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22nd Annual

Conference on State and Federal Appeals

Austin May 31 - Jun 1, 2012 Four Seasons Hotel
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Overview

Now in its 22nd year, the Conference on State and Federal Appeals remains the premier conference on appellate practice and procedure in Texas. The program is designed for advanced-level civil appellate practitioners with opportunities to interact with state and federal appellate judges.

Join the Hons. Wallace B. Jefferson, Nathan L. Hecht, and Debra Lehrmann for the Texas Supreme Court Panel; and the Hons. Fortunato P. Benavides, Emilio M. Garza, and Joseph B. Morris as they share lessons learned over a lifetime of service on the appellate bench.

The 2012 conference features in-depth coverage of Texas procedural updates including voir dire, ebriefing, damages and waivers, and offers 12.50 hours of CLE credit including your entire annual 3.00 hours of ethics credit.

The traditional Friday luncheon with the appellate judiciary continues in 2012 (separate fee).

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

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Event Schedule

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

  • Day 1 May 31, 2012
  • Day 2 June 1, 2012
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, May 31, 2012
    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
    0.58 hr
    Procedural Update
    Coverage of the most recent cases affecting civil trial and appellate practice, with a paper that should be on every practitioner's desk.

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

  • 9:20 am
    0.50 hr
    Voir Dire Update: When to Challenge for Cause and How to Preserve Error
    A look at recent cases addressing challenges for cause and how to apply them to your practice to preserve error.

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

  • 9:50 am
    0.42 hr
    What's New in Early Review: Recent Developments in Mandamus and Interlocutory Appeal
    A look at the most recent cases in the ever-expanding area of early appellate review.

    Lisa Bowlin Hobbs, Kuhn Hobbs PLLC - Austin, TX

  • 10:15 am
    Break

  • 10:30 am
    0.50 hr
    Ten Things the Texas Courts of Appeals Could Do Better (According to the Appellate Bar)
    There is always room for improvement—even by appellate courts. An appellate practitioner and Court of Appeals' Justice engage in a frank and direct discussion of the results of a survey of practitioners' suggestions for improved decision-making by the appellate courts.

    Hon. William J. Boyce, Fourteenth Court of Appeals - Houston, TX
    Stacy R. Obenhaus, Gardere Wynne Sewell - Dallas, TX

  • 11:00 am
    0.67 hr
    Three Veteran Judges Tell It Like It Is
    A candid conversation about lessons learned over a lifetime of service on the appellate bench.

    Moderator:
    Nina Cortell, Haynes and Boone, LLP - Dallas, TX
    Panelists:
    Hon. Fortunato P. Benavides, U.S. Court of Appeals, Fifth Circuit - Austin, TX
    Panelists:
    Hon. Emilio Miller Garza, U.S. Court of Appeals, Fifth Circuit - San Antonio, TX
    Panelists:
    Hon. Joseph B. Morris, Fifth District Court of Appeals - Dallas, TX

  • 11:40 am
    Lunch on your Own

  • Thursday Afternoon, May 31, 2012
    Presiding Officer:
    Richard B. Phillips Jr., Thompson & Knight LLP - Dallas, TX
  • 12:55 pm
    0.50 hr
    Statutory Interpretation 2012
    All conflicts in statutory interpretation have been resolved—not! Phil Durst talks about statutory interpretation—need we say more? In case we do, this topic discusses recent cases and trends in appeals involving the interpretation of statutes in the Texas courts.

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

  • 1:25 pm
    0.50 hr
    eBriefing Update
    Mandatory electronic filing is here in some appellate courts and imminent in others. Find out what's happening with electronic filing, electronic records, and how to make your electronic briefs more effective.

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

  • 1:55 pm
    0.50 hr
    Procedural Rules Update
    This has been a busy year for new rules thanks to the 2011 legislative session that enacted statutes requiring rules addressing loser pays and expedited proceedings. Find out what the new rules are and what they aren't.

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

  • 2:25 pm
    Break

  • 2:40 pm
    1.00 hr ethics
    Appellate Ethics Roundtable
    A no-holds-barred discussion of ethical challenges appellate practitioners face, from the engagement letter to conflicts, withdrawal, the new barratry statute that creates private causes of action for damages, and even grievances.

    Moderator:
    Scott Rothenberg, Law Offices of Scott Rothenberg - Houston, TX
    Panelists:
    William J. Chriss, Law Office of William J. Chriss, P.C., of counsel to Gravely & Pearson, L.L.P. - Austin, TX
    Panelists:
    Cynthia Canfield Hamilton, State Bar of Texas - Austin, TX
    Panelists:
    James M. McCormack, The Law Office of James M. McCormack - Austin, TX

  • 3:40 pm
    0.58 hr
    The Art of Persuasion
    Studies into the functionality of the human brain provide a different perspective on the concepts of persuasion. The presentation takes scientific, marketing and sociology concepts and translates them into considerations for use in presentations for all types of cases.

    Jim M. Perdue Jr., Perdue Kidd & Vickery - Houston, TX

  • 4:15 pm
    1.00 hr ethics
    Who Wants to Be an Ethics Millionaire?
    Contestants answer ethics questions - with help from the audience and phone-a-friend - for a chance at fame and fortune.

    Moderator:
    Douglas W. Alexander, Alexander Dubose & Townsend LLP - Austin, TX
    Co-Authors:
    Richard Russell Hollenbeck, Wright Brown & Close - Houston, TX
    Co-Authors:
    Alene Ross Levy, Haynes & Boone - Houston, TX
    Co-Authors:
    Daryl L. Moore, Daryl L. Moore, P.C. - Houston, TX
    Co-Authors:
    Jo Ann Storey, Jo Ann Storey, P.C. - Houston, TX
    Panelists:
    Phil Durst, Deats, Durst, Owen & Levy, P.L.L.C. - Austin, TX
    Panelists:
    Jane M. N. Webre, Scott, Douglass & McConnico, L.L.P. - Austin, TX

  • 5:15 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, June 1, 2012
    Presiding Officer:
    Elizabeth V. Rodd, Supreme Court of Texas - Austin, TX
  • 7:45 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.33 hr
    Damages Update
    An analysis of recent cases affecting the award of actual and exemplary damages and how they impact trial and appellate practice.

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

  • 8:50 am
    0.42 hr ethics
    Waiver Update: You Say Goodbye, and I Say Hello
    A look at the vastly different ways the Courts of Appeals and the Texas Supreme Court decide questions of waiver.

    Kurt Kuhn, Kurt Kuhn, PLLC - Austin, TX

  • 9:15 am
    0.50 hr
    Appellate Court Studies
    A statistical analysis of decision-making by the appellate courts can reveal important information on how to structure an appeal.

    Frank B. Cross, The University of Texas at Austin - Austin, TX
    Stefanie Lindquist, The University of Texas School of Law - Austin, TX

  • 9:45 am
    0.33 hr
    Appellate Tech Tools and Tips
    Set your gadgets to mute and get ready for a quick look at the best tech tools, tips and apps for appellate practitioners.

    Don Cruse, Law Office of Don Cruse - Austin, TX

  • 10:05 am
    Break

  • 10:20 am
    0.42 hr
    Ten Things Your Client Needs to Know About Taking a Case to the Texas Supreme Court
    Clients need to understand the process, the odds, and the time and expense of taking an appeal to the Texas Supreme Court so that they can make informed decisions about settlement and whether and how to proceed. Educating clients also helps manage expectations so that there are no surprises.

    Pamela Stanton Baron, Attorney at Law - Austin, TX

  • 10:45 am
    0.50 hr
    Texas Supreme Court Update
    A look at the most important cases of the last year and their impact on trial and appellate practice.

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

  • 11:15 am
    0.75 hr
    Texas Supreme Court Panel
    A candid conversation with the Justices about what's new at the court, the state of the docket, and ways practitioners can improve their chances of obtaining favorable relief for their clients.

    Moderator:
    Jeffrey S. Levinger, Levinger PC - Dallas, 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. Dale Wainwright, Supreme Court of Texas - Austin, TX

  • Friday Afternoon, June 1, 2012
    Presiding Officer:
    Elana S. Einhorn, The University of Texas School of Law - Austin, TX
  • Luncheon Presentation

  • 12:00 pm
    0.00 hr ethics
    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 $10).

     

    SPECIAL THANKS TO OUR LUNCHEON SPONSOR
    Brown McCarroll, L.L.P.

  • 1:00 pm
    Return to General Session

  • 1:15 pm
    0.75 hr
    Fifth Circuit Panel
    A panel of Fifth Circuit judges discuss what they do, the court's docket, and better ways for us to represent parties before the Fifth Circuit.

    Moderator:
    Samara L. Kline, Baker Botts L.L.P. - Dallas, TX
    Panelists:
    Hon. Jennifer Walker Elrod, U.S. Court of Appeals, Fifth Circuit - Houston, TX
    Panelists:
    Hon. Priscilla R. Owen, U.S. Court of Appeals, Fifth Circuit - Austin, TX

  • 2:00 pm
    0.50 hr ethics
    Ethics in the Courtroom
    A Federal District Court judge discusses the highs and lows of ethical practices in the federal courts.

    Hon. Lee Yeakel, U.S. District Court, Western District of Texas - Austin, TX

  • 2:30 pm
    0.42 hr
    Fifth Circuit Update
    A practitioner focuses on cases from the past year that appellate practitioners need to know about.

    Dana Livingston, Alexander Dubose & Townsend LLP - Austin, TX
    Benjamin Lee Mesches, Haynes and Boone, LLP - Dallas, TX

  • 2:55 pm
    0.33 hr
    Federal Rehearing Motions: Practice and Persuasion
    Rehearing in the federal courts may not be quite so hopeless as you think. A look at ways to get there from here.

    Meredith B. Parenti, Weil, Gotshal & Manges LLP - Houston, TX

  • 3:15 pm
    0.50 hr
    United States Supreme Court Update
    An insightful and witty look at the most important cases of the current term.

    Kathryn Elizabeth Boatman, Andrews Kurth LLP - Houston, TX
    Kendall M. Gray, Andrews Kurth LLP - Houston, TX

  • 3:40 pm
    Adjourn

  • Day 1 May 31, 2012
  • Day 2 June 1, 2012
Download Schedule

Conference Faculty

Douglas W. Alexander

Alexander Dubose & Townsend LLP
Austin, TX

Pamela Stanton Baron

Attorney at Law
Austin, TX

Hon. Fortunato P. Benavides

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

Elizabeth G. (Heidi) Bloch

Brown McCarroll L.L.P.
Austin, TX

Kathryn Elizabeth Boatman

Andrews Kurth LLP
Houston, TX

Hon. William J. Boyce

Fourteenth Court of Appeals
Houston, TX

Elaine Grafton Carlson

South Texas College of Law
Houston, TX

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

Frank B. Cross

The University of Texas at Austin
Austin, TX

Don Cruse

Law Office of Don Cruse
Austin, TX

Phil Durst

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

Hon. Jennifer Walker Elrod

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

Hon. Emilio Miller Garza

U.S. Court of Appeals, Fifth Circuit
San Antonio, TX

Kendall M. Gray

Andrews Kurth LLP
Houston, TX

Cynthia Canfield Hamilton

State Bar of Texas
Austin, TX

Blake A. Hawthorne

Supreme Court of Texas
Austin, TX

Hon. Nathan L. Hecht

Supreme Court of Texas
Austin, TX

Lisa Bowlin Hobbs

Kuhn Hobbs PLLC
Austin, TX

Richard Russell Hollenbeck

Wright Brown & Close
Houston, TX

Hon. Wallace B. Jefferson

Supreme Court of Texas
Austin, TX

David E. Keltner

Kelly Hart & Hallman LLP
Fort Worth, TX

Samara L. Kline

Baker Botts L.L.P.
Dallas, TX

Kurt Kuhn

Kurt Kuhn, PLLC
Austin, TX

Jeffrey S. Levinger

Levinger PC
Dallas, TX

Alene Ross Levy

Haynes & Boone
Houston, TX

Stefanie Lindquist

The University of Texas School of Law
Austin, TX

Dana Livingston

Alexander Dubose & Townsend LLP
Austin, TX

James M. McCormack

The Law Office of James M. McCormack
Austin, TX

Benjamin Lee Mesches

Haynes and Boone, LLP
Dallas, TX

Daryl L. Moore

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

Hon. Joseph B. Morris

Fifth District Court of Appeals
Dallas, TX

Stacy R. Obenhaus

Gardere Wynne Sewell
Dallas, TX

Hon. Priscilla R. Owen

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

Meredith B. Parenti

Weil, Gotshal & Manges LLP
Houston, TX

Jim M. Perdue Jr.

Perdue Kidd & Vickery
Houston, TX

Scott Rothenberg

Law Offices of Scott Rothenberg
Houston, TX

Jo Ann Storey

Jo Ann Storey, P.C.
Houston, TX

Hon. Dale Wainwright

Supreme Court of Texas
Austin, TX

Jane M. N. Webre

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

Hon. Lee Yeakel

U.S. District Court, Western District of Texas
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

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

Dana Livingston

Alexander Dubose & Townsend LLP
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

Michelle M. Turner

The University of Texas School of Law
Austin, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 12.50 hrs  |  3.00 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil Trial 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 – 12.50 hrs  |  3.00 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 – 15.00 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 – May 31 - Jun 1, 2012 – Four Seasons Hotel
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $575.00 Regular pricing: May 23, 2012

$625.00 for registrations received after this time

Last day for cancellation (full refund): May 25, 2012

$50 processing fee applied after this date

Last day for cancellation: May 28, 2012

Venue

speaker

Four Seasons Hotel

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

Accommodations

$235.00 good through Apr 30, 2012

Parking Information

The Four Seasons offers valet parking for $14 during the day of the event and $32.50 for overnight use. Limited self-parking is available for $12 during the day of the event.

Our Sponsors

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

  • Baker Botts L.L.P. logo
    Baker Botts L.L.P.
    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/
  • Brown McCarroll

    Brown McCarroll
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