Hillary is a Board Certified employment lawyer with more than fifteen years of experience. Hillary offers a full-service labor and employment practice that includes negotiating the employment aspects of complex M&A deals and other business transactions, counseling corporate clients on workforce issues, transactional aspects of both onboarding and separating employees, and litigating all manner of labor and employment disputes. As a counselor, Hillary helps employers with compliance of federal, state and local employment law and can walk through tough decisions like discipline and termination, accommodations under the ADA, FMLA compliance, proper classification under the FLSA and workplace violence prevention training. Hillary also conducts investigations of employee complaints as an outside investigator and assists with charting the internal culture of management-side clients.

Hillary has extensive experience litigating restrictive covenant matters involving noncompetition, non-solicitation and trade secret claims, and cases involving alleged discrimination, harassment, retaliation, wrongful termination, wage-and-hour, and breach of contract claims. Hillary also represents executives with negotiating and drafting employment, equity and severance agreements.

Hillary has first-chair experience in federal trial and conducting internal investigations for corporate clients, non-profit organizations, and higher education institutions concerning allegations of wrongful termination, FMLA interference and retaliation, workplace injuries, employee misconduct and sexual assault. When disputes do arise at the agency level, Hillary is a fierce advocate for employers before state and federal agencies. Hillary’s clients can count on her level-headed assessment and attention-todetail, with an eye on their goal.

Hillary enjoys spending time with her family, running outdoors and playing golf. She served six years on the Board of Directors and two years as Board Chair for the nonprofit, First3Years, an organization committed to advocating, collaborating and caring for the youngest Texans.

Representative Matters

Litigation

• Multiple dismissals of claims in favor of social media/dating app client by leveraging both the Federal Communications Decency Act and the Texas Citizens Participation Act to effectively defeat all claims within two to four weeks of filing Motions to Dismiss.
• Favorable settlement for employer in defense of FMLA interference and retaliation claims in federal court.
• Served as first chair in federal lawsuit in connection with claims filed by a former employee under the Fair Labor Standards Act related to wage and hour laws.
• Developed and implemented strategic federal litigation plan in defense of claims by telecom giant for conspiracy, tortious interference, Rico and Lanham Act violations against client and distributor of smartphones and related claims against co-defendant employees for theft and breach of fiduciary duties.
• Prosecution of oil and gas trespass to try title action resulting in expedient release of title claim.
• Developed and implemented strategic litigation plan in defamation action involving a political candidate and successfully defeated a Motion to Dismiss under the Texas Citizens Participation Act, which was upheld on appeal. Minett v. Snowden, 05-18-00003-CV, 2018 WL 2929339 (Tex. App.—Dallas June 12, 2018, pet. denied).

Appellate

• Appellate affirmation of Motion for Summary Judgment in premises liability case including preparation of both the motion and appellee’s brief. Gomez v. Saratoga Homes, 08-14-00320-CV, 2017 WL 1164590 (Tex. App.—El Paso Mar. 29, 2017, no. pet. h.).
• $160,000 final judgment at the summary judgment stage for a large, regional commercial real estate owner in dispute over the interpretation of lease terms and successfully persuaded the Fifth District Court of Appeals to affirm the summary judgment. Spy, Inc. v. SC Legacy Indep., Ltd., 05-15-00763-CV, 2016 WL 3381920 (Tex. App.—Dallas June 16,
  2016), reh’g overruled (July 14, 2016).
• Appellate reversal in favor of out-of-state client’s Special Appearance including preparation of both the motion and appellee’s brief. Priller v. Cox, 05-15-01257-CV, 2016 WL 7163918 (Tex. App.—Dallas Nov. 15, 2016, no pet.).

Transactional

• Served as lead attorney in internal investigation on behalf of Fortune 100 company regarding employee complaint of failure to promote and retaliation.
• Conducted investigation for pharmaceutical company involving multiple employee complaints of sexual harassment, retaliation and improper handling of requests for ADA accommodations; and advised the employer on revisions to existing policies and procedures concerning federal and state anti-discrimination, harassment and disability laws.
• Complex negotiation of separation package for CEO of public company increasing severance pay and vested equity by $1.3 million.
• Secured a positive outcome in defending prestigious university against claims brought by a former employee alleging, among other things, sexual harassment, retaliation and tortious interference with contract.
• Representation of hedge fund manager to secure waiver of non-competition clause and other post-employment restrictive covenants.
• Drafted favorable compensation terms for anesthesiologist to pro-rate RVU compensation structure to include appreciation of time-investment for leadership role.

PRESENTATIONS AND PUBLICATIONS

• Remote Workers: Compliance with the Fair Labor Standards Act and Navigating Local and State Laws, Dallas Start Up Week, September 2023
• Litigation Starts with Discovery, Lunch & Learn CLE, April 2023
• Handling Difficult Terminations and Training for Workplace Violence Prevention, Dallas Bar Association, Labor and Employment Section CLE, February 2023
• Attracting and Retaining Talent: Introduction to Equity Compensation, Dallas Start Up Week, August 2022
• Joint Employment & The Gig Economy, North Dallas Chamber of Commerce, July 2022
• Thou Shall Not Steal My IP, May 2022
• Vaccination Requirements for Transportation Companies, Client Presentation, April 2021
• Diversity and Inclusion on Boards of Directors and Aspects of Employee Policy Making, Thompson Coe Webinar, July 2020
• Putting Your Employees to the Personality Test, Dallas Bar Association Headnotes, June 2020
• COVID-19 Where Are We Now? Updates on FFCRA, OSHA/Safety, Human Resources & Benefits, Webinar, April 2020
• Essential Primer on Families First Coronavirus Response Act, March 2020
• Baby Day Moderator and Speaker, Dallas Museum of Art, February 2020
• Responding to Union Organization, Client Presentation, October 2019
• Moderator and Speaker, First3Years Stewardship Luncheon, April 2019