26^th Annual Conference on

State and Federal Appeals

Austin Jun 9-10, 2016 Four Seasons Hotel
Conference Concluded

Buy

Related products: eConference Materials

SPONSORS
Beck Redden LLP
Commercial Surety Bond Agency
Enoch Kever PLLC
Haynes and Boone, LLP
Thompson & Knight LLP
Vinson & Elkins LLP

Download Brochure (PDF)

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 26th year, this conference is a must-attend event for every Texas civil appellate practitioner.

2016 highlights include:

Candid discussion among Texas Supreme Court Chief Justice Nathan L. Hecht, Justice Phil Johnson, and Justice Debra H. Lehrman about what’s new at the Court, the state of the docket, and tips for practitioners
Updates on appellate procedure (include dismissals under Rule 91a), disqualifications, and supersedeas bonds
A review of the rapidly proliferating federal and state case law under the Texas Citizens’ Participation Act
What You Don’t Know (But Need To) About the Fifth Circuit with the Honorable Gregg Costa and the Honorable Leslie H. Southwick
A fresh perspective on legal ethics from Texas Supreme Court Judge Jeff Brown with Scout’s Honor: What the Boy Scout Law Teaches Us About Legal Ethics
Networking opportunities with judges and fellow colleagues during the conference and at Friday’s traditional Luncheon with the Judiciary

Event Schedule

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

Day 1 June 9, 2016
Day 2 June 10, 2016

Time

Credit

Subject

Speaker
Thursday Morning, June 9, 2016
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

0.75 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
Kurt Kuhn, Kuhn Hobbs PLLC - Austin, TX
9:15 am

0.50 hr

Findings of Fact and Conclusions of Law Update

A journey through the strange and confusing world of findings of fact and conclusions of law.

David Keltner, Kelly Hart & Hallman LLP - Fort Worth, TX
9:45 am

0.75 hr

Hot Topics in Damages: Commercial and Personal Injury

Explore recent commercial cases that every Texas lawyer should know and the latest trends in what medical expenses are "paid or incurred."

This session has moved to 10:30 AM Thursday

Roger W. Hughes, Adams & Graham, LLP - Harlingen, TX
Constance H. Pfeiffer, Beck Redden LLP - Houston, TX
10:30 am

Break

The break has moved to 10:15 AM Thursday
10:45 am

0.50 hr

Supersedeas Bonds

Get the latest on how to get adequate security for a judgment and how to avoid over-securing a judgment.

This session has moved to 9:45 AM Thursday

Daryl L. Moore, Attorney at Law - Houston, TX
11:15 am

0.50 hr ethics

Attorney-Client Privilege vs. Work Product vs. Duty of Confidentiality

Disentangling these three related—and often-confused—doctrines.

Steven Goode, The University of Texas School of Law - Austin, TX
11:45 am

Pick Up Lunch

Included in registration.
Thursday Afternoon, June 9, 2016
Presiding Officer:
Melissa Lorber, Enoch Kever PLLC - Austin, TX
LUNCHEON PRESENTATION
12:05 pm

0.75 hr

Magna Carta and the Path Forward to the Rule of Law

A reflection on Magna Carta during this year of its 800th anniversary in England, along with observations and modern lessons on what it came to mean with respect to the rule of law and protection of rights in America.

Charles R. Eskridge III, Quinn Emanuel Urquhart & Sullivan, LLP - Houston, TX
12:50 pm

Break
1:05 pm

0.50 hr

Briefing Visually

Visuals often persuade more effectively than words, so learn the dos and don’ts of using photos, charts and other visuals in appellate briefs.

Robert B. Dubose, Alexander Dubose Jefferson & Townsend LLP - Houston, TX
1:35 pm

0.25 hr

Post-Submission Briefs

Should I or shouldn't I? A checklist of questions to ask yourself about whether to file a post-submission brief.

Pamela Stanton Baron, Attorney at Law - Austin, TX
1:50 pm

0.50 hr

Rehearing Strategy

The odds of successfully pursuing rehearing in a Texas Court of Appeals are long, but it may (or may not) make sense to pursue rehearing anyway. Get advice regarding the strategy considerations that should inform the decision whether to file a motion for rehearing in the Court of Appeals before pursuing review in the Texas Supreme Court.

Douglas W. Alexander, Alexander Dubose Jefferson & Townsend LLP - Austin, TX
2:20 pm

0.50 hr ethics

What Should (and Should Not) Be in Your Appellate Representation Agreement

Explore techniques for drafting thoughtful, well-written appellate representation agreements that protect both the attorney and the client.

Scott Rothenberg, Law Offices of Scott Rothenberg - Houston, TX
2:50 pm

Break
3:00 pm

0.50 hr ethics

Disqualification Update

Analyze a variety of situations that can result in disqualification (including migrating lawyers and former judicial law clerks) and learn how and when a Chinese Wall can save the day.

Jane M. N. Webre, Scott Douglass & McConnico LLP - Austin, TX
3:30 pm

0.75 hr ethics

Scout’s Honor: What the Boy Scout Law Teaches Us About Legal Ethics

Legal ethics is governed by a rules-oriented system, but could a virtues-based approach provide better guidance? The twelve points of the Boy Scout Law can be as useful to lawyers are they are for Boy Scouts.

Hon. Jeff Brown, The Supreme Court of Texas - Austin, TX
4:15 pm

0.75 hr ethics

Ethics Quiz

You make the call—test your knowledge of the various rules and ethical issues.

Rick Thompson, Hankinson LLP - Dallas, TX
5:00 pm

Adjourn

Time

Credit

Subject

Speaker
Friday Morning, June 10, 2016
Presiding Officer:
Elizabeth G. (Heidi) Bloch, Husch Blackwell LLP - Austin, TX
7:30 am

Conference Room Opens

Includes continental breakfast.
8:30 am

0.50 hr

SLAPP-Happy: The Broad Reach of Texas Citizens' Participation Act Appeals

Review the rapidly developing and proliferating state and federal case law under the Texas Citizens' Participation Act and gain practice pointers in connection with these increasingly common motions to dismiss and appeals.

Thomas S. Leatherbury, Vinson & Elkins LLP - Dallas, TX
9:00 am

0.50 hr

Can You Lead a Horse to Water? Strategies for Certified Appeals in State Court

A look at the ways to certify a legal question in the trial court and seek or defend against interlocutory review of that question in the appellate court.

Hon. Jane Bland, First Court of Appeals - Houston, TX
Richard B. Phillips Jr., Thompson & Knight LLP - Dallas, TX
9:30 am

0.50 hr

Procedural Update: Dismissal Procedures Under Texas Rule of Civil Procedure 91a

An overview of the procedures for dismissal under Rule 91a and the associated developing body of case law.

Kennon L. Wooten, Scott Douglass & McConnico LLP - Austin, TX
10:00 am

0.50 hr

Texas Procedural Update

Analysis of recent case law and trends affecting appellate practice.

Elaine Grafton Carlson, South Texas College of Law - Houston, TX
Co-Author:
Courtney Taylor Carlson, Jackson Walker LLP - Houston, TX
10:30 am

Break
10:45 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:
David M. Gunn, Beck Redden LLP - Houston, TX
Panelists:
Hon. Nathan L. Hecht, Chief Justice, The Supreme Court of Texas - Austin, TX
Hon. Phil Johnson, The Supreme Court of Texas - Austin, TX
Hon. Debra H. Lehrmann, The Supreme Court of Texas - Austin, TX
11:30 am

Break
Friday Afternoon, June 10, 2016
Presiding Officer:
Blake A. Hawthorne, The Supreme Court of Texas - Austin, TX
OPTIONAL LUNCHEON WITH THE JUDICIARY
11:50 am

Optional 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 ($25 additional charge).
12:40 pm

Return to General Session
12:55 pm

0.75 hr

What You Don't Know (But Need To) About the Fifth Circuit

The judges discuss how cases move through the Fifth Circuit and provide valuable tips on how to improve your advocacy and avoid common mistakes.

Moderator:
Mark Trachtenberg, Haynes and Boone, LLP - Houston, TX
Panelists:
Hon. Gregg Costa, U.S. Court of Appeals, Fifth Circuit - Houston, TX
Hon. Leslie H. Southwick, U.S. Court of Appeals, Fifth Circuit - Jackson, MS
1:40 pm

0.50 hr

Fifth Circuit Update

Recent opinions and trends in federal civil litigation.

David S. Coale, Lynn Pinker Cox & Hurst, LLP - Dallas, TX
2:10 pm

0.50 hr

Federal Rules Update

A discussion of the December 1, 2015, amendments to the Federal Rules of Civil Procedure and how they are being interpreted by federal courts in Texas and elsewhere.

Hon. Henry J. Bemporad, U.S. District Court, Western District of Texas - San Antonio, TX
2:40 pm

0.50 hr

How to Navigate and Advocate in Federal Court

Straightforward advice on trial and appellate practice from one of our leading jurists.

Nina Cortell, Haynes and Boone, LLP - Dallas, TX
Hon. Barbara M. G. Lynn, U.S. District Court, Northern District of Texas - Dallas, TX
3:10 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
3:40 pm

Adjourn

Day 1 June 9, 2016
Day 2 June 10, 2016

Download Schedule

Conference Faculty

Douglas W. Alexander

Alexander Dubose Jefferson & Townsend LLP
Austin, TX

Pamela Stanton Baron

Attorney at Law
Austin, TX

Hon. Henry J. Bemporad

U.S. District Court, Western District of Texas
San Antonio, TX

Hon. Jane Bland

First 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

Courtney Taylor Carlson

Jackson Walker LLP
Houston, TX

Elaine Grafton Carlson

South Texas College of Law
Houston, TX

David S. Coale

Lynn Pinker Cox & Hurst, LLP
Dallas, TX

Nina Cortell

Haynes and Boone, LLP
Dallas, TX

Hon. Gregg Costa

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

Robert B. Dubose

Alexander Dubose Jefferson & Townsend LLP
Houston, TX

Charles R. Eskridge III

Quinn Emanuel Urquhart & Sullivan, LLP
Houston, TX

Steven Goode

The University of Texas School of Law
Austin, TX

David M. Gunn

Beck Redden LLP
Houston, TX

Hon. Nathan L. Hecht

Chief Justice, The Supreme Court of Texas
Austin, TX

Roger W. Hughes

Adams & Graham, LLP
Harlingen, TX

Hon. Phil 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

Kurt Kuhn

Kuhn Hobbs PLLC
Austin, TX

Thomas S. Leatherbury

Vinson & Elkins LLP
Dallas, TX

Hon. Debra H. Lehrmann

The Supreme Court of Texas
Austin, TX

Hon. Barbara M. G. Lynn

U.S. District Court, Northern District of Texas
Dallas, TX

Daryl L. Moore

Attorney at Law
Houston, TX

Constance H. Pfeiffer

Beck Redden LLP
Houston, TX

Richard B. Phillips Jr.

Thompson & Knight LLP
Dallas, TX

Scott Rothenberg

Law Offices of Scott Rothenberg
Houston, TX

Hon. Leslie H. Southwick

U.S. Court of Appeals, Fifth Circuit
Jackson, MS

Rick Thompson

Hankinson LLP
Dallas, TX

Mark Trachtenberg

Haynes and Boone, LLP
Houston, TX

Jane M. N. Webre

Scott Douglass & McConnico LLP
Austin, TX

Kennon L. Wooten

Scott Douglass & McConnico LLP
Austin, TX

Planning Committee

Pamela Stanton Baron—Co-Chair

Attorney at Law
Austin, TX

Jane M. N. Webre—Co-Chair

Scott Douglass & McConnico LLP
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

Elana S. Einhorn

MehaffyWeber, P.C.
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

Kuhn Hobbs PLLC
Austin, 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

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

Deborah Salzberg

The University of Texas School of Law
Austin, TX

Credit Info

Austin

MCLE Credit

Texas – 13.00 hrs | 3.00 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Criminal Law, Criminal Appellate Law, Civil Trial Law, Family 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.

California – 13.00 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.

Oklahoma – 15.50 hrs | 3.50 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

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 9-10, 2016 – Four Seasons Hotel

Conference Concluded

Buy

Austin

Individual
Last day for $595.00 Regular pricing: Jun 1, 2016

$645.00 for registrations received after this time

Government Attorney
Last day for $375.00 Regular pricing: Jun 1, 2016

$425.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $475.00 Regular pricing: Jun 1, 2016

$525.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $535.00 Regular pricing: Jun 1, 2016

$585.00 for registrations received after this time

Last day for cancellation (full refund): Jun 3, 2016

$50 processing fee applied after this date

Last day for cancellation: Jun 6, 2016

Venue

Four Seasons Hotel

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

Accommodations

The Four Seasons Hotel is sold out. Please check nearby hotels for availability.

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

Beck Redden is a firm of 42 Texas-based trial and appellate lawyers. With offices in both Houston and Austin, litigation is the Firm’s only practice. When Fortune 500 companies like Altria, 3M Company and many others face product liability claims they turn to Beck Redden to defend them not only in Texas, but also throughout the United States. In addition, Beck Redden is viewed as the “go-to” firm for the energy industry’s most complex disputes for clients such as ExxonMobil, Cameron International Corporation, and Valero Energy Corporation, to name a few. beckredden.com
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

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
Haynes and Boone, LLP

Haynes and Boone, LLP is an international corporate law firm with offices in Texas, New York, California, Chicago, Denver, Washington, D.C., Mexico City and Shanghai, providing a full spectrum of legal services in technology, financial services, energy and private equity. With more than 575 lawyers, Haynes and Boone is ranked among the largest law firms in the nation by The National Law Journal. The firm was named the 2015 Best National Firm for Diversity in North America in the Americas Women in Business Law Awards. haynesboone.com
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 2011-2013 and 2015 editions of Best Law Firms, the preeminent listing of the nation’s top legal practices published by U.S. News & World Report and The Best Lawyers in America®. The firm has approximately 300 attorneys with offices in Texas, New York, and California, and international offices and associations in the Americas, North Africa, and Europe. tklaw.com
Vinson & Elkins LLP

In its nearly 100 year history, Vinson & Elkins has grown to approximately 700 lawyers located in 15 offices around the world, servicing clients in numerous practice areas, including appeals. In state and federal courts across the United States, Vinson & Elkins appellate lawyers have an enviable track record of success representing appellants and appellees, plaintiffs and defendants, amici, and intervenors in high-stakes litigation. Our appellate lawyers appear everywhere our clients need us to be. The team includes former clerks for the United States Supreme Court, the U.S. Courts of Appeals, and various federal district courts and state courts of appeals. velaw.com

26th Annual Conference on

State and Federal Appeals

Austin Jun 9-10, 2016 Four Seasons Hotel Conference Concluded

Buy

Related products: eConference Materials

Overview

Event Schedule

Thursday Morning, June 9, 2016

Thursday Afternoon, June 9, 2016

Friday Morning, June 10, 2016

Friday Afternoon, June 10, 2016

Conference Faculty

Douglas W. Alexander

Pamela Stanton Baron

Hon. Henry J. Bemporad

Hon. Jane Bland

Hon. Jeffrey S. Boyd

Hon. Jeff Brown

Courtney Taylor Carlson

Elaine Grafton Carlson

David S. Coale

Nina Cortell

Hon. Gregg Costa

Robert B. Dubose

Charles R. Eskridge III

Steven Goode

David M. Gunn

Hon. Nathan L. Hecht

Roger W. Hughes

Hon. Phil Johnson

P. Michael Jung

David Keltner

Kurt Kuhn

Thomas S. Leatherbury

Hon. Debra H. Lehrmann

Hon. Barbara M. G. Lynn

Daryl L. Moore

Constance H. Pfeiffer

Richard B. Phillips Jr.

Scott Rothenberg

Hon. Leslie H. Southwick

Rick Thompson

Mark Trachtenberg

Jane M. N. Webre

Kennon L. Wooten

Planning Committee

Pamela Stanton Baron—Co-Chair

Jane M. N. Webre—Co-Chair

Douglas W. Alexander

Hon. Jane Bland

Hon. William J. Boyce

Sharon E. Callaway

Nina Cortell

Elana S. Einhorn

David M. Gunn

Blake A. Hawthorne

Samara L. Kline

Kurt Kuhn

Thomas S. Leatherbury

Jeffrey S. Levinger

Dana Livingston

Melissa Lorber

Daryl L. Moore

Richard B. Phillips Jr.

Scott Rothenberg

Deborah Salzberg

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

Four Seasons Hotel

Accommodations

Parking Information

Our Sponsors

Stay in the loop with UT Law CLE

26^th Annual Conference on

Austin Jun 9-10, 2016 Four Seasons Hotel
Conference Concluded