Attorney Profiles
Eliot P. Tucker
Stephen M. Vaughan
Barbara J. Gardner
Roy L. Barnes
ELIOT P. TUCKER
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- Over 25 years - Best Lawyers In America Employment Law for Individuals
- Texas Super Lawyers since its inception
- 2008 Super Lawyer Magazine rates him one of the top 100 attorneys in the Houston Region
- Top 24 Labor and Employment Lawyers in Houston Region, 2005
- Board Certified, Civil Trial Law - since 1980
E-mail: eptucker@tuckervaughan.com
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ELIOT P. TUCKER is a trial lawyer with over thirty-eight years experience trying cases involving employment, personal injury and general civil law. His practice includes negotiation and consultation. He practices in courts at all levels and has argued a case of first impression in the nation before the Texas Supreme Court. He has been certified as a Civil Trial Law Specialist by the Texas Board of Legal Specialization since 1980.
The focus of his practice is employment law. He represents executives and professionals going into and out of jobs, and he has extensive experience successfully combating covenants not to compete and recovering money for individuals who have compensation disputes. Mr. Tucker also represents women who have been sexually harassed, and people who have actually been discriminated against on the basis of their age, sex, race, national origin, color, or religion. Additionally, his practice includes representation of individuals in slander and libel cases, Sabine Pilot cases and other employment torts.
He is described by his peers as "in a class of his own" and "in court, he's a born winner," as reported in Chambers & Partners USA, America's Leading Business Lawyers, 2003-2004. He frequently lectures on employment law to other lawyers in continuing education seminars, was an Adjunct Professor of Civil Trial Advocacy at the University of Houston School of Law from 1988 to 1996, and was the 1996-1997 Chair of the Labor and Employment Law Section of the Houston Bar Association.
EDUCATION:
B.A. in Plan II Liberal Arts Honors Program, University of Texas, Austin, Texas, 1967
J.D., University of Texas, Austin, Texas, 1970
ADMISSIONS:
Admitted to practice in the United States Supreme Court, the Fifth Circuit Court of Appeals, the Southern and Eastern Districts of Texas and all courts of the State of Texas.
ORGANIZATIONS:
American Bar Association
American Board of Trial Advocates
Texas State Bar
Texas Bar Foundation - Fellow
The College of the State Bar of Texas
Houston Bar Association
Houston Bar Foundation - Life Fellow
Member, Texas State Bar Labor & Employment Law Section
LAW RELATED PAPERS AND PRESENTATIONS:
Author/Speaker: "Sweet Dreams of a Plaintiff's' Employment Trial Lawyer," delivered at The Texas Labor Letter Seminar: Managing a Work Force in 1994 Seminar - May 5, 1994
Author/Speaker: "The New Federal Rules of Civil Procedure: Their Effect on Employment Law Litigation," Second Annual Conference on Labor & Employment Law, University of Texas - May 1995
Author/Speaker: "The Top 10 Complaints of Angry Ex-Employees, By a Plaintiff's Attorney," delivered at the Council on Education in Management - Personnel Law Update at Houston, Texas - December 14, 1995
Author/Speaker: "Damages in Employment Litigation," The University of Texas School of Law Third Annual Conference on Labor and Employment Law - May 1996
Speaker/Panelist: "Impact of Conflicting Employment Laws," delivered at Texas Legislative & Employment Law Conference Sponsored by The Society for Human Resource Management State Council - July 18, 1996
Author/Speaker: "The Dream Employment Case - A Plaintiff Lawyer's Perspective," delivered at Institute of Business Law Seminar - Employment Regulations in Texas - Houston - January 21-22, 1997
Author/Speaker: "Deciding to Accept a Plaintiff's Case," delivered at South Texas College of Law Seminar: Employment Law - Everything You Ever Wanted to Know But Were Afraid to Ask - Houston, April 24-25, 1997
Author/Speaker: "Jury Charge in State and Federal Employment Cases," delivered at The University of Texas School of Law Fourth Annual Conference on Labor and Employment Law - May 1997
Author/Speaker: "How to Help the Plaintiff and Yourself Before You File Suit," delivered at The University of Texas School of Law Fifth Annual Conference on Labor and Employment Law - May 1998
Author/Speaker: "No-Evidence Summary Judgments in Texas," delivered at the 9th Annual State Bar of Texas Advanced Employment Law Course - February 2001
Speaker/Panelist: "Mediation of an Employment Dispute, from the Plaintiff's Perspective," delivered at the South Texas College of Law Mediation for Litigators - October 4, 2002
Author/Speaker: "Covenants Not to Compete in Texas," Texas Employment Lawyers Association CLE Seminar, October 9, 2003
Moderator: Panel on Rule 167 and its Impact on Employment Law Cases, held at the HBA, Labor & Employment and Litigation Joint Section Meeting, January 12, 2004
Author/Speaker: "How to Prepare During the Sixty Days Before Jury Selection," delivered at the National Employment Lawyers Association (NELA) 2004 Annual Convention, June 23, 2004
Author/Speaker: "Maximizing the Presentation of Plaintiff's Economic Expert," Texas Employment Lawyers Association CLE Seminar, October 24, 2004
Author/Speaker: “Covenants Not to Compete in Texas,”State Bar of Texas Annual Meeting, Labor and Employment Law Section, June 23, 2005
Author/Speaker: “Covenants Not to Compete in a Post-Sheshunoff World,” State Bar of Texas, 15th Annual Advanced Employment Law Course, Dallas, Texas, February 1-2, 2007
Author/Speaker: “Litigation Up to Trial,” Texas Institute of Continuing Legal Education, Cutting-Edge Employment Law Strategies: From Policies to Litigation, Houston, Texas, October 4-5, 2007
Author/Speaker: "Mediation from the Perspective of a Plaintiff's or Individual's Employment Lawyer," Annual Conference on ADR, April 30, 2010
STEPHEN M. VAUGHAN
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Tucker, Vaughan, Gardner & Barnes, P.C.
is proud to have assisted in the success of the
2009 J. H. "Buddy" Raspberry Scholarship Fund Golf Tournament
Click here for press release.
Click here for Houston Chronicle article.
STEPHEN M. VAUGHAN has been a trial lawyer since 1974. He has dedicated his career to representing the wronged against the wrongdoer. He has tried countless cases to a successful conclusion. His clients range from injured maritime workers to automobile accident victims to wrongfully discharged executives.
He is a frequent lecturer on these matters, and has taught trial advocacy at the University of Houston. He has authored and co-authored a number of books and articles on longshore, maritime, and other litigation matters.
He graduated with honors from Yale University, and from The University of Texas School of Law. He has served as president of the Texas Consumers Association, Vice President of the Houston Trial Lawyers Association and on the Board of Directors of the Texas Trial Lawyers Association.
Mr. Vaughan joined Mandell & Wright, P.C. in 1974 and served as the Managing Shareholder from 1994 to 2004. In July 2004, he founded and joined Tucker, Vaughan, Gardner & Barnes, P.C. as Managing Shareholder.
EDUCATION:
B.A. with honors, Yale University, 1969
J.D., University of Texas, Austin, Texas, 1973
ADMISSIONS:
Admitted to practice in the United States Supreme Court, the Fifth Circuit Court of Appeals, the Southern and Eastern Districts of Texas and all courts of the State of Texas.
PROFESSIONAL ACTIVITIES:
The Garland R. Walker American Inn of Court
Member of the Board of Directors, Houston Trial Lawyers Association; Past Vice President
Past Member of the Board of Directors, Texas Trial Lawyers Association
Member: Houston Trial Lawyers Association; Texas Trial Lawyers Association; American Trial Lawyers Association; Maritime Claimants Association
SELECT LAW RELATED PUBLICATIONS, ACADEMIC APPOINTMENTS AND HONORS:
Adjunct Professor, Trial Advocacy, University of Houston, 1987-1996
Frequent Author/Lecturer for the Office of Administrative Law Judges, for the United States Department of Labor, for the Industrial Claims Association, and for other groups and organizations in the area of longshore, maritime, and related litigation
Author, "Defining Injury Under the Longshore Act," Association of Trial Lawyers of America Annual Convention Coursebook, 2003
Author, "Fees for Services," The Longshore Textbook, 4th ed., Lawyers & Judges Publishing Company, Inc., 1999
Author, "Third Party Settlements After Cowart," Association of Trial Lawyers of America Annual Convention Coursebook, 1997
Author, "Concurrent Federal Jurisdiction,"Texas Workers Compensation Law, Chapter 66, Matthew Bender & Co., Inc., 1990
Author, "Serial Injuries Under the Longshore Act," ICA Coursework, Fall, 1987
Author, A Layman's Guide to Consumer Law, Houston Bar Association
Co-Author (with Steven Roberts), "Attorney's Fees under the Longshore & Harbor Workers' Compensation Act," published in Longshore Newsletter
Co-Author, Texas Litigation Primer, The Trial Advocacy Institute, University of Houston Law Center, 1996
Co-Author, "Remedies - State Tort Law and The Outer Continental Shelf Lands Act," delivered at 1987 University of Houston Law Foundation CLE Seminar, Evaluating Damages and Remedies in Maritime Personal Injury and Death Cases
Co-Author, "Retaliatory Discharge and Workers' Compensation," Association of Trial Lawyers of America Annual Convention Reference Materials, Vol. II, 1984
Sustaining Life Fellow, Houston Bar Foundation
CIVIC ACTIVITIES:
Past President, Texas Consumer Association
 Barbara Gardner being interviewed on Houston's Fox 26 News about employment issues. |
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BARBARA J. GARDNER
E-mail: bjgardner@tuckervaughan.com |
$9.76 Million Awarded to Family
Click here for press release
CAREER OVERVIEW:
BARBARA J. GARDNER graduated first in her class from South Texas College of Law in 1981, and she has built a career as a leading employment law attorney. Ms. Gardner was a partner of Mandell & Wright in the 1980's and 1990's before moving to Kansas City where she was a member of the Popham Law Firm, a nationally known employment law firm. Ms. Gardner also taught trial advocacy to third-year law students at the University of Houston Law School 1991- 1994 before moving to Kansas City. Ms. Gardner rejoined Mandell & Wright in January 2004, and in July 2004 she was one of the founding principals of TUCKER, VAUGHAN, GARDNER & BARNES.
AREAS OF EXPERTISE:
Ms. Gardner is primarily a trial lawyer, having tried numerous cases to juries as well as judges in state and federal courts with outstanding success. When it comes to attention to detail, work ethic and a passion for diligently representing clients, Ms. Gardner has no equal. She represents both employees and employers in employment matters, and she also represents injured victims in personal injury claims. Ms. Gardner's work in employment disputes includes all types of discrimination, sexual harassment, fraud and misrepresentation, breach of contract, covenants not to compete, federal and state statutory claims, and other similar employment claims. She also represents corporations in commercial disputes. Ms. Gardner's unique experience of litigating cases from both sides of the courtroom gives her a broad perspective of problems and solutions.
Further, Ms. Gardner negotiates and drafts employment contracts, severance agreements, and incentive compensation arrangements for executives. Ms. Gardner is also an accomplished appellate lawyer and mediator. Additionally, Ms. Gardner provides consulting on employment issues for individuals and companies, in-house training, and speaking engagements for professional organizations. She is a frequent speaker for the Texas Bar Association's continuing legal education program.
PROFESSIONAL MEMBERSHIP:
Ms. Gardner's memberships include the Texas State Bar Association, Houston Bar Association, National Employment Lawyers Association, Texas Employment Lawyers Association, Houston Association of Women Attorneys, Society for Human Resource Management, Women's Chamber of Commerce, and other such professional groups. Ms. Gardner was selected as a Fellow of the Texas Bar Foundation and is a member of the College of the State Bar of Texas. She is licensed to practice before all Texas state courts and is a member of the bar of the United States Courts for the Southern and Eastern Districts of Texas and the Fifth Circuit Court of Appeals.
EDUCATION:
Ms. Gardner received her B.A. in music, with highest honors, from the University of Houston in 1974 and an additional B.A. in psychology, again with highest honors, from the University of Colorado in 1975. Before going to law school, Ms. Gardner sang on stage in Houston, Denver, and New Orleans. After law school, Ms. Gardner did post-graduate work as a judicial law clerk for the Honorable Carl O. Bue, Jr., United States District Court in the Southern District of Texas.
SPEECHES AND PUBLICATIONS:
Speech: “Evaluating an Employment Case,” University of Houston Law Foundation, May 2009
Speech: “The Art of Hiring and Firing,” State Bar of Texas, Law Practice Management Course, Houston, February 2009
Speech: “Harassment, Sexual and Otherwise,” University of Houston Law Foundation, December 2008
Speech: “Dealing with the Top Dogs: A Lawyer’s Guidance,” South Texas College of Law Employment Law Conference, July 2008
Speech: “Women: Winning in the Workplace,” International Association of Administrative Professionals, May 2008
Speech: “Disclaimers, Retainers, Fee Agreements, and Circular 230,” State Bar of Texas, Law Practice Management Course, Dallas, May 2008
Speech: “Recent Developments in Discrimination Law: Age, Gender, Race, Etc., and Newer Issues From Body Art to Lifestyles,” University of Houston Law Foundation, December 2007
Paper: “Opening Statement - Getting the Jury’s Attention,” Cutting-Edge Employment Law Strategies, October 4-5, 2007
Speech: “Race, Sex & Religious Discrimination: Developments in the Law,” University of Houston Law Foundation, April 2006
Speech: "Five Keys to Employment Contracts," South Texas College of Law Annual Employment Law Seminar, July 2005
Speech: “Race, Sex & Religious Discrimination: Developments in the Law,” University of Houston Law Foundation, March 2005
Panel Discussion: "The Biggest Mistakes made by Texas Employers from the Plaintiff's Perspective," 4th Annual Employment Law Symposium, Houston Chapter of the Texas Association of Business, November 18, 2004
Speech: "Practical Aspects of the Whistle Blower's Action under Sarbanes-Oxley," Houston Chapter of the Institute of Internal Auditors, November 8, 2004
Speech: "Truth or Consequences: How to Handle Discrimination Claims," Willowbrook Rotary Club, September 17, 2004
Speech: "Avoiding Problems in the Workplace," Midtown Business Network, June 17, 2004
Speech: "Independent Contractor or Employee?" National Association of Remodelers, May 27, 2004
Speech: "Whistle Blower's Action under Sarbanes Oxley," Association for Women in Computing, May 19, 2004
Speech: “Race & Sex Discrimination: Developments in the Law,” University of Houston Law Foundation, April 2004
Speech: “You’ve Come a Long Way, Baby -- History of Laws on Sex Discrimination,” American Business Women’s Association, League City Chapter, April 13, 2004
Speech: “When Mediation Fails – A Lawyer’s Perspective,” Texas Community College Association Annual Convention, February 21, 2004
Speech: “What is Discrimination Really?” American Business Women’s Association, Houston Chapter, February 19, 2004
Speech: “Hiring and Firing the Right Way,” Willowbrook Rotary Club, February 5, 2004
Speech: “Employment Law Made Easy,” National Association of Remodelers, January 29, 2004
Speech: “What Professional Women Need to Know About Employment Law,”Women’s Chamber of Commerce of Texas, September 2003
Speech: “Race & Sex Discrimination: Developments in the Law,” University of Houston Law Foundation, March & April 2003
Speech: “Arbitration: The Trend Away From the Courthouse,”Council on Education in Management, February 2003
Speech: “Arbitration: Why Do We Need a Court System? ”University of Houston Law Foundation, September 2002
Speech: “Screening Employment Cases,” Fort Bend Bar Association Meeting, October 1999
Speech: “Analysis of Dismissal Order in Jones v. United States & William Clinton,” Practice & Procedure Committee Meeting, Missouri Bar Ass’n, May 1998
Speech: “ADA Mixed-Motive Analysis: Plaintiff’s Perspective,”Council on Education in Management, October 27, 1997
Speech: “Sexual Harassment Cases: Interviewing the Judiciary,” Kansas City Association of Women Attorneys Annual Seminar, March 4, 1997
Speech: “Wrongful Discharge: Employment Agreements and Covenants ”University of Houston Law Foundation, July 24 & August 4, 1994
Speech: “Settlement Strategies & Techniques,” Advanced Employment Law Course, State Bar of Texas, December 3, 1993
Speech: “Love American Style or Sexual Harassment”? Labor & Employment Law Seminar, South Texas College of Law, November 1993
Speech: “Warranties Under the DTPA,” Consumer & Insurance Law Institute, University of Houston Law Foundation, July 1993
Speech: “Sexual Harassment,” Houston Trial Lawyers’ Association, March 1993
Speech: “Sexual Harassment – The Plaintiff’s Perspective,” Houston Bar Association December 1992
Speech: “Settlement Strategies & Techniques,” Advanced Employment Law Course, State Bar of Texas, November 1992
Publication: “Toxic Torts and Strict Liability,” Houston Bar Journal, July-August 1992
Publication: “The Amorphous Jones Act Seaman,” Houston Bar Journal, January 1988
Publication: “Seller’s Damages Under the UCC: Refinement by Nobs Chemical, ”21 South Texas Law Journal 249, 1980
Publication: “Article 5236f: An Interpretation of the New Texas Landlord and Tenant Act, ”20 South Texas Law Journal 343, 1979
ROY L. BARNES
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E-mail: rbarnes@tuckervaughan.com
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From 1978 to 1990, Mr. Barnes worked in the oil and gas industry for various exploration and production companies as an industry accountant. He received his law license in 1989 and began practicing law in 1990. Since then, his practice has been primarily in the areas of commercial litigation and appeals with particular emphasis on oil and gas matters. Mr. Barnes has represented producers, royalty owners, overriding royalty owners, and end users. He has litigated matters involving oil and gas leases, pooling clauses, gas purchase agreements, operating agreements, drilling contracts, preferential rights to purchase, title issues, and areas of mutual interest to name a few.
A lesser, but still substantial, portion of his practice has involved representation in connection with the preparation and review of oil and gas transaction documents, primarily for producers, but also for royalty owners. Mr. Barnes has represented clients in connection with both the acquisition and the divestiture of oil and gas properties. He has also represented and advised clients in connection with negotiating and drafting of drilling contracts, oil and gas leases, gas purchase contracts, and property purchase and sale agreements to name a few.
In addition to the transactional and appellate practice areas, Mr. Barnes also has experience in negotiating employment agreements and various business contracts. As a result, Mr. Barnes has earned an outstanding reputation, combining his oil and gas work and corporate and commercial law skills.
Mr. Barnes currently holds an "AV" rating with Martindale-Hubbell, which is its highest rating, and is based on evaluation by his peers in the legal profession. Mr. Barnes is also listed in the Bar Register of Preeminent Lawyers.
PROFESSIONAL EXPERIENCE:
2004 to present Tucker, Vaughan, Gardner & Barnes, P.C. Commercial litigation and appeals emphasizing oil and gas and employment law matters
2001 to 2004 Roy L. Barnes, Attorney at Law. Commercial litigation and appeals emphasizing oil and gas and employment law matters
1990 to 2000 Pannill, Moser & Barnes. Complex commercial litigation, arbitration and appeals
EDUCATION:
B.S., University of Houston, Clear Lake, 1978
J.D., with honors, University of Houston, 1989
ADMISSIONS:
Licensed to practice law in the State of Texas, U.S. Court of Appeals, Fifth and Tenth Circuits, U.S. District Court, Southern District of Texas; U.S. Court of Federal Claims
PUBLISHED CASES:
Southeastern Pipe Line Co. v. Tichacek, 997 S.W.2d 166 (Tex. 1999).
Trammel Crow Co. v. Harkinson, 944 S.W.2d 631 (Tex. 1997).
City of Houston v. Fletcher, 166 S.W.3d 479 (Tex. App.-Eastland 2005).
Tesoro Petroleum Corp. v. Nabors Drilling U.S.A., Inc., 106 S.W.3d 118 (Tex. App. - Houston [1st Dist.] 2002).
North Central Oil Corp. v. Louisiana Land & Exploration Co., 22 S.W.3d 572 (Tex. App. - Houston [1st Dist.] 2000).
Moncrief v. ANR Pipeline Co., 95 S.W.3d 544 (Tex. App. - Houston [1st Dist.] 2002).
Moncrief v. Williston Basin Interstate Pipeline Co., 174 F.3d 1150 (10th Cir. 1999).
Southeastern Pipe Line Co. v. Tichacek, 977 S.W.2d 393 (Tex. App. - Corpus Christi 1998).
Harkinson v. Trammel Crow Co., 915 S.W.2d 28 (Tex. App. - Dallas 1995).
Nicor Explor. Co. v. Florida Gas Trans. Co., 911 S.W.2d 479 (Tex. App. - Corpus Christi 1995).
Quanto Int'l Co. v. Lloyd, 897 S.W.2d 482 (Tex. App. - Houston [1st Dist.] 1995).
Thorpe v. Volkert, 882 S.W.2d 592 (Tex. App. - Houston [1st Dist.] 1994.
PROFESSIONAL ACTIVITIES:
Houston Bar Association
State Bar of Texas
American Institute of Certified Public Accountants
Associate Editor, Houston Law Review, 1986-1987
SPEECHES:
Author/Speaker: “Covenants Not to Compete in a Post-Sheshunoff World,” State Bar of Texas, 15th Annual Advanced Employment Law Course, Dallas, Texas, February 1-2, 2007
PUBLISHED PAPERS:
Employment Covenants Not to Compete in Texas, presented June 2005 State Bar of Texas Annual Meeting Labor and Employment Law Section
Covenants Not To Compete in Texas, presented October 2003 National Employment Lawyers Association (Houston Chapter)
"No Evidence" Summary Judgments in Texas, presented February 2001 State Bar of Texas, 9th Annual Advanced Employment Law Course
Deducting Post-Production Costs from Royalties, presented May 2000 Petroleum Accountants Society of Houston Eleventh Annual Education Day