Paulo has practiced in Dallas, Texas since 1992, and he has focused exclusively on representing employers in employment related litigation and other disputes and in counseling employers. Paulo has first chaired numerous employment lawsuits and arbitrations, in Texas and in other states, and has argued before federal appellate courts in Texas and California. While Paulo’s practice involves all areas of federal and state employment law, his areas of focus include noncompete and trade secret litigation, wage and hour litigation and counseling, independent contractor issues, and executive contract negotiations and disputes.
Paulo’s trade secret and noncompete practice involves representing employers on both sides of the docket. He has represented clients in seeking to enforce noncompete agreements and related obligations and in responding to enforcement actions to seek denial of injunctive or other relief. In particular, Paulo’s practice focuses on multi-jurisdictional disputes involving complex choice of law, venue, and jurisdictional issues. Paulo has written and spoken extensively on these issues and the impact of competing state laws and policies in the noncompete litigation context. In addition to litigating noncompete cases, Paulo regularly advises clients on the enforcement of noncompete provisions in various states and on drafting and negotiating noncompete agreements.
Paulo’s wage and hour practice involves defending employers in collective and single plaintiff lawsuits under the Fair Labor Standards Act and its state law equivalents. In addition, Paulo has represented clients in administrative matters before the Department of Labor and other agencies, performed wage and hour audits and exemption analyses, and advised clients on various overtime, compensation, and withholding issues.
Paulo also regularly represents clients in lawsuits and administrative proceedings in cases where independent contractors have challenged their classification and claimed employee status. Such cases have involved class or collective allegations of misclassification under the Fair Labor Standards Act or other laws, and Paulo has represented clients in class action lawsuits in Texas, Massachusetts, and California. Paulo also has defended clients before state unemployment and related agencies in a variety of states in proceedings in which independent contractors have claimed employment status and sought wage related or other employment benefits. Paulo also regularly advises clients in drafting independent contractor agreements and policies.
Paulo’s executive compensation practice involves negotiating and drafting agreements, as well as representing clients in executive termination and related cases. Paulo has represented clients in a variety of jurisdictions in these types of disputes. He regularly advises clients on matters such as the scope of “for cause” provisions, severance, and related post-termination obligations, and noncompetition and other post-employment covenants.
Experience
Representative matters
Defended national chemical manufacturer in connection with a donning and doffing collective action under the Fair Labor Standards Act in the eastern district of Arkansas. Obtained a federal settlement after reducing the scope of the class from a nationwide group to a class at a single facility.
Obtained a favorable resolution of a collective action under the Fair Labor Standards Act in federal district court in Galveston, Texas. We were able to successfully limit the collective action to a single worksite and thereafter obtained a favorable resolution on behalf of the client.
Successfully defended a noncompete enforcement action on behalf of an executive in Houston, Texas. Obtained a denial of a request for temporary injunctive relief and thereafter obtained a favorable resolution on behalf of the client. The case was filed in Houston, Texas.
Representative Experience
Defended national chemical manufacturer in connection with a donning and doffing collective action under the Fair Labor Standards Act in the eastern district of Arkansas. Obtained a federal settlement after reducing the scope of the class from a nationwide group to a class at a single facility.
Obtained a favorable resolution of a collective action under the Fair Labor Standards Act in federal district court in Galveston, Texas. We were able to successfully limit the collective action to a single worksite and thereafter obtained a favorable resolution on behalf of the client.
Successfully defended a noncompete enforcement action on behalf of an executive in Houston, Texas. Obtained a denial of a request for temporary injunctive relief and thereafter obtained a favorable resolution on behalf of the client. The case was filed in Houston, Texas.
Represented a company in a noncompete/sale of a business case in a lawsuit involving separate filings in Dallas and Wilmington, Delaware. The Delaware case was filed in federal court and, after an evidentiary hearing on NWN’s application for temporary injunction, the court ruled in NWN’ favor and ordered that the defendants cease business operations as provided for in their noncompete covenants. Thereafter, both the Delaware and Texas litigations were resolved favorably.
Obtained a summary judgment verdict in a retaliation case under the Family and Medical Leave Act in federal district in the Northern District of Texas, Dallas Division. The case was filed by a former flight attendant of Southwest and was dismissed based on a variety of arguments raised in our summary judgment motion. The district court’s grant of Southwest’s motion was affirmed by the Fifth Circuit without oral argument.
Tried an independent contractor misclassification case to verdict in Santa Clara County, California. The jury’s verdict was significantly lower than the parties’ settlement numbers and the case is currently on appeal at the Santa Clara Court of Appeals.
Obtained a favorable resolution in an independent contractor misclassification class under California law in Santa Clara County, California. The plaintiff, a former independent contractor of our client, sued under a variety of wage and hour and common law theories. After obtaining summary judgment dismissal of the bulk of her claims, we were able to resolve the matter after mediation.
Represented a national government software company in connection with a collective action under the Fair Labor Standards Act. The case was filed in Marshall, Texas in the federal Eastern District of Texas. Obtained a successful resolution after narrowing the scope of the class and claims asserted by telephone support and implementation personnel.
Obtained a favorable “walkaway” settlement in connection with a sexual harassment and retaliation case on behalf of a national cable communications provider. After plaintiff’s deposition, counsel for the plaintiff abandoned the lawsuit and agreed to a dismissal of claims. The case was pending in the federal Northern District of Texas, Dallas Division.
Obtained summary judgment dismissal of plaintiff’s claims under the Americans with Disabilities Act. The case was pending in the federal Northern District of Texas, Dallas Division. Plaintiff thereafter filed an appeal with the Fifth Circuit Court of Appeals which affirmed the district court’s summary judgment ruling.
Obtained a favorable resolution in a race discrimination case by a former manager at the company’s Fort Worth, Texas facility. Specifically, the plaintiff alleged harassment and wrongful termination on the basis of race in a case filed in the federal Northern District of Texas, Dallas Division. The lawsuit was litigated up to trial and the plaintiff agreed to a mutual walkaway rather than proceed to a jury with his claims.
Obtained a summary judgment dismissal of plaintiff’s sexual harassment claims in federal court in Fort Worth, Texas.
Obtained summary judgment dismissal of plaintiff’s independent contractor misclassification claims under California statutory and common law in federal district court in the Northern District of California. After the grant of summary judgment was appealed, argued before the Ninth Circuit Court of Appeals and obtained an affirmance of the district court’s summary judgment dismissal of plaintiff’s claims.
Successfully obtained a take nothing jury verdict after a seven day trial in Arapahoe County in Colorado on behalf of Boeing. Plaintiff asserted whistle blower and breach of employment contract claims under Colorado statutory and common law.
Recognitions
Named tothe Thomson Reuters Stand-out Lawyers (formerly Acritas Stars) list, 2023, 2025 and 2026
Ranked in Chambers USA for Texas Labor & Employment, 2022-2026
Recommended by The Legal 500 US for Labor and Employment: Labor and Employment Disputes (including Collective Actions): Defense, 2019