Scott Brutocao, J.D.

Scott-with-Courthouse

Biography

Scott Brutocao represents employers in all aspects of Labor and Employment law.  Mr. Brutocao is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization and is licensed in both Texas and California.  Mr. Brutocao’s expertise includes representing Texas and California employers in all aspects of litigation, conducting numerous jury and non-jury trials/arbitrations on a variety of legal claims in state and federal court, advising Texas and California employers on the full variety of employment-related issues, drafting and negotiating all types of employment-related agreements, reviewing and creating employee handbooks and policies, and providing training for employers on compliance with laws on virtually all employment-related subjects, from hiring to termination.

Mr. Brutocao has expertise not only in employment and labor law, but also in enforcing and defending against covenants not to compete, covenants not to solicit customers and employees, and misappropriation of trade secrets.

Mr. Brutocao litigated employment cases exclusively for employers in California prior to settling in Texas in 2000.  He is a frequent speaker at employment-related seminars, both for employers and other attorneys.  He also publishes articles on employment law issues in a variety of commercial and legal publications.

Following California, Mr. Brutocao practiced law at Brobeck, Phleger & Harrison in Austin and then founded the Austin office for national employment law firm Ogletree, Deakins, Nash, Smoak & Stewart, P.C.  After 10 years of a national practice at Ogletree, Mr. Brutocao joined the Firm in 2013.

Education and Certificates

J.D., UCLA School of Law, 1994
B.B.A., University of Notre Dame, cum laude, 1991

Board Certified in Labor and Employment law by the Texas Board of Legal Specialization

Honors & Awards

Mr. Brutocao was recognized by Best Lawyers® as Austin’s 2015 “Lawyer of the Year” in Labor and Employment Litigation.  He has been listed in The Best Lawyers in America© each year since 2008 for both Employment Law – Management and Labor and Employment Litigation.   In addition, as published by Super Lawyers Magazine and Texas Monthly, Mr. Brutocao has been named a “Texas Super Lawyer” from 2012 to 2014 in the category of Employment & Labor Law, and from 2015 to date in the category of Employment Litigation Defense.

Lectures & Presentations

Scott Brutocao is a frequent speaker on a wide range of employment-law-related topics to a diverse group of audiences, including clients, bar associations, and trade groups.  Recent speeches include:

“The Trump Effect: Get Your Entrepreneurial Client Prepared for the New Reality,” Entrepreneurial Law Bar Association – Austin – April 2017.

“Doing Business in the U.S.: Navigating Human Resources Laws and Procedures,”  Panel Member for AEM (Asociacion de Empresarios Mexicanos) – Austin – February 2017.

“California Law for Texas Employers,” a comprehensive seminar sponsored by Cornell, Smith, Mierl, & Brutocao covering the differences in employment law between California and Texas – Austin – January 2017, January 2016, and January 2015.

“New Salary Basis Rules:  What Happens Next?,” Association of Corporate Counsel, Austin Chapter, Small Law Roundtable Presentation –– Austin – December 2016.

“Background Checks: Best Practices & Legal Compliance,” a webinar sponsored by Business Management Daily – June 2016, February 2016, August 2015, May 2015.

“The Defend Trade Secrets Act,” Cornell, Smith, Mierl, & Brutocao Seminar  – Austin – June 2016.  Click here to watch the presentation.

“Covenants Not to Compete,” Association of Corporate Counsel, Austin Chapter, Small Law Roundtable Presentation – Austin – March 2016.

“California Law for Texas Lawyers,” State Bar of Texas 24th Annual Advanced Employment Law Course –Dallas – January 2016.

“Social Media and Employment Law,” Texas Minority Council Program –  Dallas – November 2013.

“Complex Leaves of Absence,” Ogletree Deakins Texas Seminar – Austin – November 2012.

“RIF Alternatives,” Ogletree Deakins Workplace Strategies Seminar – Phoenix – May 2012.

“Managing Social Media – What’s Your Strategy?,” 8th Annual Labor & Employment Law Advanced Practices (LEAP) Symposium – Las Vegas – March 2012.

“Social Media – The Debate Moves from Privacy to ‘Protected Concerted Activity’,” 8th Annual Labor & Employment Law Advanced Practices (LEAP) Symposium – Las Vegas – March 2012.

“Social Media – NLRB Action and Recent Developments,” State Bar of Texas 20th Annual Advanced Employment Law Course – Dallas – January 2012.

“Avoiding Litigation for High Growth Companies,” Venture Capital Financing Conference – Austin – October 2011.

“Where Immigration and Employment Law Collide,” Ogletree Deakins Workplace Strategies Seminar – Chicago – May 2011.

“Some of Your Business: Availability and Use of Social Media Information, ” American Bar Association National Conference on EEO Law – New Orleans – April 2011.

“Avoiding the Pitfall — Legal Issues HR Professionals Face When Hiring Employees: Americans with Disabilities Act, Genetic Information Non-Discrimination Act, Social Media, Discrimination, and Everything in Between.” Austin Human Resources Management Association – Austin – February 2011.

“Where Immigration and Employment Law Collide,” Ogletree Deakins webinar  – December 2010.

“Looking into the Future of Employment Laws Under the Obama Administration,” Austin Human Resources Management Association Legislative Action Day 2010 – Austin – September 2010.

“The Perfect Storm: Best Practices During an Economic Hurricane,” American Bar Association National Conference on EEO Law –San Antonio – March 2010.

“Pandemic Planning,” Ogletree Deakins webinar – October 2009.

“The ADA Amendments Act,” Austin Mayor’s Committee for People with Disabilities Seminar on the ADA – Austin – April 2009.

“Workplace Bullying: What Is It and Why Do We Care?,” Austin Bar Association, Labor & Employment Section Meeting – Austin – November 2008.