Jamila M. Brinson

Labor and Employment (Advice and Counsel, Investigations and Litigation)

Jamila understands that employees are her clients’ most valuable resource and she partners with clients to proactively shape their workplaces. Whether she is providing advice and counsel on urgent employment issues or day-to-day workplace concerns, guidance on the implementation of new laws or regulations in the work environment or their rights and potential claims under applicable employment laws, Jamila ensures she first understands the needs of her clients and works cooperatively with them to satisfy those needs timely.

She represents employers and management in several industries, including financial services, healthcare, manufacturing, oil and gas, and non-profit, on complex issues that arise during the employment lifecycle from hiring to termination. This includes drafting and revising employment agreements and employee handbooks and policies, advising on employee leave and wage and hour concerns, particularly FLSA compliance, defending discrimination, retaliation and harassment (ADA, ADAAA, ADEA, PDA, OWBPA, Title VII, TCHRA, Equal Pay Act) claims; employee privacy, employment-related torts, obtaining injunctive relief to enforce or defend against covenants not to compete and/or trade secret claims, and COVID-19 related issues. Jamila also conducts efficient and effective employment due diligence reviews for the sale or merger of a company. Further, she provides diversity and inclusion counseling to help companies and management conduct culture assessments and devise and implement individualized diversity and inclusion strategies, programming and/or training.

Representative Cases:

• Obtained dismissal on a Rule 12(b)(6) motion to dismiss of 8 out of 11 claims alleged by a former executive against its employer, and/or the employer’s board members and employees, including claims for alleged violations of the Older Workers Benefit Protection Act (OWBPA), ADEA and retaliation under the ADEA, and state law claims for fraudulent misrepresentation, defamation, breach of contract, promissory estoppel, intentional infliction of emotional distress, breach of fiduciary duty, ultra vires acts in violation of corporate by-laws, which resulted in successful settlement of the remaining claims;
• Successfully settled claims made by current employee against bank alleging race discrimination and national origin discrimination;
• Successfully settled claims made by current employee against bank alleging gender discrimination.
• Obtained summary judgment of racial discrimination, religious discrimination, hostile work environment, and retaliation claims against rehabilitation and healthcare center.
• Crafted retention and transition agreements for employer acquiring 50,000 new employees through buyout of another company and provided advice and counsel on the implementation of those agreements.
• Engaged as part of a two-person neutral investigation team to conduct witness interviews, analyze employment policies, and draft report for employer’s use in determining best approach to address allegations of improper behavior by law school faculty against other faculty.
• Successfully defended employer against claims made by potential beneficiaries to a deceased employee’s ERISA-governed accrued benefits, including obtaining an order from the Fifth Circuit affirming the lower court’s judgment.
• Successfully settled lawsuit on behalf of a skilled nursing facility involving claims of Title VII race discrimination.

Beyond the labor and employment area, Jamila has significant experience representing clients in a variety of litigation matters including the following:

Media, Trademark and Copyright Litigation

Jamila also enjoys defending media clients in varying litigation matters including defamation, copyright infringement, trademark violation, and unfair competition in the nature of false advertising. Her employment and commercial litigation background often proves useful to her media clients and she stands ready to provide an additional perspective on these issues when called upon to do so.

Representative Cases:

• Successfully defended television network against alleged copyright infringement claims.
• Successfully defended television network against alleged defamation claims resulting from online news story.
• Successfully defended international skincare company in an alleged trademark infringement and trade dress violation case resulting in settlement of all claims.
• Successfully defended two television production companies and an internationally known television host against unfair competition and false advertising claims brought under the Lanham Act and state law resulting in settlement of the lawsuit.

Business Disputes and Creditors’ Rights

Litigation is one of the most expensive, time consuming and stressful experiences that a business can face. Jamila is experienced in litigation, arbitration and mediation of a variety of civil business and commercial disputes, including, but not limited to breach of contract, fraud, partnership disputes, bank/lender liability, trade secrets, non-competes, oil and gas, and real estate.

Jamila also represents creditors of any size to aggressively seek what is owed. She has an uncanny knack for getting debtors to cooperate in the debt collection process and crafting creative settlements of the debt to resolve small to mid-sized disputes rather than engage in protracted litigation. However, when called for, Jamila passionately advocates for her clients before judicial and arbitral bodies to ensure their rights are well-represented.

Representative Cases:

• Successfully recovered hundreds of thousands of dollars in corporate debts owed to national insurance company.
• Extensive experience representing banks in suit on note actions as well as foreclosure litigation.
• Successfully obtained final judgment of over $3 million for large commercial entity against guarantor of a loan.
• Successfully negotiated a $100,000 settlement with debtor during early stages of AAA arbitration resulting in recovery of 90% of the debt with nominal attorneys’ fees incurred.
• Successfully defended international bank in various alleged breach of contract actions.
• Represented corporation seeking just compensation from involuntary land acquisition by the Texas Department of Transportation.

• Lawdragon 500 Leading U.S. Corporate Employment Lawyers, 2020
• Named as a 2019 Diversity Champion by the National Black Pre-Law Conference and Law School Fair
• “Top 40 Under 40,” The National Black Lawyers, 2019
• Top 50 Women Lawyers Award, National Diversity Council, 2019
• Rising Star – Employment & Labor Law, Super Lawyers – Rising Stars by Thomson Reuters, 2019-2020
• Houston Bar Association’s President’s Award, 2018

Publications

• Contributor, Lessons from Successful African American Lawyers (Cambridge, Massachusetts: Hope’s Promise Publishing, 2020)
• “National Labor Relations Board Establishes New Strategic Plan,” Jackson Walker LLP’s Labor & Employment Dispatch E-Newsletter, December 2019
• Author, Texas chapter in the Annual Employment Libel & Privacy Survey, Media Law Resource Center 50-State Survey, since 2018
• Defamation and Business Disparagement Damages, State Bar of Texas 8th Annual Damages in Civil Litigation CLE, February 2016

Speaking Engagements

• Keynote Speaker, University of Houston Law Center 2020 Diversity Pre-Law Symposium and Law School Admissions Fair (October 2020)
• “What’s Behind the Uptick in FLSA Employment Litigation in Texas?,” Jackson Walker Fast Takes Podcast (September 2, 2020)
  
• “Serving the Houston Bar Association’s AIDS Outreach Committee,” Jackson Walker Fast Takes Podcast (May 19, 2020)
  
• “Defending Non-Compete Clauses,” 5th Annual State Bar of Texas African American Lawyers Section Summit & Awards Luncheon, Houston, Texas 2020
• “Top 10 Mistakes Physician Employers Make & How to Avoid Them,” Presentation to Women Leading Medicine, Houston, Texas 2020
• “Top 10 Mistakes Employers Make & How to Avoid Them,” Jackson Walker LLP’s Annual Labor & Employment Symposium, Houston, Texas 2019
• “Diversity Leadership & Inclusion,” University of Houston Law Center’s Pre-Law Pipeline Program Diversity Speaker Panel & Awards Luncheon, Houston, Texas, 2019
• “Practicing Law: The Good, the Bad & the Ugly,” Prospective Law Student Symposium & Law School Fair, sponsored by the University of Houston Law Center’s Pre-Law Pipeline Program and National Diversity Council in recognition of Legal Diversity Week 2019
• “Whistleblowers and Retaliation: How to Prevent Getting Sued,” Jackson Walker LLP’s Labor & Employment Symposium, Dallas, Texas, 2018
• “Do Unto Others…or Else: Maintaining a Successful and Ethical Collections Practice,” Houston Bar Association Continuing Legal Education Program, 2016

• Member, HR Houston (affiliate of SHRM)
• Member, Greater Houston Black Chamber
• Member, The Downtown Group (African-American Women Attorneys practicing in Harris County, Texas)
• Board Member & Marketing Committee Member, Chinquapin Preparatory School
• Former Firm Coordinator, Houston Young Lawyers Association Annual Adopt-an-Angel Program
• Volunteer Board Chair, West Orem Family YMCA
• Coordinator, Jackson Walker Women (JW²) Houston
• Houston Bar Association AIDS Outreach Committee
  • Former Co-Chair
  • Former Member
  • Coordinator for Jackson Walker’s annual participation in the Committee’s Holiday Adopt-a-Family Drive benefitting individuals and families infected or affected by HIV/AIDS
• University of Houston Law Center Pre-Law Pipeline Program
  • Mentor
  • Guest Speaker and Presenter
• National Black Pre-Law Conference and Law School Fair, 2007-Present
  • Host Committee Member
  • Panelist
  • Moderator
  • Volunteer
• Leadership Council on Legal Diversity (LCLD), Fellows Program, 2020
• Houston Young Lawyers Association (HYLA), Leadership Academy Graduate, 2013-2014
• United States Peace Corps Volunteer, 2004-2006
  • Co-authored HIV/AIDS Behavior Change Communication manual used countrywide in Saint Lucia, Eastern Caribbean