Darren Gibson

  • Shareholder
  • Co-Chair, Higher Education Industry Group
  • Austin
dgibson@littler.com
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Darren Gibson is a zealous advocate and trusted advisor to private businesses and public sector employers. Darren vigorously defends his clients in restrictive covenant and trade secret litigation, discrimination and retaliation claims, and class and collective actions, among others. Darren loves the courtroom, is not afraid to take cases to trial, and regularly handles temporary injunction hearings and appeals. In addition, he conducts workplace investigations across the country, with deep experience investigating allegations against senior executives and leaders.

Darren has a particular focus representing higher education, healthcare, and financial institutions, and he serves as co-chair of Littler’s Higher Education Industry Group. Darren’s higher education experience includes representing universities and related individuals in employment and Title IX litigation and conducting investigations into sexual harassment and sexual misconduct under Title IX.

Darren is board certified in labor and employment law by the Texas Board of Legal Specialization. Prior to his return to private practice, Darren worked at the Attorney General of Texas, where he defended state agencies and universities in employment litigation and class actions. Before coming to Texas, Darren was a senior associate in New York City, where his practice focused on securities litigation, internal investigations, and business disputes in the accounting and financial services industries.

Selected Matters

  • First chair federal jury trial victory on behalf of higher education institution defending against discrimination and retaliation claims related to termination of police officer
  • Obtained arbitration award in favor of hospital and individual defendant in case brought by pharmacist under Texas healthcare whistleblower law
  • Secured dismissal of individual defendant and award of sanctions against plaintiff’s counsel in defamation suit pursuant to the Texas anti-SLAPP statute
  • Successfully defended large online retailer in wage and hour collective action brought by delivery drivers of delivery contractor, including resolution of claims in contractor’s Chapter 11 bankruptcy
  • Obtained dismissal at the pleading stage of disability discrimination and section 1983 claims by dental student against dental school and dean, with the Fifth Circuit affirming on appeal

Credentials & Recognition

Speaking Engagements

Protecting the Attorney-Client Privilege for In-House Counsel

  • October 7, 2024
  • Association of Corporate Counsel National Conference, Nashville, TN

A New Era of Employment Risk: Student Athletes as Employees and Adverse Actions Under Muldrow

  • September 27, 2024
  • The University of Texas System Legal Conference

The Expanded Scope of Actionable Adverse Employment Actions Under Title VII

  • September 10, 2024
  • Austin Bar Association, Labor and Employment Law Section, Austin, TX

Higher Education Legal Update

  • May 30, 2024
  • Texas Council of Chief Student Affairs Officers Summer Retreat

Conducting Lawful Investigations in the New Workplace

  • May 8, 2024
  • Littler Executive Employer Conference, Phoenix, AZ

Littler Austin’s 2023 Holiday Season Lunch and Learn

  • December 15, 2023
  • Austin, TX

Multistate Remote Work: Managing Risk in the New Reality

  • September 21, 2023
  • University of Texas System 2023 Legal Conference Agenda, Austin, TX

Conducting Lawful Investigations in the Evolving Workplace

  • May 10, 2023
  • Littler Executive Employer Conference, Phoenix, AZ

Unintended Consequences: Managing Legal Risks Related to Faculty DE&I Programs

  • March 24, 2023
  • NACUA Employment CLE Conference, San Diego, CA

Conducting Lawful Investigations in the Evolving Workplace

  • May 4, 2022
  • Littler Executive Employer Conference

Out of State Employment: The Wandering Employee

  • April 11, 2022
  • The University of Texas System Risk Management Conference

Best Practices for Compliance with Vaccine Mandates

  • January 13, 2022
  • Greater Houston Industry Liaison Group, Houston, TX

When Employees are Bad Actors: Risks and New Solutions

  • November 6, 2021
  • The University of Texas System Legal Conference

Resilience & Renewal in the Workplace: A Roadmap for Your Tomorrow

  • May 12, 2021
  • The 2021 Executive Employer Conference

The Revolving Door of Returning to Work in Texas

  • August 13, 2020
  • Texas Virtual Employer

Employment Law Update

  • June 25, 2019
  • NACUA National Conference, Denver, CO

A New Era in Title IX Compliance: Process, Fairness and New Regulations Take Center Stage

  • April 3, 2019
  • NACUA Employment Law CLE Conference, Seattle, WA

Texas Anti-SLAPP in Employment Cases: Plaintiffs’ Phantom Menace

  • January 17, 2019
  • Texas Bar Association, Advanced Employment Law CLE, Dallas, TX

From Cross Examination to Safe Harbors: A New Day In Title IX Compliance Is At Your Doorstep

  • October 30, 2018
  • Magna Online Seminar

Hospitality in the #MeToo Era: Shifting From Risk To Opportunity For A Better Work Environment

  • June 4, 2018
  • Texas Hotel & Lodging Association Annual Board Meeting, Austin, TX

Step into the Littler Lab: Conducting Lawful Investigations in the Wake of #MeToo

  • May 4, 2018
  • Littler Executive Employer, Phoenix, AZ

Texas anti-SLAPP in Employment Cases: Defendants’ Superpower

  • March 18, 2018
  • Austin Bar Association, Employment Law Section, Austin, TX

A New Era in Title IX Enforcement: Understanding the Latest Changes

  • February 15, 2018
  • Magna Online Seminar

Texas anti-SLAPP in Employment Cases: Defendants’ Superpower

  • January 18, 2018
  • Texas Bar Association, Advanced Employment Law CLE, Dallas, TX

Title IX Case Update

  • November 2, 2017
  • University of Texas System Title IX Conference, Austin, TX

Conducting Efficient, Effective, and Lawful Workplace Investigations

  • November 1, 2017
  • South Texas SHRM Conference, Victoria, TX

Underneath the Microscope: Sex Discrimination and Gender on Campus

  • October 6, 2017
  • TASA/TASB State Convention, Dallas, TX

You’re Not Doing Anyone Any Favors: Bias, Credibility and Other Investigation Challenges and Pitfalls

  • September 29, 2017
  • University of Texas System, Office of General Counsel Legal Conference, Austin, TX

Conducting Efficient, Effective, and Lawful Workplace Investigations

  • August 10, 2017
  • Hill Country HR Management Association, New Braunfels, TX

Conducting Efficient, Effective, and Lawful Workplace Investigations

  • May 12, 2017
  • The 2017 Executive Employer® Conference, Phoenix, AZ

You’re Not Doing Anyone Any Favors: Bias, Credibility and Other Investigation Challenges and Pitfalls

  • March 30, 2017
  • NACUA Employment Law CLE Conference, Seattle, WA

LGBT Protections Under Title IX

  • September 14, 2015
  • University of Texas, Office of General Counsel Legal Conference, Austin, TX

Let us know how we can help you navigate your particular workplace legal issues.