Managing Member

2801 Network Blvd., Suite 105, Frisco, Tx. 75034

Phone:  214.728.0122

E-Mail:  rchadwick@realclearcounsel.com

Robert G. Chadwick, Jr.

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Robert G. Chadwick, Jr. has 35 years of experience representing management, fiduciaries, professionals and C-suite executives in the areas of labor & employment, workplace safety & health (OSHA), ERISA investigations & litigation, executive compensation and professional liability. He is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization (1990-Present). His skill set includes drafting policies and agreements, counseling as to compliance and risk management, and providing legal representation in negotiations, claim resolution, investigations, litigation, class actions and appeals.  

His writings, quotations and accomplishments have been featured on television and in international publications, such as the Wall Street Journal and the World Intellectual Property Organization's SME Newsletter, national publications, such as the National Law Journal, Insurance Journal, National Underwriter Magazine, Journal of American Law, PLUS Journal, Professional Liability Defense Quarterly, and Benefits Law Journal, and local publications, such as Headnotes, published by the Dallas Bar Association. He has contributed to such Bloomberg BNA publications as Employment Discrimination Law and Fair Labor Standards Act. 

He is also a mediator and is currently an arbitrator with the Financial Industry Regulatory Authority ("FINRA").

   

Professional/Community Leadership

Mr. Chadwick has held two leadership positions with the Professional Liability Underwriting Society (PLUS). From 2008-2009, he was Texas Chapter Chair.  From 2012-2105, he was Co-Chair of the Chapter Development Committee.

 

From 2013-2015, he served on the Professional Liability Editorial Board of the Journal of American Law, published by the Claims & Litigation Management Alliance.

He is currently President of the Addison Rotary Club, and Vice-Chair of the EPLI Claims Committee of the Professional Defense Liability Defense Federation.  

Selected Achievements

Case-determinative sanction and sanctions award of $114,777.50 (collected in full) for frivolous suit. Johnson ex rel. Johnson v. Chesnutt, 225 S.W.3d 737 (Tex.App. – Dallas 2007, pet denied).

Successful representation of multiple employers as to OSHA citations arising from employee fatalities.

Favorable verdict in rare federal jury trial of FLSA collective action, Milburn, et al. v. Earth Grains Baking Companies, Inc., 2001 WL 34031367 (W.D. Okla. Feb. 26, 2001).

Landmark verdict and appeal as to professional liability of clergy. Sanders v. Baucum, 929 F.Supp. 1028 (N.D.Tex. 1996), aff’d, 134 F.3d 331 (5th Cir. 1998), cert. denied, 525 U.S. 868 (1998).

Author: Labor & Employment Rights Code for Kickapoo Traditional Tribe of Texas. 

Published Works

"What Does The Future Hold For Severe Obesity Claims Under The ADA?", Professional Liability Defense Quarterly, Fall 2019

"Supreme Court to Decide Whether Title VII Bars LGBT Discrimination", Professional Liability Defense Quarterly, Summer 2019

"Unconscious Bias in the Workplace",  Professional Liability Defense Quarterly, Summer 2018

"Employee Non-Disclosure Agreements Post-Weinstein And #MeToo", Professional Liability Defense Quarterly, Winter 2018

"Competing Protected Classes: Another Reason for the Supreme Court to Retire the McDonnell Douglas v. Green Framework", Journal of American Law, Dec. 2015

"Breaking Bad: The EEOC's Credibility Gap", PLUS Journal, Oct. 2013

"Why are Obese Individuals Faring Better in Disability Discrimination Lawsuits?" PLUS Journal, Sept. 2012

"Is it Unlawful to Shun Unemployment Job Seekers in Recruiting and Hiring?", PLUS Journal, June 2011

"What Does Your DNA Say About You?" (with Lindsay McNutt), Dallas Bar Headnotes, Sept. 2010

"Electronic and Mobility Tools: Have You Lost Control of Your Trade Secrets?" World Intellectual Property Organization's SME Newsletter, 2009

"Ghosts of 1866: U.S. Supreme Court Confirms Breadth of Anti-Retaliation Laws Yet Again!" PLUS Journal, July 2008

"Beware! It's Open Season on ERISA Fiduciaries", Insurance Journal, May 5, 2008

"The Impending 'Sea Change' in Deferred Compensation" (with Bruce Campbell), PLUS Journal, Aug. 2007

"Are the Floodgates Open for Retaliation Claims?", PLUS Journal, Oct. 2006

"ERISA Preemption's Use to Cut Worker's Compensation Costs" (With Cynthia Stamer), Benefits Law Journal, June 1992.

Presentations

"Discrimination Beneath the Surface: Unconscious Bias & Dog Whistle Bias in the Workplace", TAB/Texas SHRM Employment Relations Symposium, July 18, 2019 (San Antonio); Brazos Valley SHRM Business Seminar, Sept. 10, 2019 (Bryan).

"Joint Employment Liability", Wage & Hour ExecuSummit, Nov. 27, 2018 (Uncasville, CT)

"Sexual Harassment in the #MeToo Era", Addison Rotary Club, April 6, 2018 (Addison); Dallas CPCU Society, Aug. 28, 2018 (Dallas)

"Cybersecurity: Preventing Disruption to You Business", ExponentHR, April 5, 2018 (Plano)

"OSHA Record-Keeping and Documentation: How to Stay in Compliance", Natl. Bus. Inst. Video Webinar, Dec. 20, 2017 (Eau Claire, Wisc.)

"Advanced Employment Law", NBI, Nov. 15, 2017 (Dallas)

"Active Shooter Risks for Businesses and Employers in Texas", CLM Education Event, Oct. 20, 2016 (Dallas); Collin County Bar Assoc., Sept. 15, 2017 (Plano) 

"Joined at the Hip? New Legal Challenges for Staffing and Franchise Relationships", TAB/Texas SHRM Employment Relations Symposium, July 21, 2016 (San Antonio)

"Employee Benefits Defined Contribution Plans Update", ABA Taxation/RPTE 2015 Joint Fall CLE Meeting, Sept. 18, 2015 (Chicago)

"OSHA Compliance Strategies for Health Care Organizations", North Tex. Health Care Compliance Professionals Assoc., Sept. 14, 2014 (Irving)

"How to Survive a Surprise OSHA Inspection", TAB/Texas SHRM Employment Relations Symposium, July 18, 2013 (San Antonio)

"Impact of the Economy on Employment Claims", Professional Liability Attorney Network, Feb. 13, 2013 (Scottsdale)

ERISA Fee Disclosure: Dawning of a New Era”, Roland/Criss, Oct. 23, 2012 (Dallas)

"Record Retention for Employers", DallasHR, Oct. 20, 2011 (Dallas)

"Strategies for Minimizing the Risk of an Employment Lawsuit", DallasHR, Aug. 24, 2011 (Dallas)

"Networking Nightmares: How Internet Social and Professional Networks are Risky Business for Carriers and Insureds", PLUS, Sept. 22 and 23, 2010 (Dallas/Houston)

"Labor & Employment Law Update", Texas Society for Healthcare Human Resources, Administration & Education, April 10, 2010 (Brenham, Tx.)

"Prevailing Wage Law in Texas", Lorman Education Services, Feb. 23, 2010 (Dallas)

"ERISA Fiduciary Liability", Professional Liability Atty. Network, Nov. 2009 (Hartford)

"Liability and the Impact of the Subprime Credit Crisis on Underwriting", PLUS, Sept. 2009 (Dallas/Houston)

"Wage & Hour Claims: Hot Topics in 2008", Dallas Assoc. of Insurance Professionals, 2008 (Dallas)

"Impact of the Economy on Employment Claims", PLUS, 2008 (Dallas)

"Wage & Hour Claims: A Practical Guide to Claim Resolution", NBI, Nov. 2006 (Dallas)

"Prevent Human Resources Claims", NBI, Feb. 2006 (Dallas/Fort Worth)

"Texas Wage and Hour Update", NBI, July 2004 (Dallas)

"OSHA Compliance Update in Texas", NBI, 2003, 1998 (Dallas)

"Internal Investigation of Employment Issues in Texas", Lorman, May 2002 (Dallas)

"Selecting and Terminating Employees in Texas", NBI, Dec. 2001 (Dallas)

"Family & Medical Leave Act in Texas", Lorman, Dec. 2000, Dec. 1999 (Dallas/Ft. Worth) 

"Unemployment Compensation and the Texas Payday Law", Lorman, June 2000, April 1999 (Dallas/Ft. Worth)

"Avoiding OSHA Citations and Liabilities in Texas", Lorman, March 2000 (Austin)

"Employment and Labor Law for Non-Profit Organizations in Texas", Lorman, May 1999 (Dallas) 

Practice Areas

Education

  • J.D., Cum Laude, Univ. of Georgia (1984)

  • B.A., Emory University (1981)

  • Mediator Certification, Northwestern University (2017)

Admissions

  • Texas (1988)

  • Georgia (1984)

  • U.S. Supreme Court

  • U.S. Court of Appeals, Fifth Circuit

  • U.S. Court of Appeals, Tenth Circuit

  • U.S. Court of Appeals, D.C. Circuit

  • U.S. District Courts, Eastern, Northern & Southern Districts of Texas

  • U.S. District Court, Northern District of Georgia 

Honors

  • Texas Super Lawyer" (2003, 2011-2019), Thomson Reuters Super Lawyers Rating Service.

  • Rating of 5.0 out of 5.0 (AV Preeminent) by Martindale-Hubbell® Peer Review Ratings™.

  • "Texas Top Rated Lawyers" (2001-2019) by Martindale-Hubbell. 

Professional Associations

  • American Bar Association

  • American Bar Foundation

  • Association of Attorney-Mediators

  • Claims & Litigation Management Alliance

  • Dallas Bar Association

  • DallasHR

  • Professional Liability Underwriting Society

  • Professional Liability Defense Federation

  • State Bar of Texas

  • Texas Association of Business

Scholarly Contributions

  • "Employment Discrimination Law", 4th Edition, 2010 Cumulative Supplement

  • "Fair Labor Standards Act", 3rd Edition, 2017, 2018 & 2019 Cumulative Supplements

Community Involvement

  • Addison Rotary Club

  • Addison Rotary Foundation 

  • Paul Harris Fellow

Work History

  • Elarbee, Thompson, Sapp & Wilson (1984-1986)

  • Gardere, Wynne & Sewell (1986-1991)

  • Chadwick, Taylor & Eisenbraun (1991-2003)

  • Campbell & Chadwick (2005-2015)

* Principal Office - Plano. By appointment only in Austin, Dallas & Oklahoma City

 

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