University of Texas School of Law
23rd Annual
Conference on State and Federal Appeals
Austin Jun 13-14, 2013 Four Seasons Hotel
Conference Concluded
Related products: eConferences, Materials

UT Law CLE

2013 Conference on State and Federal Appeals

Program Features
UT Law's Conference on State and Federal Appeals is the premier conference on appellate practice and procedure in Texas. Now in its 23rd year, the program is designed for advanced-level civil appellate practitioners.

2013 highlights include:
    • The annual Texas Supreme Court Panel, with Chief Justice Wallace B. Jefferson and Justices Paul W. Green and Phil W. Johnson
    • Justice Nathan L. Hecht, the state's longest-serving member of the judiciary, presents Where We're From, Where We're Headed-A Senior Justice's Perspective
    • What's Appealing About the New Dismissal and Expedited Trial Rules?, with Hon. Jane Bland, Hon. William J. Boyce, and Hon. Gregory T. Perkes
    • Ward Farnsworth, Dean of The University of Texas School of Law and Reporter for the Restatement Third, Torts: Liability for Economic Harm explains key elements of the Economic Loss Rule

    • Hon. Carl E. Stewart, United States Court of Appeals for the Fifth Circuit, provides insight into the state of the Court for the 2013 fiscal year
Enjoy networking opportunities with fellow colleagues during the conference and with state and federal appellate judges at the traditional Friday Lunch with the Judiciary ($10 additional charge).

UT Law CLE

2013 Conference on State and Federal Appeals

12/15/19
Schedule

Thursday Morning, June 13, 2013

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

0.33 hr

What Hath the Legislature Wrought?

An overview of selected bills passed by the 83rd Legislature.

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

9:05 am

0.50 hr

Getting the Charge Right and Charge Error Preservation

A "real life" jury charge conference with objections and submissions.

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

9:35 am

0.50 hr

Where We're From, Where We're Headed—A Senior Justice's Perspective

The state's longest-serving member of the judiciary examines the past, present and future of appellate courts and appellate practice.

Hon. Nathan L. Hecht, The Supreme Court of Texas - Austin, TX

10:05 am

0.33 hr ethics

Hidden Bombshells on Appeal: What You Must Do, and What You Should Do When Things Don't Go as Planned

An exploration of the ethical limits of advocacy and whether it is a good idea ever to tread very close to those limits.

Kendall M. Gray, Andrews Kurth LLP - Houston, TX

10:25 am
Break

10:40 am

1.00 hr

What's Appealing About the New Dismissal and Expedited Trial Rules?

A discussion of the new dismissal and expedited trial rules, as well as interlocutory appeals.

Panelists:
Hon. Jane Bland, First Court of Appeals - Houston, TX
Panelists:
Hon. William J. Boyce, Fourteenth Court of Appeals - Houston, TX
Panelists:
Hon. Gregory T. Perkes, Thirteenth Court of Appeals - Corpus Christi, TX

11:40 am
Lunch On Your Own

Thursday Afternoon, June 13, 2013

Presiding Officer:
Lisa Bowlin Hobbs, Kuhn Hobbs PLLC - Austin, TX

1:00 pm

0.50 hr

The Economic Loss Rule

The first chapter of the Restatement Third, Torts: Liability for Economic Harm discusses liability for pure economic losses caused by a defendant's negligence. Dean Farnsworth, Reporter for the Restatement Third, Torts, explains the Restatement's handling of this famously confusing area, in particular, the line of separation between claims sounding in contract and tort.

Ward Farnsworth, Dean, The University of Texas School of Law - Austin, TX

1:30 pm

0.50 hr

Vanishing Documents and Emerging Law: Spoliation in Texas

An outline of the current issues in spoliation and the standards employed by appellate courts in reviewing spoliation decisions.

Hon. Rebecca Simmons, Visiting Justice; former Justice, Fourth Court of Appeals - San Antonio, TX

2:00 pm

0.50 hr ethics

Attorneys' Fees on Appeal

Gain insight on recent cases and developments regarding the recovery of attorneys' fees on appeal.

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

2:30 pm

0.33 hr

What Next? The Ins and Outs of Wrapping Up an Appeal

Issuance of a final judgment on appeal doesn't mean the appellate lawyer's work is done. Discussion of the process of wrapping up the appeal from procedural, strategic and practical angles.

Kirsten Castañeda, Locke Lord LLP - Dallas, TX

2:50 pm

0.50 hr

Putting the "App" in Appellate Practice

What are the iPad apps that can actually make the day-to-day work of appellate law easier or more enjoyable? Three appellate lawyers discuss and demonstrate.

Panelists:
Don Cruse, Law Office of Don Cruse - Austin, TX
Panelists:
Blake A. Hawthorne, The Supreme Court of Texas - Austin, TX
Panelists:
Richard B. Phillips Jr., Thompson & Knight LLP - Dallas, TX

3:20 pm
Break

3:35 pm

1.00 hr ethics

Ethics Game Show

Remember when $10,000 was real money for winning Pyramid, and Password was a game show and not how you logged into your iPhone? Watch vintage appellate lawyers compete in a vintage game show format tackling ethical issues for a full hour.

Moderator:
Daryl L. Moore, Daryl L. Moore, P.C. - Houston, TX
Co-Authors:
Sharon E. Callaway, Crofts & Callaway, P.C. - San Antonio, TX
Jeffrey S. Levinger, Levinger PC - Dallas, TX
Scott Rothenberg, Law Offices of Scott Rothenberg - Houston, TX

4:35 pm

0.33 hr ethics

Ethics Scope of Representation and Engagement

Discussion of important issues for drafting an appellate engagement agreement, including scope of work and fiduciary duty.

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

4:55 pm

0.50 hr

End-of-Day: Procedural Update

Coverage of the most recent Texas cases and new rules of procedure affecting civil trial and appellate practices.

Professor Elaine Grafton Carlson, South Texas College of Law - Houston, TX
Co-Author:
Courtney Taylor Carlson, Jackson Walker L.L.P. - Houston, TX

5:25 pm
Adjourn

Friday Morning, June 14, 2013

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

8:00 am
Conference Room Opens

Includes continental breakfast.

8:30 am

0.33 hr

Tricks and Traps of Rule 202 Appeals

An exploration of unsettled issues surrounding Texas's unique rule allowing pre-suit investigatory discovery.

Jessica B. Pulliam, Baker Botts - Dallas, TX

8:50 am

0.42 hr

Settlement on Appeal

A practical guide to settlement on appeal, including provisions to include in a settlement agreement, what disposition should be requested from the appellate court, when remand is required, and what the appellate courts will or will not do to assist the parties in implementing a settlement.

This session will be presented at 3:20 p.m.

Lara H. Hollingsworth, Rusty Hardin & Associates - Houston, TX

9:15 am

0.33 hr

Supersedeas on the Ground

A look at the legal and practical aspects of supersedeas and judgment enforcement practice in Texas state and federal courts.

W. Alan Wright, Haynes and Boone, LLP - Dallas, TX

9:35 am

0.42 hr

Avoiding and Overcoming Post-Argument Remorse

How to give your best oral argument the first time around, and how to recover when something goes wrong.

Wade Crosnoe, Thompson Coe Cousins & Irons, LLP - Austin, TX

10:00 am
Break

10:15 am

0.50 hr

Technological Appellate Advocate

The new e-filing rules present both challenges and opportunities to appellate practitioners. Learn how to effectively harness technology as an advocacy tool.

Douglas W. Alexander, Alexander Dubose & Townsend LLP - Austin, TX

10:45 am

0.50 hr

Texas Supreme Court Update

Update on the most recent Supreme Court cases.

Hon. Jeffrey S. Boyd, The Supreme Court of Texas - Austin, TX

11:15 am

0.75 hr

Texas Supreme Court Panel

An unscripted discussion of the high Court's docket, decisions and outlook.

Moderator:
David M. Gunn, Beck Redden LLP - Houston, TX
Panelists:
Hon. Wallace B. Jefferson, The Supreme Court of Texas - Austin, TX
Hon. Paul W. Green, The Supreme Court of Texas - Austin, TX
Hon. Phil W. Johnson, The Supreme Court of Texas - Austin, TX

Friday Afternoon, June 14, 2013

Presiding Officer:
Elana S. Einhorn, The University of Texas School of Law - Austin, TX

SPONSORED LUNCH WITH THE JUDICIARY

12:00 pm
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 to attend ($10.00 additional charge).


SPECIAL THANKS TO OUR LUNCH SPONSORS
Andrews Kurth LLP
Baker Botts
Thompson & Knight LLP

12:50 pm
Return to General Session

1:00 pm

0.33 hr

State of the Fifth Circuit

An overview of Fifth Circuit operations in the wake of budgeting and case-load challenges during the 2013 fiscal year .

Hon. Carl E. Stewart, United States Court of Appeals for the Fifth Circuit - Shreveport, LA

1:20 pm

0.50 hr

Fifth Circuit Update

A practitioner-focused discussion of cases from the Fifth Circuit over the past year that affect the appellate practice.

Marcy Hogan Greer, Fulbright & Jaworski L.L.P. - Austin, TX

1:50 pm

0.50 hr

U.S. Supreme Court Update

A look at the most important decisions (and impending decisions) of the current Term.

P. Michael Jung, Strasburger & Price, LLP - Dallas, TX

2:20 pm
Break

2:35 pm

0.42 hr ethics

Case Study: The Intersection of Legal Malpractice and Federal Jurisdiction

How the case-within-a-case aspect of a legal malpractice claim implicates federal jurisdiction, res judicata and governance of the attorney-client relationship.

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

3:00 pm

0.33 hr

Stern v. Marshall - Art I v. Art III

A crash course on bankruptcy court jurisdiction and where Stern v. Marshall fits.

Omar J. Alaniz, Baker Botts - Dallas, TX

3:20 pm

0.42 hr

Federal Interlocutory Appeals and Mandamus

The bases for interlocutory appeals and mandamus in federal court are markedly different from those in state court. Update and trends on this very active area of federal appellate practice.

This session will be presented at 8:50 a.m.

Dana Livingston, Alexander Dubose & Townsend LLP - Austin, TX

3:45 pm
Adjourn

UT Law CLE

2013 Conference on State and Federal Appeals

Faculty

Conference Faculty

Omar J. Alaniz
Baker Botts
Dallas, TX
Douglas W. Alexander
Alexander Dubose & Townsend LLP
Austin, TX
Hon. Jane Bland
First Court of Appeals
Houston, TX
Hon. William J. Boyce
Fourteenth Court of Appeals
Houston, TX
Hon. Jeffrey S. Boyd
The Supreme Court of Texas
Austin, TX
Jerry D. Bullard
Adams Lynch & Loftin
Grapevine, TX
Sharon E. Callaway
Crofts & Callaway, P.C.
San Antonio, TX
Courtney Taylor Carlson
Jackson Walker L.L.P.
Houston, TX
Professor Elaine Grafton Carlson
South Texas College of Law
Houston, TX
Kirsten Castañeda
Locke Lord LLP
Dallas, TX
Wade Crosnoe
Thompson Coe Cousins & Irons, LLP
Austin, TX
Don Cruse
Law Office of Don Cruse
Austin, TX
Phil Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Ward Farnsworth
Dean, The University of Texas School of Law
Austin, TX
Kendall M. Gray
Andrews Kurth LLP
Houston, TX
Hon. Paul W. Green
The Supreme Court of Texas
Austin, TX
Marcy Hogan Greer
Fulbright & Jaworski L.L.P.
Austin, TX
David M. Gunn
Beck Redden LLP
Houston, TX
Blake A. Hawthorne
The Supreme Court of Texas
Austin, TX
Hon. Nathan L. Hecht
The Supreme Court of Texas
Austin, TX
Lara H. Hollingsworth
Rusty Hardin & Associates
Houston, TX
Hon. Wallace B. Jefferson
The Supreme Court of Texas
Austin, TX
Hon. Phil W. Johnson
The Supreme Court of Texas
Austin, TX
P. Michael Jung
Strasburger & Price, LLP
Dallas, TX
David Keltner
Kelly Hart & Hallman LLP
Fort Worth, TX
Jeffrey S. Levinger
Levinger PC
Dallas, TX
Dana Livingston
Alexander Dubose & Townsend LLP
Austin, TX
Daryl L. Moore
Daryl L. Moore, P.C.
Houston, TX
Hon. Gregory T. Perkes
Thirteenth Court of Appeals
Corpus Christi, TX
Richard B. Phillips Jr.
Thompson & Knight LLP
Dallas, TX
Jessica B. Pulliam
Baker Botts
Dallas, TX
Robert M. (Randy) Roach Jr.
Roach & Newton
Houston, TX
Scott Rothenberg
Law Offices of Scott Rothenberg
Houston, TX
Hon. Rebecca Simmons
Visiting Justice; former Justice, Fourth Court of Appeals
San Antonio, TX
Hon. Carl E. Stewart
United States Court of Appeals for the Fifth Circuit
Shreveport, LA
Jane M. N. Webre
Scott, Douglass & McConnico, L.L.P.
Austin, TX
W. Alan Wright
Haynes and Boone, LLP
Dallas, TX

Planning Committee

Pamela Stanton Baron—Chair
Attorney at Law
Austin, TX
Douglas W. Alexander
Alexander Dubose & Townsend LLP
Austin, TX
Hon. Jane Bland
First Court of Appeals
Houston, TX
Hon. William J. Boyce
Fourteenth Court of Appeals
Houston, TX
Sharon E. Callaway
Crofts & Callaway, P.C.
San Antonio, TX
Kirsten Castañeda
Locke Lord LLP
Dallas, TX
Nina Cortell
Haynes and Boone, LLP
Dallas, TX
Wade Crosnoe
Thompson Coe Cousins & Irons, LLP
Austin, 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 LLP
Houston, TX
Blake A. Hawthorne
The Supreme Court of Texas
Austin, TX
Samara L. Kline
Baker Botts
Dallas, TX
Kurt Kuhn
Kurt Kuhn, PLLC
Austin, TX
Jeffrey S. Levinger
Levinger PC
Dallas, 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
Scott Rothenberg
Law Offices of Scott Rothenberg
Houston, TX
Michelle M. Turner
The University of Texas School of Law
Austin, TX

UT Law CLE

2013 Conference on State and Federal Appeals

Credit Information

MCLE Credit

Texas
12.50 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil Trial Law, Personal Injury 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
12.50 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

2013 Conference on State and Federal Appeals

Key Dates

Austin

  • Last day for Standard Registration early registration: Jun 7, 2013
    Add $50 for registrations received after this time
  • Last day for Group 10% (5-9) early registration: Jun 7, 2013
    Add $50 for registrations received after this time
  • Last day for Group 20% (10+) early registration: Jun 7, 2013
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Jun 7, 2012
  • Last day for cancellation (partial refund): Jun 10, 2013
    $50 processing fee applied

UT Law CLE

2013 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

$240.00 good through May 13, 2013
Reserve your room online.

Parking Information

Valet parking is $16 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.

UT Law CLE

2013 Conference on State and Federal Appeals

Sponsors