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Counsel
Labor & Employment
Dallas
(214) 979-3005 Phone
(214) 880-0011 Fax
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| Practices |
Defamation
Health Care
Internal
Investigations
Labor & Employment
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Advises, represents and defends management and corporate clients on all labor and employment issues, including labor strategies, organization drives, negotiations, and disputes; health care reform; employee relations; employment contracts; policies; discrimination; wage and hour; immigration; disability; whistleblower; medical leave; trade secret; employment noncompetition, and I-9 compliance. Represents management and corporate clients in labor and employment litigation (NLRB, arbitrations, discrimination, harassment, wage and hour, safety related and whistleblower) and government investigations. Designs and implements compliance and preventive programs on health care reform, avoiding discrimination, whistleblower, DOT, and other employment litigation, wage and hour compliance, building employee morale, and protecting trade secrets. Enforces noncompetition agreements and trade secret nondisclosure duties.
Relevant Experience 
- Work closely with client management and HR personnel concerning employee relations strategies, implementing policies and change, and addressing employee issues.
- Work closely with client management on labor strategies, negotiations, in-contract issues, employee discipline, grievances and labor disputes. Represent management before the NLRB and in labor arbitrations.
- Advise clients on health care reform strategies and compliance.
- Represent medical groups and doctors related to contractual, noncompetition, employee, litigation, and compliance issues.
- Present management and supervisor training on labor and employment matters.
- Draft and enforce employment and noncompete agreements.
- Assist clients in protecting their confidential information through drafting employment agreements and confidential information policies, programs, and theft response protocols, directing computer forensics investigations, and pursuing injunctive relief and damages in court.
- Advise clients on wage and hour issues, represent them before the Department of Labor and defend in litigation, including class actions.
- Develop and advise clients regarding Corporate Compliance and Code of Conduct Programs. Assist and advise clients in responding to employee complaints and defending against whistleblower claims.
- Develop and advise clients on Alternative Dispute Resolution programs and defend clients in arbitration of employee disputes.
- Advise clients and draft agreements related to alternative staffing arrangements.
- Represent clients on union issues, including serving as lead counsel in numerous arbitration cases.
- Address various employment issues related to nuclear generation facilities, including advising on employment and labor issues, NRC matters and worker concerns; training supervisors on NRC requirements; and defending against worker claims.
- Represent clients in federal and state administrative law contested cases and rulemakings.
- Engage in legislative activities on behalf of clients at the state and federal level, including meeting with state legislators and their staff, testifying at committee hearings, drafting legislative language and performing bill analysis regarding proposed employment, homeland security, antitrust and electricity deregulation legislation.
- Extensive experience in the energy, medical, and debt settlement industries.
- Labor Arbitration in Dallas, Texas (Arbitrator upheld a discharge) - February 2007.
- Title VII case tried in Federal District Court in Denver, Colorado, jury verdict of no liability for client - August 2008.
- Trial on breach of fiduciary duty by former manager and tortious interference by a competitor, tried in Federal District Court, San Antonio, Texas, six figure judgment in favor of client - April 2008.
Membership
- Member, State Bar of Texas
- Member, American, Texas and Dallas Bar Associations
- Admitted to practice: Fifth Circuit, U.S. District Courts in Texas (Northern District, Western District and Eastern District)
Education - J.D., Baylor Law School, 1986
- Baylor University, 1983
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W. Cockerham
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