University of Texas School of Law
30th Annual
Conference on State and Federal Appeals
Live Webcast Jun 4-5, 2020
Conference Concluded
Related products: eConferences, Materials
In response to current events, UT Law CLE has suspended live, in-person attendance for the 30th Annual Conference on State and Federal Appeals.

However, this year’s conference will continue virtually, via Live Webcast, as currently scheduled on June 4-5, 2020 enabling currently registered attendees to receive timely information and meet their MCLE requirements. We will notify all registrants via email with options for transferring their registration to this live webcast or requesting credits/refunds, and will post regular updates on our website regarding this conference. For further inquiries, please contact our Customer Service Team at
service@utcle.org.
SPONSORS
Enoch Kever PLLC
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 and the always popular Ethics Game Show.
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

7/14/20
Schedule

Thursday Morning, Jun. 4, 2020

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

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
5-Minute Break

9:05 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

9:50 am
5-Minute Break

9:55 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
Nicole Córdoba, Greenberg Traurig, LLP - Austin, TX

10:25 am
5-Minute Break

10:30 am

0.75 hr

Texas Supreme Court 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

11:15 am
5-Minute Break

11:20 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

11:50 am
5-Minute Break

11:55 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

12:25 pm
Break for Lunch—Presentation Resumes at 12:50 p.m.

Thursday Afternoon, Jun. 4, 2020

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

LUNCHEON PRESENTATION

12:50 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 (Skip) Watson, Greenberg Traurig, LLP - Austin, TX

 
1:35 pm
5-Minute Break

1:40 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

2:10 pm
5-Minute Break

2:15 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

2:45 pm
5-Minute Break

2:50 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

3:20 pm
5-Minute Break

3:25 pm

0.50 hr ethics

Texas Courts Respond to COVID-19

A discussion of challenges facing the Texas courts during a pandemic and the steps taken to resolve those challenges, both in the trial and appellate courts.

Moderator:
Blake A. Hawthorne, The Supreme Court of Texas - Austin, TX
Panelists:
Hon. Emily Miskel, 470th District Court, Collin County - McKinney, TX
David Slayton, Office of Court Administration - Austin, TX

3:55 pm
5-Minute Break

4:00 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

4:30 pm
5-Minute Break

4:35 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

5:20 pm
Adjourn

Friday Morning, Jun. 5, 2020

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

8:30 am

0.50 hr
0.25 hr ethics

The Right to Retain Silence? The Enforceability of NDAs After #MeToo

The role of nondisclosure agreements in settling sexual misconduct claims has gained widespread media attention following the #MeToo and Time’s Up movements, the 2016 presidential election, the criminal trials of Harvey Weinstein and Bill Cosby, and the ouster of prominent figures such as Bill O’Reilly and Matt Lauer. The use of NDAs—typically used to protect trade secrets and other business confidential data—to shield claims of sexual misconduct from public scrutiny has raised complex legal, ethical, and moral questions, and has stirred a debate over whether courts should enforce these agreements. 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
5-Minute Break

9:05 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

9:50 am
5-Minute Break

9:55 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

10:25 am
5-Minute 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
5-Minute Break

11:05 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

11:50 am
Break for Lunch—Presentation Resumes at 12:15 p.m.

Friday Afternoon, Jun. 5, 2020

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

12:15 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

12:45 pm
5-Minute Break

12:50 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

1:20 pm
5-Minute Break

1:25 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

1:55 pm
5-Minute Break

2:00 pm

0.50 hr

Appellate Judge's View of Employment Law Cases

A mid-level update of employment law opinions from our intermediate courts of appeal.

This pre-recorded presentation has been added to the agenda due to the cancelation of "FRAP Traps."

Hon. Amanda L. Reichek, Fifth Court of Appeals - Dallas, TX

2:30 pm
5-Minute Break

2:35 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

3:05 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
Nicole Córdoba
Greenberg Traurig, LLP
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
Blake A. Hawthorne
The Supreme Court of Texas
Austin, 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. Emily Miskel
470th District Court, Collin County
McKinney, 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
Hon. Amanda L. Reichek
Fifth Court of Appeals
Dallas, TX
Scott Rothenberg
Law Offices of Scott Rothenberg
Bellaire, TX
Kent Rutter
Haynes and Boone, LLP
Houston, TX
David Slayton
Office of Court Administration
Austin, 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 (Skip) Watson
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
Elizabeth Flett
The University of Texas School of Law
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
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.
Pennsylvania
13.00 hrs  |  2.50 hrs Ethics
Additional Information
UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
Other States
13.00 hrs  |  2.50 hrs Ethics
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 to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you.

This accreditation requires attendance verification. 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 .

MCLE credit is presented based on a 60-minute credit hour. 

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.

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

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.  

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

UT Law CLE

2020 Conference on State and Federal Appeals

Key Dates

Live Webcast


UT Law CLE

2020 Conference on State and Federal Appeals

Hotel / Venue

UT Law CLE

2020 Conference on State and Federal Appeals

Sponsors