University of Texas School of Law
30th Annual
Conference on State and Federal Appeals
Austin Jun 4-5, 2020 AT&T Conference Center
$645 Individual  |  $695 after May 27
$375 Government Attorney  |  $425 after May 27
$580 Group (5-9 ppl)  |  $630 after May 27
$515 Group (10 or more ppl)  |  $565 after May 27
Related products: eConferences, Materials
SPONSORS
Beck Redden LLP
Enoch Kever PLLC
Haynes and Boone, LLP
Vinson & Elkins LLP

SUPPORTING ORGANIZATION
The Appellate Section of the State Bar of Texas

UT Law CLE

2020 Conference on State and Federal Appeals

Program Features
UT Law CLE'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.

2020 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.
  • Updates on recent opinions from the Texas Supreme Court, U.S. Supreme Court, and Fifth Circuit on contract issues, attorney’s fees, advanced personal jurisdiction, and certification.
  • Tips for using visuals to transform briefs and writing effective replies, in addition to the findings included in the 2020 Texas Appellate Judicial Survey.
  • Insight into Preparing for and Delivering an Effective Appellate Argument from Michael Dreeben, O’Melveny & Myers LLP, Washington, DC.
  • 2.50 hours of ethics, including presentations on Standards for Appellate Conduct, Courts Respond to #MeToo, and the always popular Ethics Game Show.
  • Multiple networking opportunities to connect with fellow colleagues and members of the judiciary, including Thursday’s Evening Reception and Friday’s Luncheon with the Judiciary.
Following the conference, attendees will receive a bonus eSupplement containing up to an additional 2.00 hours of MCLE (including 0.50 hour of ethics) to ensure practitioners can earn their full 15.00/3.00 Texas MCLE hours for the year!

UT Law CLE

2020 Conference on State and Federal Appeals

3/31/20
Schedule

Thursday Morning, Jun. 4, 2020

Presiding Officer:
Jane M. N. Webre, Scott Douglass & McConnico LLP - Austin, TX

7:30 am

Austin Only

Registration Opens

Includes continental breakfast.

8:20 am
Welcoming Remarks

8:30 am

0.50 hr

What Are the Odds

Two jurismetricians provide answers to common questions clients ask about their chances in the Texas Supreme Court.

Pamela Stanton Baron, Attorney at Law - Austin, TX
Don Cruse, Law Office of Don Cruse - Austin, TX

9:00 am

0.75 hr

Conference Retrospective: 30 Years Later

Two members of the first class of board-certified civil appellate lawyers discuss how the ensuing 30 years have directly and subtly impacted the appellate process—particularly the “Four Pillars of Appellate Review”:  preservation, the standard of review, harmful/less error and stare decisis.

Michael A. Hatchell, Haynes and Boone, LLP - Austin, TX
David Keltner, Kelly Hart & Hallman LLP - Fort Worth, TX

9:45 am

0.50 hr

Beyond Breach: Recent Developments in Contract Issues

Recent decisions from the Texas Supreme Court concerning contract enforcement adhere to the principle that contract rights in Texas are held sacred and shall be enforced. From contract formation to fraudulent inducement claims, application of that principle is shifting contract-based analysis away from the jury and onto the bench.

Kendyl T. Hanks, Greenberg Traurig, LLP - Austin, TX

10:15 am
Break

10:30 am

0.75 hr

Texas Supreme Court Update

Exlpore 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

11:15 am

0.50 hr

Briefing Beyond the Words

A discussion on how to use visuals to enhance your written advocacy and transform your briefs.

Mark Trachtenberg, Haynes and Boone, LLP - Houston, TX

11:45 am

0.50 hr

Preparing for and Delivering an Effective Appellate Argument

The key to effective appellate argument is preparation, gain insight into the strategic and practical steps to take in the weeks before rising to speak at the podium—and what to do when you get there. 

Michael Dreeben, O’Melveny & Myers LLP - Washington DC

12:15 pm

Austin Only

Pick Up Lunch (in Austin)

Included in registration.

Thursday Afternoon, Jun. 4, 2020

Presiding Officer:
Thomas S. Leatherbury, Vinson & Elkins LLP - Dallas, TX

LUNCHEON PRESENTATION

12:35 pm

0.75 hr ethics

Standards for Appellate Conduct

In 1995, Skip Watson and Kevin Dubose led an effort to draft the Standards for Appellate Conduct. 24 years later, they reflect on the effect the Standards have had on the appellate practice and culture in Texas, and what can be done to revitalize the Standards for today’s appellate bar.

Kevin Dubose, Alexander Dubose & Jefferson LLP - Houston, TX
Charles R. Watson Jr., Greenberg Traurig, LLP - Austin, TX

 
1:20 pm
Break

1:35 pm

0.50 hr

The Art of the Reply

The reply brief can be a repetitive, tedious exercise that fails to truly engage on the tough issues. Learn how to make your replies helpful and effective.

Hon. Gina M. Benavides, Thirteenth Court Of Appeals - Edinburg, TX
Meredith B. Parenti, Parenti Law PLLC - Houston, TX
Hon. Gisela D. Triana, Third Court of Appeals - Austin, TX

2:05 pm

0.50 hr

Working with In-House Counsel: Tips and Traps

Two veteran in-house counsel provide insights and suggestions.

Nina Cortell, Haynes and Boone, LLP - Dallas, TX
Lisa L. Havens, Baylor Scott & White Health - Temple, TX
Tonja De Sloover, Energy Transfer LP - Houston, TX

2:35 pm

0.50 hr

Attorney's Fees Update

Examine recent case law governing how to prove up attorney’s fees at trial and keep them on appeal.

Shelby L. O'Brien, Enoch Kever PLLC - Austin, TX

3:05 pm
Break

3:15 pm

0.50 hr ethics

Courts Respond to #MeToo

A conversation about what measures federal and state courts are taking to address #MeToo issues.

Hon. Kristen Hawkins, 11th Judicial District - Houston, TX

3:45 pm

0.50 hr

U.S. Supreme Court Update

An overview of major decisions and trends from the Supreme Court’s 2019-2020 term.

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

4:15 pm

0.75 hr ethics

Ethics Game Show

Watch ambitious appellate practitioners compete against one another, as they try to answer ethics questions that savvy practitioners ought to know. #WhatWouldPhilSay

Hon. Daryl L. Moore, 333rd District Court - Houston, TX
Jane M. N. Webre, Scott Douglass & McConnico LLP - Austin, TX

5:00 pm
Adjourn

Austin Only

Networking Reception (5:00 p.m. to 6:00 p.m.)

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

Friday Morning, Jun. 5, 2020

Presiding Officer:
Melissa Lorber, Enoch Kever PLLC - Austin, TX

7:30 am

Austin Only

Conference Room Opens

Includes continental breakfast.

8:30 am

0.50 hr
0.25 hr ethics

The Right to Retain Silence? The Enforceability of “Catch and Kill” NDAs

The role of nondisclosure agreements in sexual harassment settlement agreements and in “catch and kill” agreements—an agreement whereby a media outlet buys the exclusive right to a story, usually involving allegations of misconduct against a prominent figure, and then “kills” the story for the benefit of the individual—has gained widespread media attention following the #MeToo movement, the 2016 presidential election, and Ronan Farrow’s 2019 investigation into Harvey Weinstein. The use of NDAs to keep information from public view regarding possible sexual misconduct or sexual crimes raises numerous complex and controversial legal and ethical questions. A focus on the enforceability of such NDAs under Texas law, including the factors courts would examine in deciding whether such contractual provisions violate public policy.

Karima Maloney, Smyser Kaplan & Veselka, L.L.P. - Houston, TX
Samantha J. Jarvis, Smyser Kaplan & Veselka, L.L.P. - Houston, TX

9:00 am

0.75 hr
0.25 hr ethics

2020 Texas Appellate Judicial Survey

The first step in tailoring your clients’ oral and written presentations to the preferences and dislikes of appellate justices is learning what they are. The 2020 Texas Appellate Judicial Survey is a valuable tool to achieve that important objective.

Scott Rothenberg, Law Offices of Scott Rothenberg - Bellaire, TX
Kent Rutter, Haynes and Boone, LLP - Houston, TX
Jo Ann Storey, Jo Ann Storey, P.C. - Houston, TX

9:45 am

0.50 hr

What is Persuasive Authority and When Does it Stop Being Persuasive?

What authority do courts find to be “persuasive” even when it’s not binding? And, what happens when the Legislature steps in with statutory directions about authorities the courts can reply upon?

William J. Boyce, Alexander Dubose & Jefferson LLP - Houston, TX
Robert B. Dubose, Alexander Dubose & Jefferson LLP - Houston, TX

10:15 am
Break

10:30 am

0.50 hr

Settlement Credits

How to calculate settlement credits, their effect on prejudgment interest, burden placement in determining the amount to be credited, and recent constitutional challenges.

Jacqueline M. Stroh, The Law Office Of Jacqueline M. Stroh, P.C. - San Antonio, TX

11:00 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:
David M. Gunn, Beck Redden LLP - Houston, TX
Panelists:
Hon. Nathan L. Hecht, The Supreme Court of Texas - Austin, TX
Hon. J. Brett Busby, The Supreme Court of Texas - Austin, TX
Hon. Jane N. Bland, The Supreme Court of Texas - Austin, TX

11:45 am

Austin Only

Break

Friday Afternoon, Jun. 5, 2020

Presiding Officer:
Laurie Ratliff, Laurie Ratliff LLC - Austin, TX

12:05 pm

Austin Only

Optional Lunch with 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

Austin Only

Return to General Session

1:05 pm

0.50 hr

Why I Lost

Lessons learned from advocacy, case selection, error preservation, and adverse authority.

Sean M. Reagan, Leyh Payne & Mallia PLLC - Houston, TX

1:35 pm

0.50 hr

Unsettled Questions on Advanced Personal Jurisdiction

The United States Supreme Court issued six personal jurisdiction opinions from 2011 to 2017. What are the open issues after Daimler, Nicastro, and Bristol-Myers?

Alex Wilson Albright, Alexander Dubose & Jefferson LLP - Austin, TX

2:05 pm

0.50 hr

Fifth Circuit Update

A close look at the most interesting and important cases from the United States Court of Appeals for the Fifth Circuit in the past year.

Raffi Melkonian, Wright Close & Barger, LLP - Houston, TX

2:35 pm

0.50 hr

FRAP Traps

A quick word to the wary about some procedural traps to watch out for.

Jason P. Steed, Kilpatrick Townsend & Stockton LLP - Dallas, TX

3:05 pm

0.50 hr

Certification by the Circuits

Has the Fifth Circuit shown a renewed interest in considering certifying state law questions to the Texas Supreme Court? What can other circuits’ approaches teach us about when certification may be appropriate?

Dana Livingston, Cokinos | Young - Austin, TX

3:35 pm
Adjourn

UT Law CLE

2020 Conference on State and Federal Appeals

Faculty

Conference Faculty

Alex Wilson Albright
Alexander Dubose & Jefferson LLP
Austin, TX
Pamela Stanton Baron
Attorney at Law
Austin, TX
Hon. Gina M. Benavides
Thirteenth Court Of Appeals
Edinburg, TX
Hon. Jane N. Bland
The Supreme Court of Texas
Austin, TX
William J. Boyce
Alexander Dubose & Jefferson LLP
Houston, TX
Hon. Jeff Boyd
The Supreme Court of Texas
Austin, TX
Hon. J. Brett Busby
The Supreme Court of Texas
Austin, TX
Nina Cortell
Haynes and Boone, LLP
Dallas, TX
Don Cruse
Law Office of Don Cruse
Austin, TX
Tonja De Sloover
Energy Transfer LP
Houston, TX
Michael Dreeben
O’Melveny & Myers LLP
Washington DC
Kevin Dubose
Alexander Dubose & Jefferson LLP
Houston, TX
Robert B. Dubose
Alexander Dubose & Jefferson LLP
Houston, TX
David M. Gunn
Beck Redden LLP
Houston, TX
Kendyl T. Hanks
Greenberg Traurig, LLP
Austin, TX
Michael A. Hatchell
Haynes and Boone, LLP
Austin, TX
Lisa L. Havens
Baylor Scott & White Health
Temple, TX
Hon. Kristen Hawkins
11th Judicial District
Houston, TX
Hon. Nathan L. Hecht
The Supreme Court of Texas
Austin, TX
Samantha J. Jarvis
Smyser Kaplan & Veselka, L.L.P.
Houston, TX
David Keltner
Kelly Hart & Hallman LLP
Fort Worth, TX
Kurt Kuhn
Kuhn Hobbs PLLC
Austin, TX
Dana Livingston
Cokinos | Young
Austin, TX
Karima Maloney
Smyser Kaplan & Veselka, L.L.P.
Houston, TX
Jeremy C. Marwell
Vinson & Elkins LLP
Washington, DC
Raffi Melkonian
Wright Close & Barger, LLP
Houston, TX
Hon. Daryl L. Moore
333rd District Court
Houston, TX
Shelby L. O'Brien
Enoch Kever PLLC
Austin, TX
Meredith B. Parenti
Parenti Law PLLC
Houston, TX
Sean M. Reagan
Leyh Payne & Mallia PLLC
Houston, TX
Scott Rothenberg
Law Offices of Scott Rothenberg
Bellaire, TX
Kent Rutter
Haynes and Boone, LLP
Houston, TX
Jason P. Steed
Kilpatrick Townsend & Stockton LLP
Dallas, TX
Jo Ann Storey
Jo Ann Storey, P.C.
Houston, TX
Jacqueline M. Stroh
The Law Office Of Jacqueline M. Stroh, P.C.
San Antonio, TX
Mark Trachtenberg
Haynes and Boone, LLP
Houston, TX
Hon. Gisela D. Triana
Third Court of Appeals
Austin, TX
Charles R. Watson Jr.
Greenberg Traurig, LLP
Austin, TX
Jane M. N. Webre
Scott Douglass & McConnico LLP
Austin, TX

Planning Committee

Jane M. N. Webre—Chair
Scott Douglass & McConnico LLP
Austin, TX
Douglas W. Alexander
Alexander Dubose & Jefferson LLP
Austin, TX
Pamela Stanton Baron
Attorney at Law
Austin, 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
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
Leslie Sara Hyman
Pulman, Cappuccio, Pullen & Benson LLP
San Antonio, 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
Raffi Melkonian
Wright Close & Barger, LLP
Houston, TX
Hon. Daryl L. Moore
333rd District Court
Houston, TX
Hon. Bob Pemberton
West Lake Hills, TX
Constance H. Pfeiffer
Beck Redden LLP
Houston, TX
Laurie Ratliff
Laurie Ratliff LLC
Austin, TX
Scott Rothenberg
Law Offices of Scott Rothenberg
Bellaire, TX
Jo Ann Storey
Jo Ann Storey, P.C.
Houston, TX

UT Law CLE

2020 Conference on State and Federal Appeals

Credit Information

MCLE Credit

Texas
13.00 hrs  |  2.50 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  |  2.50 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  |  3.00 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.  

MCLE Credit

Texas
13.00 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Expected for Civil Appellate Law, Expected for Civil Trial Law, Expected for Criminal Appellate Law, Expected for Criminal Law, Expected for Family Law, Expected for Personal Injury Trial Law
Additional Information
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
California
13.00 hrs  |  2.50 hrs Ethics
Additional Information
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.
Oklahoma
15.50 hrs  |  3.00 hrs Ethics
Additional Information
The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.

Other Credit

TX Accounting CPE
15.50 hrs
Additional Information
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and 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.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

UT Law CLE

2020 Conference on State and Federal Appeals

Key Dates

Austin

  • Last day for Individual early registration: May 27, 2020
    Add $50 for registrations received after this time
  • Last day for Government Attorney early registration: May 27, 2020
    Add $50 for registrations received after this time
  • Last day for Group (5-9 ppl) early registration: May 27, 2020
    Add $50 for registrations received after this time
  • Last day for Group (10 or more ppl) early registration: May 27, 2020
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 29, 2020
  • Last day for cancellation (partial refund): Jun 1, 2020
    $50 processing fee applied

UT Law CLE

2020 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

Special Room Rate: $189 good through Mary 7, 2020 (subject to availability).

Book your room online here or call the reservations department at 877-744-8822 and reference the Appellate Law Conference 2020. The reservations link will be active until the room block is full or the cutoff date of 3/26/20, whichever comes first. 

UT Law CLE

2020 Conference on State and Federal Appeals

Sponsors