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Andrews Kurth LLP
Baker Botts
Thompson & Knight LLP
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23rd Annual

Conference on State and Federal Appeals

Austin Jun 13-14, 2013 Four Seasons Hotel
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Overview

UT Law's Conference on State and Federal Appeals is the premier conference on appellate practice and procedure in Texas. Now in its 23rd year, the program is designed for advanced-level civil appellate practitioners.

2013 highlights include:

    • The annual Texas Supreme Court Panel, with Chief Justice Wallace B. Jefferson and Justices Paul W. Green and Phil W. Johnson
    • Justice Nathan L. Hecht, the state's longest-serving member of the judiciary, presents Where We're From, Where We're Headed-A Senior Justice's Perspective
    • What's Appealing About the New Dismissal and Expedited Trial Rules?, with Hon. Jane Bland, Hon. William J. Boyce, and Hon. Gregory T. Perkes
    • Ward Farnsworth, Dean of The University of Texas School of Law and Reporter for the Restatement Third, Torts: Liability for Economic Harm explains key elements of the Economic Loss Rule
       
    • Hon. Carl E. Stewart, United States Court of Appeals for the Fifth Circuit, provides insight into the state of the Court for the 2013 fiscal year
Enjoy networking opportunities with fellow colleagues during the conference and with state and federal appellate judges at the traditional Friday Lunch with the Judiciary ($10 additional charge).

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Event Schedule

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

  • Day 1 June 13, 2013
  • Day 2 June 14, 2013
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, June 13, 2013
    Presiding Officer:
    Pamela Stanton Baron, Attorney at Law - Austin, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:30 am
    Welcoming Remarks

  • 8:45 am
    0.33 hr
    What Hath the Legislature Wrought?
    An overview of selected bills passed by the 83rd Legislature.

    Jerry D. Bullard, Adams Lynch & Loftin - Grapevine, TX

  • 9:05 am
    0.50 hr
    Getting the Charge Right and Charge Error Preservation
    A "real life" jury charge conference with objections and submissions.

    David Keltner, Kelly Hart & Hallman LLP - Fort Worth, TX

  • 9:35 am
    0.50 hr
    Where We're From, Where We're Headed—A Senior Justice's Perspective
    The state's longest-serving member of the judiciary examines the past, present and future of appellate courts and appellate practice.

    Hon. Nathan L. Hecht, The Supreme Court of Texas - Austin, TX

  • 10:05 am
    0.33 hr ethics
    Hidden Bombshells on Appeal: What You Must Do, and What You Should Do When Things Don't Go as Planned
    An exploration of the ethical limits of advocacy and whether it is a good idea ever to tread very close to those limits.

    Kendall M. Gray, Andrews Kurth LLP - Houston, TX

  • 10:25 am
    Break

  • 10:40 am
    1.00 hr
    What's Appealing About the New Dismissal and Expedited Trial Rules?
    A discussion of the new dismissal and expedited trial rules, as well as interlocutory appeals.

    Panelists:
    Hon. Jane Bland, First Court of Appeals - Houston, TX
    Panelists:
    Hon. William J. Boyce, Fourteenth Court of Appeals - Houston, TX
    Panelists:
    Hon. Gregory T. Perkes, Thirteenth Court of Appeals - Corpus Christi, TX

  • 11:40 am
    Lunch On Your Own

  • Thursday Afternoon, June 13, 2013
    Presiding Officer:
    Lisa Bowlin Hobbs, Kuhn Hobbs PLLC - Austin, TX
  • 1:00 pm
    0.50 hr
    The Economic Loss Rule
    The first chapter of the Restatement Third, Torts: Liability for Economic Harm discusses liability for pure economic losses caused by a defendant's negligence. Dean Farnsworth, Reporter for the Restatement Third, Torts, 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, Dean, The University of Texas School of Law - Austin, TX

  • 1:30 pm
    0.50 hr
    Vanishing Documents and Emerging Law: Spoliation in Texas
    An outline of the current issues in spoliation and the standards employed by appellate courts in reviewing spoliation decisions.

    Hon. Rebecca Simmons, Visiting Justice; former Justice, Fourth Court of Appeals - San Antonio, TX

  • 2:00 pm
    0.50 hr ethics
    Attorneys' Fees on Appeal
    Gain insight on recent cases and developments regarding the recovery of attorneys' fees on appeal.

    Phil Durst, Deats, Durst, Owen & Levy, P.L.L.C. - Austin, TX

  • 2:30 pm
    0.33 hr
    What Next? The Ins and Outs of Wrapping Up an Appeal
    Issuance of a final judgment on appeal doesn't mean the appellate lawyer's work is done. Discussion of the process of wrapping up the appeal from procedural, strategic and practical angles.

    Kirsten Castañeda, Locke Lord LLP - Dallas, TX

  • 2:50 pm
    0.50 hr
    Putting the "App" in Appellate Practice
    What are the iPad apps that can actually make the day-to-day work of appellate law easier or more enjoyable? Three appellate lawyers discuss and demonstrate.

    Panelists:
    Don Cruse, Law Office of Don Cruse - Austin, TX
    Panelists:
    Blake A. Hawthorne, The Supreme Court of Texas - Austin, TX
    Panelists:
    Richard B. Phillips Jr., Thompson & Knight LLP - Dallas, TX

  • 3:20 pm
    Break

  • 3:35 pm
    1.00 hr ethics
    Ethics Game Show
    Remember when $10,000 was real money for winning Pyramid, and Password was a game show and not how you logged into your iPhone? Watch vintage appellate lawyers compete in a vintage game show format tackling ethical issues for a full hour.

    Moderator:
    Daryl L. Moore, Daryl L. Moore, P.C. - Houston, TX
    Co-Authors:
    Sharon E. Callaway, Crofts & Callaway, P.C. - San Antonio, TX
    Jeffrey S. Levinger, Levinger PC - Dallas, TX
    Scott Rothenberg, Law Offices of Scott Rothenberg - Houston, TX

  • 4:35 pm
    0.33 hr ethics
    Ethics Scope of Representation and Engagement
    Discussion of important issues for drafting an appellate engagement agreement, including scope of work and fiduciary duty.

    Robert M. (Randy) Roach Jr., Roach & Newton - Houston, TX

  • 4:55 pm
    0.50 hr
    End-of-Day: Procedural Update
    Coverage of the most recent Texas cases and new rules of procedure affecting civil trial and appellate practices.

    Professor Elaine Grafton Carlson, South Texas College of Law - Houston, TX
    Co-Author:
    Courtney Taylor Carlson, Jackson Walker L.L.P. - Houston, TX

  • 5:25 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, June 14, 2013
    Presiding Officer:
    Elizabeth G. (Heidi) Bloch, Brown McCarroll L.L.P. - Austin, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.33 hr
    Tricks and Traps of Rule 202 Appeals
    An exploration of unsettled issues surrounding Texas's unique rule allowing pre-suit investigatory discovery.

    Jessica B. Pulliam, Baker Botts - Dallas, TX

  • 8:50 am
    0.42 hr
    Settlement on Appeal
    A practical guide to settlement on appeal, including provisions to include in a settlement agreement, what disposition should be requested from the appellate court, when remand is required, and what the appellate courts will or will not do to assist the parties in implementing a settlement.
    This session will be presented at 3:20 p.m.

    Lara H. Hollingsworth, Rusty Hardin & Associates - Houston, TX

  • 9:15 am
    0.33 hr
    Supersedeas on the Ground
    A look at the legal and practical aspects of supersedeas and judgment enforcement practice in Texas state and federal courts.

    W. Alan Wright, Haynes and Boone, LLP - Dallas, TX

  • 9:35 am
    0.42 hr
    Avoiding and Overcoming Post-Argument Remorse
    How to give your best oral argument the first time around, and how to recover when something goes wrong.

    Wade Crosnoe, Thompson Coe Cousins & Irons, LLP - Austin, TX

  • 10:00 am
    Break

  • 10:15 am
    0.50 hr
    Technological Appellate Advocate
    The new e-filing rules present both challenges and opportunities to appellate practitioners. Learn how to effectively harness technology as an advocacy tool.

    Douglas W. Alexander, Alexander Dubose & Townsend LLP - Austin, TX

  • 10:45 am
    0.50 hr
    Texas Supreme Court Update
    Update on the most recent Supreme Court cases.

    Hon. Jeffrey S. Boyd, The Supreme Court of Texas - Austin, TX

  • 11:15 am
    0.75 hr
    Texas Supreme Court Panel
    An unscripted discussion of the high Court's docket, decisions and outlook.

    Moderator:
    David M. Gunn, Beck Redden LLP - Houston, TX
    Panelists:
    Hon. Wallace B. Jefferson, The Supreme Court of Texas - Austin, TX
    Hon. Paul W. Green, The Supreme Court of Texas - Austin, TX
    Hon. Phil W. Johnson, The Supreme Court of Texas - Austin, TX

  • Friday Afternoon, June 14, 2013
    Presiding Officer:
    Elana S. Einhorn, The University of Texas School of Law - Austin, TX
  • SPONSORED LUNCH WITH THE JUDICIARY

  • 12:00 pm
    Sponsored Lunch with the Judiciary
    A unique opportunity to meet and discuss issues with members of the judiciary. Please select "Sponsored Lunch with the Judiciary" on the registration form to attend ($10.00 additional charge).


    SPECIAL THANKS TO OUR LUNCH SPONSORS
    Andrews Kurth LLP
    Baker Botts
    Thompson & Knight LLP

  • 12:50 pm
    Return to General Session

  • 1:00 pm
    0.33 hr
    State of the Fifth Circuit
    An overview of Fifth Circuit operations in the wake of budgeting and case-load challenges during the 2013 fiscal year .

    Hon. Carl E. Stewart, United States Court of Appeals for the Fifth Circuit - Shreveport, LA

  • 1:20 pm
    0.50 hr
    Fifth Circuit Update
    A practitioner-focused discussion of cases from the Fifth Circuit over the past year that affect the appellate practice.

    Marcy Hogan Greer, Fulbright & Jaworski L.L.P. - Austin, TX

  • 1:50 pm
    0.50 hr
    U.S. Supreme Court Update
    A look at the most important decisions (and impending decisions) of the current Term.

    P. Michael Jung, Strasburger & Price, LLP - Dallas, TX

  • 2:20 pm
    Break

  • 2:35 pm
    0.42 hr ethics
    Case Study: The Intersection of Legal Malpractice and Federal Jurisdiction
    How the case-within-a-case aspect of a legal malpractice claim implicates federal jurisdiction, res judicata and governance of the attorney-client relationship.

    Jane M. N. Webre, Scott, Douglass & McConnico, L.L.P. - Austin, TX

  • 3:00 pm
    0.33 hr
    Stern v. Marshall - Art I v. Art III
    A crash course on bankruptcy court jurisdiction and where Stern v. Marshall fits.

    Omar J. Alaniz, Baker Botts - Dallas, TX

  • 3:20 pm
    0.42 hr
    Federal Interlocutory Appeals and Mandamus
    The bases for interlocutory appeals and mandamus in federal court are markedly different from those in state court. Update and trends on this very active area of federal appellate practice.
    This session will be presented at 8:50 a.m.

    Dana Livingston, Alexander Dubose & Townsend LLP - Austin, TX

  • 3:45 pm
    Adjourn

  • Day 1 June 13, 2013
  • Day 2 June 14, 2013
Download Schedule

Conference Faculty

Omar J. Alaniz

Baker Botts
Dallas, TX

Douglas W. Alexander

Alexander Dubose & Townsend LLP
Austin, TX

Hon. Jane Bland

First Court of Appeals
Houston, TX

Hon. William J. Boyce

Fourteenth Court of Appeals
Houston, TX

Hon. Jeffrey S. Boyd

The Supreme Court of Texas
Austin, TX

Jerry D. Bullard

Adams Lynch & Loftin
Grapevine, TX

Sharon E. Callaway

Crofts & Callaway, P.C.
San Antonio, TX

Courtney Taylor Carlson

Jackson Walker L.L.P.
Houston, TX

Professor Elaine Grafton Carlson

South Texas College of Law
Houston, TX

Kirsten Castañeda

Locke Lord LLP
Dallas, TX

Wade Crosnoe

Thompson Coe Cousins & Irons, LLP
Austin, TX

Don Cruse

Law Office of Don Cruse
Austin, TX

Phil Durst

Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX

Ward Farnsworth

Dean, The University of Texas School of Law
Austin, TX

Kendall M. Gray

Andrews Kurth LLP
Houston, TX

Hon. Paul W. Green

The Supreme Court of Texas
Austin, TX

Marcy Hogan Greer

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

David M. Gunn

Beck Redden LLP
Houston, TX

Blake A. Hawthorne

The Supreme Court of Texas
Austin, TX

Hon. Nathan L. Hecht

The Supreme Court of Texas
Austin, TX

Lara H. Hollingsworth

Rusty Hardin & Associates
Houston, TX

Hon. Wallace B. Jefferson

The Supreme Court of Texas
Austin, TX

Hon. Phil W. Johnson

The Supreme Court of Texas
Austin, TX

P. Michael Jung

Strasburger & Price, LLP
Dallas, TX

David Keltner

Kelly Hart & Hallman LLP
Fort Worth, TX

Jeffrey S. Levinger

Levinger PC
Dallas, TX

Dana Livingston

Alexander Dubose & Townsend LLP
Austin, TX

Daryl L. Moore

Daryl L. Moore, P.C.
Houston, TX

Hon. Gregory T. Perkes

Thirteenth Court of Appeals
Corpus Christi, TX

Richard B. Phillips Jr.

Thompson & Knight LLP
Dallas, TX

Jessica B. Pulliam

Baker Botts
Dallas, TX

Robert M. (Randy) Roach Jr.

Roach & Newton
Houston, TX

Scott Rothenberg

Law Offices of Scott Rothenberg
Houston, TX

Hon. Rebecca Simmons

Visiting Justice; former Justice, Fourth Court of Appeals
San Antonio, TX

Hon. Carl E. Stewart

United States Court of Appeals for the Fifth Circuit
Shreveport, LA

Jane M. N. Webre

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

W. Alan Wright

Haynes and Boone, LLP
Dallas, TX

Planning Committee

Pamela Stanton Baron—Chair

Attorney at Law
Austin, TX

Douglas W. Alexander

Alexander Dubose & Townsend LLP
Austin, TX

Hon. Jane Bland

First Court of Appeals
Houston, TX

Hon. William J. Boyce

Fourteenth Court of Appeals
Houston, TX

Sharon E. Callaway

Crofts & Callaway, P.C.
San Antonio, TX

Kirsten Castañeda

Locke Lord LLP
Dallas, TX

Nina Cortell

Haynes and Boone, LLP
Dallas, TX

Wade Crosnoe

Thompson Coe Cousins & Irons, LLP
Austin, TX

Phil Durst

Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX

Elana S. Einhorn

The University of Texas School of Law
Austin, TX

David M. Gunn

Beck Redden LLP
Houston, TX

Blake A. Hawthorne

The Supreme Court of Texas
Austin, TX

Samara L. Kline

Baker Botts
Dallas, TX

Kurt Kuhn

Kurt Kuhn, PLLC
Austin, TX

Jeffrey S. Levinger

Levinger PC
Dallas, TX

Dana Livingston

Alexander Dubose & Townsend LLP
Austin, TX

Daryl L. Moore

Daryl L. Moore, P.C.
Houston, TX

Richard B. Phillips Jr.

Thompson & Knight LLP
Dallas, TX

Scott Rothenberg

Law Offices of Scott Rothenberg
Houston, TX

Michelle M. Turner

The University of Texas School of Law
Austin, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 12.50 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 – 12.50 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 – 15.00 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 – Jun 13-14, 2013 – Four Seasons Hotel
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $575.00 Regular pricing: Jun 7, 2013

$625.00 for registrations received after this time

Group 10% (5-9) (5 registrants minimum)
Last day for $520.00 Regular pricing: Jun 7, 2013

$570.00 for registrations received after this time

Group 20% (10+) (10 registrants minimum)
Last day for $460.00 Regular pricing: Jun 7, 2013

$510.00 for registrations received after this time

Last day for cancellation (full refund): Jun 7, 2012

$50 processing fee applied after this date

Last day for cancellation: Jun 10, 2013

Venue

speaker

Four Seasons Hotel

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

Accommodations

$240.00 good through May 13, 2013
Reserve your room online.

Parking Information

Valet parking is $16 during the day of the event and $32.50 for overnight use. Limited self-parking is available for $12 during the day of the event.

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

  • Andrews Kurth LLP logo
    Andrews Kurth LLP
    For more than a century, Andrews Kurth has built its practice on the belief that "straight talk is good business." Real answers, clear vision and mutual respect define the firm's relationships with clients, colleagues, communities and employees. With over 400 lawyers and offices in Austin, Beijing, Dallas, Houston, London, New York, Research Triangle Park, The Woodlands and Washington, DC, Andrews Kurth represents a wide array of clients in multiple industries. www.andrewskurth.com
  • Baker Botts logo
    Baker Botts
    Baker Botts is an international law firm with 725 lawyers and a network of 13 offices around the globe. Based on our broad experience and our in-depth knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. The National Law Journal placed Baker Botts Appellate Practice among the nation's elite by recognizing us on their annual Appellate Hot List in 2011. www.bakerbotts.com
  • Thompson & Knight LLP logo
    Thompson & Knight LLP
    Established in 1887, Thompson & Knight is a full-service firm providing legal solutions to public and private companies, governments, and individuals in all areas, including commercial and tort litigation and appeals, banking, finance, real estate, securities, mergers and acquisitions, taxation, corporate governance, creditors' rights, intellectual property, labor, environmental, and white-collar defense matters, among others. We are particularly recognized for our depth of experience and capabilities on behalf of clients in the energy industry, both domestically and around the world. The firm has been named the "Law Firm of the Year" in Oil & Gas Law in the 2011-2012 and 2013 editions of Best Law Firms, the preeminent listing of the nation's top legal practices published by U.S. News & World Report and The Best Lawyers in America®. Thompson & Knight has approximately 330 attorneys with offices in Texas, New York, California, and Michigan, and international offices and associations in the Americas, North Africa, and Europe. www.tklaw.com
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