Kerry E. Notestine
Shareholder | Co-Chair, Business Restructuring Practice Group
Professional & Community Affiliations
Member
Labor and Employment / Litigation / Tort and Insurance Practice Sections
American Bar Association
Member, Former Chair and Vice-Chair
Employer/Employee Relations Committee
American Bar Association
1993-1999
Member
Labor and Employment / Litigation Sections
State Bar of Texas
Member
Labor and Employment Law / History Committees
Houston Bar Association
Former Chair
History Committee
Houston Bar Association
1988
Former Council Member
Labor and Employment Committee
Houston Bar Association
2003-2005
Former Member
Drug and Alcohol Abuse Committee
Texas Young Lawyers
1984-1985
Former Chair
Houston Management Labor Forum
1989
Member, Board of Directors
Lifehouse, Inc.
1989-1992
Member, Board of Directors
Youth-Reach Houston, Inc.
1986-1988
Member, Board of Directors
Encorps, Inc.
1984-1985
Ruling Elder
City of Refuge Church
1996-1998
Ruling Elder
Christ Evangelical Presbyterian Church
1991-1992
Deacon
First Presbyterian Church
1988-1991
Chair
Wednesday Night School of Christian Living
First Presbyterian Church
1985-1991
Participant
Houston Senior Baseball League - World Series
1993
Deacon
Crosspoint Church, Bellaire
2017-present
Recognition
Fellow
College of Labor and Employment Lawyers
Inducted 2017
Fellow
Texas Bar Foundation
2013-present
Fellow
Houston Bar Foundation
Inducted 2022
Named, The Best Lawyers in America®
2008-2025
Named, Stand-out Lawyer
Thomson Reuters
2024
Named, Lawyer of the Year
Management - Labor Law, Houston
The Best Lawyers in America©
2019
Named, Lawyer of the Year
Litigation - Labor & Employment, Houston
The Best Lawyers in America©
2013
Named, Super Lawyer
Texas
Super Lawyers
2003-2005, 2008-2018
Awarded, AV® Peer Review Rating
Martindale-Hubbell
Named, Client Service All-Star
BTI Consulting Group
2024
News, Analysis & Press
Maryland WARN Act does not provide a private right of action to terminated workers
Wolters Kluwer
October 18, 2024
Maryland WARN Act does not Provide a Private Right of Action to Workers Terminated in Violation of the Law
Wolters Kluwer
October 4, 2024
Maryland WARN Act Does Not Provide a Private Right of Action to Terminated Workers
SHRM
September 30, 2024
Maryland WARN Act Does Not Provide a Private Right of Action to Workers Terminated in Violation of the Law
ASAP
September 24, 2024
Dear Littler: Can we prevent an employee from maintaining an adult website?
Dear Littler
August 19, 2024
Louisiana Becomes Latest State to Prohibit Nondisclosure Clauses Related to #MeToo Claims
ASAP
June 26, 2024
New York Curtails Release Agreements Involving Claims of Discrimination, Harassment, or Retaliation
SHRM Online
November 28, 2023
New York Enacts Greater Restrictions on Release Agreements Involving Claims of Discrimination, Harassment, or Retaliation
ASAP
November 22, 2023
SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting Potential Violations of U.S. Securities Law
Insight
October 17, 2023
Dear Littler: How should employers revise their releases, separation agreements, and settlement agreements in light of the Speak Out Act?
Dear Littler
December 15, 2022
Fifth Circuit Rules that COVID-19 Pandemic Did Not Trigger the “Natural Disaster” Exception to WARN Notice Requirements
Insight
June 22, 2022
Utah Enacts Law Related to COVID-19 Vaccination and Testing Requirements in the Workplace
ASAP
November 29, 2021
Dear Littler: How do we Determine Where Remote Employees “Work” for WARN Act Purposes?
Dear Littler
January 19, 2021
EEOC Issues Guidance on Inclusion of International Employees on OWBPA Disclosures
ASAP
January 15, 2021
Warning to New York Employers: The NY WARN Act Now Requires WARN Notices be Sent to Additional Governmental Recipients
ASAP
November 11, 2020
Racial-Discrimination Settlements Usually Come with an NDA. That’s Changing.
The Wall Street Journal
October 20, 2020
Dear Littler: What Do We Do If We Cannot Bring Our Employees Back From Furlough?
Dear Littler
September 4, 2020
Furloughs and Other Temporary Responses to Coronavirus (COVID-19) Disruptions
Insight
March 11, 2020
Best Lawyers in America© 2020 Edition Honors More Than 200 Littler Lawyers; 14 Named Lawyer of the Year
August 15, 2019
The EEOC Phoenix District Office Challenges Releases Waiving Future Financial Liability for Discrimination Claims
Insight
February 16, 2018
Five Littler Shareholders Elected as Fellows to the College of Labor and Employment Lawyers
June 29, 2017
Third Circuit Rules "Subgroup" Disparate Impact Claims Are Cognizable Under the ADEA
Insight
February 14, 2017
The Best Lawyers in America© Honors More Than 180 Littler Lawyers in Its 2017 Edition
August 16, 2016
Seventh Circuit Affirms the Dismissal of Lawsuit Based on the EEOC's Failure to Conciliate Claims Related to Releases
Insight
January 13, 2016
The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation
Littler Report
August 4, 2016
EEOC Lawsuit Against CVS Pharmacy Challenging Severance Agreements Dismissed
Insight
October 20, 2014
They Really Mean It: the EEOC Sues Another Employer for Allegedly Overbroad Releases
Insight
May 13, 2014
Fifth Circuit Says HR Manager's Comments Could Support Finding of Illegal Retaliation
Bloomberg BNA Daily Labor Report
April 9, 2014
Littler Attorneys Named in Best Lawyers in America® 2014 Edition
August 15, 2013
Government sequester could bring host of issues for employers
Thomson Reuters News & Insight
February 27, 2013
Tenth Circuit Issues Confirming Decision: Employers Are Not Required to Provide Employees with Indefinite Leave from the Performance of Essential Functions
Insight
September 17, 2012
Best Lawyers in America® Names 164 Littler Attorneys to 2013 Edition
September 7, 2012
Best Lawyers in America® Names 108 Littler Lawyers to 2012 Edition
September 12, 2011
Recent EEOC Lawsuits Highlight Importance of Adopting Comprehensive Procedures for Managing Employee Leaves
Insight
February 22, 2011
The Littler Ten: Employment, Labor and Benefit Law Trends for Navigating the New Decade
Littler Report
September 30, 2010
61 Littler Attorneys Named to The Best Lawyers in America® 2010
August 14, 2009
51 Littler Attorneys Named to The Best Lawyers in America
October 31, 2008
The Texas State Statute Prohibiting Discrimination Because of an Evacuation
Insight
September 17, 2008
Controlling Outside Counsel Costs Through an Alternative Billing Model
ACC Docket, p. 71
May 2008
Fifth Circuit Holds that Merger Agreement Amends Retiree Medical Program and Prevents Subsequent Amendment to Benefits Coverage
Insight
November 6, 2006
Sharing Compensation or Benefit Information Between Competitors May Violate Antitrust Laws
Insight
October 2, 2006
Compensation and Discipline Issues Under Texas and Federal Law Associated with Hurricane Rita Evacuation
Insight
October 5, 2005
Texas Bar & Restaurant Owners Compelled to Take Measures to Prevent Identity Thefts by Employees
Insight
August 29, 2005
Employment Issues for Bankrupt Employers
Law.com
April 9, 2002
Proof and Causation Standards in Employment Cases: The Need For A Uniform Standard Under Federal And State Law
The Houston Lawyer 26
February 2000
Closing Arguments
29 The Brief 72
Fall 1999
Cross Examination in Employment Cases
10 The Practical Litigator 37
March 1999
10 Rules for Every Employer
Abode Magazine
Houston Apartment Association
June 1997
Human Resources Management for Lawyers: An Employment Law Primer
57 Tex. B.J. 173
February 1994
Fielding the Issue of Unlawful Termination of Employment
The Houston Lawyer 20
August 1989
Books & Book Chapters
- Emotional Injury and Employment Causes of Action, The Practitioner’s Guide to Defense of EPL Claims, 4th ed., Chapter 7, Editor, Wilson, ABA/TIPS, 2018
- Employment Law Trials: A Practical Guide, Lexis/Nexis, 2005
- Fundamentals of Employment Law, Co-authors: Ford and Hill, ABA/TIPS, 2000
- Guide to Equal Employment Practices, Co-author: McCandless, Warren Gorham & Lamont, RIA Group, 1997, Chapter 2, Race, Sex and National Origin; Chapter 6, Equal Pay; Chapter 9, Sections 2 (pregnancy, childbirth, and related conditions), 3 (marital and family status), and 9 (reverse discrimination and seniority); Chapter 14, Equal and Consistent Treatment
- Littler on Bankruptcy & Employment Law Issues, Littler National Employer Library
Speaking Engagements
The Care and Feeding of Senior Executives: Agreements, Compensation, Discrimination, and Non-Competes
Houston Bar Association, Employment Law Committee monthly luncheon, Houston
2023
RIF Master Class
Littler Executive Employer Conference, Phoenix, AZ
May 10, 2023
2021 Houston Employer Conference
Houston, TX
October 26, 2021
2020 Voluntary Retirement and Exit Incentive Programs: A Viable Alternative to Involuntary Layoffs
July 23, 2020
Recent Developments in RIFs and Restructurings
Houston Bar Association, Employment Law Committee monthly luncheon, Houston
2018
Littler Global Summit 2018 - Part 3: A Tale of Three Cities: Responding to Natural Disasters from Puerto Rico and Houston to Mexico City
Littler Executive Employer, Phoenix, AZ
May 2, 2018
Conducting Efficient, Effective and Lawful Workplace Investigations
2017 Littler Houston Employer Conference
August 10, 2017
The New Supreme Court Balance: Implications for Labor and Employment Law
The 2017 Executive Employer® Conference
May 11, 2017
Employment Law Update
Corporate Organization Ombudsmen Roundtable, Houston, TX
September 28, 2016
2016 Houston Employer Conference
Houston, TX
August 11, 2016
What Employers Can Do to Secure Effective Releases, Separation Agreements, and Settlement Agreements Despite the EEOC, NLRB, and SEC Recent Enforcement Agendas
Clear Law Institute Webinar
November 6, 2015
Drafting Severance and Confidentiality Agreements Amid New EEOC, NLRB, and Now SEC Scrutiny
Strafford Publications Webinar
September 9, 2015
2015 Houston Employer Conference
Houston, TX
August 13, 2015
Working With Expert Witnesses Throughout Your Employment Law Case
Florida Bar Association Webinar
February 24, 2015
Furloughs, WARN, Reductions-in-Force and Other Cost-Savings Considerations in the $40 per Barrel Oil Economy
February 11, 2015
What Employers Can do to Secure Effective Releases, Separation Agreements, and Settlement Agreements Despite the EEOC and NLRB’s Recent Enforcement Agendas
December 11, 2014
Wage & Hour Issues in the Oil Patch
December 2, 2014
Managing Outside Counsel – The Benefits of Value Billing
2014 Legal Seminar - Petroleum Equipment & Services Association (PESA), Houston, TX
November 7, 2014
Drafting Severance and Confidentiality Agreements Amid New EEOC and NLRB Scrutiny
Strafford Publishing Company Webinar
November 4, 2014
Wage & Hour Issues in the Oil Patch
Houston, TX
October 24, 2014
Friday Night Massacres: Employment, Benefits, and Union Issues in Turnarounds
Annual Meeting - Turnaround Management Association, Toronto, Canada
September 30, 2014
Drafting Severance and Confidentiality Agreements Amid New EEOC and NLRB Scrutiny
Strafford Publishing Company Webinar
September 24, 2014
The 2014 Houston Employer Conference
Houston, TX
August 14, 2014
Critical Changes to Mexico and Venezuela's Labor Landscape and the Implications for U.S. Employers
Houston, TX
January 29, 2013
The 2012 Houston Employer Conference
Houston, TX
August 2, 2012
Business or Pleasure: The Challenges of “Bring Your Own Device” (BYOD) Policies in the Workplace
The 2012 Houston Employer Conference
Littler Mendelson, Houston, TX
August 2, 2012
Successful Project Management for In-House Counsel
The 2012 Executive Employer® Conference
Littler Mendelson, Scottsdale, AZ
May 9, 2012
Recent Developments in FLSA Collective Actions
Employment Law Committee - Houston Bar Association
October 2011
Cross-Border Employment – Understanding the Legal Challenges of Managing a Global Workforce
Global HR Business Education Conference
October 2011
The 2011 Houston Employer Conference
August 11, 2011
Ethics in Employment
Great American Insurance Company
2011
Using Serengeti Tracker - More Than a Matter Management Tool
March 4, 2010
Alternative Fee Arrangements for Law Firms and Corporate Law Departments
Strafford Publishing Company Webinar
2010
Matter Management Systems
Association of Corporate Counsel, Houston Chapter, Houston, TX
2010
Religion in the Workplace
Priority Associates Luncheon Presentation, Houston Chapter, Houston, TX
2007-2010
Day-to-Day Management and Implementation of Global Policies
Employment and Industrial Relations Law Committee - International Bar Association, New Delhi, India
2010
Information Management in the Digital Age
September 23, 2009
Reductions in Force
March 12, 2009
RIFs, the Puzzle, the Process, the Alternatives
The Woodlands Bar Association, The Woodlands
2009
Relationship Management with Outside Counsel
Association of Corporate Counsel, Houston Chapter Webinar, Houston, TX
2009
Settlement and Severance Agreements
University of Houston Advanced Employment Law, Houston and Dallas, TX
2009
Alternative Billing: How to Implement Sustainable Programs for the Long Run
West Legal Education Center Webinar
2009
Information Management in the Digital Age
Association of Corporate Counsel, Houston Chapter, Houston, TX
2009
Basics for Reductions-in-Force
2009 Employment Institute - Houston Bar Association, Houston, TX
2009
Settlement and Severance Agreements
University of Houston Advanced Employment Law, Houston, TX
2008
Company Under Siege: Labor & Employment Issues Facing Troubled Companies
Labor and Employment Committee Luncheon - Houston Bar Association, Houston, TX
2008
Dialogue on the American Jury
Bellaire High School, Houston, TX
2006
Voir Dire Demonstration
Houston Bar Association Labor and Employment Institute
2006
Preparing to Win At Trial: A View from Both Sides
Labor and Employment Committee Luncheon - Houston Bar Association, Houston, TX
2006
Harassment and Discrimination
Gevity, Houston, TX
2005
Managing Difficult Return to Work Issues
Council on Education in Management, Houston, TX
2005
Complying with the HIPAA Privacy Rules: What you Need to Know
Petroleum Equipment Suppliers Association (PESA), Houston, TX
2004
Employee Classifications in the 21st Century: Compliance with the New USDOL White Collar Exemptions
Gevity and various local chambers of commerce
2004
Employee Classifications in the 21st Century: Compliance with the New USDOL White Collar Exemptions
Right Consultants HR Roundtable, Houston, TX
2004
Update on Privacy and Emerging Issues in Electronic Workplace Litigation: Policies and Practices to Safeguard Your Organization
Council on Education in Management
2003
Workplace Privacy
Rio Grande Valley SHRM, Brownsville, TX
2003
Hiring and Firing in Texas
Sterling Education Services, LLC, Houston, TX
2003
Non-Disclosure, Non-Competition, and Non-Solicitation Agreements: Ethical Lifeboats for Lawyers and Landmen When Jumping Ship
Rocky Mountain Mineral Law Foundation Institute, Lake Tahoe
2002
Employment Aspects of Corporate Due Diligence
Conducting Bulletproof Due Diligence Seminar - Fulcrum Information Services Inc., Houston, TX
2001
The Digital Employer
Right Consultants HR Roundtable, Houston, TX
2001
Ethics Panel
Mid-Year Meeting, Equal Opportunity Committee, Labor and Employment Law Section - American Bar Association, Tucson, AZ
2000
The Digital Employer
Enron Wholesale Markets Law Conference, The Woodlands
2000
Ethics in Employment Cases
Mid-Year Meeting, Equal Opportunity Committee, Labor and Employment Law Section - American Bar Association, Boca Raton, FL
1999
Sexually Addictive Disorders And The Employer
National Institute On The ADA - American Bar Association (ABA), Chicago, IL
1999
Ethics in Employment
Labor and Employment Section - Houston Bar Association, Houston, TX
1998
Mock Trial of Workplace Privacy Case
Annual Meeting - American Bar Association, Toronto, Canada
1998
Ethics in Sexual Harassment Cases
National Institute on Sexual Harassment - American Bar Association (ABA), Washington, D.C.
1998
Ethics in Sexual Harassment Cases
National Institute on Sexual Harassment - American Bar Association (ABA), Chicago, IL
1997
Employment Practices Liability Insurance
Risk and Insurance Management Society, Inc.
1996
Workplace Violence
Council on Education in Management, Houston, TX
1996
Insurance Coverage of Employment Disputes
Annual Meeting - American Bar Association, Chicago, IL
1995
Workplace Violence
Council on Education in Management, Houston, TX
1994
Employing the Mentally Disabled: A Guide to Avoiding Liability Under the Americans with Disabilities Act
Annual Meeting - American Bar Association, New Orleans, LA
1994
Terminating Employees Without Being Sued Under Texas Law
The Cambridge Institute, Dallas and Houston, TX
1993
Establishing Essential Job Functions and Understanding the Selection Process Criteria under the Americans with Disabilities Act
South Texas College of Law, Houston, TX
1992
Terminating Employees Without Being Sued Under Texas Law
The Cambridge Institute, Austin and Houston, TX
1992
Remedies and the Court's Charge in Labor and Employment Cases
South Texas College of Law - Houston Bar Association, Houston, TX
1991
Employment Law
National Association of Credit Managers
1991
Employment Law
Texas Association of Steel Importers, Houston, TX
1991
Recent Developments in Race and Sex Discrimination
University of Houston Law Center, San Antonio, TX
1991
Employment Litigation, Advanced Litigation Seminar
University of Houston Law Center, Houston and Dallas, TX
1991
Recent Supreme Court Decisions on Race and Sex Discrimination
University of Houston Law Center, Houston, TX
1990
The Safe and Efficient Workplace, How to Deal with Drug and Alcohol Abuse
Bryan/College Station Small Business Development Council
1990
Health Issues, The Workplace and the Law
Council on Education in Management
1990
Workplace Disability Laws, Occupational Medicine for the Practicing Physician
Baylor College of Medicine
1989
Expanding Issues of Privacy in Employment
South Texas College of Law
1988
Discrimination Law Update
South Texas College of Law
1988
Age, Pregnancy and Handicap Discrimination
University of Houston Law Center
1985
Recent Developments in Traditional Labor Law
South Texas College of Law
1984
Numerous firm seminars, conferences, and breakfast briefings on all aspects of employment law
Education
- M.A., University of Virginia, 1985
- J.D., University of Virginia School of Law, 1983
- B.A., DePauw University, 1979
Courts
- U.S. Supreme Court
- U.S. Court of Appeals, 3rd Circuit
- U.S. Court of Appeals, 5th Circuit
- U.S. Court of Appeals, 9th Circuit
- U.S. Court of Appeals, 10th Circuit
- U.S. Court of Appeals, D.C. Circuit
- U.S. District Court, Northern District of Texas
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Southern District of Texas
- U.S. District Court, Western District of Texas
- U.S. District Court, District of Colorado