Overview

UT Law CLE's 31st Annual 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.

2021 highlights include:

  • Candid discussion among Texas Supreme Court Justices about what’s new at the Court, the state of the docket, and tips for practitioners.
  • Review recent opinions from the Texas Supreme Court, U.S. Supreme Court, and U.S. Fifth Circuit on stays, supersedeas judgments, and preserving appellate complaints.
  • Tips and considerations for conducting your practice virtually in Pandemic Preservation: Practice Tips for Preserving Error Before, During, and After COVID-19.
  • Looking back at Justice Ruth Bader Ginsberg’s work, life, family, and the pursuit of justice in Law Clerk Reminiscences of Working with RBG.
  • 2.75 hours of ethics, including presentations on Meet the Press, What Should Be in Your Appellate Representation Agreement, Recovering Appellate Attorney’s Fees, and the return of Ethics Jeopardy.
 
Following the webcast, attendees will receive a free, on-demand eSupplement that will bring their total available hours to 15.00, including 3.00 hours of ethics

Event Schedule

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

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, June 10, 2021
    Presiding Officer:
    Jane M. N. Webre, Scott Douglass & McConnico LLP - Austin, TX
  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    0.50 hr
    Looking Back at the 87th 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
    Senator Nathan Johnson, Texas State Senate, District 16 - Dallas, TX

  • 9:00 am
    10-Minute Break

  • 9:10 am
    0.50 hr
    Texas Supreme Court by the Numbers
    A new look at what has been happening with petitions and what that suggests about your client's odds.

    Don Cruse, Law Office of Don Cruse - Austin, TX

  • 9:40 am
    10-Minute Break

  • 9:50 am
    0.50 hr
    “What’d I Miss?”—An Update on the Texas Pattern Jury Charges
    It’s an odd-numbered year, which means that four of the Texas Pattern Jury Charge volumes have published new editions. Former Judge Dan Hinde, who chairs the Pattern Jury Charge Oversight Committee, runs through the highlights of the latest changes in the General Negligence, Business, Malpractice, and Oil & Gas volumes of the Pattern Jury Charges.

    Hon. Dan Hinde, Schiffer Hicks Johnson PLLC - Houston, TX

  • 10:20 am
    10-Minute Break

  • 10:30 am
    0.75 hr
    Texas Supreme Court Update
    Explore recent opinions issued by the Court in the current term.
    This presentation was recorded and will be broadcast during the live webcast. The speakers will not be available in real-time to answer questions.

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

  • 11:15 am
    30-minute Break for Lunch

  • Thursday Afternoon, June 10, 2021
    Presiding Officer:
    Jo Ann Storey, Jo Ann Storey, P.C. - Houston, TX
  • LUNCHEON PRESENTATION
  • 11:45 am
    0.50 hr ethics
    Meet the Press: Working Effectively with the Media
    Tips, Tricks, Do’s, and Don’ts. Practical and ethical considerations for lawyers speaking with reporters.

    Connie H. Pfeiffer, Yetter Coleman LLP - Houston, TX
    Natalie Posgate, The Texas Lawbook - Dallas, TX

  • 12:15 pm
    10-Minute Break

  • 12:25 pm
    1.00 hr
    Three Pack Update on TRAP Amendments, the TCPA, and Sufficiency Standards of Review
    This presentation covers recent changes, noteworthy holdings, and open questions on these three topics to arm practitioners with helpful and current information. 

    Matthew Scott Compton, Fourth Court of Appeals - San Antonio, TX
    Hon. Erin A. Nowell, 5th District Court of Appeals - Dallas, TX
    Amanda G. Taylor, Butler Snow LLP - Austin, TX

  • 1:25 pm
    10-Minute Break

  • 1:35 pm
    0.50 hr ethics
    What Should (and Should Not) Be in Your Appellate Representation Agreement
    A well-drafted Appellate Representation Agreement can protect you and your law firm against grievances, and legal malpractice and breach of fiduciary duty lawsuits. In this day and age, you cannot afford to be without one.

    Scott Rothenberg, Law Office of Scott Rothenberg - Bellaire, TX

  • 2:05 pm
    10-Minute Break

  • 2:15 pm
    0.75 hr
    0.25 hr ethics
    Pandemic Preservation: Practice Tips for Preserving Error Before, During, and After COVID-19
    Preserving error was difficult enough before COVID-19. Now, virtual hearings and trials require extra steps. This presentation addresses considerations for presenting witnesses, handling exhibits, using demonstratives, and making a record that helps the trial judge, the appellate courts, and you while practicing in a virtual setting.

    Kirsten CastaƱeda, Alexander Dubose & Jefferson LLP - Dallas, TX
    Hon. Latosha Lewis Payne, 55th Civil District Court - Houston, TX
    Hon. Daryl L. Moore, Ahmad Zavitsanos Anaipakos Alavi Mensing, PC - Houston, TX

  • 3:00 pm
    10-Minute Break

  • 3:10 pm
    0.50 hr ethics
    Recovering Appellate Attorney’s Fees
    The Texas Supreme Court’s recent guidance on proving up attorneys’ fees applies to appellate fees as well and federal courts apply their own rules about appellate fees. This update addresses best practices for recovering appellate fees. 

    Leslie Sara Hyman, Pulman, Cappuccio & Pullen, LLP - San Antonio, TX
    Matthew J. McGowan, Santoyo Wehmeyer P.. - San Antonio, TX

  • 3:40 pm
    10-Minute Break

  • 3:50 pm
    0.75 hr ethics
    Ethics Jeopardy
    Watch ambitious appellate practitioners compete against one another, as they struggle to answer ethics questions that savvy practitioners ought to know.
    This presentation was recorded and will be broadcast during the live webcast. The speakers will not be available in real-time to answer questions.

    Moderator:
    Douglas W. Alexander, Alexander Dubose & Jefferson LLP - Austin, TX
    Panelists:
    Elizabeth G. (Heidi) Bloch, Greenberg Traurig, LLP - Austin, TX
    William J. Chriss, The Snapka Law Firm - Corpus Christi, TX
    Kevin Dubose, Alexander Dubose & Jefferson LLP - Houston, TX
    Mia Lorick, Locke Lord LLP - Houston, TX

  • 4:35 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, June 11, 2021
    Presiding Officer:
    Elana S. Einhorn, Enoch Kever PLLC - Austin, TX
  • 8:30 am
    0.50 hr
    Findings of Fact and Conclusions of Law
    How to draft effective findings of fact and conclusions of law, strategies for additional findings and conclusions, and handling the unusual scenarios that arise with requests for findings of fact.

    Laurie Ratliff, Laurie Ratliff LLC - Austin, TX

  • 9:00 am
    10-Minute Break

  • 9:10 am
    0.75 hr
    Mooting Your Case for Oral Argument
    Practicing your oral argument in front of others unfamiliar with the case is invaluable in preparing for questions from the court and in streamlining your key points. It can be a formal moot or an informal roundtable discussion, live or over Zoom, and the judges can be colleagues, retained appellate experts, or even relatives. The panel members provide tips for an effective moot, whatever the format.

    Pamela Stanton Baron, Attorney at Law - Austin, TX
    Hon. Scott A. Brister, Hunton Andrews Kurth LLP - Austin, TX
    Natalie Thompson, Office of the Texas Attorney General - Austin, TX

  • 9:55 am
    10-Minute Break

  • 10:05 am
    0.75 hr
    0.25 hr ethics
    Amicus Briefs in Texas Appellate Courts
    Discuss the increasing role of amici in Texas appellate courts, consider how amicus briefs may have influenced recent decisions, and share views on the “do's and don’ts” of effective advocacy in amicus briefs.

    Moderator:
    Anne M. Johnson, Haynes and Boone, LLP - Dallas, TX
    Panelists:
    Carl Cecere, Cecere PC - Dallas, TX
    Hon. Peter M. Kelly, First Court of Appeals - Houston, TX
    Ryan Paulsen, Haynes and Boone, LLP - Dallas, TX

  • 10:50 am
    10-Minute Break

  • 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 securing discretionary review for their clients.

    Moderator:
    Jane M. N. Webre, Scott Douglass & McConnico LLP - Austin, TX
    Panelists:
    Hon. Debra H. Lehrmann, The Supreme Court of Texas - Austin, TX
    Hon. Jane N. Bland, The Supreme Court of Texas - Austin, TX
    Hon. Rebeca Huddle, The Supreme Court of Texas - Austin, TX

  • 11:45 am
    30-minute Break for Lunch

  • Friday Afternoon, June 11, 2021
    Presiding Officer:
    Jennifer S. Freel, Vinson & Elkins LLP - Austin, TX
  • LUNCHEON PRESENTATION
  • 12:15 pm
    0.75 hr
    Law Clerk Reminiscences of Working with RBG
    Hear a conversation between three former law clerks of Justice Ruth Bader Ginsburg as they share memories of what it was like to work for the Justice, and what they learned from her about work, life, family, and the pursuit of justice.

    Dori Bernstein, The Appellate Project - Washington, DC
    Kelsi Brown Corkran, Institute for Constitutional Advocacy & Protection - Washington, DC
    Devi Rao, MacArthur Justice Center - Washington, DC

  • 1:00 pm
    10-Minute Break

  • 1:10 pm
    0.75 hr
    Fun with the Charge: Storming the Casteel
    The panel discusses the latest on the “rotten apple” problem in jury charge practice, including issues to consider in drafting charge material, making a record, and arguing the points on appeal.

    David M. Gunn, Beck Redden LLP - Houston, TX
    Russell S. Post, Beck Redden LLP - Houston, TX
    Hon. Thomas R. Phillips, Baker Botts L.L.P. - Austin, TX

  • 1:55 pm
    10-Minute Break

  • 2:05 pm
    0.50 hr
    Supersedeas and Stays in State and Federal Court
    Review the basics on how to obtain stays and supersede judgments in state and federal court, as well as look at the latest case law in this ever-changing area of the law.

    Hon. Dustin M. Howell, 200th District Court - Austin, TX
    Materials By:
    Elaine Grafton Carlson, South Texas College of Law Houston - Houston, TX

  • 2:35 pm
    10-Minute Break

  • 2:45 pm
    0.50 hr
    Preserving Appellate Complaints in Federal Courts
    Explore the basics of federal preservation, focus on a few of the more troublesome issues and unsettled issues in preserving appellate complaints in federal court, and discuss practical approaches to preventing claims of waiver on appeal.

    Reagan W. Simpson, Yetter Coleman LLP - Houston, TX

  • 3:15 pm
    10-Minute Break

  • 3:25 pm
    0.50 hr
    U.S. Fifth Circuit Update
    A close look at the most interesting and important cases from the U.S. Court of Appeals for the Fifth Circuit in the past year.

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

  • 3:55 pm
    10-Minute Break

  • 4:05 pm
    0.50 hr
    U.S. Supreme Court Update
    An overview of major decisions and trends from the Supreme Court’s 2020-2021 term.

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

  • 4:35 pm
    Adjourn

Conference Faculty

Douglas W. Alexander

Alexander Dubose & Jefferson LLP
Austin, TX

Pamela Stanton Baron

Attorney at Law
Austin, TX

Dori Bernstein

The Appellate Project
Washington, DC

Hon. Jane N. Bland

The Supreme Court of Texas
Austin, TX

Elizabeth G. (Heidi) Bloch

Greenberg Traurig, LLP
Austin, TX

Hon. Jeff Boyd

The Supreme Court of Texas
Austin, TX

Hon. Scott A. Brister

Hunton Andrews Kurth LLP
Austin, TX

Kelsi Brown Corkran

Institute for Constitutional Advocacy & Protection
Washington, DC

Jerry D. Bullard

Adams, Lynch & Loftin, P.C.
Grapevine, TX

Elaine Grafton Carlson

South Texas College of Law Houston
Houston, TX

Kirsten CastaƱeda

Alexander Dubose & Jefferson LLP
Dallas, TX

Carl Cecere

Cecere PC
Dallas, TX

William J. Chriss

The Snapka Law Firm
Corpus Christi, TX

Matthew Scott Compton

Fourth Court of Appeals
San Antonio, TX

Don Cruse

Law Office of Don Cruse
Austin, TX

Kevin Dubose

Alexander Dubose & Jefferson LLP
Houston, TX

David M. Gunn

Beck Redden LLP
Houston, TX

Hon. Dan Hinde

Schiffer Hicks Johnson PLLC
Houston, TX

Hon. Dustin M. Howell

200th District Court
Austin, TX

Hon. Rebeca Huddle

The Supreme Court of Texas
Austin, TX

Leslie Sara Hyman

Pulman, Cappuccio & Pullen, LLP
San Antonio, TX

Anne M. Johnson

Haynes and Boone, LLP
Dallas, TX

Senator Nathan Johnson

Texas State Senate, District 16
Dallas, TX

Hon. Peter M. Kelly

First Court of Appeals
Houston, TX

Kurt Kuhn

Kuhn Hobbs PLLC
Austin, TX

Hon. Debra H. Lehrmann

The Supreme Court of Texas
Austin, TX

Hon. Latosha Lewis Payne

55th Civil District Court
Houston, TX

Mia Lorick

Locke Lord LLP
Houston, TX

Jeremy C. Marwell

Vinson & Elkins LLP
Washington, DC

Matthew J. McGowan

Santoyo Wehmeyer P..
San Antonio, TX

Raffi Melkonian

Wright Close & Barger, LLP
Houston, TX

Hon. Daryl L. Moore

Ahmad Zavitsanos Anaipakos Alavi Mensing, PC
Houston, TX

Hon. Erin A. Nowell

5th District Court of Appeals
Dallas, TX

Ryan Paulsen

Haynes and Boone, LLP
Dallas, TX

Connie H. Pfeiffer

Yetter Coleman LLP
Houston, TX

Hon. Thomas R. Phillips

Baker Botts L.L.P.
Austin, TX

Natalie Posgate

The Texas Lawbook
Dallas, TX

Russell S. Post

Beck Redden LLP
Houston, TX

Devi Rao

MacArthur Justice Center
Washington, DC

Laurie Ratliff

Laurie Ratliff LLC
Austin, TX

Scott Rothenberg

Law Office of Scott Rothenberg
Bellaire, TX

Reagan W. Simpson

Yetter Coleman LLP
Houston, TX

Amanda G. Taylor

Butler Snow LLP
Austin, TX

Natalie Thompson

Office of the Texas Attorney General
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

Don Cruse

Law Office of Don Cruse
Austin, TX

Elana S. Einhorn

Enoch Kever PLLC
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, LLP
San Antonio, TX

Anne M. Johnson

Haynes and Boone, LLP
Dallas, TX

Kurt Kuhn

Kuhn Hobbs PLLC
Austin, TX

Thomas S. Leatherbury

Vinson & Elkins LLP
Dallas, TX

Jeffrey S. Levinger

Levinger PC
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

Ahmad Zavitsanos Anaipakos Alavi Mensing, PC
Houston, TX

Connie H. Pfeiffer

Yetter Coleman LLP
Houston, TX

Richard B. Phillips Jr.

Thompson & Knight LLP
Dallas, TX

Laurie Ratliff

Laurie Ratliff LLC
Austin, TX

Scott Rothenberg

Law Office of Scott Rothenberg
Bellaire, TX

Jo Ann Storey

Jo Ann Storey, P.C.
Houston, TX

Colleen M. Sullivan

The Supreme Court of Texas
Austin, TX

Credit Info

MCLE Credit
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.
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.
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.
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.
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
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.

Key Dates

Live Webcast – Jun 10-11, 2021
Conference Concluded
Buy
Live Webcast
Last day for Individual early registration: May 14, 2021

Add $50 for registrations received after this time

Last day for Group (5 registrants minimum) early registration: May 14, 2021

Add $0 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: May 14, 2021

Add $0 for registrations received after this time

Our Sponsors

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

Sign-Up for Our Hooked on CLE Monthly Newsletter