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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 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!
 

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • 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

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

    Explore recent opinions issued by the Court in the current term.
  • 9:15 am
    0.50 hr
    Looking Back at the 86th Texas Legislature

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

    Survey selected bills that passed and those that didn't – but you should know about anyway.
  • 9:45 am
    0.50 hr
    Appellate Lawyers in Trial Court

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

    Examine the most effective and ineffective use of appellate lawyers during and immediately after trial.
  • 10:15 am
    Break
  • 10:30 am
    0.75 hr
    The View from the Court of Appeals

    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

    Last fall brought a number of changes to the Court of Appeals. Get to know the new Justices.
  • 11:15 am
    0.50 hr
    Findings of Fact

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

    Learn more than you ever thought you could know about Findings of Fact and Conclusions of Law.
  • 11:45 am
    0.50 hr
    The Dicta Plague

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

    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?
  • 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

    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

    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.
  • 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)

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

    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. 
  • 2:05 pm
    0.50 hr
    Jury Charge Update

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

    Examine the significant jury charge cases over the past year and the most common recurring problems.
  • 2:35 pm
    0.50 hr ethics
    Legal Malpractice Update

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

    Get the latest on recent developments in Texas legal malpractice law, as well as notable ethics opinions that are applicable to appellate practitioners.
  • 3:05 pm
    Break
  • 3:15 pm
    0.50 hr
    Governmental Immunity Under State Law

    William S. Helfand, Lewis Brisbois - Houston, TX

    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.
  • 3:45 pm
    0.50 hr
    The Evolving Law of Federal Official Immunity

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

    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.
  • 4:15 pm
    0.50 hr
    Update on the Supreme Court of the United States

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

    Review of the 2018 term and a look ahead to the 2019 term commencing in October.
  • 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.
  • Time
    Credit
    Subject
    Speaker
  • 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

    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

    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.
  • 9:15 am
    0.50 hr
    ​Compensatory Damages on Appeal

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

    Examine recent appeals involving compensatory and “soft damages” to help you maximize or minimize those damages on appeal.
  • 9:45 am
    0.50 hr
    Advocacy Practice and Theory for the New Millennium

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

    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.
  • 10:15 am
    Break
  • 10:30 am
    0.50 hr
    Error Preservation Ambushes: Infliction and Prevention

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

    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.
  • 11:00 am
    0.75 hr
    Supreme Court of Texas Panel

    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

    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.
  • 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

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

    Review Fifth Circuit operations and case-load challenges during the last year.
  • 1:35 pm
    0.50 hr
    U.S. Fifth Circuit Update

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

    Examine recent opinions and trends from the U.S. Fifth Circuit Court of Appeals.
  • 2:05 pm
    0.50 hr
    Getting Cert Granted

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

    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.
  • ETHICS THREE-PACK
  • 2:35 pm
    1.00 hr ethics
    Ethics Three-Pack: Client Confidentiality, Advertising, and Social Media

    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

    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.
  • 3:35 pm
    Adjourn
Download Schedule

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

Credit Info

MCLE Credit
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.  
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.  
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.
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
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.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Austin – Jun 20-21, 2019 – AT&T Conference Center
Conference Concluded
Buy
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 registrants minimum) early registration: Jun 12, 2019

Add $50 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: Jun 12, 2019

Add $50 for registrations received after this time

Last day for cancellation (full refund): Jun 14, 2019

$50 processing fee applied after this date

Last day for cancellation: Jun 17, 2019

Venue

speaker

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. 

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