Overview

UT Law's 24th Annual Conference on State and Federal Appeals—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. Enjoy networking opportunities with fellow colleagues during the conference and with appellate judges at Friday's traditional Luncheon with the Judiciary—now included with registration.
This conference is a must-attend event for every Texas civil appellate practitioner.
2014 highlights include:

  • Interview with Former Chief Justice Wallace B. Jefferson
  • Lyle Cayce provides an Update for Appellate Attorneys from the Fifth Circuit Clerk of Court
  • Texas Supreme Court Update presented by Justice Jeff Brown, and the annual Texas Supreme Court Panel with Justices Nathan L. Hecht, Jeffrey S. Boyd and Phil W. Johnson
  • Two Luncheon Presentations included with registration—Can You Make Your Audience Smarter? with Jim M. Perdue Jr. on Thursday, and Luncheon with the Judiciary on Friday
  • Earn 2.75 hours ethics including What Judges Know about What Other Judges Know about Ethics with First Court of Appeals Justices Jane Bland and Harvey G. Brown Jr., and Fourteenth Court of Appeals Justices Tracy Christopher and Kenneth P. Wise

Event Schedule

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

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, June 5, 2014
    Presiding Officer:
    Pamela Stanton Baron, Attorney at Law - Austin, TX
  • 7:30 am
    Registration Opens
    Includes continental breakfast.

  • 8:30 am
    Welcoming Remarks

  • 8:40 am
    0.33 hr
    State Mandamus Update
    A look at the past year’s key mandamus decisions and what they portend for the future.

    Scott P. Stolley, Thompson & Knight LLP - Dallas, TX

  • 9:00 am
    0.50 hr
    Procedural Update
    Coverage of the most recent Texas cases and amended rules of procedure affecting civil trial and appellate practices.

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

  • 9:30 am
    0.50 hr ethics
    Briefing Waiver Update
    Look into recent cases and trends on briefing waiver, review the briefing standards in Texas appellate courts, and learn practical suggestions for avoiding briefing waiver.

    Thomas S. Leatherbury, Vinson & Elkins LLP - Dallas, TX

  • 10:00 am
    0.50 hr ethics
    Prevailing in the Face of "White Horse Authority"
    A client hires you on appeal in a "must win" case, but your research reveals authority that is directly against your client's position. Explore techniques and strategies that you can, and sometimes must, use when confronted with "white horse authority" that is adverse to your client's position.

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

  • 10:30 am
    Break

  • 10:45 am
    0.50 hr ethics
    Can I Cite Wikipedia?
    Is it ethical and advisable to cite Internet authority? How reliable are online sources compared to published sources? When do cites to the Internet constitute prohibited extra-record materials? If it's on the Internet, it's not always the truth!

    Robert B. Dubose, Alexander Dubose Jefferson & Townsend LLP - Houston, TX

  • 11:15 am
    0.50 hr
    Extreme Brief Makeover
    Writing and persuading in the 21st Century.

    Hon. Scott A. Brister, Andrews Kurth LLP - Austin, TX
    Kendall M. Gray, Andrews Kurth LLP - Houston, TX

  • 11:45 am
    Pick Up Lunch
    Included in registration.

  • Thursday Afternoon, June 5, 2014
    Presiding Officer:
    Richard B. Phillips Jr., Thompson & Knight LLP - Dallas, TX
  • Luncheon Presentation
  • 12:05 pm
    0.75 hr
    Can You Make Your Audience Smarter?
    Lawyers often say, “They just couldn't get it.” But what if it was you and not them? Persuasive legal writing and argument requires smart thinking. This presentation offers ideas of how to frame choices, present questions, and tailor language that appeal to brain pathways and decision schemas designed to compel your desired result.

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

  • 12:50 pm
    Break

  • 1:05 pm
    0.50 hr ethics
    Sneaky Ethics
    Some ethical issues are "in your face," while others sneak up on you, disguised as everyday tasks. Whether they are woven into the rules, created by emerging case law, or generated by case management issues, these sneaky ethical issues are a lot easier to handle properly when you know how to spot them.

    Kirsten Castañeda, Locke Lord LLP - Dallas, TX

  • 1:35 pm
    0.50 hr
    Compensatory Damages
    Recent developments on how to minimize or maximize your damage award on appeal.

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

  • 2:05 pm
    0.50 hr
    TCPA: Slapping Around Anti-SLAPP
    A case study in statutory construction.

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

  • 2:35 pm
    0.33 hr
    Harmless Error
    How to determine when error is harmless and when it is not.

    Hon. Rebeca Huddle, First Court of Appeals - Houston, TX

  • 2:55 pm
    Break

  • 3:05 pm
    0.42 hr
    A Prayer and A Hope
    Do appellate courts answer prayers? Effective prayers to get the relief you really want.

    Lisa Bowlin Hobbs, Kuhn Hobbs PLLC - Austin, TX

  • 3:30 pm
    0.50 hr
    Oral Argument: Organization and Preparation
    A look at argument preparation, mooting the argument, and effectively answering questions from the bench. One of the state’s leading oral advocates explains the secrets of his success.

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

  • 4:00 pm
    0.42 hr
    Post-Submission Briefs
    Thoughts on the strategies and procedures for filing post-submission briefs.

    Amy J. Schumacher, Attorney at Law - Austin, TX

  • 4:25 pm
    0.75 hr ethics
    What Judges Know about What Other Judges Know about Ethics
    In a game-show format, Judges from the First and Fourteenth Courts of Appeals are asked how their fellow colleague panelists would answer a series of ethics questions. This friendly competition is designed to find out what these judges know (or possibly don't know) about ethics and each other.

    Moderator:
    Daryl L. Moore, Attorney at Law - Houston, TX
    Panelists:
    Hon. Jane Bland, First Court of Appeals - Houston, TX
    Hon. Harvey G. Brown Jr., First Court of Appeals - Houston, TX
    Hon. Tracy Christopher, Fourteenth Court of Appeals - Houston, TX
    Hon. Kenneth P. Wise, Fourteenth Court of Appeals - Houston, TX
    Commentator:
    Sharon E. Callaway, Crofts & Callaway, P.C. - San Antonio, TX

  • 5:10 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, June 6, 2014
    Presiding Officer:
    Elana S. Einhorn, The University of Texas School of Law - Austin, TX
  • 7:30 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.42 hr
    Federal Mandamus Update
    From Volkswagen to Crystal Power to Radmax and beyond—what you need to know about the changing landscape of mandamus review in the Fifth Circuit.

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

  • 8:55 am
    0.33 hr
    Go Directly to the Texas Supreme Court
    A look at the various paths to the Supreme Court that bypass the State Courts of Appeals.

    Rance Craft, Office of the Attorney General - Austin, TX

  • 9:15 am
    0.50 hr
    Electronic Trail through the Clerk's Office
    A video-enhanced journey following a case from filing all the way to opinion/decision.

    Michael A. Cruz, The Supreme Court of Texas - Austin, TX

  • 9:45 am
    0.50 hr
    Questions for the Clerk of the Supreme Court of Texas
    The Clerk of the Supreme Court of Texas answers your questions about practice before the Court including eFiling and eBriefing.

    Please submit your questions in advance to service@utcle.org or onsite at the conference registration desk.

    Steven K. Hayes, Attorney at Law - Fort Worth, TX
    Blake A. Hawthorne, The Supreme Court of Texas - Austin, TX

  • 10:15 am
    0.50 hr
    Interview with Former Chief Justice Wallace B. Jefferson
    The former Chief Justice offers insights and tips for practitioners before the court.

    Pamela Stanton Baron, Attorney at Law - Austin, TX
    Hon. Wallace B. Jefferson, Alexander Dubose Jefferson & Townsend LLP - Austin, TX

  • 10:45 am
    Break

  • 11:00 am
    0.50 hr
    Texas Supreme Court Update
    A look at recent opinions issued by the Court in the current term.

    Hon. Jeff Brown, The Supreme Court of Texas - Austin, TX
    Materials By:
    Heather Jones Holmes, The Supreme Court of Texas - Austin, TX

  • 11:30 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, The Supreme Court of Texas - Austin, TX
    Hon. Paul W. Green, The Supreme Court of Texas - Austin, TX
    Hon. Jeffrey S. Boyd, The Supreme Court of Texas - Austin, TX

  • 12:15 pm
    Pick Up Lunch
    Included in registration.
    Please select "RSVP: Luncheon with the Judiciary" on the registration form to attend. 

  • Friday Afternoon, June 6, 2014
    Presiding Officer:
    Hon. Gregory T. Perkes, Thirteenth Court of Appeals - Corpus Christi, TX
  • Luncheon with the Judiciary
  • 12:35 pm
    Luncheon with the Judiciary
    A unique opportunity to meet and discuss issues with members of the judiciary. Please select "RSVP: Luncheon with the Judiciary" on the registration form to attend. 

    THANK YOU TO OUR LUNCHEON SPONSORS

    Baker Botts
    Thompson & Knight LLP
    Vinson & Elkins LLP

  • 1:25 pm
    Break

  • 1:35 pm
    0.50 hr
    2014 Update for Appellate Attorneys from the Fifth Circuit Clerk of Court
    The Clerk of the Fifth Circuit discusses recent rule changes and technological advances.

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

  • 2:05 pm
    0.50 hr
    Fifth Circuit Update
    Recent opinions and trends in civil litigation.

    David S. Coale, Lynn Tillotson Pinker & Cox, L.L.P. - Dallas, TX

  • 2:35 pm
    0.50 hr
    U.S. Supreme Court Update
    A survey of the U.S. Supreme Court rulings for this term.

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

  • 3:05 pm
    0.42 hr
    Challenging Arbitration Awards
    What’s new in challenging arbitration awards in state and federal courts.

    Mark Trachtenberg, Haynes and Boone, LLP - Houston, TX

  • 3:30 pm
    Adjourn

Conference Faculty

Pamela Stanton Baron

Attorney at Law
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

Hon. Scott A. Brister

Andrews Kurth LLP
Austin, TX

Hon. Harvey G. Brown Jr.

First Court of Appeals
Houston, TX

Hon. Jeff Brown

The Supreme Court of Texas
Austin, TX

Sharon E. Callaway

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

Courtney Taylor Carlson

Jackson Walker L.L.P.
Houston, TX

Elaine Grafton Carlson

South Texas College of Law
Houston, TX

Kirsten Castañeda

Locke Lord LLP
Dallas, TX

Lyle Cayce

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

Hon. Tracy Christopher

Fourteenth Court of Appeals
Houston, TX

David S. Coale

Lynn Tillotson Pinker & Cox, L.L.P.
Dallas, TX

Rance Craft

Office of the Attorney General
Austin, TX

Michael A. Cruz

The Supreme Court of Texas
Austin, TX

Robert B. Dubose

Alexander Dubose Jefferson & Townsend LLP
Houston, TX

Philip Durst

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

Kendall M. Gray

Andrews Kurth LLP
Houston, TX

Hon. Paul W. Green

The Supreme Court of Texas
Austin, TX

David M. Gunn

Beck Redden LLP
Houston, TX

Blake A. Hawthorne

The Supreme Court of Texas
Austin, TX

Steven K. Hayes

Attorney at Law
Fort Worth, TX

Hon. Nathan L. Hecht

The Supreme Court of Texas
Austin, TX

Lisa Bowlin Hobbs

Kuhn Hobbs PLLC
Austin, TX

Heather Jones Holmes

The Supreme Court of Texas
Austin, TX

Hon. Rebeca Huddle

First Court of Appeals
Houston, TX

Hon. Wallace B. Jefferson

Alexander Dubose Jefferson & Townsend LLP
Austin, TX

David Keltner

Kelly Hart & Hallman LLP
Fort Worth, TX

Thomas S. Leatherbury

Vinson & Elkins LLP
Dallas, TX

Jeffrey S. Levinger

Levinger PC
Dallas, TX

Dana Livingston

Alexander Dubose Jefferson & Townsend LLP
Austin, TX

Daryl L. Moore

Attorney at Law
Houston, TX

Jim M. Perdue Jr.

Perdue & Kidd, LLP
Houston, TX

Scott Rothenberg

Law Offices of Scott Rothenberg
Houston, TX

Amy J. Schumacher

Attorney at Law
Austin, TX

Scott P. Stolley

Thompson & Knight LLP
Dallas, TX

Mark Trachtenberg

Haynes and Boone, LLP
Houston, TX

Hon. Kenneth P. Wise

Fourteenth Court of Appeals
Houston, TX

Planning Committee

Pamela Stanton Baron—Chair

Attorney at Law
Austin, TX

Douglas W. Alexander

Alexander Dubose Jefferson & 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

Rance Craft

Office of the Attorney General
Austin, TX

Philip Durst

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

Elana S. Einhorn

The University of Texas School of Law
Austin, TX

Blake A. Hawthorne

The Supreme Court of Texas
Austin, TX

Kurt Kuhn

Kuhn Hobbs PLLC
Austin, TX

Dana Livingston

Alexander Dubose Jefferson & Townsend LLP
Austin, TX

Daryl L. Moore

Attorney at Law
Houston, TX

Richard B. Phillips Jr.

Thompson & Knight LLP
Dallas, TX

Scott Rothenberg

Law Offices of Scott Rothenberg
Houston, TX

Jane M. N. Webre

Scott, Douglass, & McConnico, 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.  
UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. You will receive a Certificate of Attendance 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. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
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 5-6, 2014 – Four Seasons Hotel
Conference Concluded
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Last day for Individual early registration: May 28, 2014

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Last day for Government Attorney early registration: May 28, 2014

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Last day for Group 10% (5-9) (5 registrants minimum) early registration: May 28, 2014

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Last day for Group 20% (10+) (10 registrants minimum) early registration: May 28, 2014

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Last day for cancellation (full refund): May 30, 2014

$50 processing fee applied after this date

Last day for cancellation: Jun 2, 2014

Venue

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

$12 Event Daily; $16 Valet Daily; $32.50 Overnight Self-Parking or Valet.

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