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25th Annual Conference on

State and Federal Appeals

Austin Jun 4-5, 2015 Four Seasons Hotel
Conference Concluded
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Beck Redden LLP
Commercial Surety Bond Agency
Enoch Kever PLLC
Thompson & Knight LLP
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Overview

UT Law's 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. Now in its 25th year, this conference is a must-attend event for every Texas civil appellate practitioner.
 
2015 highlights include:

  • Chief Justice Nathan Hecht provides his perspectives on over 25 years on the Texas Supreme Court, as well as offers tips for practitioners
  • Jerry D. Bullard provides the latest developments from the 84th Legislature
  • Review recent updates in the current term from the Texas Supreme Court, Fifth Circuit and U.S. Supreme Court
  • Ethics Three-Pack: Legal Malpractice, Client Confidentiality in the Digital Era, and Ethical and Effective Appellate Marketing
  • Hon. Craig T. Enoch moderates a panel of four Texas Supreme Court Justices about administrative and procedural rule changes and cases to watch for in the upcoming year
  • Learn about the dynamics of seeking and obtaining en banc review in the Fifth Circuit from Dana Livingston and U.S. Court of Appeals Judge Jennifer Walker Elrod
  • Gain insight from Kurt Kuhn on what types of amicus briefs are having an impact on the Court
  • Hear updates on governmental immunity, jury charges, interlocutory appeals, attorney fees, spoliation and sanctions, expert testimony, Texas civil procedure and personal jurisdiction
  • Networking opportunities with judges and fellow colleagues during the conference and at Friday’s traditional Luncheon with the Judiciary

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Event Schedule

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

  • Day 1 June 4, 2015
  • Day 2 June 5, 2015
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, June 4, 2015
    Presiding Officer:
    Pamela Stanton Baron, Attorney at Law - Austin, TX
  • 7:30 am
    Registration Opens
    Includes continental breakfast.

  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    0.42 hr
    Looking Back at the 84th Legislature
    An overview of bills that passed and those that didn't—but you should know about anyway.

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

  • 8:55 am
    0.42 hr
    Statutory Construction
    What methods of interpretation are available to courts, which ones do they use, and why? Unlike federal courts, the Texas high courts have limited their toolbox, taking a unique approach to statutory construction that raises this question—do Texas courts embrace methodological stare decisis?

    Constance H. Pfeiffer, Beck Redden LLP - Houston, TX

  • 9:20 am
    0.42 hr
    Governmental Immunity Update
    Review recent Texas cases affecting governmental immunity and a look at important unanswered questions.

    Chris Coppola, City of Austin Law Department - Austin, TX

  • 9:45 am
    0.50 hr
    Jury Charge Update
    Examine the significant jury charge cases over the past year and the most common recurring problems.

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

  • 10:15 am
    Break

  • 10:30 am
    0.42 hr
    Interlocutory Appeal Update
    A look at recent developments in the ever-expanding world of interlocutory appeals, including how the Courts of Appeals are responding to petitions for permission to appeal under CPRC 51.014(d). Also, what happens when the Legislature’s right hand doesn’t know what its left hand is doing?

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

  • 10:55 am
    0.50 hr ethics
    Attorneys Fees Update
    A discussion of recent appeals involving minimizing and maximizing fee awards and how to attack them or protect them.

    Jeffrey S. Levinger, Levinger PC - Dallas, TX
    Carl Cecere, Cecere PC - Dallas, TX

  • 11:25 am
    0.50 hr ethics
    Spoliation and Sanctions Update
    A focus on emerging issues governing when clients and their attorneys can be sanctioned by Texas courts. Recent decisions focus on sanctions for groundless pleadings under Texas Rule of Civil Procedure 13 and Chapter 10 of the Texas Civil Practice and Remedies Code, as well as imposition of sanctions for fabricating, destroying, or failing to preserve evidence.

    Emily R. Jolly, Enoch Kever PLLC - Austin, TX
    Melissa Lorber, Enoch Kever PLLC - Austin, TX

  • 11:55 am
    Pick Up Lunch
    Included in registration.

  • Thursday Afternoon, June 4, 2015
    Presiding Officer:
    Hon. Jane Bland, First Court of Appeals - Houston, TX
  • LUNCHEON PRESENTATION
  • 12:15 pm
    1.00 hr ethics
    Ethics Three-Pack: Legal Malpractice, Client Confidentiality in the Digital Era, and Ethical and Effective Appellate Marketing
    It was hard enough maintaining client confidentiality in the era of paper files, landlines and photocopiers. Learn techniques to maintain your client’s confidentiality in this new age of the cloud, web, smartphones and tablets, and digital copiers.

    Sam Johnson, Scott, Douglass & McConnico, L.L.P. - Austin, TX
    Gene Major, State Bar of Texas - Austin, TX
    Scott Rothenberg, Law Offices of Scott Rothenberg - Houston, TX

  • 1:15 pm
    Break

  • 1:30 pm
    0.58 hr
    Texas Supreme Court Update
    A look at recent opinions issued by the Court in the current term.

    Hon. Jeffrey S. Boyd, The Supreme Court of Texas - Austin, TX
    David M. Gunn, Beck Redden LLP - Houston, TX

  • 2:05 pm
    0.50 hr
    0.25 hr ethics
    Appellate Judicial Survey
    This spring, the Justices of the Supreme Court of Texas and each of the fourteen Courts of Appeals were asked to complete a survey about brief writing, oral argument, amicus briefs, and professionalism, among other topics. Hear and analyze the results of the survey.

    Scott Rothenberg, Law Offices of Scott Rothenberg - Houston, TX
    Kent Rutter, Haynes and Boone, LLP - Houston, TX
    Jo Ann Storey, Jo Ann Storey, P.C. - Houston, TX

  • 2:35 pm
    0.50 hr
    Expert Testimony Update
    Examine recent appeals and trends involving the handling and striking of expert witnesses by the appellate courts, including when they can help and when they are vulnerable.

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

  • 3:05 pm
    Break

  • 3:15 pm
    0.50 hr
    Don’t Skip the Criminal Opinions
    Appellate Justices who started in the criminal courts explain how civil appellate practitioners can gain valuable insights from the criminal side of the docket.

    Moderator:
    Hon. William J. Boyce, Fourteenth Court of Appeals - Houston, TX
    Panelists:
    Hon. Elsa R. Alcala, Texas Court of Criminal Appeals - Austin, TX
    Hon. Marc W. Brown, Fourteenth Court of Appeals - Houston, TX
    Hon. Craig T. Stoddart, Fifth Court of Appeals - Dallas, TX

  • 3:45 pm
    0.33 hr
    Discovery Update for Appellate Lawyers
    Update on discovery issues recently resolved or now percolating on appeal, including mandamus.

    Karen S. Precella, Haynes and Boone, LLP - Fort Worth, TX

  • 4:05 pm
    0.67 hr
    Evidence Challenge
    You make the call. Test your knowledge of evidence by ruling on a series of objections.

    Steven Goode, The University of Texas School of Law - Austin, TX

  • 4:45 pm
    0.50 hr
    Texas Civil Procedural Update
    A look at 20 of the most significant recent decisions affecting Texas trial and appellate practice.

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

  • 5:15 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, June 5, 2015
    Presiding Officer:
    Hon. Gregory T. Perkes, Thirteenth Court of Appeals - Corpus Christi, TX
  • 7:30 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.33 hr
    The Other Side of eFiling
    Explore the problems practitioners might encounter when eFiling with appellate courts, including suggestions for addressing these problems.

    Elizabeth G. (Heidi) Bloch, Husch Blackwell LLP - Austin, TX

  • 8:50 am
    0.33 hr
    Damages Error: Remand or Render? 
    Reversible damages error can be the end of the road or a chance to start over. Find out what you can use from recent appellate opinions to get the disposition you want.

    Melissa Michelle Davis, The Supreme Court of Texas - Austin, TX

  • 9:10 am
    0.33 hr
    Prejudgment Interest and Other Judgment Battlegrounds
    An update on developments in prejudgment and post-judgment interest law and other challenges faced by Texas practitioners in forming a judgment.

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

  • 9:30 am
    0.42 hr
    Post-Verdict Pitfalls and Proposed Remedies
    How to snatch victory out of the jaws of defeat—or at least how to avoid making it worse—while still in the trial court.

    Lynne Liberato, Haynes and Boone, LLP - Houston, TX
    Co-Author:
    Nina Cortell, Haynes and Boone, LLP - Dallas, TX

  • 9:55 am
    0.33 hr
    The Impact of Amicus Briefs
    What makes an amicus effective in the Supreme Court of Texas? Insights from a study of the types of amicus briefs that are having an impact on the current Court and why.

    Kurt Kuhn, Kuhn Hobbs PLLC - Austin, TX

  • 10:15 am
    Break

  • 10:30 am
    0.50 hr
    Interview with Chief Justice Hecht
    The Chief Justice offers perspectives on his more than a quarter of a century on the Texas Supreme Court, as well as tips for practitioners.

    Hon. Nathan L. Hecht, The Supreme Court of Texas - Austin, TX
    Douglas W. Alexander, Alexander Dubose Jefferson & Townsend LLP - Austin, TX

  • 11:00 am
    0.75 hr
    Texas Supreme Court Panel
    An interactive conversation with the Justices about administrative and procedural rule changes, what compels the court to grant a petition, and cases to watch for.

    Please submit your questions in advance to ConferenceQA@utcle.org or on-site at the conference registration desk.

    Moderator:
    Hon. Craig T. Enoch, Enoch Kever PLLC - Austin, TX
    Panelists:
    Hon. Paul W. Green, The Supreme Court of Texas - Austin, TX
    Hon. Phil Johnson, The Supreme Court of Texas - Austin, TX
    Hon. Jeffrey S. Boyd, The Supreme Court of Texas - Austin, TX
    Hon. Jeff Brown, The Supreme Court of Texas - Austin, TX

  • 11:45 am
    Break

  • Friday Afternoon, June 5, 2015
    Presiding Officer:
    Hon. Cynthia Olson Bourland, Third Court of Appeals - Austin, TX
  • LUNCHEON WITH THE JUDICIARY
  • 12:05 pm
    Luncheon with the Judiciary
    A unique opportunity to meet and discuss issues with members of the judiciary. Please select "Luncheon with the Judiciary" on the registration form to attend ($20 additional charge).

    THANK YOU TO OUR LUNCHEON SPONSORS

    Beck Redden LLP
    Enoch Kever PLLC

    Thompson & Knight LLP

  • 12:55 pm
    Return to General Session

  • 1:10 pm
    0.50 hr
    Fifth Circuit Update
    Recent opinions and trends in civil litigation.

    Hon. Gregg Costa, U.S. Court of Appeals, Fifth Circuit - Houston, TX

  • 1:40 pm
    0.42 hr
    En Banc Review in the Fifth Circuit
    Panel discussion about the dynamics of seeking and obtaining en banc review.

    Hon. Jennifer Walker Elrod, U.S. Court of Appeals, Fifth Circuit - Houston, TX
    Dana Livingston, Alexander Dubose Jefferson & Townsend LLP - Austin, TX

  • 2:05 pm
    0.33 hr
    The State of Certified Questions in the Fifth Circuit
    Certified or certifiable? Review the what, why, when and how of questions recently certified by the U.S. Court of Appeals for the Fifth Circuit to the Texas Supreme Court. What kinds of questions get certified and why. What procedural and substantive challenges and opportunities are presented by certification.

    Catherine L. Hanna, Hanna & Plaut LLP - Austin, TX

  • 2:25 pm
    0.42 hr
    Personal Jurisdiction Update
    Learn about the U.S. Supreme Court’s recent opinions on personal jurisdiction—two cases in 2011 and two others in 2014. These opinions significantly impact how litigants and courts analyze personal jurisdiction challenges.

    Alex Wilson Albright, The University of Texas School of Law and Of Counsel, Alexander Dubose Jefferson & Townsend - Austin, TX

  • 2:50 pm
    0.50 hr
    U.S. Supreme Court Update
    A survey of U.S. Supreme Court rulings—issued and pending—for this term.

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

  • 3:20 pm
    Adjourn

  • Day 1 June 4, 2015
  • Day 2 June 5, 2015
Download Schedule

Conference Faculty

Alex Wilson Albright

The University of Texas School of Law and Of Counsel, Alexander Dubose Jefferson & Townsend
Austin, TX

Hon. Elsa R. Alcala

Texas Court of Criminal Appeals
Austin, TX

Douglas W. Alexander

Alexander Dubose Jefferson & Townsend LLP
Austin, TX

Elizabeth G. (Heidi) Bloch

Husch Blackwell LLP
Austin, TX

Hon. William J. Boyce

Fourteenth Court of Appeals
Houston, TX

Hon. Jeffrey S. Boyd

The Supreme Court of Texas
Austin, TX

Hon. Jeff Brown

The Supreme Court of Texas
Austin, TX

Hon. Marc W. Brown

Fourteenth Court of Appeals
Houston, TX

Jerry D. Bullard

Adams Lynch & Loftin
Grapevine, TX

Courtney Taylor Carlson

Jackson Walker L.L.P.
Houston, TX

Elaine Grafton Carlson

South Texas College of Law
Houston, TX

Carl Cecere

Cecere PC
Dallas, TX

Chris Coppola

City of Austin Law Department
Austin, TX

Nina Cortell

Haynes and Boone, LLP
Dallas, TX

Hon. Gregg Costa

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

Melissa Michelle Davis

The Supreme Court of Texas
Austin, TX

Philip 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. Craig T. Enoch

Enoch Kever PLLC
Austin, TX

Steven Goode

The University of Texas School of Law
Austin, TX

Hon. Paul W. Green

The Supreme Court of Texas
Austin, TX

David M. Gunn

Beck Redden LLP
Houston, TX

Catherine L. Hanna

Hanna & Plaut LLP
Austin, TX

Hon. Nathan L. Hecht

The Supreme Court of Texas
Austin, TX

Anne M. Johnson

Haynes and Boone, LLP
Dallas, TX

Hon. Phil Johnson

The Supreme Court of Texas
Austin, TX

Sam Johnson

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

Emily R. Jolly

Enoch Kever PLLC
Austin, TX

P. Michael Jung

Strasburger & Price, LLP
Dallas, TX

David Keltner

Kelly Hart & Hallman LLP
Fort Worth, TX

Kurt Kuhn

Kuhn Hobbs PLLC
Austin, TX

Jeffrey S. Levinger

Levinger PC
Dallas, TX

Lynne Liberato

Haynes and Boone, LLP
Houston, TX

Dana Livingston

Alexander Dubose Jefferson & Townsend LLP
Austin, TX

Melissa Lorber

Enoch Kever PLLC
Austin, TX

Gene Major

State Bar of Texas
Austin, TX

Constance H. Pfeiffer

Beck Redden LLP
Houston, TX

Richard B. Phillips Jr.

Thompson & Knight LLP
Dallas, TX

Karen S. Precella

Haynes and Boone, LLP
Fort Worth, TX

Scott Rothenberg

Law Offices of Scott Rothenberg
Houston, TX

Kent Rutter

Haynes and Boone, LLP
Houston, TX

Hon. Craig T. Stoddart

Fifth Court of Appeals
Dallas, TX

Jo Ann Storey

Jo Ann Storey, P.C.
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

Nina Cortell

Haynes and Boone, LLP
Dallas, 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

David M. Gunn

Beck Redden LLP
Houston, 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

Melissa Lorber

Enoch Kever PLLC
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

Jo Ann Storey

Jo Ann Storey, P.C.
Houston, TX

Jane M. N. Webre

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

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 13.00 hrs  |  2.25 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil Trial Law, Personal Injury 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 – 13.00 hrs  |  2.25 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.  
Toggle view Oklahoma – 15.50 hrs  |  2.50 hrs Ethics
You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other Credit
Toggle view TX Accounting CPE – 15.50 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 – Jun 4-5, 2015 – Four Seasons Hotel
Conference Concluded
Buy
  • Austin
Individual
Last day for $595.00 Regular pricing: May 29, 2015

$645.00 for registrations received after this time

Government Attorney
Last day for $350.00 Regular pricing: May 29, 2015

$400.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $535.00 Regular pricing: May 29, 2015

$585.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $475.00 Regular pricing: May 29, 2015

$525.00 for registrations received after this time

Last day for cancellation (full refund): May 29, 2015

$50 processing fee applied after this date

Last day for cancellation: Jun 1, 2015

Venue

speaker

Four Seasons Hotel

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

Accommodations

$245 room rate good through May 4, 2015 (subject to availability).

Reserving your room online?  Please use the following corporate/promo code: UTSF0603.

Please note: online reservations can only be accepted for conference-related room nights (June 3-5, 2015). Please contact the Four Seasons Hotel Reservations Department directly at 512.685.8100 if you’d like to extend your stay.

Parking Information

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

Our Sponsors

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

  • Beck Redden LLP logo
    Beck Redden LLP
    Beck Redden is a litigation and appellate boutique law firm with offices in Houston and Austin, Texas. The firm handles a wide range of disputes including commercial, oil and gas, product liability, antitrust, securities, environmental, insurance coverage, legal and accounting malpractice, white collar crimes, patent and other intellectual property cases. For the third consecutive year, The National Law Journal selected Beck Redden to the Litigation Boutique Hot List for 2015.  beckredden.com
  • Commercial Surety Bond Agency logo
    Commercial Surety Bond Agency
    At Commercial Surety Bond Agency (CSBA) we are one of the leading providers of appeal and supersedeas bonds in the nation. Appeal bonds are a very niche industry, and as a result, there are very few insurance agencies that have the expertise to provide them.  We’ve been assisting attorneys and their clients’ needs throughout the U.S. for over 30 years. This enables us to handle your needs quickly and ensure that we get the best possible terms for your bond. We represent over 22 different surety insures including the largest in the nation giving us the capacity to handle any size bond your case may require - from as small as a few thousand dollars to a billion dollar appeal. commercialsurety.com
  • Enoch Kever PLLC logo
    Enoch Kever PLLC
    Enoch Kever provides a team of experienced business counselors and advocates who are a powerful voice in today’s ever-changing regulatory environment. We have extensive experience working where business intersects with government. Because our experience includes public service, private law firm, and corporate counsel practice, we can traverse this complex intersection wherever we need to go, whether appearing before courts, regulatory agencies, or legislatures. Our appellate team represents national and regional businesses in regulatory and commercial actions in state and federal trial and appellate courts. enochkever.com
  • Thompson & Knight LLP logo
    Thompson & Knight LLP
    Established in 1887, Thompson & Knight is a full-service firm providing legal solutions to public and private companies, governments, and individuals in all areas, including commercial and tort litigation and appeals, banking, finance, real estate, securities, mergers and acquisitions, taxation, corporate governance, creditors’ rights, intellectual property, labor, environmental, and white-collar defense matters, among others. The firm is particularly recognized for its depth of experience and capabilities on behalf of clients in the energy industry, both domestically and around the world. Thompson & Knight has been named the “Law Firm of the Year” in Oil & Gas Law in the 2011-2012 and 2013 consecutive editions of Best Law Firms, the preeminent listing of the nation’s top legal practices published byU.S. News & World Report and The Best Lawyers in America®. The firm has approximately 330 attorneys with offices in Texas, New York, and California, and international offices and associations in the Americas, North Africa, and Europe. tklaw.com
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