People: Kate L. Birenbaum, Partner

Kate L. Birenbaum

Partner

Houston
Direct: (713) 225-2343
Fax: (713) 225-2340

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Biography

In her practice Ms. Birenbaum advises clients on employment law matters, and represents them in administrative matters as well as litigation. Her focus is on complex litigation matters, and she has been involved in the defense of class actions brought under Title VII, as well as collective actions under the Fair Labor Standards Act. She also represents clients in single plaintiff cases. Ms. Birenbaum is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization.

In 2009, Ms. Birenbaum co-first chaired two employment jury trials, a week-long state court trial involving claims of trade secret theft, and a week-long federal district court trial involving claims of race discrimination and retaliation. In 2012, Ms. Birenbaum co-first-chaired a two day arbitration involving an alleged breach of an employment agreement.

Prior to joining Seyfarth, Ms. Birenbaum practiced almost exclusively in the employment arena, representing individuals under various federal and state employment and labor laws. Ms. Birenbaum also worked as a consultant to certain underwriters for Lloyd’s of London, assessing intellectual property risk.

Education

J.D., University of Houston Law Center (1993)
B.A., Smith College (1990)

Admissions

Texas

Courts

U.S. District Court for the Southern, Western, Northern, and Eastern Districts of Texas
U.S. Court of Appeals of the Fifth Circuit

Representative Engagements

Obtained summary judgment in disability discrimination case on behalf of manufacturer in federal court (2010)
Successfully overturned plaintiff’s verdict in race discrimination and retaliation case against national correctional facility company, following four day jury trial in federal court (2009)
Negotiated favorable result in post-trial mediation after co-first chairing three day federal court jury trial representing prisoner pro bono in civil rights matter (2009)
Achieved favorable verdict in trade secret theft case representing national equipment rental company, after four day jury trial in state court (2009)
Obtained summary judgment in age discrimination case on behalf of national air-conditioning and heating company in federal court (2008)
Obtained judgment including permanent injunction granted on behalf of national bank in tortious interference with contract claim in state court (2008)
Successfully negotiated resolution of Title VII retaliation claims on behalf of national hotel chain (2008)
Successfully defeated attempt by plaintiff to avoid settlement agreement following resolution of race discrimination claim in federal court (2008)
Obtained judgment including permanent injunction on behalf of national bank in tortious interference with contract claim in federal court (2007)
Received summary judgment in putative class action alleging deceptive trade practices claims against national retailer (2007)

Presentations

"An Employer’s Guide To Healthcare Reform," Houston Chapter of the Labor & Employment Committee of the American Corporate Counsel Association, Houston, Texas (May 6, 2010)
"Efforts by the Obama Administration Affecting Employment Law," Houston Chapter of the Labor & Employment Committee of the American Corporate Counsel Association, Houston, Texas (November 19, 2009)
"The Lilly Ledbetter Fair Pay Act of 2009," Houston Chapter of the Labor & Employment Committee of the American Corporate Counsel Association, Houston, Texas (May 14, 2009)
“Changes to the Family Medical Leave Act in 2009,” Seyfarth Shaw Breakfast Briefing, Houston, Texas (November 18, 2008)
“Ten Things Every Lawyer Should Know About Employment Law,” Houston Bar Association, Houston, Texas (September 29, 2006)
“Steering Clear of Common Costly Mistakes Made When Conducting Workplace Investigations,” Council on Education in Management, Houston, Texas (September 7, 2006)
“Employee Handbooks and Document Retention,” Seyfarth Shaw Compliance Boot Camp, Houston, Texas (August 29, 2006)
“Preventing Mismanagement and Improper Denial of Intermittent and Reduced Schedule Leave,” Texas FMLA Update 2005 (January 25, 2005)

Publications

“Employers: Minimize Liability and Potential Exposure to Disparate Impact Lawsuits,” Tools of the Trade, Volume 4, Issue 3 (July/August 2005)
Co-author, “Top Ten HR Mistakes and How to Avoid Them,” 1st Odyssey Group, Houston, Texas (April 28, 2005)
Co-author, “Summary Judgments and Burdens of Proof,” Advanced Employment Law Course, San Antonio, Texas (January 23, 2004)
Co-author, “Using Insurance to Leverage IP,” Intellectual Property 2001: Maximizing and Leveraging Value from IP Assets, London, England (2001)
Co-author, “The Role of Risk Management and Risk Transfer Tools in Licensing,” 2001 Licensing Executives Society Annual Meeting, Palm Desert, California (2001)

Recognition

In 2009, Ms. Birenbaum and her colleagues received the Seyfarth Shaw Pro Bono Team Award. She assisted in the representation of a Texas prisoner alleging violations of his civil rights, and co-first chaired a three-day trial in federal district court on his behalf. She also received an Honorable Mention for Seyfarth Shaw Pro Bono Associate of the Year for her work in this matter.