University of Texas School of Law
20th Annual
Conference on State and Federal Appeals
Austin Jun 3-4, 2010 Four Seasons Hotel
Conference Concluded
Related products: eConferences, Materials

UT Law CLE

2010 Conference on State and Federal Appeals

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

Join Hon. Edith H. Jones for the Fifth Circuit Update; the Hons. Wallace B. Jefferson, Nathan L. Hecht and Eva Guzman answering questions from retired Justice Scott Brister during the Texas Supreme Court Panel; and the Hons. Jane Bland, J. Woodfin "Woodie" Jones and Catherine M. Stone on the Court of Appeals Panel.

The conference provides 2.50 hours of ethics credit along with cutting-edge, yet practical, coverage of case law post-Iqbal; gross negligence and punitive damages; changes to the Disciplinary Rules; the impact of technology on judicial ethics, jurors and briefs; and more.

The traditional Friday luncheon with the appellate judiciary continues in 2010 (separate fee).

This conference is a must-attend event for every Texas civil appellate practitioner.

UT Law CLE

2010 Conference on State and Federal Appeals

12/15/19
Schedule

Thursday Morning, June 3, 2010

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

0.42 hr

How Does Chapter 33 Work?

What an appellate lawyer needs to know about proportionate responsibility, responsible third parties, and unanswered questions regarding jury submissions.

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

9:10 am

0.42 hr

Gross Negligence and Punitive Damages: Recent Developments and Potential Strategies

The Texas Supreme Court recently further developed its jurisprudence on gross negligence at the same time the U.S. Supreme has been developing its jurisprudence concerning punitive damages. Individually and taken together, their developing jurisprudences point toward new strategies for both sides of the docket.

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

9:35 am

0.67 hr

Texas Procedure Update: An Analysis of Recent Cases—Identifying Traps and Trends

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

Elaine Grafton Carlson, South Texas College of Law - Houston, TX

10:15 am
Break

10:30 am

0.33 hr

Successes and Failures in the Appellate Communication Process

The appellate process differs radically from the trial process in the way that it allows communication between counsel and the courts. How are we doing? How can we improve?

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

10:50 am

0.67 hr

Thinking out Loud: Why We Orally Argue Appellate Cases and How Best to Prepare for the Joust

A discussion on why oral argument is still important and how to give it the detailed preparation that it deserves.

Kendall M. Gray, Andrews Kurth LLP - Houston, TX
Panelists:
Hon. William J. Boyce, 14th Court of Appeals - Houston, TX
Panelists:
Jennifer Bruch Hogan, Hogan & Hogan, L.L.P. - Houston, TX
Panelists:
Daryl L. Moore, Attorney at Law - Houston, TX

11:30 am

0.50 hr ethics

Disciplinary Rules Changes

A look at the substance and potential impact of the most significant recent changes to the disciplinary rules, together with an overview of the process for amending the rules.

Kennon Peterson, Supreme Court of Texas - Austin, TX
Thomas H. Watkins, Brown McCarroll, L.L.P. - Austin, TX

Thursday Afternoon, June 3, 2010

Presiding Officer:
Elizabeth G. (Heidi) Bloch, Brown McCarroll L.L.P. - Austin, TX

12:00 pm
Pick up Box Lunch

Included in conference registration fee.

12:15 pm

0.50 hr ethics

Lunch Presentation, Part I: Ethics Issues for the Appellate Bar (including Issues Arising under the New Disciplinary Rules)

Fire down below! A look at the proposed new rules and trial counsel's ethical problems as they affect appellate counsel.

Kennon Peterson, Supreme Court of Texas - Austin, TX
Thomas H. Watkins, Brown McCarroll, L.L.P. - Austin, TX

12:45 pm

0.50 hr ethics

Lunch Presentation, Part II: Ethics, the Psyche and Adversity: Good Lawyering in Bad Times

Depression and other psychic maladies continue to afflict lawyers, especially during tough economic times. Learn the facts, the warning signs, and how to help yourself and your colleagues thrive in the face of adversity.

William J. Chriss, Law Office of William J. Chriss, P.C. - Austin, TX

1:15 pm
Break

1:30 pm

0.33 hr

Summary Judgment Proof: Form vs. Substance

An analysis of the continuing uncertainty over defects in the substance of summary judgment proof, which may be challenged for the first time on appeal, as opposed to defects in form, which may be raised on appeal only if first raised in, and ruled on, by the trial court.

Timothy Patton, Attorney at Law - San Antonio, TX

1:50 pm

0.42 hr

Google, Facebook and Twitter: Judicial Ethics Meets the Internet

Judicial ethics rules have long prohibited ex parte communications.  But these rules are now being applied to Internet fact research, and to judges’ use of social networking media, in ways people may not anticipate.  This session surveys the issues in the context of appellate practice.

Beth Thornburg, Southern Methodist University Dedman School of Law - Dallas, TX

2:15 pm

0.33 hr

Restructuring of the Texas Courts of Appeals

Are fourteen separate courts of appeals too many? Would consolidation into five super-regional courts streamline operations and reduce the conflict resolution burden?

David J. Schenck, Jones Day - Dallas, TX

2:35 pm

0.50 hr

Appellate Briefs of the Future

Technology is rapidly changing the way attorneys communicate with courts.  This session examines what the future holds for appellate briefs and explains how you can incorporate tomorrow’s trends into today’s briefs.

Don Cruse, Law Office of Don Cruse - Austin, TX
Blake A. Hawthorne, Supreme Court of Texas - Austin, TX

3:05 pm
Break

3:20 pm

0.33 hr

There's an (Interlocutory) App for That!

A look at the expanded availability, use and abuse of interlocutory appeals, as well as recent decisions addressing recurring issues.

Pamela Stanton Baron, Attorney at Law - Austin, TX

3:40 pm

0.50 hr

Effective Use of Post-Submission Briefs

Handled properly, a post-submission brief can address questions that were crystallized at oral argument and drive your main points home.  Handled improperly, it can be a waste of time and paper.  This presentation discusses the techniques and tactics that distinguish effective post-submission briefs from ineffective ones.

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

4:10 pm

0.67 hr

Court of Appeals Panel

A candid commentary on the day's state court topics affecting practice before the courts of appeals.

Moderator:
Daryl L. Moore, Attorney at Law - Houston, TX
Panelists:
Hon. Jane Bland, 1st Court of Appeals - Houston, TX
Panelists:
Hon. J. Woodfin (Woodie) Jones, 3rd Court of Appeals - Austin, TX
Panelists:
Hon. Catherine M. Stone, 4th Court of Appeals - San Antonio, TX

4:50 pm
Adjourn

Friday Morning, June 4, 2010

Presiding Officer:
Wade Caven Crosnoe, Thompson Coe Cousins & Irons LLP - Austin, TX

7:45 am
Conference Room Opens

Includes continental breakfast.

8:30 am

0.33 hr

State and Federal Declaratory Judgments

An examination of state and federal declaratory judgment procedures, with an emphasis on issues that may arise on appeal, such as jurisdictional challenges.

Kristofer S. Monson, Office of the Attorney General - Austin, TX

8:50 am

0.42 hr

Juror Communications

The trend is toward allowing jurors to be more active in the trial process.  This presentation examines juror notes during trial and deliberations and juror questions during the trial, as well as how to handle juror use of social media and the Internet.

Hon. Tracy Christopher, Fourteenth Court of Appeals - Houston, TX

9:15 am

0.50 hr ethics

Recusal and Disqualification of Judges

A presiding administrative judge discusses the most common issues in judicial recusal and explains the Supreme Court Advisory Committee’s recent proposal to revise Rule 18a.

Hon. David Peeples, Fourth Administrative Judicial Region - San Antonio, TX

9:45 am

0.50 hr ethics

Recent Cases and Trends on the Issue of Attorney's Fees on Appeal

Whether you are seeking to maximize, minimize, or eliminate fee recovery, this session looks at recent cases and the trends used by appellate courts to handle the issues and questions of attorney fee recovery (and expenses).

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

10:15 am
Break

10:30 am

0.42 hr

Legal Writing: Topics and Transitions, Not Dates and Doctors

Why do so many legal writers use dates, case names and witness names in their topic and transition sentences? Because it's easy. This presentation recommends a different approach that is harder for the writer but easier for the reader—real topic sentences and real transitions.

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

10:55 am

0.50 hr

Texas Supreme Court Update

Changes on the court: Does it make a difference? A look at recent big cases and trends.

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

11:25 am
Presentation of the Chief Jack Pope Professionalism Award

The award is given by the Texas Center for Legal Ethics and honors one of the Center’s three founders, former Texas Supreme Court Chief Justice Jack Pope, who was the recipient of the inaugural Award in 2009. It is presented to a Texas appellate lawyer or a Texas appellate judge who epitomizes the highest level of professionalism and integrity.

11:30 am

0.67 hr

Texas Supreme Court Panel

Justices from the state's highest court answer questions from a former Justice and the audience regarding the Court's procedures and administrative activities.

Moderator:
Scott A. Brister, Andrews Kurth LLP - Austin, TX
Panelists:
Hon. Eva Guzman, Supreme Court of Texas - Austin, TX
Panelists:
Hon. Nathan L. Hecht, Supreme Court of Texas - Austin, TX
Panelists:
Hon. Wallace B. Jefferson, Supreme Court of Texas - Austin, TX

Friday Afternoon, June 4, 2010

Presiding Officer:
Dana Livingston, Alexander Dubose & Townsend LLP - Austin, TX

12:10 pm
Break

12:20 pm

1.00 hr

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 if you plan to attend (there is an additional fee of $7). 

Special Thanks to Our Sponsors:

1:20 pm
Break

1:30 pm

0.50 hr

Fifth Circuit Update

The Chief Judge of the Fifth Circuit reviews recent decisions from the court.

Hon. Patrick E. Higginbotham, U.S. Court of Appeals, Fifth Circuit - Austin, TX

2:00 pm

0.50 hr

Amendments to Both the Federal Rules of Civil Procedure (FRCP) and Federal Rules of Evidence (FRE)

There are a number of proposed rule changes and contemplated areas of revision to the Federal Rules of Civil Procedure and Federal Rules of Evidence. In addition, potentially far-reaching changes addressing the high cost of civil litigation, particularly discovery, are being discussed by various groups to promote rule changes. The speaker comments on these important subjects.

David J. Beck, Beck Redden & Secrest, LLP - Houston, TX

2:30 pm

0.58 hr

Iqbal: The Death of Notice Pleading in Federal Court?

The Supreme Court’s opinion in Ashcroft v. Iqbal has been called “the most significant Supreme Court decision in a decade for day-to-day litigation in federal courts.”  One year later, has this prediction turned out to be true?  The panel discusses case law trends post-Iqbal, the effect on judicial decision-making, legislative responses to Iqbal, and best practices for plaintiffs and defendants.

Moderator:
Anne M. Johnson, Haynes and Boone, LLP - Dallas, TX
Panelists:
Lisa R. Eskow, Weil, Gotshal & Manges LLP - Houston, TX
Panelists:
Hon. W. Royal Furgeson Jr., U.S. District Court, Northern District of Texas - Dallas, TX
Panelists:
Hon. Patrick E. Higginbotham, U.S. Court of Appeals, Fifth Circuit - Austin, TX

3:05 pm

0.50 hr

What Really Goes on in the U.S. Supreme Court?

If a client (or a client's opponent) wants to seek relief at the U.S. Supreme Court or file an amicus brief about a particularly important case, advocates should know who the audience for a "cert petition" or amicus brief is, how that audience will react, what matters to it and will catch its eye, and what efforts might have no value at all.  This presentation by two former Supreme Court clerks will not disclose anything "secret," but addresses what actually happens at the Court, by answering questions like these: What role do law clerks play? How much time can they, or the Justices, invest in any given petition? What do they look for in a cert petition or amicus brief? Should you file a brief in opposition to a cert petition without it being requested by the Court?  The presentation also includes an update on a few key pending or recently-decided cases.

Aaron Michael Streett, Baker Botts L.L.P. - Houston, TX
Evan Young, Baker Botts L.L.P. - Austin, TX

3:35 pm
Adjourn

UT Law CLE

2010 Conference on State and Federal Appeals

Faculty

Conference Faculty

Pamela Stanton Baron
Attorney at Law
Austin, TX
David J. Beck
Beck Redden & Secrest, LLP
Houston, TX
Hon. Jane Bland
1st Court of Appeals
Houston, TX
Hon. William J. Boyce
14th Court of Appeals
Houston, TX
Scott A. Brister
Andrews Kurth LLP
Austin, TX
Elaine Grafton Carlson
South Texas College of Law
Houston, TX
William J. Chriss
Law Office of William J. Chriss, P.C.
Austin, TX
Hon. Tracy Christopher
Fourteenth Court of Appeals
Houston, TX
Don Cruse
Law Office of Don Cruse
Austin, TX
Philip Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Lisa R. Eskow
Weil, Gotshal & Manges LLP
Houston, TX
Hon. W. Royal Furgeson Jr.
U.S. District Court, Northern District of Texas
Dallas, TX
Kendall M. Gray
Andrews Kurth LLP
Houston, TX
David M. Gunn
Beck Redden & Secrest, LLP
Houston, TX
Hon. Eva Guzman
Supreme Court of Texas
Austin, TX
Blake A. Hawthorne
Supreme Court of Texas
Austin, TX
Hon. Nathan L. Hecht
Supreme Court of Texas
Austin, TX
Hon. Patrick E. Higginbotham
U.S. Court of Appeals, Fifth Circuit
Austin, TX
Jennifer Bruch Hogan
Hogan & Hogan, L.L.P.
Houston, TX
Hon. Wallace B. Jefferson
Supreme Court of Texas
Austin, TX
Anne M. Johnson
Haynes and Boone, LLP
Dallas, TX
Hon. J. Woodfin (Woodie) Jones
3rd Court of Appeals
Austin, TX
Kurt Kuhn
Brown McCarroll, L.L.P.
Austin, TX
Kristofer S. Monson
Office of the Attorney General
Austin, TX
Daryl L. Moore
Attorney at Law
Houston, TX
Timothy Patton
Attorney at Law
San Antonio, TX
Hon. David Peeples
Fourth Administrative Judicial Region
San Antonio, TX
Kennon Peterson
Supreme Court of Texas
Austin, TX
Robert M. (Randy) Roach Jr.
Roach & Newton LLP
Houston, TX
David J. Schenck
Jones Day
Dallas, TX
Wayne Schiess
The University of Texas School of Law
Austin, TX
Hon. Catherine M. Stone
4th Court of Appeals
San Antonio, TX
Aaron Michael Streett
Baker Botts L.L.P.
Houston, TX
Beth Thornburg
Southern Methodist University Dedman School of Law
Dallas, TX
Thomas H. Watkins
Brown McCarroll, L.L.P.
Austin, TX
Jane M. N. Webre
Scott, Douglass & McConnico, L.L.P.
Austin, TX
Evan Young
Baker Botts L.L.P.
Austin, TX

Planning Committee

Pamela Stanton Baron—Chair
Attorney at Law
Austin, TX
Douglas W. Alexander
Alexander Dubose & Townsend LLP
Austin, TX
Hon. Jane Bland
1st Court of Appeals
Houston, TX
Hon. William J. Boyce
14th Court of Appeals
Houston, TX
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
David M. Gunn
Beck Redden & Secrest, LLP
Houston, TX
Blake A. Hawthorne
Supreme Court of Texas
Austin, TX
Samara L. Kline
Baker Botts L.L.P.
Dallas, TX
Kurt Kuhn
Brown McCarroll, L.L.P.
Austin, TX
Jeffrey S. Levinger
Hankinson Levinger LLP
Dallas, TX
Hollis L. Levy
The University of Texas School of Law
Austin, TX
Dana Livingston
Alexander Dubose & Townsend LLP
Austin, TX
Kristofer S. Monson
Office of the Attorney General
Austin, TX
Daryl L. Moore
Attorney at Law
Houston, TX
Scott Rothenberg
Law Offices of Scott Rothenberg
Houston, TX
Jane M. N. Webre
Scott, Douglass & McConnico, L.L.P.
Austin, TX
Evan Young
Baker Botts L.L.P.
Austin, TX

UT Law CLE

2010 Conference on State and Federal Appeals

Credit Information

MCLE Credit

Texas
12.50 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Administrative Law, 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
12.50 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
15.00 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

2010 Conference on State and Federal Appeals

Key Dates

Austin

  • Last day for Standard Registration early registration: May 26, 2010
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 28, 2010
  • Last day for cancellation (partial refund): Jun 1, 2010
    $50 processing fee applied

UT Law CLE

2010 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 12, 2010

Parking Information

Valet Only: $12/day, $28.50 overnight

UT Law CLE

2010 Conference on State and Federal Appeals

Sponsors