Kindall C. James: Lawyer with Liskow & Lewis A Professional Law Corporation

Kindall C. James

Phone(713) 651-2945

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Experience & Credentials
 

Practice Areas

  • Labor and Employment Law
  • Business Litigation
  • Employee Benefits
 
Contact InfoTelephone: (713) 651-2945
Fax: (713) 651-2908
http://www.liskow.com/bio.aspx?id=145&more=1#more
 
University Louisiana State University, B.A., 2001
 
Law SchoolLoyola University New Orleans College of Law, J.D., cum laude, 2007 Loyola Law Review, Comment/Casenote Editor, 2006-2007, Thurgood Marshall Moot Court Team, 2006, William Crowe Scholar, Order of the Barristers
 
Admitted2007, Louisiana; 2013, Texas
 
Memberships 

Honors & Affiliations
•ABA, Section of Litigation, Employment & Labor Relations Law Committee
•New Orleans, Louisiana State and American Bar Associations - Member
•New Orleans Speech and Hearing Center - Board of Directors

 
Born1979
 
Biography

Ms. James is an associate in the firm's Labor and Employment Law, Employee Benefits, and Business Litigation sections. Her practice focuses on litigation of all types of employment-related disputes, including defending employers against claims under ERISA, the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other federal and state laws. She also represents employers with respect to claims involving employee benefits, non-compete agreements, trade secrets, and unfair trade practices and competition.

Ms. James counsels employers on various personnel and human resources matters. She drafts employment and non-compete agreements, employment policies, and employee handbooks. She also speaks and publishes on various labor and employment law topics.

Ms. James earned her law degree from Loyola University New Orleans College of Law, where she served as a Comment and Casenote Editor of the Loyola Law Review.

Significant Decisions Include:
Love v. Motiva Enterprises LLC, 349 Fed. Appx. 900 (5th Cir. 2009) (dismissal of same sex, sexual harassment and retaliation claims on summary judgment)
Noorani v. Motiva Enterprises LLC, 2009 U.S. Dist. LEXIS 112417 (E.D. La. 2009) (dismissal of race / national origin discrimination claim on summary judgment)
Hardy v. Shell Chemical LP, 2010 U.S. Dist. LEXIS 69380 and 2010 U.S. Dist. LEXIS 17943 (E.D. La. 2010) (dismissal of age discrimination and retaliation claims on summary judgment)
Marcella v. Ochsner Health System, 2010 U.S. Dist. LEXIS 114883 (E.D. La. 2010) (dismissal of claim for employee benefits for failure to exhaust administrative remedies under ERISA)
Altier v. Worley Catastrophe Response, et al., 2011 U.S. Dist. LEXIS 49429 (E.D. La. 2011) (dismissal of FLSA claims against alleged joint employer on 12(b)(6) motion to dismiss)
Marcella v. Ochsner Health System, 2011 U.S. Dist. LEXIS 120863 (E.D. 2011) (dismissal of ERISA claim for benefits on summary judgment)
McClung v. Shell Chemical LP, 2012 U.S. Dist. LEXIS 138115 (M.D. La. 2012) (dismissal of age, sex, and race discrimination claims on summary judgment)
Pegasus Int'l v. Champagne, 2012 U.S. Dist. LEXIS 163604, 2012 U.S. Dist. Lexis 163620, 2012 U.S. Dist. LEXIS 163682 (W.D. La. 2012) (enforcement of arbitration agreements and stay of litigation pending arbitration)

Presentations
•“Jeopardy in the Workplace,” Current Developments in Labor & Employment Law Seminar, Sponsored by LSU Law Center and LSBA Section on Labor & Employment Law, March 1, 2013
•“Social Media & Litigation: How Facebook Can Be Used Against You in a Court of Law,” Liskow & Lewis, Holiday Luncheon, December 5, 2012
•“Employment Law Update,” Various Chemical Companies of Louisiana and Texas, Spring Conference, April 19, 2012
•“Laws that Impact an Employer's Ability to Monitor Employee Communications and Social Networking,” ABA Committee for Liaison with EEOC, OFCCP, and DOJ, Monthly Meeting, September 21, 2011
•“Contract Workers and Other Employment Issues,” National Association of Professional Geriatric Care Managers, Annual Conference, May 12-15, 2011
•“The Current State of the Law on Mandatory Arbitration Policies in Employment,” ABA Committee for Liaison with EEOC, OFCCP, and DOJ, Monthly Meeting, September 15, 2010
•“An In-Depth Look at Louisiana's Wage Payment Statute,” ABA Committee for Liaison with EEOC, OFCCP, and DOJ, Monthly Meeting, September 24, 2008

Publications
• Can You Keep a Secret? Your Company's Confidentiality Policy May Violate the National Labor Relations Act, Liskow & Lewis E-Newsletter, May 6, 2014
•SCOTUS Issues Two Significant Decisions Addressing Class Arbitration, ABA Section of Litigation Employment & Labor Relations Committee's News & Developments, July 2013
• The Importance of Addressing 'Gender-Stereotyping' and Other Forms of LGBT Discrimination in the Workplace, Liskow & Lewis E-Newsletter, April 17, 2013
• NLRB Continues to Define the Limits of an Employer's Ability to Control Employee Social Networking, Liskow & Lewis E-Newsletter, April 2, 2012
• USCIS Increases Scrutiny of H-1B Employers, Liskow & Lewis E-Newsletter, February 1, 2010
• Amendments to ADA Afford More Protection to Employees, Liskow & Lewis E-Newsletter, October 13, 2008
•Comment, Electronic Discovery: Substantially Increasing the Risk of Inadvertent Disclosure and the Costs of Privilege Review - Do the Proposed Amendments to the Federal Rules of Civil Procedure Help?, 52 Loy. L. Rev. 839 (Fall, 2006).

 
Reported CasesSignificant Decisions Include: Love v. Motiva Enterprises LLC, 349 Fed. Appx. 900 (5th Cir. 2009) (dismissal of same sex, sexual harassment and retaliation claims on summary judgment); Noorani v. Motiva Enterprises LLC, 2009 U.S. Dist. LEXIS 112417 (E.D. La. 2009) (dismissal of race / national origin discrimination claim on summary judgment); Hardy v. Shell Chemical LP, 2010 U.S. Dist. LEXIS 69380 and 2010 U.S. Dist. LEXIS 17943 (E.D. La. 2010) (dismissal of age discrimination and retaliation claims on summary judgment); Marcella v. Ochsner Health System, 2010 U.S. Dist. LEXIS 114883 (E.D. La. 2010) (dismissal of claim for employee benefits for failure to exhaust administrative remedies under ERISA); Altier v. Worley Catastrophe Response, et al., 2011 U.S. Dist. LEXIS 49429 (E.D. La. 2011) (dismissal of FLSA claims against alleged joint employer on 12(b)(6) motion to dismiss); Marcella v. Ochsner Health System, 2011 U.S. Dist. LEXIS 120863 (E.D. 2011) (dismissal of ERISA claim for benefits on summary judgment); McClung v. Shell Chemical LP, 2012 U.S. Dist. LEXIS 138115 (M.D. La. 2012) (dismissal of age, sex, and race discrimination claims on summary judgment); Pegasus Int'l v. Champagne, 2012 U.S. Dist. LEXIS 163604, 2012 U.S. Dist. Lexis 163620, 2012 U.S. Dist. LEXIS 163682 (W.D. La. 2012) (enforcement of arbitration agreements and stay of litigation pending arbitration)
 
ISLN919534610
 

Documents by this lawyer on Martindale.com

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Can You Keep a Secret? Your Company’s Confidentiality Policy May Violate the National Labor Relations Act
Kindall C. James,Wm. Brian London, May 15, 2014
Policies prohibiting the disclosure of proprietary business information are prevalent in modern workplaces. Employers have long assumed that these types of policies are lawful, or at the very least, that they would not be of interest to the National Labor Relations Board (“NLRB”). Based...
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Office Information

Kindall C. James

1001 Fannin Street, Suite 1800
HoustonTX 77002




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