University of Texas School of Law
26th Annual Conference on
State and Federal Appeals
Austin Jun 9-10, 2016 Four Seasons Hotel
Conference Concluded
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Enoch Kever PLLC
Haynes and Boone, LLP
Thompson & Knight LLP
Vinson & Elkins LLP

UT Law CLE

2016 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 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

UT Law CLE

2016 Conference on State and Federal Appeals

7/22/19
Schedule

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 relatedand often-confuseddoctrines.

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

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

UT Law CLE

2016 Conference on State and Federal Appeals

Faculty

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

Jane M. N. Webre—Co-Chair
Scott Douglass & McConnico LLP
Austin, TX
Pamela Stanton Baron—Co-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
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

UT Law CLE

2016 Conference on State and Federal Appeals

Credit Information

MCLE Credit

Texas
13.00 hrs  |  3.00 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil Trial Law, Criminal Appellate Law, Criminal Law, Family 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  |  3.00 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  |  3.50 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

2016 Conference on State and Federal Appeals

Key Dates

Austin

  • Last day for Individual early registration: Jun 1, 2016
    Add $50 for registrations received after this time
  • Last day for Government Attorney early registration: Jun 1, 2016
    Add $50 for registrations received after this time
  • Last day for Group Special 2 early registration: Jun 1, 2016
    Add $50 for registrations received after this time
  • Last day for Group Special 1 early registration: Jun 1, 2016
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Jun 3, 2016
  • Last day for cancellation (partial refund): Jun 6, 2016
    $50 processing fee applied

UT Law CLE

2016 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

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.

UT Law CLE

2016 Conference on State and Federal Appeals

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