under the ADA."
  • March 29, 2013 - Mark Oberti quoted in The Houston Chronicle in an article entitled "Boss can't keep workers from comparing paychecks"
  • March 28, 2013 - Mark Oberti speaks to the Houston Bar Association's Spring/Summer Seminars on "The Departing Texas Employee:  Noncompetes, Trade Secrets, Fiduciary Duties and the 'Inevitable Disclosure' Doctrine."
  • March 19, 2013 - Mark Oberti and Ed Sullivan speak before the State Bar of Texas on "15 Things You Need To Know About The New Wave of Retaliation, Dodd-Frank, and SOX Whistleblower Claims."
  • March 4, 2013 - Mark Oberti speaks at the National Employment Law Institute's 32nd Annual Employment Law Briefing at the Disney BoardWalk Inn Resort in Orlando, Florida on the "Growing Wave in Retaliation and Whistleblowing."
  • February 25, 2013 - Judge Al Bennett of the 61st District Court of Harris County, Texas, granted final summary judgment in favor of Oberti Sullivan LLP's client, First Source Electrical, LLC, in the case of Irma Azuara v. First Source Electrical, LLC, Cause No. 2011-70575. Azuara was First Source's former Controller.  She sued First Source for breach of her employment contract, breach of stock agreements, and breach of the duty of good faith and fair dealing.  Oberti Sullivan LLP's winning summary judgment motion is here, and the Court's order granting the motion is here
  • February 22, 2013Texas Lawyer names Mark Oberti "Litigator of the Week" for the $2.9 million age discrimination case against Pottery Barn.  It's the second time he has been named Litigator of the Week since June 2012.
  • February 19, 2013 - Both the Houston Chronicle and San Antonio Express News report on the $2.9 million verdict against Williams Sonoma (Pottery Barn).
  • February 15, 2013 - Mark Oberti successfully obtains a $2.9 million verdict against Williams Sonoma (Pottery Barn) for age discrimination against our client, Nancy Robertson.
  • January 25, 2013 - Mark Oberti is published in the Houston Business Journal on "5 Things All Execs Should Have in Employment Agreements."
  • December 11, 2012 - Houston executive employment lawyer discuss the meaning and impact of fee shifting provisions in Texas and Houston executive employment contracts.
  • December 4, 2012 - Houston executive attorneys discuss the fiduciary duties executives and employees owe their employers (in general) under Texas law.
  • November 29, 2012 - Mark Oberti speaks to Lawline on "The Departing Texas Employee:  Noncompetes, Trade Secrets, Fiduciary Duties, and the Inevitable Disclosure Doctrine."
  • November 27, 2012 - Mark Oberti and Ed Sullivan are invited to speak before the State Bar of Texas on the "Top 10 Ethical Traps for Employment Lawyers (and how to avoid them)."
  • November 19, 2012 - Mark Oberti speaks to Lawline on "The FMLA:  An Employer's Roadmap to Rooting Out Fraud and Protecting Rights."
  • November 16, 2012 - Mark Oberti speaks to the National Employment Law Institute's Employment Law Conference in Washington, D.C. on "FMLA Practice and Pitfalls."
  • November 12, 2012 - Mark Oberti speaks to the Houston Bar Association's Labor and Employment Section on "Vetting Plaintiffs' Employment Cases:  Tips, Tactics, and Traps."
  • November 9, 2012 - Mark Oberti speaks to the Thurgood Marshall School of Law - Texas Southern University at its Civil Rights Symposium in Houston, Texas, on the "New Wave of Retaliation and Whistleblowing."
  • October 29, 2012 - Houston executive lawyers discuss "with good reason" clauses in executive employment contracts.
  • October 25, 2012 - Mark Oberti and Ed Sullivan give separate presentations to the annual meeting of the American Petroleum Labor Lawyers' Association in Houston, Texas.
  • October 25, 2012 - Mark Oberti releases a PowerPoint on the "New Wave of Retaliation and Whistleblowing."
  • October 24, 2012 - Mark Oberti releases a detailed paper on the "New Wave of Retaliation and Whistleblowing."
  • October 23, 2012 - Ed Sullivan releases a paper entitled "Employment Law Ethics - Surreptitiously Recording Conversations."
  • October 22, 2012 - Houston executive attorneys discuss what "notice and cure" provisions are in executive employment contracts.
  • September 19, 2012 - Houston executive lawyers discuss the meaning of "just cause" in employment contracts.
  • September 14, 2012 - Judge Randy Wilson grants summary judgment on behalf of Oberti Sullivan client Fast Group Houston, Inc.  All claims against the company were dismissed.
  • August 23, 2012 - After a jury trial, Oberti Sullivan and their co-counsel obtain a $248,365.59 judgment on behalf of their clients against Diesel Pros LLC for violations of the federal Fair Labor Standards Act.
  • August 16, 2012 - Ed Sullivan releases a paper on the  various ethical issues that pop up when settling multi-plaintiff cases?
  • August 15, 2012 - Houston overtime attorney discusses whether a person earning a salary is entitled to overtime.
  • August 14, 2012 - Houston overtime lawyer discusses the meaning of "exempt" and "non-exempt" under the FLSA.
  • August 13, 2012 - Houston overtime attorney discusses the FLSA.  What is the FLSA?
  • July 27, 2012 - Houston overtime lawyers discuss President Obama's FLSA initiative.
  • July 26, 2012 - Houston employment lawyers discuss whether a company should conduct an internal audit.
  • July 25, 2012 - Houston overtime lawyers discuss Department of Labor ("DOL") wage and hour investigations.
  • July 24, 2012 - Houston overtime lawyer discusses the FLSA's Executive and Administrative exemptions.
  • July 23, 2012 - Houston overtime attorney discusses how overtime is calculated in general.
  • July 22, 2012 - Houston overtime lawyer discusses the types of damages available in overtime (FLSA) cases.
  • July 21, 2012 - Houston overtime attorney discusses what immediate steps should be taken by an employer after it is sued under the FLSA.
  • July 20, 2012 - Mark Oberti speaks on "10 Hot New Employment Law Developments" to Lawline.com
  • July 19, 2012 - Mark Oberti, Ed Sullivan, Joe Ahmad, and Micah Heilbrun speak before the State Bar of Texas on "Employment Law 2012 -- 10 Hot New Developments All Lawyers Need to Know"
  • July 10, 2012 - Professor Eugene Volokh of the Volokh Conspiracy analyzes Oberti Sullivan's recent Fifth Circuit victory and offers some of his thoughts on U.S. federal courts' application of foreign law.
  • July 10, 2012 - The U.S. Court of Appeals for the Fifth Circuit affirms a $144,657.45 judgment Oberti Sullivan obtained on behalf of its client Junial Douglas against Smith International.  Mr. Douglas successfully argued that he was owed severance pay under Article 84 of the Labor and Workmen law of Saudi Arabia.  A federal district court had earlier granted judgment against Smith International.
  • July 6, 2012 - Issue 10:  New Texas Supreme Court decision on punitive damages in a Sabine Pilot case may be significant for Texas employers and Texas employees
  • July 5, 2012 - Texas Hot Topic Employment Law Question Issue 9:  Houston employment lawyer Mark Oberti discusses social media policies and how the NLRB views them.
  • July 4, 2012 - Texas Hot Topic Employment Law Question Issue 8:  Houston retaliation attorney Mark Oberti discusses the new wave of SOX retaliation cases and what it means in Texas
  • July 3, 2012 - Texas Hot Topic Employment Law Question Issue 7:  Houston overtime attorney Ed Sullivan discusses the impact Dukes v. Walmart has had on the certification of FLSA collective actions
  • July 2, 2012 - Texas Hot Topic Employment Law Question Issue 6:  Houston employment lawyer Ed Sullivan discusses the recent Supreme Court decision determining that certain pharmaceutical representatives where exempt from overtime under the federal Fair Labor Standards Act ("FLSA").
  • July 2, 2012 - Houston employment lawyers discuss the recent decision by the Supreme Court to grant certiorari to set the rules on what it takes for a person to be a supervisor in Title VII harassment cases under the Supreme Court's decisions in Ellerth and Faragher.
  • June 29, 2012 - Texas Hot Topic Employment Law Question Issue 5:  New Seventh Circuit retaliation cases found fact questions on cases where the employee threatened violence at the workplace.Developments All Lawyers Need to Know"
  • June 29, 2012 - Ed Sullivan and Mark Oberti discuss the Supreme Court's decision to grant cert. in Genesis Healthcare v. Symczyk.  This is of interest to anyone who follows Offers of Judgment and FLSA litigation.
  • June 28, 2012 - Texas Hot Topic Employment Law Question 4:  What are the new EEOC regulations regarding what constitues "reasonable factors other than age" in ADEA (age discrimination) cases in the wake of Smith v. City of Jackson, 544 U.S. 228 (2005)?  Houston employment lawyers discuss the March 30, 2012, regulations and its impact on Texas employers.
  • June 27, 2012 - Texas Hot Topic Employment Law Question 3:  The EEOC's recent enforcement initiatives on the new ADA.  Leave of absence/attendance control policies and "direct threat" cases are discussed.
  • June 26, 2012 - Texas Hot Topic Employment Law Question 2:  What is the EEOC's new guidance on the usage of arrest and conviction records by employers to screen out applicants?
  • June 25, 2012 - Texas Hot Topic Employment Law Question 1:  What is the EEOC's position on whether transgendered employees are protected by Title VII?
  • June 25, 2012 - Oberti Sullivan releases a new YouTube series on Top 10 Hot Topics in Texas Employment Law by Houston Employment Lawyers
  • June 22, 2012 - Texas Non-Compte Question 1:  What can an attorney do to navigate an executive or company through the Texas non-compete process?  Answer here.
  • June 21, 2012 - Texas Non-Compete Question 2:  What are the effects of choice of law/choice of forum clauses in Texas non compete agreements?  Answer here.
  • June 20, 2012 - Texas Non-Compete Question 3:  What happens if an employer tries to enforce an over-broad non-compete agreement under Texas law?  Answer here.
  • June 19, 2012 - Texas Non-Compete Law Question 4:  What can an employer do if it suspects a former employee is violating a non-compete agreement?
  • June 18, 2012 - Texas Non-Compete Law Question 5:  What should an employee with a non-compete agreement tell his/her employer if he/she is about to leave employment?
  • June 15, 2012 - Houston Non-Compete lawyer Mark Oberti invited to speak on Trade Secrets and Covenants Not To Compete and their Enforceability at the State Bar of Texas Annual Convention in Houston, Texas. 
  • June 15, 2012 - Texas Non-Compete Law Question 6:  What items can an executive take if he or she leaves employment?
  • June 14, 2012 - Mark Oberti invited to speak at the State Bar of Texas' Annual Meeting on the "The Top 10 Mistakes Employers Make And How to Avoid Them"
  • June 14, 2012 - Texas Non-Compete Law Question 7:  Are non-solicitation/recruitment claues valid under Texas law?
  • June 13, 2012 - Texas Non-Compete Law Question 8:  Under Texas law, can an employer restrain an ex-employee from competing even in the absence of a non-compete agreement?  Answer here.
  • June 12, 2012 - Texas Non-Compete Law Question 9:  How long can an employer stop me from competing under Texas law?  Answere here.
  • June 11, 2012 - Texas Non-Compete Law Question 10:  In general, when is a non-compete agreement enforceable under Texas law? Answer here.
  • June 11, 2012 - Oberti Sullivan begins to release a new YouTube series on Texas non-compete law.
  • June 11, 2012Texas Lawyer writes a front-page story on Oberti Sullivan's successful defense of Houston Funding in a so-called lacatation discrimination case.  Link is here (subscription required).
  • June 8, 2012 - Ed Sullivan discusses when an employee is owed a bonus under Texas law.
  • June 6, 2012 - Ed Sullivan releases a presentation on the meaning of "at will" employment under Texas law here.
  • June 5, 2012 - Ed Sullivan discusses when an employer owes an employee vacation or sick leave here.
  • June 4, 2012 - Ed Sullivan discusses when an employer can deduct from an employee's wages under Texas law.
  • June 1, 2012 - Oberti Sullivan releases its fifth and sixth video podcasts on the Top Ten Texas Employer Mistakes (and how to avoid them).  An accompanying PowerPoint to the presentation can be found on the presentations page.  This should be of interest to any company or Houston executive interested in avoiding employment litigation.
  • May 21, 2012 - Mark Oberti speaks to Lawline.com on the "New Wave of Retaliation & Whistleblowing"
  • May 17, 2012 - Mark Oberti speaks to the Houston Bar Association's Labor and Employment Section on "Employment Law Ethics - Surreptitiously Recording Conversations"
  • May 17, 2012 - Mark Oberti speaks to the Houston Bar Association's Labor and Employment Section on the "Maintaining an ADA and FMLA Compliant Workplace"  Course reviews are here.
  • May 3, 2012 - Mark Oberti is invited by the National Employment Law Institute to give a presentation entitled, "The New Wave of Retaliation and Whistleblowing" at its 2012 Mid-Year Employment Law Conference at the Four Seasons Hotel in Chicago, Illinois. A paper was prepared for the speech.
  • April 30, 2012Texas Monthly Magazine names both Mark Oberti and Ed Sullivan 2012 "Super Lawyers"
  • March 8, 2012 - Mark Oberti of Oberti Sullivan LLP, and Tim Bowne and Claudia Molina of the EEOC speak before the State Bar of Texas on "Effectively Representing Your Client Before The EEOC."  A paper and powerpoint were part of the presentation.
  • March 2, 2012 - Mark Oberti of Oberti Sullivan LLP, and Samantha Martinez of Muskat, Martinez, & Mahony give a presentation entitled, "Harassment, Slander, and Other Bad Behavior:  The Latest in Employment Litigation," at the Southwest/Rockies Region of the National Academy of Arbitrators' 35th Annual Labor-Management Conference in Houston, Texas.
  • February 23, 2012 - Mark Oberti presents a 90-minute webcast for Lawline.com on "Maintaining an ADA and FMLA Compliant Workforce."
  • February 9, 2012 - Oberti Sullivan LLP gains national attention for the judgment it obtained for its client against the EEOC.  National news outlets, including the Reuters, USA TodayBusinessWeek, and the ABA Journal, covered the story.
  • February 2, 2012 - Oberti Sullivan LLP obtains summary dismissal and a final judgment on behalf of its client against the Equal Employment Opportunity Commission in Houston.
  • January 9, 2012 - Mark Oberti and Martin Shellist speak before the Houston Bar Association's Labor and Employment Section on "Trying the Non-Traditional Texas Employment Law Case."
  • January 5, 2012 - Mark Oberti speaks before Lawline.com on "The Top Ten Mistakes Employers Make And How To Avoid Them."  The webcast can be seen here.
    • December 7, 2010 - Mark Oberti, Ed Sullivan, Joseph Ahmad and Scott McLaughlin are invited to speak to the State Bar of Texas on "Texas Non-Compete and Trade Secrets Updates"
    • December 1, 2010 - The Houston Chronicle interviews Mark Oberti about the Firm's start-up experiences.
    • November 9, 2010 - Ed Sullivan speaks before the Garland Walker American Inn of Court on a Client's Perspective of Alternative Fee Arrangements in the New Economy
    • November 6, 2010 - Mark Oberti and Ed Sullivan speak at the Houston Bar Association's Ethics Seminar on Ethical Issues in the Employment Context.
    • November 4, 2010 - Ed Sullivan is extensively quoted by the Houston Chronicle regarding his thoughts on meetings in corporate culture.
    • November 1, 2010 - The Texas Bar Journal notes the founding of Oberti Sullivan LLP.
    • November 1, 2010 - Texas Monthly Magazine names Mark Oberti a "Top Attorney in Labor and Employment Law" in its special Super Lawyers - Corporate Counsel Edition, page 59.
    • October 18, 2010 - Mark Oberti and Ed Sullivan present a paper and PowerPoint on the Americans with Disabilities Act to the Houston Bar Association.
    • October 13, 2010 - Mark Oberti argues on behalf of a corporate client before the Texas 1st Court of Appeals.
    • October 2, 2010 - Mark Oberti speaks at the 26th Annual Institute on Intellectual Property Law at the Moody Gardens Hotel in Galveston, Texas, for the Houston Intellectual Property Law Association. Mark gave a CLE presentation on Employment Law and IP Related Issues, with an emphasis on Texas non-compete law. A paper and powerpoint are included.
    • September 28, 2010 - Mark Oberti and Ed Sullivan are asked to speak with Kate Blaine of ExxonMobil before the State Bar of Texas on: "Top Ten Mistakes Employers Make, and How to Avoid Them." A paper and powerpoint are included.
    • August 20, 2010 - Ed Sullivan asked to comment on OSHA statistics by the Houston Chronicle
    • August 1, 2010 - Ed Sullivan and Oberti Sullivan mentioned in The Fund for American Studies newsletter
    • July 16, 2010 - Mark Oberti speaks at South Texas College of Law. Mark gave a CLE presentation to employment lawyers on Religious Discrimination and Accommodation: Recent Case Law and the EEOC's 2008 Guidance. (Adobe PDF file).
    • July 15, 2010 - Mark Oberti Gives a Webinar to Lorman Educational Services.  Mark spoke to Lorman's patrons regarding the Texas Payday Act.  (Adobe PDF file)
    • July 3, 2010 - Oberti Sullivan LLP mentioned in Houston Chronicle.  The Houston Chronicle ran a short blurb noting the founding of the law firm.
    • June 15, 2010 - Oberti Sullivan LLP launch a Houston employment firm.  Mark Oberti and Ed Sullivan founded Oberti Sullivan LLP with the goal of being Texas' premier boutique employment law firm.

     

     

      

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