WHAT A DEFENSE EMPLOYMENT LAWYER REALLY DOES a special presentation for
Kerry Notestine Littler Mendelson Houston Kevin Wright Littler Mendelson Washington, D.C. Rob Duston Schmeltzer, Aptaker & Shepard Washington, D.C.
Interviewing Experience Interesting Questions UVa Law Grads from mid- 80 s Did perspective change? Counseling/Litigation Benefits Work Who has Real Impact on Clients?
Timesheet of Kerry E. Notestine May 3, 2004
Time Entry No. 1 Client Matter Operator Hours CHEMICAL COMPANY Retired Employee Notestine, Kerry 0.50 B Houston Telephone call with HR VP re: dispute with employee and DOL investigation; review of file and DOL request for information.
FMLA Issue Employee Requests Emergency Vacation and FMLA Leave on Date of Announced Retirement Care for Mother Who Had been Ill for 5 Years Several Retirement Parties, Returned Equipment Company Policy to Pay Earned Vacation in Lieu of Extended Vacation
What is this All About? What Does FMLA require Relating to Benefits While Employee is on Leave?
It Really is All About Paid Benefits During Leave Precedent with Other Employees Settled for Cost of Benefits
Time Entry No. 2 Client CHEMICAL COMPANY, INC. * Matter Operator Hours 2004 NEGOTIATIONS Notestine, Kerry 0.50 B Houston Telephone call with HR VP re: Union notice of right to strike; developing strategy re: response to same.
Union Bargaining Issue Company Bankrupt Twice First Negotiations After Emergence from Bankruptcy Company Negotiators Issues Related to Contracting Out certain Craft Work What is Impasse in Negotiations on this Subject
Time Entry No. 3 Client Matter Operator Hours MUTUAL FUND GROUP GENERAL EMPLOYMENT Notestine, Kerry 2.75 B Houston Review of [employee] employment agreement; sending general counsel email on same; telephone call with [HR Representatives] re: same; faxing her copy of employee s employment agreement; review of second fax with complete copy of employee agreement.
Review of Employment Agreement Mutual Fund Crisis Review of employment Agreement Determination of Cause to Terminate Other Possible Claims
Time Entry No. 4 Client Matter Operator Hours NATURAL GAS UTILITY ARBITRATION Notestine, Kerry 0.60 B Houston Review and exchange of emails on settlement; telephone calls with opposing counsel and arbitrator re: same.
Arbitration Elevated Standard for Cause in Employment Agreement Arbitration Decision Found Performance Reasons Advised Client of Potential Result Half of Last Offer
Time Entry No. 5 Client Matter Operator Hours SOFTWARE COMPANY GENERAL Notestine, Kerry 0.50 B Houston Review of response to settlement offer relating to severance dispute and discrimination claim; forwarding same to client; several emails from client and opposing counsel re: terms of settlement.
Negotiating Settlement of Pre- Litigation Dispute Severance Issues Practical Issues with Company Position Resolved Dispute
Time Entry No. 6 Client Matter Operator Hours ENVIRONMENTAL CONSULTING FIRM COMPETITOR Notestine, Kerry 0.75 B Houston Telephone call with co-counsel re: status and discovery process and results; developing strategy re: discovery and preliminary injunctions.
Trade Secrets Dispute Employees Left Copied Hard Drive and Gave to New Employer Deleted Company Documents Duty of Loyalty Misappropriation of Trade Secrets
Time Entry No. 7 Client Matter Operator Hours NATURAL GAS UTILITY FORMER CEO OF SUBSIDIARY Notestine, Kerry 0.70 B Houston Review of expert disclosure; sending same to client; review of rules regarding response.
Federal Court Litigation Compensation Dispute Fired for Expense Account Abuse Summary Judgment Pending
Time Entry No. 8 Client Matter Operator Hours RETAIL COMPANIES FLSA CLASS ACTION Notestine, Kerry 0.25 B Houston Developing strategy re: contact with potential class members.
FLSA Representative Action Classification of Assistant Managers Opt-In Class Explosion of this Litigation
Time Entry No. 9 Client Matter Operator Hours PLANNED COMMUNITY OPERATING COMPANY GENERAL EMPLOYMENT Notestine, Kerry 0.60 B Houston Revising letter to opposing counsel re: request for severance; sending email to general counsel with proposed letter.
Age Discrimination/Severance Claim Terminated Golf Pro Mismanaged Inventory Claimed Age Disc. Denied Severance Never Filed Claim IRS Issues
Time Entry No. 10 Client Matter Operator Hours SOFTWARE COMPANY LAID OFF EMPLOYEE Notestine, Kerry 0.25 B Houston Developing strategy re: late discovery request; review of various letters re: same.
Age Disc. Based on RIF Decision Company Wide RIF Age Claim Husband Also Filed Suit Jury Concerns
Time Entry No. 11 Client Matter Operator Hours INSPECTIONS COMPANY FORMER EMPLOYEE (TERMINATED AFTER LEAVE) Notestine, Kerry 0.10 B Houston Review of trial docket schedule; developing strategy with co-counsel re: same.
Pregnancy Discrimination Claim Terminated While on Leave Dangerous District Summary Judgment Granted
Time Entry No. 12 Client Matter Operator Hours FOOD SERVICE COMPANY Terminated Chef Notestine, Kerry 0.20 B Houston Review of procedure for ordering transcript on appeal; developing strategy with co-counsel re: same.
Reverse Race Disc./Retaliation Trial Plaintiff Jurisdiction Theft Issue Plaintiff s Verdict Case on Appeal Desert Palace Issue
Time Entry No. 13 Client Matter Operator Hours OILFIELD EQUIPMENT MANUFACTURER GENERAL EMPLOYMENT Notestine, Kerry 0.50 B Houston Review of status of dispute re: Plant Manager in Spain with Spanish firm; email and voice mails to client re: same.
Dispute with Plant Manager in Spain Coordinated Defense Through Spanish Speaking Littler Lawyer Spanish Law Firm Represented Company Settlement Dispute with Law Firm
Time Entry No. 14 Client Matter Operator Hours STAFFING FIRM GENERAL EMPLOYMENT Notestine, Kerry 0.50 B Houston Drafting letter to COO re: outstanding background check, drug testing, and benefits issues.
Staffing Firm With Multi-State Operations Review of State Restrictions Advice Letter on Limitations Use of Firm Experts
Daily Summary Billable: Non-Billable: Billable: 14 Entries Hours:8.70 0 Entries Hours:0.00 14 Entries Hours:8.70
THANK YOU Kerry Notestine Littler Mendelson Kevin Wright Littler Mendelson Rob Duston Schmeltzer, Aptaker & Shepard