About

Professors David Robertson and Michael Sturley open the conference with their annual overview of recent developments in the Fifth and Eleventh Circuits and at the national level. Program highlights include economic loss claims under OPA 90, the Jones Act's effect on operations and transactions, proximate cause after CSX v. McBride, arbitration clauses—when to use them and how, the use of Coast Guard reports in litigation, and more.

The program features a judges panel on OCSLA issues including jurisdiction, choice of law, indemnity and remedies with Hon. W. Eugene Davis, U.S. Court of Appeals, Fifth Circuit; Hon. Harold R. DeMoss Jr., U.S. Court of Appeals, Fifth Circuit; and Hon. Gray H. Miller, U.S. District Court, Southern District of Texas.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Oct. 14, 2011
    Presiding Officer:
    Anacarolina Estaba, Gardere Wynne Sewell LLP - Houston, TX
  • 7:45 am
    Registration Opens

    Includes continental breakfast.
  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    1.50 hrs
    Recent Developments in Admiralty and Maritime Law at the National Level and in the Fifth and Eleventh Circuits

    David W. Robertson, The University of Texas School of Law - Austin, TX
    Michael F. Sturley, The University of Texas School of Law - Austin, TX

    This paper is the twelfth of an annual series that tries to flag everything of genuine importance nationally and everything of significant interest from the Fifth and Eleventh Circuits.
  • 10:00 am
    0.50 hr
    The Jury Trial Option in Cases of Combined Admiralty and "Law Side" Jurisdiction: Invoking and Avoiding Rule 9(h)

    Douglas C. Longman Jr., Jones Walker - Lafayette, LA

  • 10:30 am
    Break

  • 10:45 am
    1.50 hrs
    Judges Panel: OCSLA Issues

    Moderator:
    Kenneth G. Engerrand, Brown Sims, P.C. - Houston, TX
    Panelists:
    Hon. W. Eugene Davis, U.S. Court of Appeals, Fifth Circuit - Lafayette, LA
    Panelists:
    Harold R. DeMoss Jr., U.S. Court of Appeals, Fifth Circuit - Houston, TX
    Panelists:
    Hon. Gray H. Miller, U.S. District Court, Southern District of Texas - Houston, TX

    Jurisdiction, choice of law, indemnity, and remedies.
  • 12:15 pm
    Break to Pick Up Lunch

    Included in conference registration fee.
  • Friday Afternoon, Oct. 14, 2011
    Presiding Officer:
    Kenneth G. Engerrand, Brown Sims, P.C. - Houston, TX
  • Luncheon Presentation

  • 12:30 pm
    0.75 hr
    Economic Loss Claims under the Federal Oil Pollution Act of 1990: A Debate

    John C. P. Goldberg, Harvard Law School - Cambridge, MA
    David W. Robertson, The University of Texas School of Law - Austin, TX

    The federal OPA was enacted by Congress in part to provide relief to persons suffering certain forms of economic harm as a result of the release of oil into navigable waters. At question: how do you define who gets to claim?
  • 1:15 pm
    Break

  • 1:30 pm
    1.00 hr ethics
    What to Do If Your Client is Misbehaving

    William J. Chriss, Law Office of William J. Chriss, P.C., of counsel to Gravely & Pearson, L.L.P. - Austin, TX
    Bradley A. Jackson, Fugro, Inc. - Houston, TX

    Real world questions regarding ethics, the law and what your client has asked you to hide or do are discussed using a question and answer format.
  • 2:30 pm
    0.50 hr
    What the Jones Act Means to You

    David Jungman, Gardere Wynne Sewell LLP - Houston, TX

    Real world examples of how the U.S. coastwide trade laws affect operations and transactions.
  • 3:00 pm
    0.50 hr
    State of the Law after CSX v. McBride

    David M. Gunn, Beck, Redden & Secrest, L.L.P. - Houston, TX

    After several years of uncertainty about the role of proximate cause in FELA/Jones Act cases, the Supreme Court has resolved the debate. How did we get here, and what does the Court's answer mean?
  • 3:30 pm
    Break

  • 3:45 pm
    0.50 hr
    Environmental Issues Arising Out of Hydraulic Fracturing On and Near Navigable Waters

    David Matthew Bates, Gardere Wynne Sewell LLP - Houston, TX

  • 4:15 pm
    0.50 hr
    Criminalization of Seafarers: Use of Coast Guard Reports

    Reginald E. McKamie, Law Office Of Reginald E. McKamie, Sr., - Houston, TX

    Can Coast Guard records be used in litigation? How?
  • 4:45 pm
    0.50 hr
    Cutting Edge Issues in Punitive Damages

    Kenneth G. Engerrand, Brown Sims, P.C. - Houston, TX
    David W. Robertson, The University of Texas School of Law - Austin, TX
    Michael F. Sturley, The University of Texas School of Law - Austin, TX

  • 5:15 pm
    Adjourn

  • 5:40 pm
    0.00 hr ethics
    Supplemental Materials

Conference Faculty

David Matthew Bates

Gardere Wynne Sewell LLP
Houston, TX

William J. Chriss

Law Office of William J. Chriss, P.C., of counsel to Gravely & Pearson, L.L.P.
Austin, TX

Hon. W. Eugene Davis

U.S. Court of Appeals, Fifth Circuit
Lafayette, LA

Harold R. DeMoss Jr.

U.S. Court of Appeals, Fifth Circuit
Houston, TX

Kenneth G. Engerrand

Brown Sims, P.C.
Houston, TX

John C. P. Goldberg

Harvard Law School
Cambridge, MA

David M. Gunn

Beck, Redden & Secrest, L.L.P.
Houston, TX

Bradley A. Jackson

Fugro, Inc.
Houston, TX

David Jungman

Gardere Wynne Sewell LLP
Houston, TX

Douglas C. Longman Jr.

Jones Walker
Lafayette, LA

Reginald E. McKamie

Law Office Of Reginald E. McKamie, Sr.,
Houston, TX

Hon. Gray H. Miller

U.S. District Court, Southern District of Texas
Houston, TX

David W. Robertson

The University of Texas School of Law
Austin, TX

Michael F. Sturley

The University of Texas School of Law
Austin, TX

Planning Committee

David W. Robertson—Co-Chair

The University of Texas School of Law
Austin, TX

Michael F. Sturley—Co-Chair

The University of Texas School of Law
Austin, TX

Julia M. Adams

Sedgwick, Detert, Moran & Arnold LLP
Houston, TX

Matthew H. Ammerman

Law Office of Matthew H. Ammerman, P.C.
Houston, TX

Michael K. Bell

Bell, Ryniker & Letourneau, P.C.
Houston, TX

W. Robins Brice

Brice Mediation
Houston, TX

Kenneth G. Engerrand

Brown Sims, P.C.
Houston, TX

Thomas C. Fitzhugh III

Fitzhugh & Elliott , P.C.
Houston, TX

W. Garney Griggs

Strasburger & Price
Houston, TX

Michael B. Hughes

McLeod, Alexander, Powel & Apffel, P.C.
Galveston, TX

Bradley A. Jackson

Fugro, Inc.
Houston, TX

Hollis L. Levy

The University of Texas School of Law
Austin, TX

Peter A. McLauchlan

Gardere Wynne Sewell
Houston, TX

John J. Michael

Sutherland Asbill & Brennan LLP
Houston, TX

Robert H. Nicholas Jr.

Phelps Dunbar LLP
Houston, TX

John R. Pearson

Gardere Wynne Sewell LLP
Houston, TX

Steven L. Roberts

Sutherland Asbill & Brennan
Houston, TX

John C. Schwambach Jr.

Stevenson & Murray
Houston, TX

Eugene J. Silva II

Exxon Mobil Corporation
Houston, TX

Eugene J. Silva Sr.

Vinson & Elkins L.L.P.
Houston, TX

Claude Leroy Stuart III

Phelps Dunbar LLP
Houston, TX

Stephen M. Vaughan

Tucker, Vaughan, Gardner & Barnes, P.C.
Houston, TX

Wyndylyn M. Von Zharen

Texas A&M University at Galveston
Houston, TX

David R. Walker

Royston, Rayzor, Vickery & Williams LLP
Houston, TX

Credit Info

MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
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 will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Houston – Oct 14, 2011 – South Texas College of Law
Conference Concluded
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Last day for Standard Registration early registration: Oct 5, 2011

Add $50 for registrations received after this time

Last day for Green Registration - USB Key ONLY early registration: Oct 5, 2011

Add $50 for registrations received after this time

Last day for cancellation (full refund): Oct 7, 2011
Last day for cancellation (partial refund): Oct 10, 2011

$50 processing fee applied

Venue

speaker

1303 San Jacinto Street
Houston, TX
713.659.8040
Map

Parking Information

Various parking Garages and Surface lots in the Area

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