University of Texas School of Law
19th Annual
Conference on State and Federal Appeals
Austin Jun 4-5, 2009 Four Seasons Hotel
Conference Concluded
Related products: eConferences, Materials

UT Law CLE

2009 Conference on State and Federal Appeals

Program Features
Designed for advanced-level civil appellate practitioners, this program has earned a reputation as the premier conference on appellate practice and procedure in Texas, and the annual gathering of state and federal appellate judges. This conference is a must for every Texas civil appellate practitioner.

Join Hon. Catharina Haynes for the 5th Circuit Update; Hon. Edward C. Prado for Ethics of Oral Argument; Hon. Scott A. Brister for Texas Supreme Court Update; and the Hons. Wallace B. Jefferson, Nathan L. Hecht, Harriet O’Neill, and Dale Wainwright answering questions from retired Chief Justice Thomas Phillips during the Texas Supreme Court Panel.

The conference provides 2.50 hours of ethics credit along with cutting-edge—yet practical—coverage of “harmful error,” special appearances, Pattern Jury Charges, mandamus, fee agreements, bankruptcy appeals, and more.

The traditional Friday luncheon with the appellate judiciary continues in 2009—don’t miss the leading Texas appellate conference of the year.

UT Law CLE

2009 Conference on State and Federal Appeals

12/15/19
Schedule

Thursday Morning, June 4, 2009

Presiding Officer:
Pamela Stanton Baron, Austin, TX

8:00 am
Registration Opens

Includes continental breakfast.

8:30 am
Welcoming Remarks

8:45 am

0.33 hr

Rules Update

A summary of past, pending and potential amendments to the Texas Rules of Civil Procedure, Texas Rules of Appellate Procedure, Texas Rules of Judicial Administration, State Bar Rules and Rules of Disciplinary Procedure, as well as a brief update regarding the Texas Appeals Management and e-filing system (TAMES) project and related amendments to statutes and rules.

Kennon Peterson, Supreme Court of Texas - Austin, TX

9:05 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

9:35 am

0.50 hr

Mandamus Update: A Whole New World

How to navigate mandamus practice in the post-Prudential, post-McAllen Medical universe.

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

10:05 am
Break

10:20 am

0.50 hr ethics

Clients Behaving Badly:  Appealing Sanctions and Contempt Orders

Clients sometimes make mistakes. When they do, it occasionally results in a trial court order of monetary sanctions, non-monetary sanctions, or even contempt of court. This topic is designed to give you the most comprehensive, up-to-date information you need to help your client appeal a trial court award of sanctions or a judgment of contempt.

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

10:50 am

0.50 hr ethics

Lawyers Behaving Badly:  What Not to Do

Learning from those "teachable moments" experienced by other lawyers.

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

11:20 am

0.67 hr

Judges and Lawyers Behaving Nicely:  Working Together

A candid conversation between appellate justices and practitioners about how to make the appellate process work better. What should attorneys do to make the court's job easier? What should the appellate courts be doing?

Moderator:
Kurt Kuhn, Brown McCarroll, L.L.P. - Austin, TX
Panelists:
Anne M. Johnson, Haynes and Boone, LLP - Dallas, TX
Panelists:
Hon. Joseph B. Morris, 5th Court of Appeals - Dallas, TX
Panelists:
Hon. Rebecca Simmons, Fourth Court of Appeals - San Antonio, TX

Thursday Afternoon, June 4, 2009

Presiding Officer:
Brenda L. Clayton, Kelly, Hart & Hallman LLP - Austin, TX

12:00 pm
Pick up Box Lunch

Included in conference registration.

12:15 pm

0.50 hr

Lunch Presentation: Historical Origins of American Appellate and Constitutional Law

This is a visually-exciting PowerPoint presentation about the origins, plural, of American constitutional and appellate law in the seventeenth century in New Spain, New England, New France and New Sweden. Early charters, constitutions and laws are covered, using real lives and trial transcripts as examples.

David A. Furlow, Thompson & Knight LLP - Houston, TX

12:45 pm
Break


1:00 pm

0.67 hr

The Rise of the Appellate Litigator and the Future of Appellate Litigation

The extent of, and reasons for, the perceived increase in appellate specialization in the private bar--what the appellate litigator brings to the table, including a discussion of what the future may hold.

Moderator:
David W. Holman, The Holman Law Firm, P.C. - Houston, TX
Panelists:
Charles Cooper, Cooper & Kirk, PLLC - Washington, DC
Panelists:
Thomas G. Hungar, Gibson, Dunn & Crutcher LLP - Washington, DC
Panelists:
Marie R. Yeates, Vinson & Elkins L.L.P. - Houston, TX

1:40 pm

0.50 hr

Iron Chef: Appellate Edition

Learn what the world's top chefs can teach you about better brief-writing and advocacy.

Hon. William J. Boyce, 14th Court of Appeals - Houston, TX

2:10 pm

0.50 hr ethics

Ethics in Court Papers

Is it possible to write unethically? It sure is. This presentation contains some of the most embarrassing, humorous, and instructive cases dealing with poor legal writing. The lawyers in these cases faced bar discipline, court sanctions, and civil liability. Let's hope you never do.

Wayne Charles Schiess, University of Texas School of Law - Austin, TX

2:40 pm
Break

2:55 pm

0.50 hr ethics

Fee Agreements:  Sandbags Against the Tide

The use of the fee agreements to resolve malpractice and grievance exposure.

This session has a revised presentation day/time.  It was previously scheduled for Friday, June 5 at 9:25am.

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

3:25 pm

0.33 hr

That's Right, You're Not From Texas:  Special Appearances

Overview of recent state-court cases and trends in the area of personal jurisdiction, including procedural aspects of special appearance practice in Texas.

Gregory Joseph Lensing, Fifth Court of Appeals - Dallas, TX

3:45 pm

0.50 hr

Advocacy Insight:  What Appellate Practitioners Can Learn From the Blackmun Papers

Justice Harry Blackmun collected literally thousands of cert pool memos. They are now accessible. Explore what Texas lawyers can learn about appellate advocacy and strategy from this rare look inside the black box.

Elana S. Einhorn, University of Texas School of Law - Austin, TX
David M. Gunn, Beck Redden & Secrest, LLP - Houston, TX

4:15 pm
Adjourn

Friday Morning, June 5, 2009

Presiding Officer:
Pamela Stanton Baron, Austin, TX

8:30 am

0.42 hr

Ninth Inning: Wrapping Up an Appeal

What comes after the court's opinion?  A primer on costs, the mandate, and other end-of-appeal mysteries.

Richard B. Phillips Jr, Thompson & Knight LLP - Dallas, TX

8:55 am

0.50 hr

The Making and Breaking of the PJCs

Two views of the Texas Pattern Jury Charge. One view looks at the guiding philosophy of how PJCs have been formulated historically and how that may be changing. The other view shows why that ought to change, with Ledesma as a primer and suggestions about other changes that need to be made.

Sharon E. Callaway, Crofts & Callaway, P.C. - San Antonio, TX
Craig A. Morgan, Craig A Morgan Attorney at Law - Austin, TX

9:25 am

0.50 hr

Recent Developments Regarding Harmful Error: How to Maximize or Minimize It

This presentation examines recent cases and trends governing how the courts look to, find, and define Harmful Error.

This session has a revised presentation day/time.  It was previously scheduled for Thursday, June 4 at 2:55pm.

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

9:55 am
Break

10:10 am

0.42 hr

Texas Supreme Court Clerk's Office Update

The Clerk of the Supreme Court of Texas provides an overview of the internal operating procedures of the Supreme Court of Texas. The discussion includes an explanation of the Court’s “conveyor belt” system for reviewing petitions for review, as well as an explanation of the process for reviewing original proceedings. The Court’s policies for granting motions for extension of time and voting on other motions are also covered. The future of electronic filing at the Supreme Court of Texas and the courts of appeals is discussed.

Blake A. Hawthorne, Supreme Court of Texas - Austin, TX

10:35 am

0.50 hr

Texas Supreme Court Update

A practical guide to recent cases and a few reflections on trends for the future.

Hon. Scott A. Brister, Supreme Court of Texas - Austin, TX

11:05 am

0.75 hr

Texas Supreme Court Panel

Justices of the state's highest court answers questions from a former chief justice and the audience regarding the court's procedures and administrative activities.

Moderator:
Thomas R. Phillips, Baker Botts L.L.P. - Austin, TX
Panelists:
Hon. Nathan L. Hecht, Supreme Court of Texas - Austin, TX
Panelists:
Hon. Wallace B. Jefferson, Supreme Court of Texas - Austin, TX
Panelists:
Hon. Harriet O'Neill, Supreme Court of Texas - Austin, TX
Panelists:
Hon. Dale Wainwright, Supreme Court Of Texas - Austin, TX

11:50 am
Break

Friday Afternoon, June 5, 2009

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

12:05 pm

1.00 hr

Sponsored Lunch with the Judiciary

12:05 pm
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 ($7.00 additional fee).

Special Thanks to Our Sponsors:

Baker Botts L.L.P.

Brown McCarroll

Haynes and Boone, LLP

1:05 pm
Break

1:35 pm

0.42 hr

Fifth Circuit Clerk's Office Update/Transition to Electronic Case Filing

The clerk of the court reviews Fifth Circuit changes in docketing systems and provides an introduction to attorney electronic case filing, together with tips on how practitioners can make the change.

Charles Robert "Fritz" Fulbruge III, U.S. Court of Appeals, Fifth Circuit - New Orleans, LA

2:00 pm

0.50 hr

Fifth Circuit Update

A Fifth Circuit judge reviews recent decisions from the court.

Hon. Catharina J.H.D. Haynes, U.S. Court of Appeals, Fifth Circuit - Dallas, TX

2:30 pm

0.50 hr ethics

Ethics of Oral Argument

Oral advocacy presents different ethical challenges from written advocacy. Using real-world examples from the Fifth Circuit, learn which tactics to use, and more importantly, which to avoid.

Hon. Edward C. Prado, U.S. Court of Appeals, Fifth Circuit - San Antonio, TX

3:00 pm
Break

3:15 pm

0.33 hr

Invisible Ink: What You Didn't Sign

A client who did not sign the contract may still be bound by its jury waiver, forum selection clause, or arbitration clause. This growing area of case law is addressed.

Nina Cortell, Haynes and Boone, LLP - Dallas, TX
Co-Author:
Jeremy Daniel Kernodle, Haynes & Boone, LLP - Dallas, TX

3:35 pm

0.33 hr

Federal Mandamus and Interlocutory Review: A Whole New World?

Did Volkswagen take us to a A Whole New World or was it merely Da Da Da (a trip around the block with a stinky chair in the backseat)? Update on federal mandamus, interlocutory review, and emergency motions.

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

3:55 pm

0.33 hr

Bankruptcy Appeals: Definitely A Whole New World

Last year, a panel of federal judges identified bankruptcy appeals as a key growth area for appellate practitioners. This topic provides a survival kit for navigating a bankruptcy appeal.

Samara L. Kline, Baker Botts L.L.P. - Dallas, TX

4:15 pm
Adjourn

UT Law CLE

2009 Conference on State and Federal Appeals

Faculty

Conference Faculty

Marianne Marsh Auld
Kelly Hart & Hallman
Fort Worth, TX
Hon. William J. Boyce
14th Court of Appeals
Houston, TX
Hon. Scott A. Brister
Supreme Court of Texas
Austin, TX
Sharon E. Callaway
Crofts & Callaway, P.C.
San Antonio, TX
Elaine A. Carlson
South Texas College of Law
Houston, TX
Charles Cooper
Cooper & Kirk, PLLC
Washington, DC
Nina Cortell
Haynes and Boone, LLP
Dallas, TX
Philip Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Elana S. Einhorn
University of Texas School of Law
Austin, TX
Charles Robert "Fritz" Fulbruge III
U.S. Court of Appeals, Fifth Circuit
New Orleans, LA
David A. Furlow
Thompson & Knight LLP
Houston, TX
Kendall M. Gray
Andrews Kurth LLP
Houston, TX
David M. Gunn
Beck Redden & Secrest, LLP
Houston, TX
Blake A. Hawthorne
Supreme Court of Texas
Austin, TX
Hon. Catharina J.H.D. Haynes
U.S. Court of Appeals, Fifth Circuit
Dallas, TX
Hon. Nathan L. Hecht
Supreme Court of Texas
Austin, TX
David W. Holman
The Holman Law Firm, P.C.
Houston, TX
Thomas G. Hungar
Gibson, Dunn & Crutcher LLP
Washington, DC
Hon. Wallace B. Jefferson
Supreme Court of Texas
Austin, TX
Anne M. Johnson
Haynes and Boone, LLP
Dallas, TX
David E. Keltner
Kelly Hart & Hallman LLP
Fort Worth, TX
Jeremy Daniel Kernodle
Haynes & Boone, LLP
Dallas, TX
Samara L. Kline
Baker Botts L.L.P.
Dallas, TX
Kurt Kuhn
Brown McCarroll, L.L.P.
Austin, TX
Gregory Joseph Lensing
Fifth Court of Appeals
Dallas, TX
Dana Livingston
Alexander Dubose & Townsend LLP
Austin, TX
Craig A. Morgan
Craig A Morgan Attorney at Law
Austin, TX
Hon. Joseph B. Morris
5th Court of Appeals
Dallas, TX
Hon. Harriet O'Neill
Supreme Court of Texas
Austin, TX
Kennon Peterson
Supreme Court of Texas
Austin, TX
Richard B. Phillips Jr
Thompson & Knight LLP
Dallas, TX
Thomas R. Phillips
Baker Botts L.L.P.
Austin, TX
Hon. Edward C. Prado
U.S. Court of Appeals, Fifth Circuit
San Antonio, TX
Scott Rothenberg
Law Offices of Scott Rothenberg
Houston, TX
Wayne Charles Schiess
University of Texas School of Law
Austin, TX
Hon. Rebecca Simmons
Fourth Court of Appeals
San Antonio, TX
Hon. Dale Wainwright
Supreme Court Of Texas
Austin, TX
Thomas H. Watkins
Brown McCarroll, L.L.P.
Austin, TX
Marie R. Yeates
Vinson & Elkins L.L.P.
Houston, TX

Planning Committee

Douglas W. Alexander
Alexander Dubose Jones & Townsend LLP
Austin, TX
Pamela Stanton Baron
Austin, TX
Hon. William J. Boyce
14th Court of Appeals
Houston, TX
Sharon E. Callaway
Crofts & Callaway, P.C.
San Antonio, TX
Nina Cortell
Haynes and Boone, LLP
Dallas, TX
Elana S. Einhorn
University of Texas School of Law
Austin, TX
David M. Gunn
Beck Redden & Secrest, LLP
Houston, TX
Samara L. Kline
Baker Botts L.L.P.
Dallas, TX
Kurt Kuhn
Brown McCarroll, L.L.P.
Austin, TX
Jeffrey S. Levinger
Carrington, Coleman, Sloman & Blumenthal L.L.P.
Dallas, TX
Dana Livingston
Alexander Dubose & Townsend LLP
Austin, TX
Richard B. Phillips Jr
Thompson & Knight LLP
Dallas, TX
Scott Rothenberg
Law Offices of Scott Rothenberg
Houston, TX
Jo Ann Storey
Jo Ann Storey, P.C.
Houston, TX

UT Law CLE

2009 Conference on State and Federal Appeals

Credit Information

MCLE Credit

Texas
12.00 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Civil Appellate 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  |  2.50 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

2009 Conference on State and Federal Appeals

Key Dates

Austin

  • Last day for Standard Registration early registration: May 27, 2009
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 29, 2009
  • Last day for cancellation (partial refund): Jun 1, 2009
    $50 processing fee applied

UT Law CLE

2009 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

$230.00 good through May 11, 2009

Parking Information

Valet: Day $13, Overnight $25; $7 Self-Parking available in parking garage across from hotel

UT Law CLE

2009 Conference on State and Federal Appeals

Sponsors