| Eliot P. Tucker Stephen M. Vaughan Barbara J. Gardner Roy L. Barnes |
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ELIOT P. TUCKER
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ELIOT P. TUCKER is a trial lawyer with over thirty-five years experience trying cases involving employment, personal injury and general civil law. His practice includes negotiation and consultation. He practices in courts at all levels and has argued a case of first impression in the nation before the Texas Supreme Court. He has been certified as a Civil Trial Law Specialist by the Texas Board of Legal Specialization since 1980.
The focus of his practice is employment law. He represents executives and professionals going into and out of jobs, and he has extensive experience successfully combating covenants not to compete and recovering money for individuals who have compensation disputes. Mr. Tucker also represents women who have been sexually harassed, and people who have actually been discriminated against on the basis of their age, sex, race, national origin, color, or religion. Additionally, his practice includes representation of individuals in slander and libel cases, Sabine Pilot cases and other employment torts.
He is described by his peers as "in a class of his own" and "in court, he's a born winner," as reported in Chambers & Partners USA, America's Leading Business Lawyers, 2003-2004. He frequently lectures on employment law to other lawyers in continuing education seminars, was an Adjunct Professor of Civil Trial Advocacy at the University of Houston School of Law from 1988 to 1996, and was the 1996-1997 Chair of the Labor and Employment Law Section of the Houston Bar Association.
EDUCATION:
B.A. in Plan II Liberal Arts Honors Program, University of Texas, Austin,
Texas, 1967
J.D., University of Texas, Austin, Texas, 1970
ADMISSIONS:
Admitted to practice in the United States Supreme Court, the Fifth Circuit
Court of Appeals, the Southern and Eastern Districts of Texas and all
courts of the State of Texas.
ORGANIZATIONS:
American Bar Association
American Trial Lawyers Association
Texas State Bar
Texas Bar Foundation - Fellow
The College of the State Bar of Texas
Houston Bar Association
Houston Bar Foundation - Life Fellow
Member, Texas State Bar Labor & Employment Law Section.
National Employment Lawyers Association
Texas Employment Lawyers Association
LAW RELATED PAPERS AND PRESENTATIONS:
Author/Speaker: "Sweet Dreams of a Plaintiff's' Employment Trial Lawyer," delivered at The Texas Labor Letter Seminar: Managing a Work Force in 1994 Seminar - May 5, 1994
Author/Speaker: "The New Federal Rules of Civil Procedure: Their Effect on Employment Law Litigation," Second Annual Conference on Labor & Employment Law, University of Texas - May 1995
Author/Speaker: "The Top 10 Complaints of Angry Ex-Employees, By a Plaintiff's Attorney," delivered at the Council on Education in Management - Personnel Law Update at Houston, Texas - December 14, 1995
Author/Speaker: "Damages in Employment Litigation," The University of Texas School of Law Third Annual Conference on Labor and Employment Law - May 1996
Speaker/Panelist: "Impact of Conflicting Employment Laws," delivered at Texas Legislative & Employment Law Conference Sponsored by The Society for Human Resource Management State Council - July 18, 1996
Author/Speaker: "The Dream Employment Case - A Plaintiff Lawyer's Perspective," delivered at Institute of Business Law Seminar - Employment Regulations in Texas - Houston - January 21-22, 1997
Author/Speaker: "Deciding to Accept a Plaintiff's Case," delivered at South Texas College of Law Seminar: Employment Law - Everything You Ever Wanted to Know But Were Afraid to Ask - Houston, April 24-25, 1997
Author/Speaker: "Jury Charge in State and Federal Employment Cases," delivered at The University of Texas School of Law Fourth Annual Conference on Labor and Employment Law - May 1997
Author/Speaker: "How to Help the Plaintiff and Yourself Before You File Suit," delivered at The University of Texas School of Law Fifth Annual Conference on Labor and Employment Law - May 1998
Author/Speaker: "No-Evidence Summary Judgments in Texas," delivered at the 9th Annual State Bar of Texas Advanced Employment Law Course - February 2001
Speaker/Panelist: "Mediation of an Employment Dispute, from the Plaintiff's Perspective," delivered at the South Texas College of Law Mediation for Litigators - October 4, 2002
Author/Speaker: "Covenants Not to Compete in Texas," Texas Employment Lawyers Association CLE Seminar, October 9, 2003
Moderator: Panel on Rule 167 and its Impact on Employment Law Cases, held at the HBA, Labor & Employment and Litigation Joint Section Meeting, January 12, 2004
Author/Speaker: "How to Prepare During the Sixty Days Before Jury Selection," delivered at the National Employment Lawyers Association (NELA) 2004 Annual Convention, June 23, 2004
Author/Speaker: "Maximizing the Presentation of Plaintiff's Economic Expert," Texas Employment Lawyers Association CLE Seminar, October 24, 2004
Author/Speaker: “Covenants Not to Compete in Texas,” State Bar of Texas Annual Meeting, Labor and Employment Law Section, June 23, 2005
Author/Speaker: “Covenants Not to Compete in a Post-Sheshunoff World,” State Bar of Texas, 15th Annual Advanced Employment Law Course, Dallas, Texas, February 1-2, 2007
Author/Speaker: “Litigation Up to Trial,” Texas Institute of Continuing Legal Education, Cutting-Edge Employment Law Strategies: From Policies to Litigation, Houston, Texas, October 4-5, 2007
STEPHEN M. VAUGHAN
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E-mail: svaughan@tuckervaughan.com
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STEPHEN
M. VAUGHAN has been a trial lawyer since 1974. He has dedicated his career
to representing the wronged against the wrongdoer. He has tried countless
cases to a successful conclusion. His clients range from injured maritime
workers to automobile accident victims to wrongfully discharged executives.
He is a frequent lecturer on these matters, and has taught trial advocacy
at the University of Houston. He has authored and co-authored a number
of books and articles on longshore, maritime, and other litigation matters.
He graduated with honors from Yale University, and from The University of Texas School of Law. He has served as president of the Texas Consumers Association, Vice President of the Houston Trial Lawyers Association and on the Board of Directors of the Texas Trial Lawyers Association.
Mr. Vaughan joined Mandell & Wright, P.C. in 1974 and
served as the Managing Shareholder from 1994 to 2004. In July 2004, he
founded and joined Tucker, Vaughan, Gardner & Barnes, P.C. as Managing
Shareholder.
EDUCATION:
B.A. with honors, Yale University, 1969
J.D., University of Texas, Austin, Texas, 1973
ADMISSIONS:
Admitted to practice in the United States Supreme Court, the Fifth Circuit
Court of Appeals, the Southern and Eastern Districts of Texas and all
courts of the State of Texas.
PROFESSIONAL ACTIVITIES:
Founded and joined Tucker, Vaughan, Gardner & Barnes, P.C., July 2004,
as Managing Shareholder
Mandell & Wright, P.C., 1974-2004; Managing Shareholder, 1994-2004
Member of the Board of Directors, Houston Trial Lawyers Association; Past
Vice President
Past Member of the Board of Directors, Texas Trial Lawyers Association
Member: Houston Trial Lawyers Association; Texas Trial Lawyers Association;
American Trial Lawyers Association; Maritime Claimants Association
SELECT LAW RELATED PUBLICATIONS, ACADEMIC APPOINTMENTS
AND HONORS:
Adjunct Professor, Trial Advocacy, University
of Houston, 1987-1996
Frequent Author/Lecturer for the Office of Administrative Law Judges, for the United States Department of Labor, for the Industrial Claims Association, and for other groups and organizations in the area of longshore, maritime, and related litigation
Author: "Defining Injury Under the Longshore Act," Association of Trial Lawyers of America Annual Convention Coursebook, 2003
Author, "Fees for Services," The Longshore Textbook, 4th ed., Lawyers & Judges Publishing Company, Inc., 1999
Author, "Third Party Settlements After Cowart," Association of Trial Lawyers of America Annual Convention Coursebook, 1997
Author, "Concurrent Federal Jurisdiction," Texas Workers Compensation Law, Chapter 66, Matthew Bender & Co., Inc., 1990
Author, "Serial Injuries Under the Longshore Act," ICA Coursework, Fall, 1987
Author, A Layman's Guide to Consumer Law, Houston Bar Association
Co-Author (with Steven Roberts), "Attorney's Fees under the Longshore & Harbor Workers' Compensation Act," published in Longshore Newsletter
Co-Author, Texas Litigation Primer, The Trial Advocacy Institute, University of Houston Law Center, 1996
Co-Author, "Remedies - State Tort Law and The Outer Continental Shelf Lands Act," delivered at 1987 University of Houston Law Foundation CLE Seminar, Evaluating Damages and Remedies in Maritime Personal Injury and Death Cases
Co-Author, "Retaliatory Discharge and Workers' Compensation," Association of Trial Lawyers of America Annual Convention Reference Materials, Vol. II, 1984
Sustaining Life Fellow, Houston Bar Foundation
CIVIC ACTIVITIES:
Past President, Texas Consumer Association
BARBARA J. GARDNER
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E-mail: bjgardner@tuckervaughan.com
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CAREER
OVERVIEW:
BARBARA J. GARDNER graduated first in her class from South Texas College of Law in 1981, and she has built a career as a leading employment law attorney. Ms. Gardner was a partner of Mandell & Wright in the 1980's and 1990's before moving to Kansas City where she was a member of the Popham Law Firm, a nationally known employment law firm. Ms. Gardner also taught trial advocacy to third-year law students at the University of Houston Law School 1991- 1994 before moving to Kansas City. Ms. Gardner rejoined Mandell & Wright in January 2004, and in July 2004 she was one of the founding principals of TUCKER, VAUGHAN, GARDNER & BARNES. In 2007, Ms. Gardner was selected for inclusion in The Best Lawyers in America (Employment Law for Individuals) and was selected as one of the top attorneys by “Texas Super Lawyers.”
AREAS OF EXPERTISE:
Ms. Gardner is primarily a trial lawyer, having tried numerous cases to
juries as well as judges in state and federal courts with outstanding
success. When it comes to attention to detail, work ethic and a passion
for diligently representing clients, Ms. Gardner has no equal. She represents
both employees and employers in employment matters, and she also represents
injured victims in personal injury claims. Ms. Gardner's work in employment
disputes includes all types of discrimination, sexual harassment, fraud
and misrepresentation, breach of contract, covenants not to compete, federal
and state statutory claims, and other similar employment claims. She also
represents corporations in commercial disputes. Ms. Gardner's unique experience
of litigating cases from both sides of the courtroom gives her a broad
perspective of problems and solutions.
Further, Ms. Gardner negotiates and drafts employment contracts,
severance agreements, and incentive compensation arrangements for executives.
Ms. Gardner is also an accomplished appellate lawyer and mediator. Additionally,
Ms. Gardner provides consulting on employment issues for individuals and
companies, in-house training, and speaking engagements for professional
organizations. She is a frequent speaker for the Texas Bar Association's
continuing legal education program.
PROFESSIONAL MEMBERSHIP:
Ms. Gardner's memberships include the Texas State Bar Association, Houston
Bar Association, National Employment Lawyers Association, Texas Employment
Lawyers Association, American Trial Lawyers Association, Houston Association
of Women Attorneys, Society for Human Resource Management, Women's Chamber
of Commerce, and other such professional groups. Ms. Gardner was selected
as a Fellow of the Texas Bar Foundation and is a member of the College
of the State Bar of Texas. She is licensed to practice before all Texas
state courts and is a member of the bar of the United States Courts for
the Southern and Eastern Districts of Texas and the Fifth Circuit Court
of Appeals.
EDUCATION:
Ms. Gardner received her B.A. in music, with highest
honors, from the University of Houston in 1974 and an additional B.A.
in psychology, again with highest honors, from the University of Colorado
in 1975. Before going to law school, Ms. Gardner sang on stage in Houston,
Denver, and New Orleans. After law school, Ms. Gardner did post-graduate
work as a judicial law clerk for the Honorable Carl O. Bue, Jr., United
States District Court in the Southern District of Texas.
SPEECHES AND PUBLICATIONS:
Speech: “Recent Developments in Discrimination Law: Age, Gender, Race, Etc., and Newer Issues From Body Art to Lifestyles,” University of Houston Law Foundation, December 2007;
Paper: “Opening Statement - Getting the Jury’s Attention,” Cutting-Edge Employment Law Strategies, October 4-5, 2007
Speech: “Race, Sex, and Religious Discrimination,” Employment & Labor Law, University of Houston Law Foundation, April 28, 2006;
Speech: "Five Keys to Employment Contracts," South Texas College of Law Annual Employment Law Seminar, July 2005;
Speech: "Race, Sex & Religious Discrimination: Developments in the Law," University of Houston Law Foundation, March 2005;
Panel Discussion: "The Biggest Mistakes made by Texas Employers from the Plaintiff's Perspective," 4th Annual Employment Law Symposium, Houston Chapter of the Texas Association of Business, November 18, 2004;
Speech: "Practical Aspects of the Whistle-blower's Action under Sarbanes Oxley," Houston Chapter of the Institute of Internal Auditors, November 8, 2004;
Speech: "Truth or Consequences: How to Handle Discrimination Claims," Willowbrook Rotary Club, September 17, 2004;
Speech: "Avoiding Problems in the Workplace," Midtown Business Network, June 17, 2004;
Speech: "Independent Contractor or Employee?" National Association of Remodelers, May 27, 2004;
Speech: "Whistle-blower's Action under Sarbanes Oxley," Association for Women in Computing, May 19, 2004;
Speech: "Race & Sex Discrimination: Developments in the Law," University of Houston Law Foundation, April 2004;
Speech: "You've Come a Long Way, Baby -- History of Laws on Sex Discrimination," American Business Women's Association, League City Chapter, April 13, 2004;
Speech: "When Mediation Fails - A Lawyer's Perspective," Texas Community College Association Annual Convention, February 21, 2004;
Speech: "What is Discrimination Really?" American Business Women's Association, Houston Chapter, February 19, 2004;
Speech: "Hiring and Firing the Right Way," Willowbrook Rotary Club, February 5, 2004;
Speech: "Employment Law Made Easy," National Association of Remodelers, January 29, 2004;
Speech: "What Professional Women Need to Know About Employment Law," Women's Chamber of Commerce of Texas, September 2003;
Speech: "Race & Sex Discrimination: Developments in the Law," University of Houston Law Foundation, March & April 2003;
Speech: "Arbitration: The Trend Away From the Courthouse," Council on Education in Management, February 2003;
Speech: "Arbitration: Why Do We Need a Court System?" University of Houston Law Foundation, September 2002;
Speech: "Screening Employment Cases," Fort Bend Bar Association Meeting, October 1999;
Speech: "Analysis of Dismissal Order in Jones v. United States & William Clinton," Practice & Procedure Committee Meeting, Missouri Bar Ass'n, May 1998;
Speech: "ADA Mixed-Motive Analysis: Plaintiff's Perspective," Council on Education in Management, October 27, 1997;
Speech: "Sexual Harassment Cases: Interviewing the Judiciary," Kansas City Association of Women Attorneys Annual Seminar, March 4, 1997;
Speech: "Wrongful Discharge: Employment Agreements and Covenants" University of Houston Law Foundation, July 24 & August 4, 1994;
Speech: "Settlement Strategies & Techniques," Advanced Employment Law Course, State Bar of Texas, December 3, 1993;
Speech: "Love American Style or Sexual Harassment"? Labor & Employment Law Seminar, South Texas College of Law, November 1993;
Speech: "Warranties Under the DTPA," Consumer & Insurance Law Institute, University of Houston Law Foundation, July 1993;
Speech: "Sexual Harassment," Houston Trial Lawyers' Association, March 1993;
Speech: "Sexual Harassment - The Plaintiff's Perspective," Houston Bar Association December 1992;
Speech: "Settlement Strategies & Techniques," Advanced Employment Law Course, State Bar of Texas, November 1992;
"Toxic Torts and Strict Liability," Houston Bar Journal, July-August 1992;
"The Amorphous Jones Act Seaman," Houston Bar Journal, January 1988;
"Seller's Damages Under the UCC: Refinement by Nobs Chemical," 21 South Texas Law Journal 249, 1980;
"Article 5236f: An Interpretation of the New Texas
Landlord and Tenant Act," 20 South Texas Law Journal 343, 1979.
ROY L. BARNES
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E-mail: rbarnes@tuckervaughan.com
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From 1978 to 1990, Mr. Barnes worked in the oil and gas industry for various exploration and production companies as an industry accountant. He received his law license in 1989 and began practicing law in 1990. Since then, his practice has been primarily in the areas of commercial litigation and appeals with particular emphasis on oil and gas matters. Mr. Barnes has represented producers, royalty owners, overriding royalty owners, and end users. He has litigated matters involving oil and gas leases, pooling clauses, gas purchase agreements, operating agreements, drilling contracts, preferential rights to purchase, title issues, and areas of mutual interest to name a few.
A lesser, but still substantial, portion of his practice has involved representation in connection with the preparation and review of oil and gas transaction documents, primarily for producers, but also for royalty owners. Mr. Barnes has represented clients in connection with both the acquisition and the divestiture of oil and gas properties. He has also represented and advised clients in connection with negotiating and drafting of drilling contracts, oil and gas leases, gas purchase contracts, and property purchase and sale agreements to name a few.
In addition to the transactional and appellate practice areas, Mr. Barnes also has experience in negotiating employment agreements and various business contracts. As a result, Mr. Barnes has earned an outstanding reputation, combining his oil and gas work and corporate and commercial law skills.
Mr. Barnes currently holds an "AV" rating with
Martindale-Hubbell, which is its highest rating, and is based on evaluation
by his peers in the legal profession. Mr. Barnes is also listed in the
Bar Register of Preeminent Lawyers.
PROFESSIONAL EXPERIENCE:
2004 to present Tucker, Vaughan, Gardner & Barnes,
P.C. Commercial litigation and appeals emphasizing oil and gas and employment
law matters
2001 to 2004 Roy L. Barnes, Attorney at Law. Commercial litigation and appeals emphasizing oil and gas and employment law matters
1990 to 2000 Pannill, Moser & Barnes. Complex commercial
litigation, arbitration and appeals
EDUCATION:
B.S., University of Houston, Clear Lake, 1978
J.D., with honors, University of Houston, 1989
ADMISSIONS:
Licensed to practice law in the State of Texas, U.S. Court of Appeals,
Fifth and Tenth Circuits, U.S. District Court, Southern District of Texas;
U.S. Court of Federal Claims
PUBLISHED CASES:
Southeastern Pipe Line Co. v. Tichacek, 997 S.W.2d 166
(Tex. 1999).
Trammel Crow Co. v. Harkinson, 944 S.W.2d 631 (Tex. 1997).
City of Houston v. Fletcher, 166 S.W.3d 479 (Tex. App.-Eastland 2005).
Tesoro Petroleum Corp. v. Nabors Drilling U.S.A., Inc., 106 S.W.3d 118 (Tex. App. - Houston [1st Dist.] 2002).
North Central Oil Corp. v. Louisiana Land & Exploration Co., 22 S.W.3d 572 (Tex. App. - Houston [1st Dist.] 2000).
Moncrief v. ANR Pipeline Co., 95 S.W.3d 544 (Tex. App. - Houston [1st Dist.] 2002).
Moncrief v. Williston Basin Interstate Pipeline Co., 174 F.3d 1150 (10th Cir. 1999).
Southeastern Pipe Line Co. v. Tichacek, 977 S.W.2d 393 (Tex. App. - Corpus Christi 1998).
Harkinson v. Trammel Crow Co., 915 S.W.2d 28 (Tex. App. - Dallas 1995).
Nicor Explor. Co. v. Florida Gas Trans. Co., 911 S.W.2d 479 (Tex. App. - Corpus Christi 1995).
Quanto Int'l Co. v. Lloyd, 897 S.W.2d 482 (Tex. App. - Houston [1st Dist.] 1995).
Thorpe v. Volkert, 882 S.W.2d 592 (Tex. App. -
Houston [1st Dist.] 1994
PROFESSIONAL ACTIVITIES:
Houston Bar Association
State Bar of Texas
American Institute of Certified Public Accountants
Associate Editor, Houston Law Review, 1986-1987
SPEECHES:
Author/Speaker: “Covenants Not to Compete in a Post-Sheshunoff World,” State Bar of Texas, 15th Annual Advanced Employment Law Course, Dallas, Texas, February 1-2, 2007
PUBLISHED PAPERS:
Employment Covenants Not to Compete in Texas, presented June 2005 State Bar of Texas Annual Meeting Labor and Employment Law Section
Covenants Not To Compete in Texas, presented October 2003 National Employment Lawyers Association (Houston Chapter)
"No Evidence" Summary Judgments in Texas, presented February 2001 State Bar of Texas, 9th Annual Advanced Employment Law Course
Deducting Post-Production Costs from Royalties,
presented May 2000 Petroleum Accountants Society of Houston Eleventh
Annual Education Day
