Oberti Sullivan LLP

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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.

  • March 29, 2017:  Mark Oberti gives a presentation for the National Employment Law Institute at its Thirty-Sixth Annual Employment Law Briefing on Pervasive Retaliation and Whistleblowing Claims at the Hotel del Coronado in San Diego, California.  
  • February 2, 2017:  Mark Oberti, Ed Sullivan, Joseph Ahmad, and Rachel Powitzky Steely speak before the State Bar of Texas and give a webcast entitled "Top Ten Fifth Circuit Employment Law Cases of 2016"
  • January 4, 2017:  Oberti Sullivan wins summary judgment in a same sex harassment case. Smith v. MTC, No. 4:16-cv-00176-A (N.D. Tex.).  A copy of the opinion is here.  The final judgment is here.
  • December 8, 2016: Mark Oberti gives a presentation before the National Employment Law Institute at the Ritz-Carlton Hotel in New Orleans, on "Retaliation and Whistleblowing"
  • November 16, 2016:  Mark Oberti, Ed Sullivan, Joseph Ahmad, and Scott McLaughlin speak before the State Bar of Texas and give a webcast entitled "Ten ADA Issues That Continue to Confound and Confuse Employers, and Give Hope To Even Slightly Impaired Plaintiffs and their Lawyers."
  • November 3, 2016: Mark Oberti gives a presentation before the National Employment Law Institute at the the Four Seasons Hotel in Chicago, on "Retaliation and Whistleblowing”
  • September 6, 2016:  Mark Oberti and Ed Sullivan were each recognized as "Top 100 Houston Super Lawyers" for 2016.  Super Lawyers is a Thompson Reuters service printed in Texas Monthly.
  • August 30, 2016:  Mark Oberti, Ed Sullivan, Joseph Ahmad, and Linda Headley speak before the State Bar of Texas and give a webcast on the “Top 10 Ways Plaintiffs Try to Prove Pretext in Discrimination and Retaliation Cases
  • August 20, 2016:  Mark Oberti will present a retaliation update entitled, “Why, I Oughta . . .” Resist Retaliation or Risk Being a Stooge," with Andrew Golub at the State Bar of Texas Labor and Employment Section’s 27th Annual Labor Law and Employment Law Institute at the JW Marriott Houston. 
  • August 15, 2016:  For its 2017 edition, the publication Best Lawyers recognized Mark Oberti and Ed Sullivan in two different categories:  (1) Employment Law-Management and (2) Litigation - Labor & Employment.
  • August 8, 2016:  Mark Oberti, Ed Sullivan, and Joseph Ahmad speak before the Houston Bar Association’s Labor and Employment Section on "ADA Issues That Continue to Confound and Confuse Employers, and Give Hope To Even Slightly Impaired Plaintiffs and their Lawyers"
  • August 5, 2016:  Bloomberg BNA writes an article about Mark Oberti's recent speech on Retaliation and Whistleblowing.
  • July 28, 2016:   Mark Oberti gives a presentation for the National Employment Law Institute on “The Expansion of Retaliation and Whistleblowing Claims” at the W Hotel in Washington, D.C.
  • June 27, 2016:  The court enters a favorable judgment for Oberti Sullivan's client following a federal jury trial in a Fair Labor Standards Act retaliation case.  Fleming v. The Momenta Group, LLC d/b/a Momentum Fitness Solutions & Grant Moyer, Civil Action No. 4:15-cv-75 (S.D. Tex.) (Hittner, J.). (the conclusion of judgment by court can be found here).
  • June 7, 2016:  Mark Oberti publishes a blog post entitled:  "Fifth Circuit Holds That Employees Interviewed As Part Of A Sexual Harassment Investigation Have Greater Protection From Retaliation"
  • June 1, 2016:  The publication Best Lawyers recognized Mark Oberti and Ed Sullivan as Best Lawyers in Texas: Labor & Employment Law.  Best Lawyers is a service printed in The Wall Street Journal.
  • May 20, 2016:  Oberti Sullivan hosted a powerhouse CLE on Houston employment law, including modern EEOC litigation, the rash of unpaid overtime lawsuits, effective mediation strategies, and non-compete litigation.
  • May 17, 2016:  Oberti Sullivan wins a federal jury trial in a Fair Labor Standards Act retaliation case.  Fleming v. The Momenta Group, LLC d/b/a Momentum Fitness Solutions & Grant Moyer, Civil Action No. 4:15-cv-75 (S.D. Tex.) (Hittner, J.).  The jury awarded our client more damages than he asked for.
  • May 12, 2016:  Mark Oberti gives a presentation for the National Employment Law Institute on “Trends in Retaliation and Whistleblowing” at the Ritz-Carlton Chicago in Chicago, Illinois.
  • April 15, 2016:  Ed Sullivan speaks before the Houston Bar Association on the "Top 10 Fifth Circuit Cases Of The Past Twelve Months."
  • April 5, 2016: Mark Oberti and Ed Sullivan each win a "Standing Ovation" award from the State Bar of Texas for "extraordinary energy, commitment of time, and leadership" in the presentation of multiple webcasts for Texas attorneys. 
  • April 4, 2016:  Mark Oberti writes a blog post entitled "Employee Loses Retaliation Claim Based On Coworker's Use Of The Phrase Heil Hitler."
  • March 30, 2016:  Mark Oberti gives a presentation for the National Employment Law Institute at its Thirty-Fifth Annual Employment Law Briefing on Trends in Retaliation and Whistleblowing at the JW Marriott Phoenix Desert Ridge Resort & Spa in Phoenix, Arizona.
  • March 28, 2016:  Mark Oberti writes a blog post entitled "EEOC Takes Aggressive Positions On Homosexual Rights In The Workplace Under Title VII"
  • March 23, 2016:  Mark Oberti and Ed Sullivan give a presentation before the State Bar of Texas entitled "In House Counsel Employment Law Primer:  10 Tips For Identifying Risk, Minimizing Liability, and Creating Clarity and Calm out of Confusion and Chaos."
  • March 21, 2016:  Mark Oberti publishes a blog post entitled:  "Fifth Circuit Holds That A Manager’s Threat To Reduce An Employee’s Pay In Retaliation For the Employee’s Hiring Of A Transgendered Employee Was Not An Adverse Employment Action That The Threatened Employee Could Sue Over"
  • March 15, 2016:  Oberti Sullivan wins a disability discrimination, failure to accommodate, and retaliation case in the U.S. Court of Appeals for the Fifth Circuit for its client, Safety Vision, LLC.  Jurach v. Safety Vision, No. 15-20018 (5th Cir. Mar. 15, 2016).
  • March 14, 2016:  Mark Oberti gives a presentation for the National Employment Law Institute at its Thirty-Fifth Annual Employment Law Briefing on Trends in Retaliation and Whistleblowing at the Harbor Beach Marriott in Fort Lauderdale, Florida. 
  • March 9, 2016:  Mark Oberti writes a blog post entitled "New Fifth Circuit ADA Decision Illustrates The Pro-employee Impact Of The Amendments Congress Passed To The ADA."
  • December 12, 2014: Oberti Sullivan LLP won final summary judgment for its client, Safety Vision, LLC, in Jurach v. Safety Vision, LLC, Civil Action No. H–14–044, 2014 WL 7151470 (S.D. Tex. Dec. 12, 2014), a disability discrimination, retaliation, and ERISA Section 510 case. Final judgment is here.  The case has been appealed.
  • December 11, 2014: Mark Oberti gives a presentation before the National Employment Law Institute at the Ritz-Carlton Hotel in New Orleans, on "Retaliation and Whistleblowing"
  • November 13, 2014: Mark Oberti gives a presentation before the National Employment Law Institute at the the Four Seasons Hotel in Chicago, on "Retaliation and Whistleblowing"
  • October 30, 2014:  The Texas Lawyer writes an article mentioning Oberti Sullivan entitled:  "Proposed Fees in FLSA Class Action Top $1.2 Million"
  • October 30, 2014: Mark Oberti and Ed Sullivan give a webcast presentation for the State Bar of Texas on the "Top 10 Fifth Circuit Employment Law Cases Every Lawyer Must Know"
  • October 17, 2014:  Ed Sullivan to speak to the State Bar of Texas on Voir Dire.
  • October 17, 2014: Mark Oberti to speak to the State Bar of Texas on "The Ten Employment Cases You Must Know About:  Learn Them Now, Or (To Your Regret), Learn Them Later."
  • September 20, 2014: Mark Oberti gives a presentation with Andrew Golub for the State Bar of Texas's 25th Annual Labor & Employment Law Institute at the JW Marriott in San Antonio on "Protected Activity and Whistleblowing:  Retaliation Claims on the Rise"
  • September 19, 2014:  Mark Oberti quoted in Bloomberg BNA Daily Labor Report in an article entitled "Fifth Circuit Says Unnamed Corporate Parent May Be Subject To Sexual Harassment Case"
  • September 2, 2014: Mark Oberti quoted in Employment Law 360 on new Texas Supreme Court case.
  • August 28, 2014:  Ed Sullivan quoted by the Houston Chronicle in an article entitled: "Lawsuit challenges limits on what employees can say on social media"
  • August 19, 2014:  Oberti Sullivan files suit on behalf of Carl Pittman against the Harris County Sheriff's Office alleging that the Office's new Social Media Policy violates the First Amendment.  Coverage herehere, here, here, and here.  A copy of the lawsuit is here.
  • August 11, 2014: Ed Sullivan moderates a debate at the Houston Bar Association's Labor and Employment Section Monthly Meeting entitled: "FLSA Litigation: Views from the Tips of the Spears" 
  • July 25, 2014: Mark Oberti speaks before the American Law Institute at its 21st Annual Advanced Course on Current Developments in Employment Law in Santa Fe, New Mexico on "Emerging Issues in Whistleblower Law"
  • July 24, 2014: Mark Oberti speaks before the National Employment Law Institute at its 37th Annual Employment Discrimination Law Update in Washington, D.C. on "Understanding the Complexities of Retaliation and Whistleblowing Claims"
  • July 21, 2014: Mark Oberti presents a webcast CLE for Lawline.com on "Rumbles in the C Suite: Representing Executives In Employment Disputes in Texas"
  • July 9, 2014:  Mark Oberti quoted in a Houston Chronicle article entitled "Companies get training to avoid email legal woes"
  • June 30, 2014:  Oberti Sullivan obtains a total dismissal for its client, Kirkland and Ellis LLP. 
  • June 11, 2014:  Mark Oberti quoted in a Houston Chronicle article entitled "Whistleblowers who call the SEC gain financial rewards"
  • June 9, 2014: Mark Oberti speaks to the Houston Bar Association, Labor and Employment Section, on "The New Wave of Retaliation Cases"
  • June 4, 2014:  Mark Oberti quoted in a Houston Chronicle article entitled "The ultimate executive perk: free health care"
  • May 29, 2014: Ed Sullivan speaks to Top Trial Lawyers on the ADA and FMLA
  • May 26, 2014:  Oberti Sullivan's verdict listed as the top Texas discrimination jury verdict in 2013.
  • May 19, 2014: Oberti Sullivan obtains final summary judgment for its client, U.S. Logistics, Inc., in the case of Garcia v. U.S. Logistics, Inc., et al. NO. CIV.A. H-13-3299, 2014 WL 2050275 (S.D. Tex. May 19, 2014).
  • May 15, 2014 - Mark Oberti speaks for the National Employment Law Institute at the Four Seasons Hotel in Chicago, Illinois on "Understanding the Complexitites of Retaliation and Whistleblowing Claims"
  • May 8, 2014:  Ed Sullivan speaks before the U.S. Court of Appeals for the Fifth Circuit's Annual Judicial Conference in San Antonio, Texas, on recent developments in employment law
  • April 21, 2014:  For 2014, Mark Oberti and Ed Sullivan were again recognized as Super Lawyers, a Thompson Reuters service printed in Texas Monthly
  • April 17, 2014:  Mark Oberti, Ed Sullivan, James Sacher of the EEOC, and Lue Dillard of Marathon Oil speak before the State Bar of Texas on the "ADA:  Direct Threat and Enforcing Conduct Rules"
  • April 14, 2014:  Mark Oberti quoted in BNA Labor & Employment Law Resource Center in an article entitled "NELI Speakers Discuss Legal Trends, Offer Practical Guidance Under Amended ADA"
  • April 10, 2014 - Mark Oberti speaks for the National Employment Law Institute at the Ritz-Carlton Hotel in Washington, D.C. on "ADA:  Direct Threat and Enforcing Conduct Rules"
  • March 26, 2014 - Mark Oberti speaks for the National Employment Law Institute at the Paradise Point Resort & Spa in San Diego, California on "New Retaliation and Whistleblowing Developments"
  • March 26, 2014 - Mark Oberti speaks for the National Employment Law Institute at the Paradise Point Resort & Spa in San Diego, California on "New Retaliation and Whistleblowing Developments"
  • February 14, 2014 - Oberti Sullivan releases a new paper entitled "Five Things Employers and Employees Need to Know About Cancer In The Workplace"
  • February 1, 2014 - Mark Oberti and Ed Sullivan release a video on "Associational Discrimination Under the Americans with Disabilities Act"
  • January 29, 2014 - Mark Oberti and Ed Sullivan release a video on "Cancer and the Americans with Disabilities Act"
  • January 13, 2014 - Ed Sullivan speaks and moderates a presentation for the Houston Bar Association's Labor and Employment Section on "Department of Labor Practice And Procedure"
  • January 6, 2014 - Mark Oberti argues before the Fifth Circuit in Keith Coffin, et al v. Blessey Marine Services, Inc. Case No. 13-20144, in New Orleans, Louisiana.
  • January 1, 2014 - Mark Oberti and Ed Sullivan were recognized as Super Lawyers for 2013, a Thompson Reuters service printed in Texas Monthly.
  • December 12, 2013 - Mark Oberti gives a presentation for the National Employment Law Institute at the the Ritz-Carlton Hotel in New Orleans, on the "Growing Surge in Retaliation and Whistleblowing."
  • November 14, 2013 - Mark Oberti gives a presentation for the National Employment Law Institute at the the Four Seasons Hotel in Chicago, on the "Growing Surge in Retaliation and Whistleblowing."
  • October 23, 2013 - From 5:00 p.m. - 7:00 p.m. EST Mark Oberti will present a CLE entitled Sarbanes Oxley & Dodd Frank: Updates in Whistleblowing Cases & Retaliation via a live webcast and in front of a live audience at Lawline.com's headquarters located in New York City.
  • September 27, 2013 - Mark Oberti and Joseph G. "Chip" Galagaza of Jackson Lewis LLP speak before a group of local Employment and Labor Law Mediators in a presentation entitled "Employment Mediation Update: New & Emerging Implications for Mediation" to the Association for Conflict Resolution - Houston Chapter, at its Advanced Workplace Mediation Training put on in collaboration with the Equal Employment Opportunity Commission of Houston, and the South Texas College of Law Frank Evans Center.
  • September 4, 2013 - Oberti Sullivan begin blogging on Texas non-compete law.  Mark's detailed paper on Trade Secrets, Noncompetes, and the Inevitable Disclosure doctrine is linked.
  • August 12, 2013 - Mark Oberti and Ed Sullivan speak before the Labor and Employment Section of the Houston Bar Association.  Along with Joe Ahmad, they discussed the recent Supreme Court term.
  • August 11, 2013 - Mark Oberti's speech to Lawline on "15 Tips For Starting A Successful Plaintiffs Employment Law Practice"
  • August 1, 2013 - Mark Oberti is published in the Thurgood Marshall Law Review on the "New Wave of Employment Retaliation and Whistleblowing"
  • August 1, 2013 - Oberti Sullivan Law Clerk Ahad S. Khan is pubished in the Thurgood Marshall Law Review on "Freedom of Speech in the Age of Facebook:  Do Students Have a First Amendment Protection from School Discipline for Speech and Expression that Originates Off School Grounds."
  • 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 Fonda 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 14, 2013 - Mark Oberti gives a presentation to lawline.com entitled "EEOC: Procedure, Mechanics and Impacts on Future Litigation"
  • 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" after he obtained a jury verdict in an 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 jury verdict in the age discrimination against Williams Sonoma (Pottery Barn) obtained by lead counsel Mark Oberti.
  • February 15, 2013 - Mark Oberti successfully obtains a substantial jury verdict against Williams Sonoma (Pottery Barn) for age discrimination on behalf of 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 - 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). 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 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.
  • 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.
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