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 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, 2013 - Texas 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.
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?
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 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, 2012 - Texas 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 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, 2012 - Texas 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.
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 Today, BusinessWeek, 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.
October 31, 2011 – Mark Oberti releases a revised treatise on Texas Noncompete Agreements and Trade Secrets.
October 17, 2011 – Oberti Sullivan won summary judgment for its client, BJ Services Company, U.S.A. in a Texas workers' compensation retaliation and tortious interference case brought by a former employee. Please find a linked a copy of the winning motion and the court's order.
September 30, 2011 - Oberti Sullivan obtains a federal court judgment in the amount of $144,657.45 on behalf of an executive denied an end of service award owed to him under Saudi Arabian labor law. The court's opinion is here.
August 25, 2011 - Ed Sullivan is interviewed by L.M. Sixel of the Houston Chronicle regarding a Department of Labor wage and hour lawsuit against a private company. The article is entitled "Employee or Not?" The article addresses whether persons were employees or independent contractors of a private company. It also discusses "wait time" under the federal Fair Labor Standards Act.
July 2, 2011 – Oberti Sullivan produces its first video podcast entitled Top Ten Texas Employer Mistakes (and how to avoid them) (part 1). First, Mark Oberti and Ed Sullivan warn about problems that can arise if an employer fails to train managers and supervisors on basic employment law issues. Second, they discuss mistakes employers commonly make after an employee is injured on the job. 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.
June 15, 2011 - Oberti Sullivan begins its second year poised for even greater success as Houston employment lawyers. Well over a dozen corporations -- including those with operations all over the world -- count on us for cost effective advice and litigation defense in Texas employment matters. In addition, we have become the firm of choice for those in need of a Houston executive attorney who can muster immediate legal firepower in high level employment disputes.
June 1, 2011 – Mark Oberti and Ed Sullivan invited to speak before the American Petroleum Labor Lawyers' Association on "Maintaining an ADA Compliant Workplace In Light Of The New Regulations." A paper and a PowerPoint were prepared in advance of the speech.
May 26, 2011 – Oberti Sullivan congratulates Matthew Yezierski on being licensed to practice law in the State of Texas and welcomes him as an Associate to the law firm.
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.