Human Resources Nursing Home

Douglas B. Welmaker

**** *. **** ***.

Tyler, Texas 75701

********@**.***

____________________________________________________________________________________________________________

Telephone 903-***-**** Fax 866-***-****

EDUCATION

• The University of Texas at Austin, BA (1989) English major, Journalism minor

•South Texas College of Law, Houston, Texas, JD (1993) (graduated top 15%)

-Assistant Editor, South Texas Law Review

-American Jurisprudence Award, Torts I

-Dean’s List, 4 Semesters

-Finalist: William J. Williamson Writing Contest

-Order of the Lytae

PROFESSIONAL EXPERIENCE

•Wickliff & Hall, Houston Texas, May 1992 through January 1995: litigated labor and employment matters for

Fortune 500 clients, including Kroger, Safeway, Dow Chemical, and McDonald’s; prepared numerous Motions

for Summary Judgment resulting in dismissal of plaintiff’s lawsuits; prepared and responded to discovery;

prepared and argued pre-trial motions and responses; sat second-chair for the trial of three cases (two in federal

court, one in state) all of which resulted in defense verdicts; prepared and edited employee handbooks, policies

and procedures; advised firm clients with respect to human resources issues, investigations, and management

and avoidance of lawsuits.

•Brown McCarroll, LLP, Houston, Texas, January 1995 through January 1997: litigated labor and employment

matters, including workmen's compensation retaliation cases; drafted dispositive motions for Fortune 500 oil

and gas company; drafted affirmative action policies as well as employee handbooks, policies and procedures;

assisted in resolution of Unfair Labor Practice claims brought by union against energy company; assisted in

handling OSHA investigation resulting in favorable outcome for firm’s client.

•Preston & Cowan, LLP, Houston, Texas, February 1997 through October 2000: litigated nursing home

medical malpractice cases for what was, at the time, the nation’s second largest nursing home operator; also

litigated insurance defense cases; litigated employment law matters; led defense of a client in an OSHA

investigation of a workplace death.

•Law Office of Douglas B. Welmaker, Houston, Texas, October 2000 through October 2001: operated solo

practice focusing on representation of individuals with labor and employment law disputes throughout all stages

of litigation, from initial interview through trial; prevailed in temporary restraining order/temporary injunction

matter involving two former employees accused of violating their covenants not to compete; led construction

company’s defense during OSHA investigation of multiple workplace deaths.

•Petroff & Associates, Dallas, Texas, October 2001 through January 2004: litigated and assisted in the

management of mass tort docket (fen-phen diet drug litigation) for firm that won the first jury verdict against

American Home Products/Wyeth. Managed, coordinated and engaged in trouble shooting cases for thousands

of firm clients and hundreds of referring attorneys on a nationwide basis; prepared and presented multiple

plaintiffs for deposition, deposed AHP/Wyeth experts including doctors and epidemiologists; prepared all trial

exhibits; responsible for assisting any firm in any part of the country that had an imminent trial setting against

AHP/Wyeth with trial and exhibit strategy; assisted in management of cases submitted to the American Home

Products Trust for payment.

•Law Office of Douglas B. Welmaker, Houston, Texas, January 2004 through January 2005: operated solo

practice focusing on representation of individuals with labor and employment law disputes; first chaired

overtime (Fair Labor Standards Act) trial in Houston Federal District Court defending local business in which

Plaintiffs sought over $100,000 in damages and jury only awarded $5,000; joint ventured with another Houston

law firm advising firm and firm’s client on strategy and odds of success in pursuing key former employee who

violated a covenant not to compete.

•Cowan & Lemmon, LLP, Houston, Texas, January 2005 through February 2008: started the firm’s Houston

office, litigated all phases of medical malpractice and employment related matters; developed employee policies

and procedures for firm clients; litigated multiple covenant not to compete matters; prevailed in temporary

restraining order/temporary injunction matter for employee accused of violating covenant not to compete.

•Of Counsel, Warren & Siurek, LLP, Houston, Texas, March 2008 through February 2011: developed and grew

practice focusing on litigation of Fair Labor Standards Act (“FLSA”) cases in Federal Court; handled all aspects

of FLSA matters from original meeting with client through trial; first-chaired FLSA trial in Houston Federal

District Court before Judge Lee Rosenthal and obtained a favorable jury verdict at the original trial and a

favorable jury verdict on retrial.

•Level 2 Review, Tyler, Texas, August 2011 to present: assist with e-discovery, compliance, and privilege

projects for Fortune 50 companies; work with counsel to identify key documents for trial and advise on

privilege matters; assist with numerous compliance reviews - verify/advise on company compliance with both

internal policy and federal antitrust law; work with trial counsel in identifying concerns and key documents for

DOJ review of mergers.

ADMITTED TO PRACTICE:

•The State Bar of Texas

•U.S. Fifth Circuit Court of Appeals

•U.S. District Courts for the Northern, Southern, and Eastern Districts of Texas

HOBBIES/INTERESTS

Reading, drawing/sketching, mountain biking, traveling.

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