Barry A. Moscowitz represents employers before juries and arbitrators throughout Texas in claims involving gender discrimination, racial discrimination, national origin discrimination, religious discrimination, sexual harassment, disability discrimination, and wrongful termination. Recognizing the unique nature of employment lawsuits, he strives to work with his clients to achieve creative and excellent outcomes for complicated problems. For example, he resolved a potential lawsuit by quickly getting the matter to mediation before significant expenses had been incurred, thus obtaining a favorable settlement and saving a significant amount of money for the client.
Barry serves as national counsel for a major employment practices insurer. In this capacity, he works closely with local counsel throughout the country in developing litigation and trial strategy, evaluating the case, and advising the insurer as to their potential exposure. In a recent disability discrimination and retaliation he worked closely with local counsel in preparing the case for trial and was able to negotiate a settlement during the trial that was favorable to the insurer and their insured.
As a service to his clients, Barry provides seminars and training on a variety of topics, including tort litigation, courtroom advocacy, ethics, electronic discovery rules in federal court, and Title VII claims.
- Obtained defense verdict in arbitration on behalf of a national security company involving claims of gender and race discrimination, including handling of the appeal to the 5th Circuit, which affirmed the judgment
- Obtained summary judgment in a gender discrimination claim involving allegations of failure to pay commissions, including handling of the appeal to the 5th Circuit, which affirmed the judgment
Professional and Community Activities
Speeches and Presentations
- "Navigating the Minefield: Best Practices When Terminating Employees", ACC Houston Chapter Meeting CLE, March 15, 2016
- "Employers Under Assault From the NLRB- Are You Prepared?", Ninth Annual Thompson Coe Labor & Employment Seminar, April 2015
- "Increasing Governmental Presence: How the NLRB, the EEOC, and OSHA Are Changing the Workplace" at the 14th Annual PartnerSource Employers' Conference, October 2014
- "To Subscribe or Not to Subscribe: Workers’ Compensation and Defending the Nonsubscriber Claim" Thompson Coe's Texas Litigation Update, October 2014
- "But We Don’t Have Union Employees! Why The NLRB Wants To See Your Handbook And How They Get It" Eighth Annual Thompson Coe Labor & Employment Seminar, March 2014
- "Alternatives to the Jury Trial--Pros and Cons of Mediation, Arbitration, Choice-of-Venue and Jury Waiver Agreements" Sixth Annual Thompson Coe Labor & Employment Seminar, January 11, 2012
- "Dealing With The Problem Employee" Sixth Annual Thompson Coe Labor & Employment Seminar, January 11, 2012
- "Update on Employment Law" to the Catholic Diocese of Fort Worth, November 2008
- "Workplace Violence" at the annual Thompson Coe Labor & Employment Seminar, October 2008
- "Update on Employment Law" at Daybreak’s Corporate Retreat in Las Vegas, Nevada, June 2008