University of Texas School of Law
29th Annual
Conference on State and Federal Appeals
Austin Jun 20-21, 2019 AT&T Conference Center
Conference Concluded
Related products: eConferences, Materials
SPONSORS
Beck Redden LLP
Commercial Surety Bond Agency
Counsel Press
Enoch Kever
Thompson & Knight LLP
Vinson & Elkins LLP

SUPPORTING ORGANIZATION
The Appellate Section of the State Bar of Texas

UT Law CLE

2019 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 a must-attend event for Texas civil appellate practitioners.

2019 Highlights include:
  • Candid discussion among Texas Supreme Court Justices, including Chief Justice Nathan L. Hecht, about what’s new at the Court, the state of the docket, and tips for practitioners.
  • A View from the Court of Appeals, featuring Hon. Richard F. Hightower, First Court of Appeals (Houston, TX), Hon. Amanda L. Reichek, Fifth Court of Appeals (Dallas, TX), and Hon. Gisela D. Triana, Third Court of Appeals (Austin, TX).
  • Deep dives into Governmental Immunity Under State Law and The Evolving Law of Federal Official Immunity, along with engaging discussion of Compensatory Damages on Appeal and the looming threat of The Dicta Plague
  • Insight into Indeliberate Practice: How the Business of Law Will Make You Mediocre (If You Let It) with Kendall M. Gray, Hunton Andrews Kurth LLP
  • Examination of the effective (and ineffective) use of appellate lawyers during and immediately after trial with Hon. Barbara M. G. Lynn, U.S. District Court, Northern District of Texas (Dallas, TX) and Hon Daryl L. Moore, 333rd District Court (Houston, TX)
  • Friday afternoon’s traditional Luncheon with the Judiciary, to connect with members of the state and federal judiciary, and Thursday evening’s Networking Reception to connect with familiar and new colleagues
Attendees also receive a bonus eSupplement after the conference, affording them the opportunity to earn their full 15.00/3.00 Texas MCLE credit hours for the year!
 

UT Law CLE

2019 Conference on State and Federal Appeals

11/11/19
Schedule

Thursday Morning, June 20, 2019

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

Supreme Court of Texas Update

Explore recent opinions issued by the Court in the current term.

Hon. Jeff Boyd, The Supreme Court of Texas - Austin, TX
Kurt Kuhn, Kuhn Hobbs PLLC - Austin, TX

9:15 am

0.50 hr

Looking Back at the 86th Texas Legislature

Survey selected bills that passed and those that didn't – but you should know about anyway.

Jerry D. Bullard, Adams, Lynch & Loftin, P.C. - Grapevine, TX
Nathan Johnson, Texas State Senate, District 16 - Dallas, TX

9:45 am

0.50 hr

Appellate Lawyers in Trial Court

Examine the most effective and ineffective use of appellate lawyers during and immediately after trial.

Hon. Barbara M. G. Lynn, U.S. District Court, Northern District of Texas - Dallas, TX
Hon. Daryl L. Moore, 333rd District Court - Houston, TX

10:15 am
Break

10:30 am

0.75 hr

The View from the Court of Appeals

Last fall brought a number of changes to the Court of Appeals. Get to know the new Justices.

Moderator:
Sharon McCally, McCally Law, P.C. - Houston, TX
Panelists:
Hon. Richard F. Hightower, First Court of Appeals - Houston, TX
Hon. Amanda L. Reichek, Fifth Court of Appeals - Dallas, TX
Hon. Gisela D. Triana, Third Court of Appeals - Austin, TX

11:15 am

0.50 hr

Findings of Fact

Learn more than you ever thought you could know about Findings of Fact and Conclusions of Law.

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

11:45 am

0.50 hr

The Dicta Plague

Take a look at language that is not necessary to the decision. Are we seeing more of this? What could that mean for you and your clients?

David M. Gunn, Beck Redden LLP - Houston, TX

12:15 pm
Pick Up Lunch

Included in registration.

Thursday Afternoon, June 20, 2019

Presiding Officer:
David M. Gunn, Beck Redden LLP - Houston, TX

LUNCHEON PRESENTATION

12:35 pm

0.75 hr ethics

Entirely Appealing: How Pro Bono Passions Can Be Transformative

Hear real-world, concrete insights into how pro bono matters can enrich your professional satisfaction, stretching you as both a person and a practitioner, and may even end up transforming an avocation into a new vocation.

Moderator:
Michael S. Truesdale, Enoch Kever PLLC - Austin, TX
Panelists:
Tim Patton, The Appellate Immigration Project - San Antonio, TX
Gretchen Sims Sween, Attorney & Counselor at Law - Austin, TX

 
1:20 pm
Break

1:35 pm

0.50 hr ethics

Indeliberate Practice: How the Business of Law Will Make You Mediocre (If You Let It)

Tom Brady, Yo-Yo Ma, Atul Gawande, and all master performers have one ingredient in common, but it is an ingredient that the business of law does not pay for and often does not value. Learn to identify this ingredient and actively fight against stagnation, automaticity, and mediocrity. 

Kendall M. Gray, Hunton Andrews Kurth LLP - Houston, TX

2:05 pm

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

2:35 pm

0.50 hr ethics

Legal Malpractice Update

Get the latest on recent developments in Texas legal malpractice law, as well as notable ethics opinions that are applicable to appellate practitioners.

Robyn Bigelow Hargrove, Scott Douglass & McConnico LLP - Austin, TX

3:05 pm
Break

3:15 pm

0.50 hr

Governmental Immunity Under State Law

Fighting “city hall” remains quite a challenge in Texas in light of well-settled Supreme Court authority that declares a “high presumption” of governmental immunity from suit. Still, there are many waivers of immunity and this presentation discusses the status of immunity and waivers in the context of tort, contract, and statutory claims against the State and its political subdivisions.

William S. Helfand, Lewis Brisbois - Houston, TX

3:45 pm

0.50 hr

The Evolving Law of Federal Official Immunity

Over the past few years, the Supreme Court has continued to expand the scope of various official immunity doctrines, even as a growing array of judges and academic commentators have called for revisiting the circumstances in which individual government officers can be held personally liable for unlawful conduct. Hear an update both on the key cases in the field and the prospects for potentially dramatic reforms thereto.

Stephen Vladeck, The University of Texas School of Law - Austin, TX

4:15 pm

0.50 hr

Update on the Supreme Court of the United States

Review of the 2018 term and a look ahead to the 2019 term commencing in October.

Jeremy C. Marwell, Vinson & Elkins LLP - Washington, DC

4:45 pm
Adjourn

Networking Reception (4:45 p.m. to 5:45 p.m.)

Join us for drinks and hors d'oeuvres with program faculty and attendees.

Friday Morning, June 21, 2019

Presiding Officer:
Douglas W. Alexander, Alexander Dubose & Jefferson & LLP - Austin, TX

7:30 am
Conference Room Opens

Includes continental breakfast.

8:30 am

0.75 hr

A Deep Dive Into Selected Issues Under the Texas Citizens Participation Act

Since its passage in 2011, the Texas Citizens Participation Act has given rise to a perhaps surprising array of interpretive issues and controversies. Explore several recurring and/or open issues under the TCPA, as well as any legislative efforts to amend this statute.

Moderator:
Thomas S. Leatherbury, Vinson & Elkins LLP - Dallas, TX
Panelists:
Hon. Bob Pemberton, Third Court of Appeals (Ret.) - Austin, TX
Amanda G. Taylor, Butler Snow LLP - Austin, TX

9:15 am

0.50 hr

​Compensatory Damages on Appeal

Examine recent appeals involving compensatory and “soft damages” to help you maximize or minimize those damages on appeal.

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

9:45 am

0.50 hr

Advocacy Practice and Theory for the New Millennium

No one can deny the practice of law has changed dramatically in recent years, but many still advocate like it's 1999. Learn new tricks and tips on how to advocate effectively in today's courtrooms.

Tracy W. McCormack, The University of Texas School of Law - Austin, TX

10:15 am
Break

10:30 am

0.50 hr

Error Preservation Ambushes: Infliction and Prevention

We can raise many complaints for the first time on appeal ... or when it is too late for the non-complaining party to do anything about it. These complaints involve jurisdiction, standing, summary judgment practice, experts, damages, the charge, and attorney's fees, just to name a few areas. Identify these areas, get suggestions about how to pre-empt your opponent from ambushing you with such complaints, and hear ideas about ambushing your opponent, while taking care to avoid a self-inflicted wound.

Steven K. Hayes, Attorney at Law - Fort Worth, TX

11:00 am

0.75 hr

Supreme Court of Texas 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:
Roger D. Townsend, Cokinos | Young - Houston, TX
Panelists:
Hon. Nathan L. Hecht, The Supreme Court of Texas - Austin, TX
Hon. Debra H. Lehrmann, The Supreme Court of Texas - Austin, TX
Hon. J. Brett Busby, The Supreme Court of Texas - Austin, TX

11:45 am
Break

Friday Afternoon, June 21, 2019

Presiding Officer:
Jennifer S. Freel, Vinson & Elkins LLP - Austin, TX

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 ($45 additional charge).

12:50 pm
Return to General Session

1:05 pm

0.50 hr

State of the Fifth Circuit

Review Fifth Circuit operations and case-load challenges during the last year.

Hon. Priscilla R. Owen, U.S. Court of Appeals, Fifth Circuit - Austin, TX

1:35 pm

0.50 hr

U.S. Fifth Circuit Update

Examine recent opinions and trends from the U.S. Fifth Circuit Court of Appeals.

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

2:05 pm

0.50 hr

Getting Cert Granted

The Supreme Court of the United States receives thousands of petitions every year and grants review in a tiny fraction of those cases. Explore the art and science of earning a spot on the Court’s docket, highlighting recent examples of cases that did (and didn’t) make the cut.

Carl Cecere, Cecere PC - Dallas, TX
Daniel L. Geyser, Geyser P.C. - Dallas, TX

ETHICS THREE-PACK

2:35 pm

1.00 hr ethics

Ethics Three-Pack: Client Confidentiality, Advertising, and Social Media

Ethically proper social media presence, maintaining client confidentiality, and compliance with attorney advertising rules are three important cornerstones of any successful and ethical law practice. Update your knowledge and avoid pitfalls in all three areas as a result of this fast-paced and informative one-hour roundtable discussion.

Kendyl T. Hanks, Greenberg Traurig, LLP - Austin, TX
Gene Major, State Bar of Texas - Austin, TX
Scott Rothenberg, Law Offices of Scott Rothenberg - Houston, TX

 
3:35 pm
Adjourn

UT Law CLE

2019 Conference on State and Federal Appeals

Faculty

Conference Faculty

Hon. Jeff Boyd
The Supreme Court of Texas
Austin, TX
Jerry D. Bullard
Adams, Lynch & Loftin, P.C.
Grapevine, TX
Hon. J. Brett Busby
The Supreme Court of Texas
Austin, TX
Carl Cecere
Cecere PC
Dallas, TX
Hon. Tracy Christopher
Fourteenth Court of Appeals
Houston, TX
David S. Coale
Lynn Pinker Cox & Hurst, LLP
Dallas, TX
Philip Durst
Deats, Durst & Owen, P.L.L.C.
Austin, TX
Daniel L. Geyser
Geyser P.C.
Dallas, TX
Kendall M. Gray
Hunton Andrews Kurth LLP
Houston, TX
David M. Gunn
Beck Redden LLP
Houston, TX
Kendyl T. Hanks
Greenberg Traurig, LLP
Austin, TX
Robyn Bigelow Hargrove
Scott Douglass & McConnico LLP
Austin, TX
Steven K. Hayes
Attorney at Law
Fort Worth, TX
Hon. Nathan L. Hecht
The Supreme Court of Texas
Austin, TX
William S. Helfand
Lewis Brisbois
Houston, TX
Hon. Richard F. Hightower
First Court of Appeals
Houston, TX
Nathan Johnson
Texas State Senate, District 16
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
Gene Major
State Bar of Texas
Austin, TX
Jeremy C. Marwell
Vinson & Elkins LLP
Washington, DC
Sharon McCally
McCally Law, P.C.
Houston, TX
Tracy W. McCormack
The University of Texas School of Law
Austin, TX
Hon. Daryl L. Moore
333rd District Court
Houston, TX
Hon. Priscilla R. Owen
U.S. Court of Appeals, Fifth Circuit
Austin, TX
Tim Patton
The Appellate Immigration Project
San Antonio, TX
Hon. Bob Pemberton
Third Court of Appeals (Ret.)
Austin, TX
Hon. Amanda L. Reichek
Fifth Court of Appeals
Dallas, TX
Scott Rothenberg
Law Offices of Scott Rothenberg
Houston, TX
Gretchen Sims Sween
Attorney & Counselor at Law
Austin, TX
Amanda G. Taylor
Butler Snow LLP
Austin, TX
Roger D. Townsend
Cokinos | Young
Houston, TX
Hon. Gisela D. Triana
Third Court of Appeals
Austin, TX
Michael S. Truesdale
Enoch Kever PLLC
Austin, TX
Stephen Vladeck
The University of Texas School of Law
Austin, TX

Planning Committee

Jane M. N. Webre—Chair
Scott Douglass & McConnico LLP
Austin, TX
Pamela Stanton Baron
Attorney at Law
Austin, TX
Jane N. Bland
Vinson & Elkins LLP
Houston, TX
William J. Boyce
Alexander Dubose & Jefferson LLP
Houston, TX
Sharon E. Callaway
Crofts & Callaway, P.C.
San Antonio, TX
Don Cruse
Law Office of Don Cruse
Austin, TX
Philip Durst
Deats, Durst & Owen, P.L.L.C.
Austin, TX
Elana S. Einhorn
Austin, TX
Jennifer S. Freel
Vinson & Elkins LLP
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
Thomas S. Leatherbury
Vinson & Elkins LLP
Dallas, TX
Dana Livingston
Cokinos | Young
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 (Ret.)
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
Jo Ann Storey
Jo Ann Storey, P.C.
Houston, TX

UT Law CLE

2019 Conference on State and Federal Appeals

Credit Information

MCLE Credit

Texas
12.75 hrs  |  2.75 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
12.75 hrs  |  2.75 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
15.00 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
15.00 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

2019 Conference on State and Federal Appeals

Key Dates

Austin

  • Last day for Individual early registration: Jun 12, 2019
    Add $50 for registrations received after this time
  • Last day for Government Attorney early registration: Jun 12, 2019
    Add $50 for registrations received after this time
  • Last day for Group (5-9 ppl) early registration: Jun 12, 2019
    Add $50 for registrations received after this time
  • Last day for Group (10 or more ppl) early registration: Jun 12, 2019
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Jun 14, 2019
  • Last day for cancellation (partial refund): Jun 17, 2019
    $50 processing fee applied

UT Law CLE

2019 Conference on State and Federal Appeals

Hotel / Venue

Austin

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$189 room rate good through May 20, 2019 (subject to availability).

Book your room online 
here or call the reservations department at 877-744-8822 and reference the  2019 Appellate Law Conference. The reservations link will be active until the room block is full or the cutoff date of 5/20/19, whichever comes first. 

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking. 

UT Law CLE

2019 Conference on State and Federal Appeals

Sponsors