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Assistant

Latisha Horn

713.651.2935

“Clients appreciate that I’m a good listener and easy to talk to. It makes things go much more smoothly and efficiently.”

Overview

Kindall James is a labor and employment lawyer who helps her clients resolve difficult HR and personnel issues that run the gamut from employees sending inappropriate emails, text messages, and strange pictures to one another, to more serious issues involving workplace violence and threats. She counsels employers, business owners and managers, and defends them in a wide variety of employment-related disputes in the state and federal courts of Texas and Louisiana. This includes defending employers against claims under 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 (ADA), ERISA, and other federal and state laws. Kindall also handles claims involving non-compete agreements, trade secrets, and unfair trade practices and competition.  

Kindall has helped her clients secure summary judgments dismissing baseless employment claims in numerous cases. She has also helped them make smart decisions about when to settle a dispute. For example, one of her clients was accused of discrimination based on race. After investigating the claim, Kindall determined that there were potentially damaging facts and was able to assist the client with reaching a settlement of the dispute for a nuisance value before it progressed to litigation.

Kindall also often assists employers with what she likes to call “defensive drafting” of key policies, personnel forms, and disciplinary documents that can help put employers in a better position in the event that they are sued by their employees.  

Companies and industry groups often invite Kindall to speak on current labor and employment issues, and she is frequently published on employment law topics.

“My clients aren’t industry-specific,” Kindall explained. “I represent a lot of oil and gas companies because that’s an important part of our regional economy; however, I also work with clients in the hospitality, engineering, construction, and other sectors.”   

Talks about

#laborandemployment #noncompete #employers #humanresources #discrimination

Highlights

Client Comment

“Thomas J. McGoey II was the lead attorney, and Kindall James was second chair. In all of my years working with attorneys, I rank these two from Liskow & Lewis at the top.” – Best Lawyers Client Comment, Commercial Litigation, 2023

Insight

“DOL Announces New Contractor Rule Proposal”

Notable Experience

Kindall has handled difficult claims and disputes involving discrimination, retaliation and other complex labor and employment issues – in cases such as the following:

  1. 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)
  2. 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)
  3. Marcella v. Ochsner Health System, 2011 U.S. Dist. LEXIS 120863 (E.D. 2011) (dismissal of ERISA claim for benefits on summary judgment)
  4. 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)
  5. 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)
  6. Love v. Motiva Enterprises LLC, 349 Fed. Appx. 900 (5th Cir. 2009) (dismissal of same sex, sexual harassment and retaliation claims on summary judgment)
  7. 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)

Involvement

Professional

  • American Bar Association, Section of Litigation, Employment & Labor Relations Law Committee - Member
  • New Orleans, Louisiana State and American Bar Associations - Member

Community

  • Friends of CanCare - Board Member

Credentials

Education

  • Loyola University New Orleans College of Law (J.D., cum laude, 2007)
    • Loyola Law Review, Comment/Casenote Editor, 2006-2007
    • William Crowe Scholar
    • Order of the Barristers
  • Louisiana State University (B.A., 2001)

Bar Admissions

  • Texas, 2013
  • Louisiana, 2007

Presentations

  • "Recent Developments in Employment Law, ERISA, and Retirement Planning," Liskow's 2023 CPA Seminar, October 17, 2023
  • "Employment Law Update," Liskow's Employment Law Update Webinar, October 12, 2023
  • "The Safer Seas Act: What You Need to Know About Operational Compliance," Tulane Maritime Law Society, New Orleans, LA, October 4, 2023
  • "The Safer Seas Act: Where We Are Nine Months Later," American Bar Association, Houston, TX, September 14, 2023
  • "Labor and Employment Law Update," Liskow & Lewis Webinar, November 2, 2021
  • "Bystander Training: The Best Defense Against Sexual Harassment," HR Houston, April 6, 2021
  • "COVID-19 and Employment Law What Nonprofits Need to Know," Nonprofit Law Institute for the United Way and the Houston Young Lawyers Association, March 25, 2021
  • "Harassment in the Workplace: Awareness and Legal Issues in the #metoo Era," BP In-House CLE Presentation, June 25, 2018, Houston, TX
  • "Health Care Reform Update," The Various Chemical Companies of Texas and Louisiana Conference, Baton Rouge
  • “The Not-So-Independent Contractor & Addressing the Challenging Classification Questions Presented by Today’s Workforce,” moderator and speaker, Employment & Labor Relations Law 2017 Seminar, September 28, 2017, Dallas, TX
  • “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, 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

WHAT’S TRENDING WITH Kindall

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