Donna Smith Cude, JD, SPHR

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Professional Credentials:

• Admitted to Bar, State of Alabama, July 2007
• Admitted to Bar, State of Texas, November 1988
• Admitted to practice before United States District Court, Northern, Southern, Eastern and Western Districts of Texas, Fifth Circuit Court of Appeals and United States Supreme Court
• Board Certified by the Texas Board of Legal Specialization in Labor and Employment Law since 1994
• Mediation Certificate from University of Houston A.A. White Dispute Resolution Institute – September 14, 2001
• Certified by the Society for Human Resource Management, Senior Professional in Human Resources – January 5, 2008

Background:

In addition to having recent experience in litigating a major partnership contract dispute and drafting and negotiating service agreements and independent contractor and employment agreements for physician groups and information technology companies, Donna Smith Cude has represented management in Labor and Employment law matters since 1990, and has been Board Certified in Labor and Employment law by the Texas Board of Legal Specialization since 1994.  She was the lead attorney in the defense of a published workers’ compensation retaliation case, Terry v. Southern Floral Co., 927 S.W.2d 254 (Tex. App. – Houston [1st Dist.] 1996, no writ), an opinion that has been referred to as the most pro-employer workers’ compensation retaliation case in Texas. 

Besides providing training and counseling to members of HR and management to prevent employee lawsuits, Ms. Cude has represented all types of businesses ranging from small businesses to Fortune 500 companies and has guided these companies in the avoidance of employment litigation.  Such day-to-day counseling and training has included harassment prevention, advice on wage and hour law, public accommodation requirements, policies and procedures, Sarbanes - Oxley, workers’ compensation issues, specific FMLA, FLSA and ADA requirements, and workers’ compensation retaliation prevention.  She has represented numerous clients before the EEOC Houston and San Antonio District Offices and other government agencies.  

She has successfully defended management in workers compensation retaliation, sexual harassment, whistleblower, wrongful termination, breach of contract and all manner of discrimination cases; she has represented numerous non-profit corporations and health care entities, and has authored many articles on labor and employment issues.  She is a frequent speaker at employment law seminars.  In addition, Ms. Cude has significant experience in business transactions and commercial litigation, including cases involving non-compete, unfair competition and partnership issues.

Ms. Cude has authored numerous articles on timely employment law issues, which include an article co-authored by her and published by the American Bar Association entitled, “Does Justice Need Glasses? Unlawful Retaliation under Title VII Following Mattern:  Will Courts Know It When They See It,” The Labor Lawyer, Vol. 14, No. 2 (Fall 1998).

Active in the Labor and Employment Sections of the State Bar of Texas and the Houston Bar Association, Ms. Cude is also past Chairman of the Houston Management Lawyers’ Forum.  She is admitted to practice in all state courts in Alabama as well as in Texas, and before the United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas, as well as the Fifth Circuit Court of Appeals, and the United States Supreme Court. 

Ms. Cude earned her Bachelor of Science degree from Pennsylvania State University, and her J.D., magna cum laude, from South Texas College of Law.

Professional Education:

• J.D., South Texas College of Law, May 1988, magna cum laude
• B.S., Pennsylvania State University, Honors:  Dean’s list

Professional Activities:

• Member, State Bar of Alabama
• Member, Birmingham Society of Human Resource Management
• Member, State Bar of Texas Labor & Employment Section
• Past Member, Houston Bar Association, Labor & Employment Section
• 2001 to 2007: Board Member-Texas Association of Business, Houston Coastal Chapter and TAB Employment Relations Committee
• 2001 – 2002 First Vice-President of Industrial Relations Research Association Greater Houston Chapter
• 1999 – 2000 Chairman Houston Management Lawyers’ Forum
• 2001 – 2002 Houston Professional Women’s Fellowship Board Member

Speaker and Author:

Co-Author:  “Does Justice Need Glasses? Unlawful Retaliation under Title VII following Mattern:  Will Courts Know it When they See It”, The Labor Lawyer (American Bar Association Fall, 1998)

Author and Speaker, “What To Do When HR Managers and Corporate Counsel become Plaintiffs,” Labor and Employment Update, MCLE-accredited and sponsored by the South Texas College of Law, July 13, 2006

Author and Speaker, “Hot Topics in Employment Law”, Houston Northwest Bar Association, August 18, 2004

Author and Speaker, “It’s Your Neck on the Line – Individual Supervisor Liability”, Tyler Employment Relations Conference, Texas Association of Business, Tyler Chapter and Tyler Chamber of Commerce, Tyler Rose Garden Center, April 28, 2004

“Top Ten Blunders Made by Texas Employers”, Texas Association of Business, Houston Coastal Chapter, University of Houston – Hilton,  March 24, 2004

“Biggest Employer Blunders of the Year Resulting in Expensive Lawsuits – Texas Perspective”, Council on Education in Management, November 19 – 20, 2003

“Wage and Hour Tips and Traps for the Unwary”, Lorman Education Services, September 17 – 18, 2002

“Harassment Policies, Prevention and Investigation”, Lorman Education Services, September 17 – 18, 2002

“Military Leave:  The Uniformed Services Employment and Re-employment Act of 1994 (USERRA)”, Sterling Education Services, August 6, 2002

“Sex, Race and Other Harassment in the Workplace,” Sterling Education Services, August 6, 2002

“Harassment Policies, Prevention and Investigation”, Lorman Education Services, March 14, 2002

“Legal and Compliance Issues Relating to Alternative Staffing Arrangements”, ASTD Expo, Astrodome Radisson Hotel, September 25, 2001
 
“Recent Developments in Employment Law,” Houston Human Resource Management Association, Gulf Coast Region Symposium, George R. Brown Convention Center, April 11, 2001
 
“Redefining your ADA Responsibilities following Recent Federal Court Cases and New EEOC Guidelines,” Personnel Law Update, Council on Education in Management, April 10, 2001

“Harassment in the Workplace”, Lorman Education Seminar, March 14, 2001

“Evaluating Employer Practices Liability Insurance: Is it Right for you?”, sponsored by the Texas Association of Business and Chambers of Commerce, February 7, 2001

“Summary Judgment: Effective Presentation to the Court”, University of Houston Continuing Legal Education, December 1999 and 2000, presented in Houston and Dallas, Texas

“Wages, Hours and Overtime”, Houston Bar Association Continuing Legal Education, September 14, 2000

“Employment Law for Growing Businesses”, Cy-Fair Chamber of Commerce, June 24, 1999

“Employment Law Update”, Houston Human Research Management Association Annual Symposium, George R. Brown Convention Center, March 10, 1999

Honors and Awards:

• Executive Editor, South Texas Law Review, 1987 – 88
• E.E. Townes Memorial Award, 1987
• Chief Justice Earl Warren Award, 1987
• Woodard Hall & Primm Award, 1988
• American Jurisprudence Awards, 1987: Commercial Law I and Wills, Trusts & Estates Order of the Lytae

Published Opinion:

Terry v. Southern Floral Co., 927 S.W.2d 254 (Tex. App. – Houston [1st Dist.] 1996, no writ) (worker’s compensation retaliation case)