University of Texas School of Law
21st Annual
Conference on State and Federal Appeals
Austin Jun 2-3, 2011 Four Seasons Hotel
Conference Concluded
Related products: eConferences, Materials

UT Law CLE

2011 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. 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.

UT Law CLE

2011 Conference on State and Federal Appeals

12/16/19
Schedule

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

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

UT Law CLE

2011 Conference on State and Federal Appeals

Faculty

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

UT Law CLE

2011 Conference on State and Federal Appeals

Credit Information

MCLE Credit

Texas
12.25 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil 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
12.25 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
14.50 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

2011 Conference on State and Federal Appeals

Key Dates

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
  • Last day for cancellation (partial refund): May 31, 2011
    $50 processing fee applied

UT Law CLE

2011 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

$235.00 good through May 9, 2011

Parking Information

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

UT Law CLE

2011 Conference on State and Federal Appeals

Sponsors