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36th Annual

Page Keeton Civil Litigation Conference

Austin Oct 25-26, 2012 Four Seasons Hotel
Conference Concluded
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Overview

Join leading commercial litigators, district judges and law professors at the 36th Annual Page Keeton Civil Litigation Conference at the Four Seasons Hotel in Austin.

The 2012 program provides updates and analysis of important developments in civil litigation practice, with substantive coverage of practice tips, advocacy strategies and important trends. Highlights include:

  • The Economic Loss Rule—Ward Farnsworth, Dean of UT Law School, is Reporter for the Restatement (Third) Torts: Liability for Economic Harm

  • Analysis of recent cases affecting Texas civil litigation practice

  • Developments in privilege, motions to dismiss, damages, and Rule 202 pre-suit depositions

  • Tactics and techniques for pleading cases before juries and effective use of technology, website resources and discovery

  • Current issues in liability insurance coverage, especially problems under the Stowers Doctrine

  • Legal malpractice and the effect of tort reform on medical malpractice

  • Cutting edge topics including data mining, personal jurisdiction in the internet age and new emerging business torts

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 October 25, 2012
  • Day 2 October 26, 2012
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Oct. 25, 2012
    Presiding Officer:
    William J. Chriss, Gravely & Pearson, L.L.P. - Austin, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • 9:00 am
    0.50 hr
    Texas Civil Procedure Update: A Look At Recent Decisions and New Rules of Procedure
    A focus on recent judicial decisions and recent modifications to the Texas Rules of Civil Procedure. A written comprehensive review of recent case law is included as a handy reference tool for practitioners.

    Elaine Grafton Carlson, South Texas College of Law - Houston, TX

  • 9:30 am
    0.50 hr
    Deposition Strategies
    Practical strategies and tips for deciding who should be deposed and how they should be deposed, and what cards to play in depositions and what cards to save for trial.
    This session will be presented on Friday at 10:45 a.m.

    Quentin Brogdon, The Law Offices of Frank L. Branson, P.C. - Dallas, TX

  • 10:00 am
    0.50 hr
    Legislative Update: Motions to Dismiss, Expedited Jury Trials and Responsible Third Parties
    A discussion of rule changes arising from the last legislative session, including dismissal practice and the trial of cases involving less than $100K in controversy, as well as the profound changes in responsible third-party practice.

    David E. Chamberlain, Chamberlain McHaney - Austin, TX
    W. Bradley Parker, Parker McDonald Law - Bedford, TX

  • 10:30 am
    Break

  • 10:45 am
    0.50 hr
    0.25 hr ethics
    The Scope of the Work Product Doctrine and Attorney-Client Privilege under Texas Law
    The different standards and best practices to preserve privilege and overcome privilege assertions in state court versus federal court, including the discoverability of post-accident investigations, when the work product doctrine is triggered, the duty to preserve evidence, the differences between "core" work product and "ordinary" work product, the ordinary course of business and the substantial need/undue hardship exceptions to the work product doctrine, and privilege logs and burdens of proof. Ethical considerations for attorneys when advising their clients on investigations are addressed, as well as information preservation and production, especially in the gray areas.

    John F. Sullivan III, Watt Beckworth Thompson Henneman & Sullivan LLP - Houston, TX

  • 11:15 am
    0.50 hr
    0.25 hr ethics
    Pre-Suit Depositions under Rule 202: A Survey of Hot Button Issues
    Texas Rule of Civil Procedure 202 allows parties to petition for, and courts to grant, pre-suit depositions. In recent years, this discovery tool is being employed with increasing frequency and is generating substantial litigation. Both litigants and Texas courts are struggling with various issues concerning the application of the Rule, including what types of pre-suit depositions may be taken, what a petitioner must prove to obtain pre-suit depositions and whether document production may also be ordered under Rule 202. A look at Rule 202’s history and a survey of Texas law on hot button Rule 202 issues.     

    Sean D. Jordan, Sutherland Asbill & Brennan LLP - Austin, TX

  • 11:45 am
    0.50 hr ethics
    Texas Legal Malpractice: Where Are We Today?
    A review of changes in Texas legal malpractice over the past ten years, and why those changes happened.

    Stephen E. McConnico, Scott Douglass & McConnico, L.L.P. - Austin, TX

  • 12:15 pm
    Lunch on your Own

  • Thursday Afternoon, Oct. 25, 2012
    Presiding Officer:
    Jim M. Perdue Jr., Perdue Kidd & Vickery - Houston, TX
  • 1:30 pm
    0.75 hr
    Lessons From the Courtroom Trenches
    Learn from the expert—trial tactics and courtroom techniques for pleading cases before juries, with a focus on opening statements, closing statements and cross examinations.

    Anthony Douglas Drumheller, Rusty Hardin & Assoc - Houston, TX

  • 2:15 pm
    0.50 hr
    The Economic Loss Rule
    Dean Farnsworth is Reporter for the Restatement Third, Torts: Liability for Economic Harm. The first chapter of that project discusses liability for pure economic losses caused by a defendant’s negligence. He explains the Restatement’s handling of this famously confusing area, in particular the line of separation between claims sounding in contract and tort.

    Ward Farnsworth, The University of Texas School of Law - Austin, TX

  • 2:45 pm
    0.50 hr ethics
    Third-Party Arbitration Practice
    Forcing third parties to participate in an arbitration proceeding may not be as easy as some lawyers assume. Learn the difference between third-party discovery rights under Texas and federal law and when non-signatories can be compelled to arbitration.

    Adam Troy Schramek, Fulbright & Jaworski L.L.P. - Austin, TX

  • 3:15 pm
    Break

  • 3:30 pm
    0.50 hr
    Needles in a Haystack: Tools and Techniques for Searching Large Document Sets
    E-discovery is here to stay and tools and techniques exist, with new ones being developed, to help lawyers meet the challenge of finding key information in today's massive electronic productions. A look into the promise of the "Easy Button" with predictive coding, as well as the use of technology tools and simple search methodologies to assist in locating the needles in the haystack.
     

    Eric P. Mandel, Zelle Hofmann Voelbel & Mason LLP - Minneapolis, MN

  • 4:00 pm
    1.00 hr
    Insurance—Show Me the Money!
    Too often cases either don’t settle or settle unfavorably because the plaintiff or defense lawyer—or both—don’t know what they should about liability insurance coverage issues. Current issues in liability coverage, especially Stowers problems, are addressed.

    Moderator:
    William J. Chriss, Gravely & Pearson, L.L.P. - Austin, TX
    Panelists:
    Timothy Micah Dortch, Cooper & Scully, P.C. - Dallas, TX
    Panelists:
    Michael W. Huddleston, Shannon, Gracey, Ratliff & Miller LLP - Dallas, TX
    Panelists:
    Philip K. Maxwell, Attorney at Law - Austin, TX

  • 5:00 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Oct. 26, 2012
    Presiding Officer:
    Jim M. Perdue Jr., Perdue Kidd & Vickery - Houston, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.50 hr
    Texas Jury Charge Practice—From the Bar To the Bench and On Appeal
    A review of the methods and strategies involved in jury charge preservation and recent cases on jury charge issues.

    Hon. Harvey G. Brown Jr., First Court of Appeals - Houston, TX
    Melissa Michelle Davis, First Court of Appeals - Houston, TX

  • 9:00 am
    0.50 hr
    Products Liability Update
    An important area for products liability cases has become auto defects in the areas of crashworthiness, defective tires, air bags and seat belts. Hear about the cases that arise, defenses and outcomes of products liability cases concerning autos as well as other consumer products.

    John Blaise Gsanger, The Edwards Law Firm LLP - Corpus Christi, TX

  • 9:30 am
    0.50 hr
    The Admissibility of Electronic Evidence
    Learn how to get your electronic evidence into evidence and keep your opponent’s electronic evidence out.

    Steven Goode, The University of Texas School of Law - Austin, TX

  • 10:00 am
    0.50 hr
    A Refresher and Update on Constructing and Proving Damages
    Useful tips on when and how to most effectively present and prove damages, primarily in the commercial context.

    Greg F. Hallman, The University of Texas at Austin, McCombs School of Business - Austin, TX
    Paul D. Trahan, Fulbright & Jaworski, L.L.P. - Austin, TX

  • 10:30 am
    Break

  • 10:45 am
    0.50 hr
    Top Emerging Issues in Business Torts That Every Lawyer Should Know
    Recent Texas Supreme Court cases are used to examine major issues in business torts—fiduciary litigation, whether parties can contract away their own fraud, the application of proximate cause, the impact of arbitration on business torts, forum selection clauses and new changes in the law, a new tort of conversion, and new remedies.
    This session will be presented on Thursday at 930 a.m.

    Brian Patrick Lauten, Attorney at Law - Dallas, TX

  • 11:15 am
    1.00 hr
    The Art of Persuasion: Understanding the Role of Evolution, Perception and Memory on How People Make Decisions
    Studies from a wide variety of non-legal sciences inform new thoughts on the functioning of the human brain. Trial lawyers can benefit from consideration of insights from neuroscience, sociology and economics in crafting more persuasive and memorable presentations to decision-makers.

    Charles Herring Jr., Attorney at Law - Austin, TX
    Jim M. Perdue Jr., Perdue Kidd & Vickery - Houston, TX

  • 12:15 pm
    0.50 hr
    Personal Jurisdiction in the Internet Age
    A practical look at the effect global commerce and communications have had on the question of personal jurisdiction in Texas.

    Karen C. Burgess, Attorney at Law - Austin, TX

  • 12:45 pm
    Pick Up Lunch
    Included in conference registration.

  • Friday Afternoon, Oct. 26, 2012
    Presiding Officer:
    Quentin Brogdon, The Law Offices of Frank L. Branson, P.C. - Dallas, TX
  • Luncheon Presentation

  • 1:00 pm
    0.50 hr
    The Causes and Effects of Texas' Restrictions on Medical Malpractice Lawsuits
    Texas adopted extensive restrictions on medical malpractice lawsuits in 2003. Using an enormous dataset of closed claims maintained by the Texas Department of Insurance, academic researchers have studied the causes and effects of this legislation. Was the legislation a response to a crisis of claims, skyrocketing jury verdicts or an exodus of physicians from the state? Did the restrictions discourage claiming, reduce healthcare spending, improve Texans’ access to healthcare or save physicians and hospitals money? The answers may surprise you.

    Charles M. Silver, The University of Texas School of Law - Austin, TX

  • 1:30 pm
    Break

  • 1:45 pm
    0.50 hr
    Economic Loss Rule Developments: A Review of Recent Texas Cases
    An analysis of recent Texas cases that have addressed aspects of the economic loss rule, including Sharyland Water Supply v. City of Alton and El Paso Marketing v. Wolf Hollow.

    James E. Wren, Baylor Law School - Waco, TX

  • 2:15 pm
    0.50 hr
    0.25 hr ethics
    The New Texas Anti-SLAPP Statute: Important Issues in Business Tort Litigation
    In 2011, the Legislature passed a law that creates a new dispositive motion and interlocutory appeals in cases involving communications. Learn about the operation and applicability of the law, its legislative history and evidentiary and procedural traps for the practitioner.

    Mark C. Walker, Cox Smith Matthews Incorporated - El Paso, TX

  • 2:45 pm
    0.50 hr ethics
    Hitchhiker's Guide to Fiduciary Duty
    Pack your "backpack" with the essentials of fiduciary duty law, including the scope of the duty, shifting burdens of proof, actual damages and equitable recoveries, and case law trends.

    Hon. Renee Forinash McElhaney, 73rd Civil District Court - San Antonio, TX

  • 3:15 pm
    1.00 hr
    0.25 hr ethics
    60 Tips in 60 Minutes
    An experienced judge, patent prosecutor and trial attorney take turns outlining their fun tips involving civil litigation from plaintiff and defendant perspectives, including effective use of technology, website resources and discovery.

    Hon. Sharon Sue McCally, Fourteenth Court of Appeals - Houston, TX
    Antony P. Ng, Yudell Isidore Ng Russell PLLC - Austin, TX
    Eric Wolf Pinker, Lynn Tillotson Pinker & Cox LLP - Dallas, TX

  • 4:15 pm
    Adjourn

  • Day 1 October 25, 2012
  • Day 2 October 26, 2012
Download Schedule

Conference Faculty

Quentin Brogdon

The Law Offices of Frank L. Branson, P.C.
Dallas, TX

Hon. Harvey G. Brown Jr.

First Court of Appeals
Houston, TX

Karen C. Burgess

Attorney at Law
Austin, TX

Elaine Grafton Carlson

South Texas College of Law
Houston, TX

David E. Chamberlain

Chamberlain McHaney
Austin, TX

William J. Chriss

Gravely & Pearson, L.L.P.
Austin, TX

Melissa Michelle Davis

First Court of Appeals
Houston, TX

Timothy Micah Dortch

Cooper & Scully, P.C.
Dallas, TX

Anthony Douglas Drumheller

Rusty Hardin & Assoc
Houston, TX

Ward Farnsworth

The University of Texas School of Law
Austin, TX

Steven Goode

The University of Texas School of Law
Austin, TX

John Blaise Gsanger

The Edwards Law Firm LLP
Corpus Christi, TX

Greg F. Hallman

The University of Texas at Austin, McCombs School of Business
Austin, TX

Charles Herring Jr.

Attorney at Law
Austin, TX

Michael W. Huddleston

Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX

Sean D. Jordan

Sutherland Asbill & Brennan LLP
Austin, TX

Brian Patrick Lauten

Attorney at Law
Dallas, TX

Eric P. Mandel

Zelle Hofmann Voelbel & Mason LLP
Minneapolis, MN

Philip K. Maxwell

Attorney at Law
Austin, TX

Hon. Sharon Sue McCally

Fourteenth Court of Appeals
Houston, TX

Stephen E. McConnico

Scott Douglass & McConnico, L.L.P.
Austin, TX

Hon. Renee Forinash McElhaney

73rd Civil District Court
San Antonio, TX

Antony P. Ng

Yudell Isidore Ng Russell PLLC
Austin, TX

W. Bradley Parker

Parker McDonald Law
Bedford, TX

Jim M. Perdue Jr.

Perdue Kidd & Vickery
Houston, TX

Eric Wolf Pinker

Lynn Tillotson Pinker & Cox LLP
Dallas, TX

Adam Troy Schramek

Fulbright & Jaworski L.L.P.
Austin, TX

Charles M. Silver

The University of Texas School of Law
Austin, TX

John F. Sullivan III

Watt Beckworth Thompson Henneman & Sullivan LLP
Houston, TX

Paul D. Trahan

Fulbright & Jaworski, L.L.P.
Austin, TX

Mark C. Walker

Cox Smith Matthews Incorporated
El Paso, TX

James E. Wren

Baylor Law School
Waco, TX

Planning Committee

William J. Chriss—Co-Chair

Gravely & Pearson, L.L.P.
Austin, TX

Thomas H. Cook Jr.—Co-Chair

Zelle Hofmann Voelbel & Mason LLP
Dallas, TX

Jim M. Perdue Jr.—Co-Chair

Perdue Kidd & Vickery
Houston, TX

Quentin Brogdon

The Law Offices of Frank L. Branson, P.C.
Dallas, TX

Karen C. Burgess

Attorney at Law
Austin, TX

Elaine Grafton Carlson

South Texas College of Law
Houston, TX

Rachel Giesber Clingman

Sutherland Asbill & Brennan LLP
Houston, TX

Steven Goode

The University of Texas School of Law
Austin, TX

Philip K. Maxwell

Attorney at Law
Austin, TX

Adam Troy Schramek

Fulbright & Jaworski L.L.P.
Austin, TX

John F. Sullivan III

Watt Beckworth Thompson Henneman & Sullivan LLP
Houston, TX

Kent C. Sullivan

Sutherland Asbill & Brennan LLP
Houston, TX

Mark C. Walker

Cox Smith Matthews Incorporated
El Paso, TX

James E. Wren

Baylor Law School
Waco, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 13.25 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil Trial Law, Personal Injury Trial Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 13.25 hrs  |  2.50 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 15.50 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – Oct 25-26, 2012 – Four Seasons Hotel
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $555.00 Regular pricing: Oct 17, 2012

$605.00 for registrations received after this time

Green Registration - USB Key ONLY
Last day for $550.00 Regular pricing: Oct 17, 2012

$600.00 for registrations received after this time

Last day for cancellation (full refund): Oct 19, 2012

$50 processing fee applied after this date

Last day for cancellation: Oct 22, 2012

Venue

speaker

Four Seasons Hotel

98 San Jacinto Boulevard
Austin, TX 78701-4082
512-478-4500 (reservations)
Map

Accommodations

$245.00 good through Sep 23, 2012

Parking Information

Valet parking is $16 during the day of the event and $32.50 overnight. Limited daily self-parking is available for $14 during the day of the event.

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