University of Texas School of Law
18th Annual
Conference on State and Federal Appeals
Austin May 29-30, 2008 Four Seasons Hotel
Conference Concluded
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UT Law CLE

2008 Conference on State and Federal Appeals

Program Features
Designed for advanced-level civil appellate practitioners, this conference has earned a reputation as the premier conference on appellate practice and procedure in Texas. Several hundred practitioners, briefing attorneys, and members of the judiciary will gather to hear presentations by many of the most respected appellate practitioners and jurists. Rounded out by the very popular "lunch with the judiciary," this conference is a must for every Texas civil appellate practitioner.

UT Law CLE

2008 Conference on State and Federal Appeals

12/15/19
Schedule

Thursday Morning, May 29, 2008

Presiding Officer:
Pamela Stanton Baron, Attorney at Law - Austin, TX

8:00 am
Registration Opens

Includes continental breakfast.

8:35 am
Welcoming Remarks

8:45 am

0.42 hr

Recent Developments in Arbitration

A look at recent developments limiting attacks on arbitration awards with a focus on effective challenges that remain viable.

PLEASE NOTE: This session was previously scheduled for Thursday at 8:45 a.m.

Christopher D. Kratovil, K&L Gates LLP - Dallas, TX

9:10 am

0.50 hr

Procedure Update

An update of case law affecting Texas civil procedure with an emphasis on decisions implicating appellate practice.

Elaine A. Carlson, South Texas College of Law - Houston, TX

9:40 am

0.33 hr

Jury Charge Update

Are recent significant jury charge decisions reconcilable? An examination of the case law with tips for navigating the charge when the law is not entirely clear.

Daryl L. Moore, Attorney at Law - Houston, TX

10:00 am

0.50 hr

Findings of Fact and Conclusions of Law: An Exercise in Frustration

Are findings and conclusions really all that helpful or do they just get in the way on appeal? A look at common problems and how to minimize their impact on your mental health and chances of success on appeal.

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

10:30 am
Break

10:45 am

0.67 hr

Sovereign Immunity/Statutory Construction

An unrestrained, no-holds-barred analysis of recent cases and trends involving governmental immunity and statutory construction and how they affect both sides of our appellate practice.

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

11:15 am

0.42 hr

The Supremes and the Supremacy Clause: A New Heyday for Federal Preemption under the Roberts Court?

A look at recent decisions from the U.S. Supreme Court and how they impact practice in the Texas courts.

Co-Authors:
Stephanie Coon, Baker Botts LLP - Houston, TX
Co-Authors:
Trisha English, Baker Botts - Houston, TX
Thomas R. Phillips, Baker Botts L.L.P. - Austin, TX

11:40 am

0.50 hr

Has the Fat Lady Sung? Punitive Damages in an Age of Tort Reform

An exploration of developments in the law of punitive damages in the wake of the U.S. Supreme Court's decision in Philip Morris v. Williams, from both the plaintiff and the defense perspectives.

J. Brett Busby, Bracewell & Giuliani LLP - Houston, TX
Brent M. Rosenthal, Baron & Budd P.C. - Dallas, TX

Thursday Afternoon, May 29, 2008

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

12:10 pm
Lunch on your Own

1:55 pm

0.92 hr
0.50 hr ethics

Ethical Pitfalls for the Appellate Lawyer

Public and private reprimands, suspensions, disbarments, legal malpractice lawsuits, fee forfeiture proceedings, and damage to professional reputation. These are just seven out of the top ten reasons you shouldn't miss this timely review of cutting-edge ethical issues that are of particular interest to appellate attorneys.

Scott Rothenberg, Law Offices of Scott Rothenberg - Houston, TX

2:50 pm

0.67 hr

Oral Argument: Anticipating and Handling the Tough Questions at the Supreme Court of Texas

An examination of the types of questions frequently asked, the justices who ask them, and strategies for responses, as demonstrated by video clips from recent arguments before the court.

Dana Livingston, Alexander Dubose & Townsend LLP - Austin, TX
Amy Schumacher, The Supreme Court Of Texas - Austin, TX

3:30 pm
Break

3:45 pm

0.50 hr

Mandamus: Not a Four Letter Word

AIU and Prudential marked turning points in the way the Texas Supreme Court thinks about and applies mandamus as a procedural tool. But has the viewpoint filtered its way down to the courts of appeals, and how should practitioners adjust their approach accordingly?

Kurt Kuhn, Brown McCarroll, L.L.P. - Austin, TX

4:15 pm

0.33 hr

Effective Strategies for Representing Appellees

Cross-points, cross-appeals, and other strategies for appellees to hold on to trial court victories in the court of appeals.

Anne M. Johnson, Haynes and Boone, LLP - Dallas, TX

4:35 pm

0.75 hr
0.25 hr ethics

Practice Before the Courts of Appeals: Short Topics

Three justices from three courts of appeals focus on aspects of practice before their courts.

Challenging a civil contempt order: Hon. David Gaultney, Beaumont, TX
Avoidable and unavoidable reversals: Hon. Jane Bland, Houston, TX
Effective motions for rehearing: Hon. Jan P. Patterson, Austin, TX

Hon. Jane Bland, 1st Court of Appeals - Houston, TX
Hon. David B. Gaultney, 9th Court of Appeals - Beaumont, TX
Hon. Jan P. Patterson, 3rd Court of Appeals - Austin, TX

5:20 pm
Adjourn

Friday Morning, May 30, 2008

Presiding Officer:
Hon. Diane M. Henson, 3rd Court of Appeals - Austin, TX

8:45 am

0.33 hr ethics

Lead Appellate Counsel Opportunities: The Pro Bono Pilot Projects

The State Bar Appellate Section has initiated pilot programs in which the Supreme Court of Texas and the Third Court of Appeals can identify cases where pro bono assistance would be helpful to the court. Find out how you can volunteer, gain experience with the help of a mentor, meet certification requirements, and help others all at the same time.

Marcy Hogan Greer, Fulbright & Jaworski L.L.P. - Austin, TX
Jeffrey S. Levinger, Hankinson Levinger LLP - Dallas, TX

9:05 am

0.33 hr

Attorney's Fees Update

Can you get them? Can you keep them? An examination of recent developments and ethical considerations affecting the recovery of attorney's fees in state court.

Ronald C. Lewis, Marshall & Lewis, LLP - Houston, TX

9:25 am

0.42 hr ethics

When Advocacy Becomes Unethical

In both the trial court and on appeal, an advocate can cross the line. A district judge with the power to sanction offers advice on how to locate the line and stay on the ethical side.

PLEASE NOTE: This session was previously scheduled for Friday at 9:20 a.m.

Hon. Sharon Sue McCally, 334th District Court, Harris County - Houston, TX

9:50 am

0.50 hr

Petition Practice Before the Supreme Court of Texas: A Decade Under the New Rules

Based on input from the justices and their staff, a look at developments in the petition process over the last 10 years, with a focus on the evolution of effective techniques for both petitioners and respondents.

Douglas W. Alexander, Alexander Dubose & Townsend LLP - Austin, TX
Lori Ploeger, Cooley Godward Kronish - Palo Alto, CA

10:20 am
Break

10:35 am

0.50 hr

Texas Supreme Court Statistics and Trends

Two close watchers of the Texas Supreme Court analyze the state of the Court’s docket and debate current trends.

Pamela Stanton Baron, Attorney at Law - Austin, TX
David M. Gunn, Beck Redden & Secrest, LLP - Houston, TX

11:05 am

1.00 hr

Practice Before the Supreme Court of Texas: Short Topics

The justices examine four aspects of practice before the court and discuss the effect of pending rule changes.

Effective motions for rehearing: Hon. Wallace B. Jefferson, Austin, TX
Rules update: Hon. Nathan L. Hecht, Austin, TX
Per curiam opinions: Hon. Scott Brister, Austin, TX
Making the most of oral argument: Hon. Philip W. "Phil" Johnson, Austin, TX

Moderator:
Lisa Bowlin Hobbs, Vinson & Elkins - Austin, TX

Friday Afternoon, May 30, 2008

Presiding Officer:
Samara Kline, Baker Botts L.L.P. - Dallas, TX

12:05 pm

1.00 hr

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 if you plan to attend (additional fee).

Special Thanks to Our Sponsors:
Alexander Dubose Jones & Townsend LLP
Baker Botts L.L.P.
Brown McCarroll L.L.P.
Haynes and Boone, LLP

1:05 pm
Break

1:35 pm

0.42 hr
0.25 hr ethics

Rehearing Procedures Before the Fifth Circuit

A Fifth Circuit judge discusses ethical strategies that will improve your chances for success.

Materials By:
Beth Ellen Klusmann, U.S. Court of Appeals, Fifth Circuit - San Antonio, TX
Hon. Edward C. Prado, U.S. Court of Appeals, Fifth Circuit - San Antonio, TX

2:00 pm

0.42 hr

Fifth Circuit Update

A member of the federal appellate court provides an update on significant decisions of the Fifth Circuit from the past year.

Materials By:
Edward Cantu, U.S. Courts of Appeals, Fifth Circuit - Houston, TX
Hon. Jennifer Walker Elrod, U.S. Court of Appeals, Fifth Circuit - Houston, TX

2:25 pm

0.50 hr ethics

Are There Ethics in Federal Court?

Are they different than ethics in state court? A guide to good behavior in the federal courts.

Thomas H. Watkins, Brown McCarroll, L.L.P. - Austin, TX

2:55 pm
Break

3:10 pm

0.67 hr

Effective Use of Appellate Counsel in Federal District Court

Find out what’s effective and what’s not when appellate counsel venture into federal trial courts.

Moderator:
Hon. William J. Boyce, Fourteenth Court of Appeals - Houston, TX
Hon. Xavier Rodriguez, United States District Court - San Antonio, TX
Hon. T. John Ward, United States District Court - Marshall, TX
Hon. Lee Yeakel, U.S. Dist. Court, Western District of TX - Austin, TX

3:50 pm

0.33 hr

Challenging Federal Appellate Jurisdiction

Given the limited nature of federal appellate jurisdiction, the court may not have jurisdiction or may lose jurisdiction while the case is pending. An examination of jurisdictional impediments including mootness; standing; lack of a continuing case or controversy; finality; improvident grant of an interlocutory appeal; and settlement, arbitration, or other resolution of related matters.

Meredith B. Parenti, Weil Gotshal Manges LLP - Austin, TX

4:10 pm
Adjourn

UT Law CLE

2008 Conference on State and Federal Appeals

Faculty

Conference Faculty

Douglas W. Alexander
Alexander Dubose & Townsend LLP
Austin, TX
Pamela Stanton Baron
Attorney at Law
Austin, TX
Hon. Jane Bland
1st Court of Appeals
Houston, TX
Hon. William J. Boyce
Fourteenth Court of Appeals
Houston, TX
J. Brett Busby
Bracewell & Giuliani LLP
Houston, TX
Edward Cantu
U.S. Courts of Appeals, Fifth Circuit
Houston, TX
Elaine A. Carlson
South Texas College of Law
Houston, TX
Stephanie Coon
Baker Botts LLP
Houston, TX
Philip Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Hon. Jennifer Walker Elrod
U.S. Court of Appeals, Fifth Circuit
Houston, TX
Trisha English
Baker Botts
Houston, TX
Hon. David B. Gaultney
9th Court of Appeals
Beaumont, TX
Marcy Hogan Greer
Fulbright & Jaworski L.L.P.
Austin, TX
David M. Gunn
Beck Redden & Secrest, LLP
Houston, TX
Lisa Bowlin Hobbs
Vinson & Elkins
Austin, TX
Anne M. Johnson
Haynes and Boone, LLP
Dallas, TX
David E. Keltner
Kelly Hart & Hallman LLP
Fort Worth, TX
Beth Ellen Klusmann
U.S. Court of Appeals, Fifth Circuit
San Antonio, TX
Christopher D. Kratovil
K&L Gates LLP
Dallas, TX
Kurt Kuhn
Brown McCarroll, L.L.P.
Austin, TX
Jeffrey S. Levinger
Hankinson Levinger LLP
Dallas, TX
Ronald C. Lewis
Marshall & Lewis, LLP
Houston, TX
Dana Livingston
Alexander Dubose & Townsend LLP
Austin, TX
Hon. Sharon Sue McCally
334th District Court, Harris County
Houston, TX
Daryl L. Moore
Attorney at Law
Houston, TX
Meredith B. Parenti
Weil Gotshal Manges LLP
Austin, TX
Hon. Jan P. Patterson
3rd Court of Appeals
Austin, TX
Thomas R. Phillips
Baker Botts L.L.P.
Austin, TX
Lori Ploeger
Cooley Godward Kronish
Palo Alto, CA
Hon. Edward C. Prado
U.S. Court of Appeals, Fifth Circuit
San Antonio, TX
Hon. Xavier Rodriguez
United States District Court
San Antonio, TX
Brent M. Rosenthal
Baron & Budd P.C.
Dallas, TX
Scott Rothenberg
Law Offices of Scott Rothenberg
Houston, TX
Amy Schumacher
The Supreme Court Of Texas
Austin, TX
Hon. T. John Ward
United States District Court
Marshall, TX
Thomas H. Watkins
Brown McCarroll, L.L.P.
Austin, TX
Hon. Lee Yeakel
U.S. Dist. Court, Western District of TX
Austin, TX

Planning Committee

Pamela Stanton Baron—Chair
Attorney at Law
Austin, TX
Hon. Jane Bland
1st Court of Appeals
Houston, TX
Hon. William J. Boyce
Fourteenth Court of Appeals
Houston, TX
Sharon E. Callaway
Crofts & Callaway PC
San Antonio, TX
Nina Cortell
Haynes & Boone, LLP
Dallas, TX
Philip Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Elana S. Einhorn
Law Offices Of Deborah Hankinson PC
Austin, TX
Michael J. Esposito
The University of Texas School of Law
Austin, TX
David M. Gunn
Beck Redden & Secrest, LLP
Houston, TX
Kurt Kuhn
Brown McCarroll, L.L.P.
Austin, TX
Jeffrey S. Levinger
Hankinson Levinger LLP
Dallas, TX
Dana Livingston
Alexander Dubose & Townsend LLP
Austin, TX
Daryl L. Moore
Attorney at Law
Houston, TX
Brent M. Rosenthal
Baron & Budd P.C.
Dallas, TX
Scott Rothenberg
Law Offices of Scott Rothenberg
Houston, TX
Jane M. N. Webre
Scott, Douglass & McConnico, L.L.P.
Austin, TX

UT Law CLE

2008 Conference on State and Federal Appeals

Credit Information

MCLE Credit

Texas
12.00 hrs  |  2.25 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil Trial Law, Personal Injury Trial Law
Additional Information
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.  
California
12.00 hrs  |  2.25 hrs Ethics
Additional Information
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.  
Other States
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

TX Accounting CPE
14.00 hrs
Additional Information
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.  

UT Law CLE

2008 Conference on State and Federal Appeals

Key Dates

Austin

  • Last day for Standard Registration early registration: May 21, 2008
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 23, 2008
  • Last day for cancellation (partial refund): May 27, 2008
    $50 processing fee applied

UT Law CLE

2008 Conference on State and Federal Appeals

Hotel / Venue

Austin

Four Seasons Hotel

98 San Jacinto Boulevard
Austin, TX 78701-4082
512.685.8100 (reservations)
Map

Accommodations

$220.00 good through May 2, 2008

Parking Information

$7 self-parking at Convention Center parking garage; $10 Valet

UT Law CLE

2008 Conference on State and Federal Appeals

Sponsors