Trial Experience
Bruce has tried numerous cases on behalf of companies in both federal and state courts over the past 30 years. Representative cases include:
- a favorable negotiated resolution following jury selection in a pregnancy discrimination case in federal court;
- two defense jury verdicts in FMLA cases tried in federal court;
- a favorable negotiated resolution at the beginning of jury selection in an age discrimination and retaliation case in state court;
- a favorable negotiated resolution following jury selection in an employee raiding, trade secret, and tortious interference case in state court;
- a favorable negotiated resolution following an age discrimination jury trial in state court;
- a defense jury verdict in a whistleblower case in federal court; and
- a defense jury verdict in a breach of contract/non-competition/misappropriation case tried in federal court.
Arbitration Experience
In addition to jury and non-jury trial experience, Bruce has extensive experience in both employment and labor arbitrations, including multi-plaintiff arbitrations. Representative recent experience includes the favorable negotiated resolution of a disability discrimination employment case tried before an arbitrator, a defense arbitration award in an ERISA and non-subscriber occupational injury case, a defense arbitration award in a disability and age discrimination case, a defense arbitration award in a three-plaintiff age discrimination case, and a defense arbitration award in a non-subscriber occupational injury case.
Restrictive Covenants and Non-Compete Cases and Proceedings
Bruce regularly advises clients on the enforceability of restrictive covenants and non-compete agreements and has substantial experience in drafting enforceable agreements and related documents. He also litigates non-competition cases on behalf of companies, including cases that involve claims for breach of contract, misappropriation of trade secrets, and breaches of duties of loyalty. Representative experience includes obtaining a Temporary Restraining Order and Temporary Injunction in state court to prohibit employees from soliciting their former employer’s clients in violation of the former employees’ non-solicitation agreements, and obtaining a Temporary Restraining Order, Temporary Injunction, and Permanent Injunction in federal court against a former senior level banking industry executive.
FLSA and Collective Actions
Bruce provides FLSA compliance advice and representation to companies, including full wage and hour audits and review of the exempt status of single or multiple job positions. He also represents companies in single or multi-plaintiff FLSA cases, including collective actions.
Employment
Bruce advises companies on their rights and obligations under federal and state employment laws, including Title VII, the ADEA, the ADA, OSHA, the WARN Act, the FMLA, the NLRA, and their state and law equivalents. The advice and representation includes defending employers in agency proceedings before the EEOC, the Department of Labor, the NLRB, and state and local agencies. When post-agency litigation arises, He defends employers in employment litigation before state and federal courts in Texas and other states. Recent non-trial results include obtaining summary judgment on behalf of a large national airline company in a an FMLA case in federal court, obtaining summary judgment for an energy company in a race and national origin discrimination case , obtaining summary judgment for a fitness company in a high profile FMLA case , obtaining dismissal of a Title VII discrimination and retaliation case filed against a national resort company , obtaining three different summary judgments for a banking company in race, national origin, and pregnancy discrimination, and obtaining summary judgment on behalf of a large clothing retail company in a worker’s compensation retaliation case.
Appellate Opinions
Throughout his career, Bruce has served as trial and/or appellate counsel in a number of cases that have generated both published and unpublished opinions from appellate courts. Published opinions that are routinely cited and relied upon include:
- Waggoner v. City of Garland, 987 F.2d 1160 (5th Cir. 1993) (affirming summary judgment in an age discrimination case and finding that the employee’s denial of engaging in wrongful conduct was not sufficient to raise an issue of pretext);
- Long v. Eastfield College, 88 F.3d 300 (5th Cir. 1996) (affirming summary judgment on underlying discrimination claims and establishing standard for “cat’s paw” liability in the 5th Circuit – obtained complete defense jury verdict following trial on remand);
- Bolton v. Dallas County Community College District, 89 S.W. 3d 707 (Tex. 2002) (reversal of judgment and damages award in class action challenging assessment of student service fees and related fees against students attending community colleges within the District);
- Mendez v. New Bell General Services, LLC, 727 F. Supp. 2d 585 (W.D. Tex. 2010) (granting motion to compel arbitration in non-subscriber occupational injury case);
- Armendariz v. Redcats USA, L.P., 390 S.W.3d 463 (Tex. App.–El Paso 2012, no pet.) (affirming summary judgment in worker’s compensation retaliation case).
