Mr. Schaner has successfully tried cases for employers in both Federal and Texas courts, including:

• Defended national class action misclassification FLSA case involving officers of a mortgage company and financial institution; case successfully settled on favorable terms for the client.
• Obtained numerous temporary restraining orders and injunctions for clients in non-competition agreement, unfair competition, trade secret, Computer Fraud Abuse Act, and inevitable disclosure cases.
• Obtained a defense jury verdict for an oil and gas employer in a Texas state court, class action case in which the class plaintiffs sought $10 million in actual damages and $20 million in punitive damages. A Texas appeals court affirmed the defense
• Defended class action employment discrimination and employee benefits lawsuits by preventing class certification and obtaining summary judgment on the merits. Several of the class actions sought nationwide class certification for thousands of putative plaintiffs.
• Obtained jury verdicts for banking institutions, energy companies, and other employers on the merits of employee discrimination/wrongful discharge claims.
• Convinced a Texas appeals court to adopt the after-acquired evidence doctrine, namely, the discovery of post-discharge employee misconduct to bar an employee’s wrongful discharge claim. Jordan v. Johnson Controls, Inc., 881 S.W.2d 363 (Tex. App.··Dallas 1994).
• Convinced a Texas appeals court to reject plaintiff’s request to adopt the “cats-paw” doctrine in a workers’ compensation retaliation lawsuit under Texas law. Costello v. Bank of America, N.A., 2007 WL 4303499 (Tex. App.–Houston [14th Dist.] 2007).
• Mr. Schaner has represented pro bono clients in cases involving HIV-positive employees and immigration matters.

Obtained summary judgment and judgment as a matter of law victories in numerous published cases, including:

• Patitu v. NationsBank, N.A., 90 F. Supp.2d 781 (S.D. Tex. 2000) (granting summary judgment in national origin discrimination case).
• Tiemeyer v. Quality Publishing, Inc., 144 F. Supp. 2d 727 (S.D. Tex. 2001) (granting summary judgment in age discrimination case).
• Burgos v. Tex. Trude, et al., 286 F. Supp. 2d 812 (S.D. Tex. 2003) (granting motion to dismiss on ERISA preemption grounds).
• Bodine v. Employers Casualty Co., et al., 352 F.3d 245 (5th Cir. 2003) (affirming dismissal of ERISA lawsuit under anti-cutback and prohibited transaction ERISA provisions).
• Bourgeois v. The Pension Plan for the Employees of Santa Fe Int’/ Corps., 308 F. Supp. 2d 761 (S.D. Tex. 2004) (granting summary judgment on pension benefits claim).
• Costello v. Bank of America, N.A., 2007 WL 4303499 (Tex. App.-Houston [14th Dist.] 2007) (affirming summary judgment on workers’ compensation retaliation claim and rejecting “cat’s paw” doctrine under Texas statute).
• St. John v. NCI Bldg. Systems, Inc., 537 F. Supp. 2d 848 (S.D. Tex. 2008) (granting summary judgment on plaintiff’s ADA discrimination and retaliation claims).
• Mensa-Wilmot v. Smith International, Inc., 312 SW.3d 771, 2009 Tex. App. LEXIS 8944 (Tex. App. – [1st Dist.] Nov. 19, 2009) (affirming summary judgment for employer on plaintiff’s non-qualified stock option claims under stock option agreements).
• Young v. Merrill Lynch & Co., 658 F.3d. 436 (5th Cir. 2011) (holding that employer did not act arbitrarily, under New York law, in refusing to pay the value of unexercised stock options to former executive because the executive’s resignation was not a resignation for good reason after a change in control).
• Successfully argued over 20 cases before the Texas Courts of Appeal, and the United States Court of Appeals for the Fifth, Eighth and Ninth Circuits.

• “Common Pitfalls in Preserving the Attorney-Client Privilege and Work­ Product Protection Facing Labor, Employment, and Employee Benefits Attorneys,” New York University Review of Employee Benefits and Executive Compensation – 2013 (October 2013).
• Employment Law Survey 2011-2012, 45 Tex. Tech L. Rev. 727 (Spring 2013).
• “Everyday Attorney-Client Privilege and Work Product Ethics for Labor, Employment, and Employee Benefits Attorneys,” BNA Pension & Benefits Daily (June 28, 2013).
• Relying on Employer-Favorable Case Law Outcomes to Help Defend Against Employment Class and Collective Actions,” chapter in Inside the Minds publication, Strategies for Employment Class and Collective Actions: Leading Lawyers on Addressing Trends in Wage and Hour Allegations and Defending Employers in Class Action Litigation, Aspatore Books, (2012).
• Focus on the Workplace: “Noncompete Agreements in the Employment Context,” Employee Benefit Plan Review, Vol. 66, No. 5 (November 2011).
• Editor-in-Chief, Texas Employment Law Desk Reference (5th Ed., 2011).
• FLSA Travel Issues: “I Would Walk 500 Miles But Would I Get Paid for it?” law 360 (July 19, 2011).
• “Beware of the Claw: Implementing Mandatory Clawback Provisions in Executive Employment Agreements After Dodd-Frank,” Wolters Kluwer [Corporation Section 2, Vol. LXXXII, No. 14] (July 15, 2011).
• “The EEOC Issues Final Regulations Implementing the ADAAA,” Associated Security Services and Investigators Magazine (June 2011).
• “FLSA: Death Star Workers Were Independent Contractors,” Employee Benefit Plan Review (May 2011).
• “Electronic Communications Policies Post Quon,” Law 360 (July 21, 2010).
• “The Supreme Court Rejects Special Treatment for Title VII Pay Discrimination Claims,” Growth Magazine (May 2007).
• “Moving Forward: The Enforceability of Non-Compete Agreements Following the Texas Supreme Court’s Decision in Alex Sheshunoff,” Growth Magazine (May 2007).
• “Court Rulings Say the Workplace is not the Place for Proselytizing,” Houston Business Journal ( October 2006).
• “When Faith and Work Collide: Addressing Religious Harassment in the Workplace,” Growth Magazine (September 2006).
• “Don’t Give it all Away: Employee Confidentiality and Non-Competition Agreements,” Growth Magazine (November 2005).
• “Employers Must Ponder Dangers of ‘Second-Hand’ Harassment,” Houston Business Journal (October 2005).
• “Tips for Managers and Owners to Control and Regulate Access to Property,” Schaner, Wilson, and Carter, Houston Chapter of the Institute of Real Estate Management (March 2005) (Vol. 27 No. 3).
• “Employment Law Post-Enron: Sarbanes-Oxley,” Texas Bar Journal, (January 2002)