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19th Annual

Conference on State and Federal Appeals

Austin Jun 4-5, 2009 Four Seasons Hotel
Conference Concluded
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Overview

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.

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Event Schedule

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

  • Day 1 June 4, 2009
  • Day 2 June 5, 2009
  • Time
    Credit
    Subject
    Speaker
  • 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

  • Time
    Credit
    Subject
    Speaker
  • 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

  • Day 1 June 4, 2009
  • Day 2 June 5, 2009
Download Schedule

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

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 12.00 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Civil Appellate 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 – 12.00 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 – 14.00 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 4-5, 2009 – Four Seasons Hotel
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $545.00 Regular pricing: May 27, 2009

$595.00 for registrations received after this time

Last day for cancellation (full refund): May 29, 2009

$50 processing fee applied after this date

Last day for cancellation: Jun 1, 2009

Venue

speaker

Four Seasons Hotel

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

Our Sponsors

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

  • Baker Botts logo
    Baker Botts
    Baker Botts appellate lawyers have argued more than 25 cases before the United States Supreme Court, have argued cases in all 13 of the United States Courts of Appeals, and have appeared in numerous state appellate courts in Texas and elsewhere. From breach of contract, tort and statutory claims to complex securities, tax, constitutional, criminal and intellectual property issues, Baker Botts appellate lawyers have an exceptional depth and breadth of experience to draw upon in representing clients throughout the trial and appellate process at the state and federal level. www.bakerbotts.com/
  • Haynes and Boone, LLP  sponsor logo
    Haynes and Boone, LLP sponsor
    Haynes and Boone's Appellate Practice Group has a depth of experience in state and federal practice: they consistently have had unparalleled success in handling some of the most significant appeals in Texas; they are well known to the judiciary and the bar for their exemplary advocacy; the key component to their philosophy is effective partnering—with trial counsel, national counsel, in-house counsel; their expertise is in advocacy and procedure, whether it be in the context of motions for summary judgment, privilege disputes, expert witness, jurisdictional challenges, jury charges, judgments, petitions for writ of mandamus, alternative dispute resolution, or appeals. www.haynesboone.com/
Download Sponsor Details Become a Sponsor
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