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Overview

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. Nathan L. Hecht, Dale Wainwright, Paul W. Green and Don. R Willett for the Texas Supreme Court Panel; the Hons. Sue Walker, H. Hollis Horton III and Tracy Christopher for the Court of Appeals Panel; and the newest Justice, Hon. Debra Lehrmann, for the Texas Supreme Court Update.

The 2011 conference features in-depth coverage of Texas procedural updates including summary judgments, error preservation, interlocutory appeals and supersedeas practice; spotlights mandamus from discovery to the filing process including hot topics and trends; and provides 2.50 hours of ethics credit.

The traditional Friday luncheon with the appellate judiciary continues in 2011 (separate fee).

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

Event Schedule

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

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, June 2, 2011
    Presiding Officer:
    Pamela Stanton Baron, Attorney at Law - Austin, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:30 am
    Welcoming Remarks

  • Texas Procedural Update 4-Pack
  • 8:45 am
    0.33 hr
    Advanced Summary Judgment Update
    A brief look at recent summary judgment cases, with ideas for appellate persuasion and for avoiding common pitfalls.

    Hon. Jane Bland, First Court of Appeals - Houston, TX

  • 9:05 am
    0.42 hr
    Preservation Update
    An overview of recent opinions on error preservation, an analysis of current trends, and a few unusual examples for your entertainment.

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

  • 9:30 am
    0.33 hr
    Interlocutory Appeals Update
    This presentation addresses recent developments in interlocutory appeals practice, focusing on the scope of interlocutory appellate jurisdiction and the procedural requirements for pursuing an interlocutory appeal.

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

  • 9:50 am
    0.42 hr
    Supersedeas Update
    The course paper includes a comprehensive review of Texas law regarding supersedeas practice. The remarks focus on recent case law that has clarified the practice of posting appellate security based upon the net worth of the judgment debtor as well as the authority of Texas courts to enjoin the debtor from dissipating assets pending appeal.

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

  • 10:15 am
    Break

  • 10:30 am
    0.33 hr
    Legislative Update
    This presentation provides an overview of legislation of interest to civil trial and appellate practitioners.

    Jerry D. Bullard, Adams Lynch & Loftin - Grapevine, TX

  • 10:50 am
    0.50 hr ethics
    How to Swim and Not Sink in the Trial Court: Tips to Appellate Lawyers from the Trial Court Bench 
    Appellate lawyers are often their own worst enemies when they appear in trial court. Two esteemed trial judges provide guidance on how to avoid the pitfalls.

    Moderator:
    Nina Cortell, Haynes and Boone, LLP - Dallas, TX
    Panelists:
    Hon. Barbara M.G. Lynn, U.S. District Court, Northern District of Texas - Dallas, TX
    Panelists:
    Hon. S. Craig Smith, 192nd District Court - Dallas, TX

  • 11:20 am
    0.67 hr
    Court of Appeals Panel
    Candid conversation about topics important to those who regularly practice in the Courts of Appeals.

    Moderator:
    Kent Rutter, Haynes and Boone, LLP - Houston, TX
    Panelists:
    Hon. Tracy Christopher, Fourteenth Court of Appeals - Houston, TX
    Panelists:
    Hon. H. Hollis Horton III, Ninth Court of Appeals - Beaumont, TX
    Panelists:
    Hon. Sue Walker, Second Court of Appeals - Fort Worth, TX

  • 12:00 pm
    Lunch on Your Own

  • Thursday Afternoon, June 2, 2011
    Presiding Officer:
    Kurt Kuhn, Kurt Kuhn, PLLC - Austin, TX
  • Mandamus Spotlight 3-Pack
  • 1:15 pm
    0.42 hr
    Discovery Mandamus Practice
    Fishing expeditions and other adventures—a look at recent case law affecting Texas mandamus practice, with particular emphasis on discovery disputes.

    Sara Elizabeth Janes Wolf, Fulbright & Jaworski L.L.P. - Austin, TX

  • 1:40 pm
    0.33 hr
    Mandamus Update
    A review of the hot topics and trends in mandamus law.

    Scott Patrick Stolley, Thompson & Knight LLP - Dallas, TX

  • 2:00 pm
    0.50 hr
    Mandamus Practice: Views from Inside and Outside the Courthouse
    The Supreme Court mandamus attorney and an appellate practitioner analyze what goes into a mandamus petition on its way to the Court and what the Court will do with it once it’s filed.

    Jennifer Cafferty, Supreme Court of Texas - Austin, TX
    Jane M. N. Webre, Scott, Douglass & McConnico, L.L.P. - Austin, TX

  • 2:30 pm
    0.33 hr
    Formation of Judgments
    Tips on how to draft the best judgment for your client following a jury verdict, including dealing with alternative recoveries and calculation of prejudgment interest.

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

  • 2:50 pm
    Break

  • 3:05 pm
    0.50 hr
    Electronic Briefs Nuts and Bolts
    A practical how-to guide on creating simple and advanced electronic briefs, as well as the latest information about what Justices expect from your electronic briefs based on in-depth interviews and surveys.

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

  • 3:35 pm
    0.50 hr
    United States Supreme Court Opinions: My Kid Could Do a Better Job Than That
    Join the fun as we explore the challenges of opinion-writing by dissecting opinions by the U.S. Supreme Court.

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

  • 4:05 pm
    0.42 hr
    Standard of Review
    Sufficiency-of-the-evidence standards of review in civil and criminal cases: When the worlds of money and liberty collide.

    Hon. Sharon Sue McCally, Fourteenth Court of Appeals - Houston, TX

  • 4:30 pm
    0.50 hr ethics
    Appellate Writing: Ethics and Mechanics
    A lively discussion of tips to improve appellate briefs, including ethical issues in writing.

    Chad Baruch, The Law Office Of Chad Baruch - Rowlett, TX

  • 5:00 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, June 3, 2011
    Presiding Officer:
    Elana S. Einhorn, The University of Texas School of Law - Austin, TX
  • 7:45 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.33 hr
    The Life of a Noneconomic Damages Award
    Noneconomic damages require juries to assess and courts to review awards that are among the most difficult to characterize. This session explores how Texas courts have addressed so-called "soft damages" in recent years.

    Evan Young, Baker Botts L.L.P. - Austin, TX

  • 8:50 am
    0.42 hr
    Meanwhile, Back at the Ranch: Punitive Damages in the Wake of Bennett v. Reynolds
    A discussion of the appellate courts' opinions in this widely-publicized "cattle rustling" case, which reflect the trend toward decreased tolerance for large punitive awards, but raise and leave unanswered interesting questions regarding consideration of ancillary conduct and ratio analysis.

    Susan Schlesinger Vance, Alexander Dubose & Townsend LLP - Austin, TX

  • 9:15 am
    0.50 hr ethics
    Tech Ethics
    Learn how to comply with applicable ethical rules dealing with email, websites, social media, electronic file storage and remote file access.

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

  • 9:45 am
    0.50 hr
    Fifth Circuit Update
    The Chief Judge of the Fifth Circuit reviews recent decisions of the court.

    Hon. Edith H. Jones, U.S. Court of Appeals, Fifth Circuit - Houston, TX

  • 10:15 am
    Break

  • 10:30 am
    0.42 hr
    Getting to Per Curiam
    About one-third of all deciding opinions from the Supreme Court of Texas are unsigned per curiam opinions. This presentation explores how a petition gets on the PC track at the Court, which types of cases the Court is most likely to resolve through a per curiam opinion, and strategies for advocates to suggest a PC disposition to the Court.

    Kyle Kaiser, Supreme Court of Texas - Austin, TX

  • 10:55 am
    0.50 hr
    Texas Supreme Court Update
    The Court's newest Justice reviews the Court's newest cases.

    Hon. Debra Lehrmann, Supreme Court of Texas - Austin, TX

  • 11:25 am
    0.67 hr
    Texas Supreme Court Panel
    Supreme Court Justices discuss and answer questions about what they do, the Court’s docket, and better ways for us to represent our clients before the state’s highest civil court.

    Moderator:
    Phil Durst, Deats, Durst, Owen & Levy, P.L.L.C. - Austin, TX
    Panelists:
    Hon. Paul W. Green, Supreme Court of Texas - Austin, TX
    Panelists:
    Hon. Nathan L. Hecht, Supreme Court of Texas - Austin, TX
    Panelists:
    Hon. Debra Lehrmann, Supreme Court of Texas - Austin, TX
    Panelists:
    Hon. Dale Wainwright, Supreme Court of Texas - Austin, TX
    Panelists:
    Hon. Don R. Willett, Supreme Court of Texas - Austin, TX

  • Friday Afternoon, June 3, 2011
    Presiding Officer:
    Dana Livingston, Alexander Dubose & Townsend LLP - Austin, TX
  • Sponsored Lunch with the Judiciary

  • 12:05 pm
    0.75 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 (there is an additional fee of $7).

     
    Special Thanks to Our Sponsor:

    Baker Botts L.L.P.

  • 1:05 pm
    Return to General Session

  • 1:15 pm
    0.50 hr ethics
    Where Are We and Where Are We Going: Disciplinary Rules, Ethics and Professional Practice after the Texas Bar Referendum
    Where does Texas ethics go from here?

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

  • 1:45 pm
    0.50 hr
    What's New in the Fifth Circuit Clerk's Office
    The Clerk of the Fifth Circuit provides an operational overview and an update on the Court's implementation of electronic filing and case management.

    Lyle Cayce, U.S. Court of Appeals, Fifth Circuit - New Orleans, LA

  • 2:15 pm
    0.50 hr ethics
    I'm from the Government and I'm Here to Help
    The coming collision between privacy, confidentiality and electronic court records.

    Kendall M. Gray, Andrews Kurth LLP - Houston, TX
    Jason Shyung, Andrews Kurth LLP - Dallas, TX

  • 2:45 pm
    0.42 hr
    Attorneys' Fees: Federal and State
    Procedures for obtaining appellate attorneys' fees in federal court can be counterintuitive, especially in areas where federal courts disagree in their interpretations of the rules. This presentation helps you avoid the pitfalls in federal court and challenges long-standing assumptions about attorneys' fees in state court.

    Russell Stanley Post, Beck, Redden & Secrest, L.L.P. - Houston, TX
    Kent Rutter, Haynes and Boone, LLP - Houston, TX

  • 3:10 pm
    0.50 hr
    U.S. Supreme Court Update
    A discussion of cases decided by the Supreme Court during the past year of particular interest to civil appellate lawyers, and an examination of trends regarding what types of cases the Court is hearing and how the Court is deciding cases.

    David M. Gunn, Beck, Redden & Secrest, L.L.P. - Houston, TX
    Marc S. Tabolsky, Yetter Coleman LLP - Austin, TX

  • 3:40 pm
    Adjourn

Download Schedule

Conference Faculty

Chad Baruch

The Law Office Of Chad Baruch
Rowlett, TX

Hon. Jane Bland

First Court of Appeals
Houston, TX

Hon. William J. Boyce

Fourteenth Court of Appeals
Houston, TX

Jerry D. Bullard

Adams Lynch & Loftin
Grapevine, TX

Jennifer Cafferty

Supreme Court of Texas
Austin, TX

Elaine Carlson

South Texas College of Law
Houston, TX

Lyle Cayce

U.S. Court of Appeals, Fifth Circuit
New Orleans, LA

William J. Chriss

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

Hon. Tracy Christopher

Fourteenth Court of Appeals
Houston, TX

Nina Cortell

Haynes and Boone, LLP
Dallas, TX

Don Cruse

Law Office of Don Cruse
Austin, TX

Phil Durst

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

Kendall M. Gray

Andrews Kurth LLP
Houston, TX

Hon. Paul W. Green

Supreme Court of Texas
Austin, TX

David M. Gunn

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

Blake A. Hawthorne

Supreme Court of Texas
Austin, TX

Hon. Nathan L. Hecht

Supreme Court of Texas
Austin, TX

Hon. H. Hollis Horton III

Ninth Court of Appeals
Beaumont, TX

Anne M. Johnson

Haynes and Boone, LLP
Dallas, TX

Hon. Edith H. Jones

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

Kyle Kaiser

Supreme Court of Texas
Austin, TX

Hon. Debra Lehrmann

Supreme Court of Texas
Austin, TX

Hon. Barbara M.G. Lynn

U.S. District Court, Northern District of Texas
Dallas, TX

Hon. Sharon Sue McCally

Fourteenth Court of Appeals
Houston, TX

Kristofer S. Monson

Office of the Attorney General
Austin, TX

Richard B. Phillips Jr.

Thompson & Knight LLP
Dallas, TX

Russell Stanley Post

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

Scott Rothenberg

Law Offices of Scott Rothenberg
Houston, TX

Kent Rutter

Haynes and Boone, LLP
Houston, TX

Jason Shyung

Andrews Kurth LLP
Dallas, TX

Hon. S. Craig Smith

192nd District Court
Dallas, TX

Scott Patrick Stolley

Thompson & Knight LLP
Dallas, TX

Marc S. Tabolsky

Yetter Coleman LLP
Austin, TX

Susan Schlesinger Vance

Alexander Dubose & Townsend LLP
Austin, TX

Hon. Dale Wainwright

Supreme Court of Texas
Austin, TX

Hon. Sue Walker

Second Court of Appeals
Fort Worth, TX

Jane M. N. Webre

Scott, Douglass & McConnico, L.L.P.
Austin, TX

Hon. Don R. Willett

Supreme Court of Texas
Austin, TX

Sara Elizabeth Janes Wolf

Fulbright & Jaworski 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. William J. Boyce

Fourteenth Court of Appeals
Houston, TX

Sharon E. Callaway

Crofts & Callaway, P.C.
San Antonio, TX

Nina Cortell

Haynes and Boone, LLP
Dallas, TX

Phil Durst

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

Elana S. Einhorn

The University of Texas School of Law
Austin, TX

David M. Gunn

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

Blake A. Hawthorne

Supreme Court of Texas
Austin, TX

Samara L. Kline

Baker Botts L.L.P.
Dallas, TX

Kurt Kuhn

Kurt Kuhn, PLLC
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

Daryl L. Moore, P.C.
Houston, TX

Richard B. Phillips Jr.

Thompson & Knight LLP
Dallas, TX

Elizabeth V. Rodd

Supreme Court of Texas
Austin, TX

Scott Rothenberg

Law Offices of Scott Rothenberg
Houston, TX

Evan Young

Baker Botts L.L.P.
Austin, 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

Austin – Jun 2-3, 2011 – Four Seasons Hotel
Conference Concluded
Buy
Austin
Last day for Standard Registration early registration: May 25, 2011

Add $50 for registrations received after this time

Last day for cancellation (full refund): May 27, 2011

$50 processing fee applied after this date

Last day for cancellation: May 31, 2011

Venue

speaker

Four Seasons Hotel

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

Accommodations

$235.00 good through May 9, 2011

Parking Information

$12 Valet per day, $30.30 Overnight Valet, $10 Self-parking per day

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