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29th Annual

Conference on State and Federal Appeals

Austin Jun 20-21, 2019 AT&T Conference Center
Conference Concluded
Buy
Related products: eConference 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
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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!
 

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Event Schedule

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

  • Day 1 June 20, 2019
  • Day 2 June 21, 2019
  • 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
    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.

  • 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
    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

  • Day 1 June 20, 2019
  • Day 2 June 21, 2019
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

  • Austin
MCLE Credit
Toggle view Texas – 12.75 hrs  |  2.75 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 – 12.75 hrs  |  2.75 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 – 15.00 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 – 15.00 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 20-21, 2019 – AT&T Conference Center
Conference Concluded
Buy
  • Austin
Individual
Last day for $595.00 Regular pricing: Jun 12, 2019

$645.00 for registrations received after this time

Government Attorney
Last day for $375.00 Regular pricing: Jun 12, 2019

$425.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $536.00 Regular pricing: Jun 12, 2019

$586.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $476.00 Regular pricing: Jun 12, 2019

$526.00 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. 

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

  • Beck Redden LLP logo
    Beck Redden LLP
    Beck Redden is a firm of courtroom lawyers. Litigation is the firm’s only practice, and the attorneys here take special pride in advocating for clients before juries and judges. In a world of increasing legal complexity, Beck Redden remains committed to simple traditions of professionalism, integrity, and distinguished advocacy.  The Firm handles a wide range of disputes including commercial, oil and gas, product liability, antitrust, securities, environmental, insurance coverage, legal and accounting malpractice, white collar crimes, patent, and other intellectual property cases. Awarded 2016 Litigation Department of the Year by Texas Lawyer (midsize firms), Beck Redden is consistently recognized as a top-tier and highly recommended firm by Chambers USA, Legal 500 United States, Benchmark Litigation, and “Best Law Firms” national and state rankings issued by U.S. News & World Report – Best Lawyers®.
    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
    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
  • Vinson & Elkins LLP logo
    Vinson & Elkins LLP
    Founded over a century ago in Houston, Texas, Vinson & Elkins is an international law firm of nearly 700 lawyers with 13 offices located in energy hubs, financial centers, and political capitals across the globe. In state and federal courts across Texas and the U.S., V&E appellate lawyers have an enviable track record of success representing appellants and appellees, plaintiffs and defendants, amici, and interveners in high-stakes litigation. Partnering with in-house counsel, trial lawyers, and subject-matter experts, our appellate lawyers handle direct appeals of trial court and intermediate appellate judgments and appeals of administrative actions. We also bring broad experience to critical activities at the trial court level, as well as provide legal and strategic counseling to clients on a range of constitutional, statutory, and regulatory issues outside the context of, or in anticipation of, litigation. V&E’s Appellate Practice has been ranked nationally by Chambers USA since 2008.
    velaw.com
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