Elizabeth M. Marsh BOARD CERTIFICATIONS AND HONORS Ms. Marsh has been recognized as a Texas SUPER LAWYER (representing the top 5% of all attorneys in the State of Texas), nominated and selected by peers in the legal community in 2013, 2012, 2011, 2010, 2009, 2008, 2004, and 2003. Ms. Marsh has also been recognized in the Super Lawyers, Corporate Counsel Edition for 2013, 2012, 2011, 2010 and 2009.

 

Ms. Marsh is Board Certified by the Texas Board of Legal Specialization in both Civil Trial Law and in Labor & Employment Law.  She is one of only approximately a few attorneys in Texas Board Certified in both areas by the Texas Board of Legal Specialization.

Martindale-Hubbell AV-Rated

Ms. Marsh has held multiple leadership positions, including Chair of the Austin Bar Association Labor & Employment Section (2003-2004), Vice Chair of the Austin Bar Association Labor & Employment Section (2002-2003) and Treasurer, Austin Bar Association Labor & Employment Law Section (2001-2002). Ms. Marsh was recently appointed to the Women in the Profession Standing Committee of the State Bar of Texas, 2008-2011.

BAR ADMISSIONS

Texas, 1984
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. Court of Appeals for the Fifth Circuit
U.S. Supreme Court

EDUCATION

Lamar University, B.B.A. (Accounting), 1981, with Highest Honors
Baylor University School of Law, J.D., 1984

PROFESSIONAL AND CIVIC AFFILIATIONS

Fellow, Litigation Counsel of America
American Bar Association, Labor and Employment Law and Litigation Sections
State Bar of Texas, Labor and Employment Law, Litigation, Appellate and Women in the Law Sections
Austin Bar Association, Labor and Employment Law, Litigation and Appellate Sections
Defense Research Institute
College of the State Bar
Travis County Women Lawyers' Association
Bar Association of the Fifth Federal Circuit

PUBLISHED APPELLATE OPINIONS

Banks, et al. v. Dallas Housing Authority, et al., 2001 WL 1285391 (5th Cir. Oct. 24, 2001)

The Woodlands Land Development Company, L.P. v. Jenkins, No. 48 S.W.3rd 415 (Tex. App. - Beaumont 2001, no writ)

American Lantern Co. v. Hamilton, NO. 04-95-00517, 1997 WL 667167 (Tex. App. - San Antonio, Oct. 22, 1997) (NO. 04-95-00517-CV)

Threadgill v. Farmers Ins. Exchange, et al., 912 S.W.2d 264 (Tex. App. - Dallas 1995, no writ)

Office of Public Ins. Counsel v. Texas Automobile Ins. Plan, 860 S.W.2d 231 (Tex. App. - Austin 1993, writ denied)

State of Texas v. Flag-Redfern Oil Co., 852 S.W.2d 480 (Tex. 1993)

Texas Catastrophe Property Ins. Ass'n. v. Morales, 975 F.2d 1178 (5th Cir. (Tex.) 1992), cert. denied, 507 U.S. 1018 (1993)

State of Texas v. National Council of Allied Employees, et al., F. Supp. 1154 (W.D. Tex. 1992)

Santa Fe Energy Co. v. Baxter, 783 S.W.2d 643 (Tex. App. - El Paso 1988, no writ)

PDS&W v. Elcor Corp., 754 S.W.2d 810 (Tex. App. - San Antonio 1988, writ denied)

Hudspeth v. Hudspeth, et al., 756 S.W.2d 29 (Tex. App. - San Antonio 1988, writ denied)

Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499 (Tex. 1988)

W.E. Myers Drilling Corp. v. Elliott, 695 S.W.2d 809 (Tex. App. - El Paso 1985, writ refused n.r.e.)

SPEECHES AND PUBLICATIONS

Author

•  “FMLA Amended to Expand Rights for Military Personnel and Their Families” (April 2008).
• "Texas Supreme Court Changes Stance on Enforceability of Non-Compete Agreements in At-Will Employment" (January 2007).
• "Are the Floodgates Open? U.S. Supreme Court's Retaliation Ruling a Major Victory for Employees" (September 2006).
• "Sexual Favoritism: When an Office Romance Can Result in a Hostile Work Environment Claim" (September 2005).
• "EEOC Challenges 'Partner' Status - Argues Partners are Really 'Employees'" (March 2005).
• "New Overtime Rules Are Now The Law" (September 2004).
• "Overtime Pay: The Insurance Industry Continues the Battle Over 'White Collar' Exemptions" (May 2004).
• "Out With the Old, In With the New: Sweeping Changes to Overtime Regulations on the Horizon" (September 2003).
• "Good News, At Last, From the Department of Labor: Insurance Adjusters May Qualify for Administrative Exemption" (June 2003).
• "Show Me the Money: Wage and Hour Lawsuits Soaring in Popularity" (September 2002).
• "Dealing With EEOC and THRC - How to Respond to Requests for Information and Subpoenas: Should You Cooperate, Mediate or Litigate?" (August 2002).
• "Applicants for Re-Hire are 'Employees' Under FMLA's Anti-Retaliation Prohibition" (March 2002).
• "A Warning About 'WARN': WARN Regains Popularity in the Turbulent 2000's" (September 2001).

Speaker

• Texas Nursery and Landscape Association, "Recent Developments in Employment Law Under the Obama Administration" (May 11, 2010).
• New Realities in Employment Law, Sterling Education Services, Austin, TX, "Wage and Hour Law and Protecting At-Will Employment" (March 26, 2009).
• National Association of Women in Construction, Austin, TX, "Employment Law Developments" (June 5, 2008).
• We Mean Business, Austin, TX, "Employment Law Pitfalls" (April 30, 2008).
• Lorman Education Services, Dallas, TX, "Human Resource Fundamentals in Texas: Wage, Hour and Overtime Issues" (June 20-21, 2002 and June 17, 2004).
• Lorman Education Services, Dallas, TX, "Properly Handling An Employee Complaint in Texas" (June, 10, 2003).
• Lorman Education Services, Austin, TX, "Properly Handling An Employee Complaint in Texas" (February 27, 2003).
• Dallas, TX, "State and Federal Personnel Laws in Texas" (October 17-18, 2002).
• Austin, TX, "Employment Law Update" (August 13, 2002).
• Texas Association of Business' 24th Annual Employment Relations Symposium, San Antonio, TX, "Dealing With EEOC and THRC - How to Respond to Requests for Information and Subpoenas: Should You Cooperate, Mediate or Litigate?" (August 8-9, 2002).
• "State and Federal Personnel Laws in Texas" (August 8-9, 2002, Austin, Texas).