Shawn D. Twing

Shawn D. Twing

Partner

Amarillo, Texas
806.372.5050
stwing@mhba.com

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About

Shawn D. Twing is a partner whose expertise lies in labor and employment law matters, business transactions and agency practice. He is also a writer and speaker on labor and employment issues and hosts a labor and employment seminar at Wayland Baptist University annually.

Shawn applied his expertise in employment law to represent two California residents, and former employees of a national health care company, through a legal conflict with the state of Texas after the non-competition and non-solicitation provisions of their employment contracts were tried, despite the presence of law provisions allowing for the adoption of Texas law. Shawn helped successfully build a case arguing the validity of the provisions under California law, leading to a successful outcome for his clients.

He also extended his knowledge of employment law to guide Noble Environmental Power, LLC and Noble Services Inc. through a case testing the scope of the Americans with Disabilities’ (ADA) definition of “disability” and “regarded as” disabled under the ADAAA. This led to the successful defense of an employer after a terminated employee pressed suit.

Shawn also represented Lubbock District Court Judge, Bradley Underwood in a civil action by a former court coordinator who alleged  sexual harassment and retaliatory discharge.  The resulting opinion of this case clarified legal standards regarding the statutory definition of “complaint” for purposes of the Labor Code’s limitations provisions.

Shawn received his undergraduate degree in 1989 from West Texas State University.  He went on to earn his J.D. with honors from the University of Arkansas in Fayetteville.

Publications

  • “Title VII’s Transgender Trajectory: An Analysis of Whether Transgender People are a Protected Class under the Term ‘Sex’ and Practical Implications of Inclusion,” Vol. 15 No. 2 Tex. J. C.L. & C.R. (Spring 2010)
  • “Invoking Agency Jurisdiction in Employment Cases,” Vol. 10 Book 2 Tex. Tech Adm. L. J. (Spring 2009)
  • Contributing Author, “Fifth Circuit Survey, Labor and Employment Law,” Vol. 40 No. 3 Texas Tech L. Rev. (2008)
  • Defense Research Institute, Employment Law Form Book, Sexual Harassment Section (2002)
  • “Labor and Employment Law,” 32 Tex. Tech L. Rev. 869 (Summer 2001)
  • Circuit Symposium (2000)
  • “Recent Developments in Sexual Harassment Law – How the Rules of the Game Have Changed,” Vol. 34 No. 3 Arkansas Lawyer (Summer 1999)
  • “Drug & Alcohol Testing by Private Employers and its Relationship to Workers’ Compensation Practice in Arkansas,” The Arkansas Lawyer (Fall 1996)

Certifications/Specialties

  • Employment and Labor Law, Texas Board of Legal Specialization

Bar Admissions

State Courts
  • Texas
  • Oklahoma
  • Arkansas
Supreme Court of the United States

United States Court of Appeals, Fifth, Eighth, and Tenth Circuits United States District Court, Northern District of Texas, Eastern and Western Districts of Arkansas, Western District of Oklahoma, and the District of Colorado

Associations & Memberships

  • State Bar of Texas (Labor and Employment Section)
  • American Bar Association (member of Labor and Employment Section)
  • College of the State Bar of Texas
  • Texas Cattle Feeders Association (personnel committee)
  • Texas Panhandle Heritage Foundation (board of directors)
  • Amarillo Club (board of directors)
  • Lone Star Ballet (past president)
  • Texas Panhandle Chapter of the American Red Cross (past chairman)
  • Texas State Service Council for the American Red Cross (past member)
  • Samaritan Pastoral Counseling Service (past board member)