University of Texas School of Law
25th Annual Conference on
State and Federal Appeals
Austin Jun 4-5, 2015 Four Seasons Hotel
Conference Concluded
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SPONSORS
Beck Redden LLP
Commercial Surety Bond Agency
Enoch Kever PLLC
Thompson & Knight LLP
 

UT Law CLE

2015 Conference on State and Federal Appeals

Program Features
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

UT Law CLE

2015 Conference on State and Federal Appeals

7/22/19
Schedule

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

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

UT Law CLE

2015 Conference on State and Federal Appeals

Faculty

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

UT Law CLE

2015 Conference on State and Federal Appeals

Credit Information

MCLE Credit

Texas
13.00 hrs  |  2.25 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
13.00 hrs  |  2.25 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.  
Oklahoma
15.50 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. 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.
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
15.50 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

2015 Conference on State and Federal Appeals

Key Dates

Austin

  • Last day for Individual early registration: May 29, 2015
    Add $50 for registrations received after this time
  • Last day for Government Attorney early registration: May 29, 2015
    Add $50 for registrations received after this time
  • Last day for Group Special 1 early registration: May 29, 2015
    Add $50 for registrations received after this time
  • Last day for Group Special 2 early registration: May 29, 2015
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 29, 2015
  • Last day for cancellation (partial refund): Jun 1, 2015
    $50 processing fee applied

UT Law CLE

2015 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

$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.

UT Law CLE

2015 Conference on State and Federal Appeals

Sponsors