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27th Annual

Conference on State and Federal Appeals

Austin Jun 1-2, 2017 Four Seasons Hotel
Conference Concluded
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Related products: eConference Materials
SPONSORS
Andrews Kurth Kenyon LLP
Beck Redden LLP
Commercial Surety Bond Agency
Counsel Press
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 27th year, this conference is a must-attend event for Texas civil appellate practitioners.
 
2017 highlights include:

  • The Ethics of Social Media, with John G. Browning, Passman & Jones, David Lat, Above the Law, and Justice Don R. Willett, Supreme Court of Texas
  • Experienced perspective on what makes for great Appellate Advocacy, with David M. Gunn, Beck Redden LLP, and Justice Stephen A. Higginson, U.S. Court of Appeals for the Fifth Circuit
  • Practical tips on appellate court practices from current staff attorneys in Pulling Back the Curtain (a Bit)
  • Candid discussion among Texas Supreme Court Chief Justice Nathan L. Hecht, Justice Eva Guzman, and Justice Jeff Brown about what’s new at the Court, the state of the docket, and tips for practitioners
  • The Ethics Apprentice, hosted by Judge Daryl L. Moore, 333rd District Court, during which ambitious appellate practitioners compete against one another as they struggle to answer ethics questions that savvy practitioners ought to know
  • Updates on essential topics such as interlocutory appeals, harmful error, attorney fees, and rehearing en banc strategies

Attendees also enjoy networking opportunities with judges and fellow colleagues during the conference, including 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 1, 2017
  • Day 2 June 2, 2017
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, June 1, 2017
    Presiding Officer:
    Jane M. N. Webre, Scott Douglass & McConnico LLP - 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
    Explore recent opinions issued by the Court in the current term.

    Hon. Jeffrey S. Boyd, The Supreme Court of Texas - Austin, TX
    Constance H. Pfeiffer, Beck Redden LLP - Houston, TX

  • 9:15 am
    0.50 hr
    ​Texas Civil Procedure Update: A Look at Recent Decisions and Legislative Mandates
    Examine recent judicial decisions and legislative mandates affecting Texas litigation practice, including proposed modifications to the Texas Rules of Civil Procedure. Review highlights from the accompanying comprehensive review of recent case law—designed to be a handy reference tool for practitioners.

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

  • 9:45 am
    0.50 hr
    Appellate Advocacy
    Get an experienced perspective on what makes for great appellate advocacy.

    David M. Gunn, Beck Redden LLP - Houston, TX
    Hon. Stephen A. Higginson, U.S. Court of Appeals, Fifth Circuit - New Orleans, LA

  • 10:15 am
    Break

  • 10:30 am
    0.50 hr ethics
    The Ethics of Social Media
    The world of social media presents a multitude of pitfalls for practitioners and judges alike. Hear from pioneers in the field on how to make the most of social media's advantages without running afoul of applicable disciplinary rules.

    John G. Browning, Passman & Jones - Dallas, TX
    David Lat, Above the Law - New York, NY
    Hon. Don R. Willett, The Supreme Court of Texas - Austin, TX

  • 11:00 am
    0.50 hr
    Top Ten New Issues in the Jury Charge
    Learn the latest issues discussed in case law and in the Pattern Jury Charge Committees, as well as new ideas for clarity in the jury charge. 

    Hon. Tracy Christopher, Fourteenth Court of Appeals - Houston, TX

  • 11:30 am
    0.50 hr
    Legislative Update
    Review what the 85th Texas Legislature has wrought.

    C. Andrew Weber, Kelly Hart & Hallman LLP - Austin, TX

  • 12:00 pm
    Pick Up Lunch
    Included in registration.

  • Thursday Afternoon, June 1, 2017
    Presiding Officer:
    Hon. William J. Boyce, Fourteenth Court of Appeals - Houston, TX
  • LUNCHEON PRESENTATION
  • 12:20 pm
    0.75 hr ethics
    Lawyer Wellness: It Is All About You
    A recent study indicates 40 percent of our 100,000 Texas lawyers may be suffering from depression, anxiety, and alcohol or drug dependency. Hear more about the current research on lawyer wellness, and learn simple strategies to ensure self-care and peak professional performance. Learn how confidential user-friendly 24/7 access to TLAP can help your colleagues that need help and can help yourself, too.

    Cameron Vann, Texas Lawyers Assistance Program - Austin, TX

  • 1:05 pm
    Break

  • 1:20 pm
    0.50 hr ethics
    Ethics Emergency Survival Kit
    Ethics emergencies come up when you least expect them. Get the tools you need when your next ethics emergency arises.

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

  • 1:50 pm
    0.50 hr
    The Common Law Is Not Dead
    Explore the resurgence of the common law and its impact on appellate practice.

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

  • 2:20 pm
    0.50 hr
    Family Law Appeals
    Appellate review of family law cases present issues uncommon to other appeals. Explore highlights of some unusual issues the appellate practitioner might encounter in a family law appeal.

    Richel Rivers, Rivers McNamara PLLC - Austin, TX

  • 2:50 pm
    Break

  • 3:00 pm
    0.50 hr
    Pulling Back the Curtain (a Bit)
    Get practical tips from current staff attorneys on appellate court practices and procedures, including motions, original proceedings, and oral arguments.

    Julie K. Buchanan, The Supreme Court of Texas - Austin, TX
    Karlene D. Poll, First Court of Appeals - Houston, TX
    Colleen M. Sullivan, Third Court of Appeals - Austin, TX

  • 3:30 pm
    0.75 hr
    Statutory Interpretation
    Many recent appellate decisions involve questions of statutory interpretation. Highlight what is out there, and what you need to know.

    Hon. Scott A. Brister, Andrews Kurth Kenyon LLP - Austin, TX
    Philip Durst, Deats, Durst & Owen, P.L.L.C. - Austin, TX

  • 4:15 pm
    0.75 hr ethics
    The Ethics Apprentice
    Watch ambitious appellate practitioners compete against one another for the title of “The Ethics Apprentice,” as they struggle to answer ethics questions that savvy practitioners ought to know.

    Moderator:
    Hon. Daryl L. Moore, 333rd District Court - Houston, TX
    Panelists:
    Robert B. Dubose, Alexander Dubose Jefferson & Townsend LLP - Houston, TX
    Philip Durst, Deats, Durst & Owen, P.L.L.C. - Austin, TX
    R. Russell Hollenbeck, Wright & Close, LLP - Houston, TX
    Jane M. N. Webre, Scott Douglass & McConnico LLP - Austin, TX

  • 5:00 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, June 2, 2017
    Presiding Officer:
    Marisa S. Secco, Vinson & Elkins LLP - Austin, TX
  • 7:30 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.50 hr
    Evidence/Procedure Quiz
    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

  • 9:00 am
    0.50 hr ethics
    Legal Malpractice and Breach of Fiduciary Duty Update
    Explore the intersection of these claims and how that intersection may affect your practice.

    Michael W. Eady, Thompson Coe - Austin, TX
    Jeffrey S. Levinger, Levinger PC - Dallas, TX

  • 9:30 am
    0.75 hr
    Breakfast Buffet: Interlocutory Appeals, Summary Judgments, and the Impact of Early Dismissals on Appellate Dockets
    Discuss procedures, practice tips, and recent developments regarding interlocutory appeals (both express and permissive) and summary judgments. Hear a statistical analysis about how these and other forms of early dismissals (such as those under Rule 91a) have impacted appellate dockets over the last decade.

    Michael A. Heidler, Vinson & Elkins LLP - Austin, TX
    Lisa D. Kinzer, The Office of Court Administration - Austin, TX
    Amanda G. Taylor, Beck Redden LLP - Austin, TX

  • 10:15 am
    Break

  • 10:30 am
    0.75 hr
    Texas Supreme Court Panel
    Hear a candid conversation among the Justices about what is new at the Court, the state of the docket, and ways practitioners can improve their chances of obtaining favorable relief for their clients.

    Moderator:
    Robert B. Dubose, Alexander Dubose Jefferson & Townsend LLP - Houston, TX
    Panelists:
    Hon. Nathan L. Hecht, The Supreme Court of Texas - Austin, TX
    Hon. Phil Johnson, The Supreme Court of Texas - Austin, TX
    Hon. Jeff Brown, The Supreme Court of Texas - Austin, TX

  • 11:15 am
    0.50 hr
    Attorneys' Fees Update
    Although attorneys’ fees can easily exceed damages, they are too often an afterthought. Explore the latest developments in state and federal court on proving up fees at trial and keeping them on appeal.

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

  • 11:45 am
    Break

  • Friday Afternoon, June 2, 2017
    Presiding Officer:
    Melissa Lorber, Enoch Kever PLLC - Austin, TX
  • OPTIONAL LUNCHEON WITH THE JUDICIARY
  • 12:05 pm
    Optional Luncheon with the Judiciary
    Take advantage of this unique opportunity to meet and discuss issues with members of the judiciary. Please select "Luncheon with the Judiciary" on the registration form to attend ($35 additional charge).

  • 12:55 pm
    Return to General Session

  • 1:10 pm
    0.50 hr
    When Error is Harmful in the Eye of the Beholder
    Examine recent cases and trends governing how the courts look to, find, and define harmful error.

    Sharon McCally, McCally Law, P.C. - Houston, TX

  • 1:40 pm
    0.50 hr
    U.S. Fifth Circuit Update
    Review recent opinions and trends from the U.S. Fifth Circuit.
    This session has moved to 2:40 PM on Friday

    David S. Coale, Lynn Pinker Cox & Hurst, LLP - Dallas, TX

  • 2:10 pm
    0.50 hr
    ​Federal Jury Charge Practice
    Navigate jury questions, instructions, and the charge conference in federal court.

    Hon. Henry J. Bemporad, Magistrate Judge, U.S. District Court, Western District of Texas - San Antonio, TX
    Ben L. Mesches, Haynes and Boone, LLP - Dallas, TX

  • 2:40 pm
    0.50 hr
    Rehearing En Banc Strategies
    Explore the dynamics of seeking and obtaining en banc review, and look at the efficacy of various strategies.
    This session has moved to 1:40 PM on Friday

    Jennifer S. Freel, U.S. Attorney's Office - Austin, TX
    Dana Livingston, Alexander Dubose Jefferson & Townsend LLP - Austin, TX

  • 3:10 pm
    0.50 hr
    U.S. Supreme Court Update
    Review the 2016 Term, get an update on the filling the vacancy, and look ahead to OT 2017.

    Jason P. Steed, Bell Nunnally & Martin LLP - Dallas, TX

  • 3:40 pm
    Adjourn

  • Day 1 June 1, 2017
  • Day 2 June 2, 2017
Download Schedule

Conference Faculty

Hon. Henry J. Bemporad

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

Hon. Jeffrey S. Boyd

The Supreme Court of Texas
Austin, TX

Hon. Scott A. Brister

Andrews Kurth Kenyon LLP
Austin, TX

Hon. Jeff Brown

The Supreme Court of Texas
Austin, TX

John G. Browning

Passman & Jones
Dallas, TX

Julie K. Buchanan

The Supreme Court of Texas
Austin, TX

Courtney Taylor Carlson

Jackson Walker LLP
Houston, TX

Elaine Grafton Carlson

South Texas College of Law Houston
Houston, TX

Hon. Tracy Christopher

Fourteenth Court of Appeals
Houston, TX

David S. Coale

Lynn Pinker Cox & Hurst, LLP
Dallas, TX

Robert B. Dubose

Alexander Dubose Jefferson & Townsend LLP
Houston, TX

Philip Durst

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

Michael W. Eady

Thompson Coe
Austin, TX

Polly Fohn

Haynes and Boone, LLP
Houston, TX

Jennifer S. Freel

U.S. Attorney's Office
Austin, TX

Steven Goode

The University of Texas School of Law
Austin, TX

David M. Gunn

Beck Redden LLP
Houston, TX

Hon. Nathan L. Hecht

The Supreme Court of Texas
Austin, TX

Michael A. Heidler

Vinson & Elkins LLP
Austin, TX

Hon. Stephen A. Higginson

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

R. Russell Hollenbeck

Wright & Close, LLP
Houston, TX

Anne M. Johnson

Haynes and Boone, LLP
Dallas, TX

Hon. Phil Johnson

The Supreme Court of Texas
Austin, TX

David Keltner

Kelly Hart & Hallman LLP
Fort Worth, TX

Lisa D. Kinzer

The Office of Court Administration
Austin, TX

David Lat

Above the Law
New York, NY

Jeffrey S. Levinger

Levinger PC
Dallas, TX

Dana Livingston

Alexander Dubose Jefferson & Townsend LLP
Austin, TX

Sharon McCally

McCally Law, P.C.
Houston, TX

Ben L. Mesches

Haynes and Boone, LLP
Dallas, TX

Hon. Daryl L. Moore

333rd District Court
Houston, TX

Constance H. Pfeiffer

Beck Redden LLP
Houston, TX

Karlene D. Poll

First Court of Appeals
Houston, TX

Richel Rivers

Rivers McNamara PLLC
Austin, TX

Scott Rothenberg

Law Offices of Scott Rothenberg
Houston, TX

Jason P. Steed

Bell Nunnally & Martin LLP
Dallas, TX

Colleen M. Sullivan

Third Court of Appeals
Austin, TX

Amanda G. Taylor

Beck Redden LLP
Austin, TX

Cameron Vann

Texas Lawyers Assistance Program
Austin, TX

C. Andrew Weber

Kelly Hart & Hallman LLP
Austin, TX

Jane M. N. Webre

Scott Douglass & McConnico LLP
Austin, TX

Hon. Don R. Willett

The Supreme Court of Texas
Austin, TX

Planning Committee

Jane M. N. Webre—Chair

Scott Douglass & McConnico LLP
Austin, TX

Pamela Stanton Baron—Chair Emeritus

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

Philip Durst

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

Elana S. Einhorn

MehaffyWeber, P.C.
Austin, TX

Jennifer S. Freel

U.S. Attorney's Office
Austin, TX

David M. Gunn

Beck Redden LLP
Houston, TX

Blake A. Hawthorne

The Supreme Court of Texas
Austin, TX

Anne M. Johnson

Haynes and Boone, LLP
Dallas, TX

Kurt Kuhn

Kuhn Hobbs PLLC
Austin, TX

Dana Livingston

Alexander Dubose Jefferson & Townsend LLP
Austin, TX

Melissa Lorber

Enoch Kever PLLC
Austin, TX

Hon. Daryl L. Moore

333rd District Court
Houston, TX

Hon. Bob Pemberton

Third Court of Appeals
Austin, 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

Deborah Salzberg

The University of Texas School of Law
Austin, TX

Marisa S. Secco

Vinson & Elkins LLP
Austin, TX

Credit Info

  • Austin
MCLE Credit
Toggle view 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.
Toggle view 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.  
Toggle view 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
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 1-2, 2017 – Four Seasons Hotel
Conference Concluded
Buy
  • Austin
Individual
Last day for $645.00 Regular pricing: May 31, 2017

$695.00 for registrations received after this time

Government Attorney
Last day for $375.00 Regular pricing: May 31, 2017

$425.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $515.00 Regular pricing: May 31, 2017

$565.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $580.00 Regular pricing: May 31, 2017

$630.00 for registrations received after this time

Last day for cancellation (full refund): May 26, 2017

$50 processing fee applied after this date

Last day for cancellation: May 29, 2017

Venue

speaker

Four Seasons Hotel

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

Accommodations

$255 room rate good through May 1, 2017 (subject to 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.

  • Andrews Kurth Kenyon LLP logo
    Andrews Kurth Kenyon LLP
    Since 1902, Andrews Kurth Kenyon has built its practice on the belief that “straight talk is good business.” Real answers, clear vision and mutual respect define the firm’s relationships with clients, colleagues, communities and employees. With nearly 430 attorneys and 11 locations worldwide, Andrews Kurth Kenyon represents a wide array of clients in multiple industries. www.andrewskurthkenyon.com
  • Beck Redden LLP logo
    Beck Redden LLP
    Beck Redden is a firm of 46 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, ExxonMobil and others face product liability claims they turn to Beck Redden to defend them not only in Texas, but throughout the United States. 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, among others.
     
    Our attorneys represented clients in some of the most noteworthy, high-stakes litigation within the last year. The Texas Lawyer has taken notice, naming Beck Redden the “2016 Litigation Department of the Year” (Midsize Firms).  Additionally, the Firm is often the counsel of choice for peer firms in legal malpractice matters. 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
  • Counsel Press logo
    Counsel Press
    Counsel Press is honored to provide quality service and trusted expertise to State and Federal appellate attorneys in Texas. We are a full service appellate company that has assisted attorneys in all 50 states with preparing, filing, and serving appeals since 1938. With 12 locations nationwide, our attorneys and paralegals are well versed in all applicable rules of the courts with extensive training in all things appellate.  All our appeals are reviewed for compliance to guarantee your filings are accepted. Our services include:
     
    •    All Appellate Electronic Document Preparation
    •    Legal Research, Writing and Review
    •    Printing, Filing, E-Filing and Serving to All Parties
    www.counselpress.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 2011-2013, 2015, and 2017 editions of U.S. News - Best Lawyers® “Best Law Firms,” the preeminent listing of the nation’s top legal practices. The firm has approximately 300 attorneys with U.S. 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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