UT Law CLE

32^nd Annual

Conference on State and Federal Appeals

Austin Jun 16-17, 2022 AT&T Conference Center
Conference Concluded

Live Webcast Jun 16-17, 2022
Conference Concluded

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Related products: eConference Materials

SPONSORS
Enoch Kever PLLC
Jackson Walker LLP
Omni Bridgeway
Vinson & Elkins LLP
Yetter Coleman LLP

EXHIBITOR
Court Surety Bond Agency

SUPPORTING ORGANIZATION
The Appellate Section of the State Bar of Texas (link)

Download Brochure (PDF)

Overview

UT Law CLE's 32nd 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.

2022 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.
Review of recent opinions on the most interesting and important cases from the Texas Supreme Court, U.S. Supreme Court, and U.S. Fifth Circuit.
Insight and further analysis in What does the SCOTUS Shadow Docket Mean for Appellate Practitioners (and the country)? from Texas Law Professor Stephen Vladeck.
Learn how clinics can enhance and serve an appellate practice in Get Schooled! Practice and Professional-Identity Lessons from Law School Clinics.
3.25 hours of ethics, including presentations on What Every Attorney Needs to Know About Cybersecurity, the always popular Ethics Game Show, Emergency Toolkit for Grievances and Sanctions Orders, and What Landry’s Means for Press Statements.
Thursday evening’s Networking Reception and Friday afternoon’s traditional Luncheon with the Judiciary.

Following the conference, attendees will receive a free, on-demand eCourse 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.

Day 1 June 16, 2022
Day 2 June 17, 2022

Time

Credit

Subject

Speaker
Thursday Morning, Jun. 16, 2022
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

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
9:00 am

0.75 hr

Mandamus: A Look Behind the Curtain

A discussion of the Texas Supreme Court’s decision-making process for mandamus petitions and related motions for emergency temporary relief, including ways practitioners can improve their chances of securing the mandamus relief their clients seek when they need it.

Hon. Jane N. Bland, The Supreme Court of Texas - Austin, TX
David M. Gunn, Beck Redden LLP - Houston, TX
Colleen M. Sullivan, The Supreme Court of Texas - Austin, TX
Co-Author:
Nicholas Bruno, Beck Redden LLP - Houston, TX
9:45 am

0.50 hr

Appellate Review of Prior Restraints on Speech

Prior restraints—judicial prohibitions against future speech enforced by contempt—are often considered the quintessential form of unconstitutional government censorship. When can a court grant this extraordinary remedy? Hear a discussion of the legal and evidentiary standards applied by Texas and federal courts when considering applications for prior restraints, with a focus on recent efforts in Texas and elsewhere to use the judicial system to block perceived critical or ‘dangerous’ speech.

Peter D. Kennedy, Graves, Dougherty, Hearon & Moody - Austin, TX
10:15 am

15-Minute Break
10:30 am

0.50 hr

Remote Court Proceedings: Are They Ever Going Away?

Learn how remote proceedings can continue to be useful, including updates from the Supreme Court's remote proceedings task force.

Hon. Emily Miskel, 470th District Court - McKinney, TX
11:00 am

0.50 hr

How Much is Too Much?: Review of the Excessiveness of Damages

When less is more, enough is enough, and you can never have too much.

Jeffrey S. Levinger, Levinger PC - Dallas, TX
Connie H. Pfeiffer, Yetter Coleman LLP - Houston, TX
11:30 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:
Amy Warr, Alexander Dubose & Jefferson LLP - Austin, TX
Panelists:
Hon. Nathan L. Hecht, Supreme Court of Texas - Austin, TX
Hon. Rebeca Huddle, Supreme Court of Texas - Austin, TX
Hon. Evan A. Young, Supreme Court of Texas - Austin, TX
12:15 pm
Austin Only

Pick Up Lunch (in Austin)

Included in registration.
Thursday Afternoon, Jun. 16, 2022
Presiding Officer:
Jane M. N. Webre, Scott Douglass & McConnico LLP - Austin, TX
LUNCHEON PRESENTATION
12:45 pm

0.75 hr
0.50 hr ethics

Get Schooled! Practice and Professional-Identity Lessons from Law School Clinics

Law schools are expanding clinical offerings in which students represent clients pro bono on a wide range of issues. A discussion on how clinical courses train soon-to-be lawyers in real-world contexts with real-world clients, offering real-life lessons on professional responsibility and professional identity that can benefit seasoned practitioners as well. Explore ideas on how clinics can enhance your appellate practice at no cost by, for example, serving as co-counsel, writing amicus briefs, or organizing moots in cases that fall within clinics’ missions.

Lisa R. Eskow, University of Texas School of Law Supreme Court Clinic - Austin, TX
Thomas S. Leatherbury, SMU Dedman School of Law First Amendment Clinic and Vinson & Elkins LLP - Dallas, TX
Lulú Ortiz, Law Clerk for Judge Pitman - Austin, TX
Evan M. Rios, The Supreme Court of Texas - Austin, TX
1:30 pm

15-Minute Break
1:45 pm

0.50 hr

U.S. Supreme Court Update

This year at the Court has been anything but business as usual. Examine a Court in transition as it winds up a blockbuster term.

Daniel L. Geyser, Haynes and Boone, LLP - Denver, CO
2:15 pm

0.50 hr

Preparing for Oral Argument

Hear a practical, step-by-step guide to preparing for appellate arguments, drawing on the best practices of some of Texas’s top appellate practitioners.

Anne M. Johnson, Tillotson Johnson & Patton - Dallas, TX
2:45 pm

0.50 hr
0.25 hr ethics

Error Resurrection

Appellate lawyers often get called into the game late. This presentation provides tips on preserving arguments for appeal that might—at first blush—seem lost.

Hon. Daryl L. Moore, Ahmad Zavitsanos Anaipakos Alavi Mensing, PC - Houston, TX
Kelsi Stayart White, Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. - Houston, TX
3:15 pm

10-Minute Break
3:25 pm

0.50 hr ethics

What Every Attorney Needs to Know About Cybersecurity

Review an attorney’s ethical duty to safeguard client information, then explore how that duty intersects with cyber threats, including ransomware and data breaches. The speakers provide a list of best practices for securing your electronic devices at home and while traveling.

Jennifer S. Freel, Jackson Walker LLP - Austin, TX
Co-Author:
David Springer, Dropbox, Inc. - Austin, TX
3:55 pm

0.75 hr ethics

Ethics “Game Show”

Watch guest “celebrities” match wits in a fast-paced game of “Wait Wait … Don’t Sue Me!”

Moderator:
Elizabeth G. (Heidi) Bloch, Greenberg Traurig, LLP - Austin, TX
Panelists:
Mia Lorick, Locke Lord LLP - Houston, TX
Laurie Ratliff, Laurie Ratliff LLC - Austin, TX
Jane M. N. Webre, Scott Douglass & McConnico LLP - Austin, TX
4:40 pm

Adjourn
Austin Only

Networking Reception (in Austin from 4:40 p.m. – 5:40 p.m.)

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

Time

Credit

Subject

Speaker
Friday Morning, Jun. 17, 2022
Presiding Officer:
Dana Livingston, Cokinos | Young - Austin, TX
7:30 am
Austin Only

Conference Room Opens

Includes continental breakfast.
8:30 am

0.50 hr

Statutory Stays, Rule 29.3 Orders, and Other Short-Term Fixes

When certain interlocutory orders are appealed, trial courts may be powerless to enforce injunctive relief and prevent mischief; but appellate courts can come to the rescue. Explore how practitioners can obtain favorable temporary orders from appellate courts during interlocutory appeals.

David J. Campbell, O'Hanlon, Demerath & Castillo, PC - Austin, TX
9:00 am

0.50 hr
0.25 hr ethics

Remedy: Remand, Render, or Retreat?

A win is only as good as the remedy. Explore best practices, limits on requesting and affording relief, and the law of remedy from the perspective of both practitioners and courts.

Hon. Sarah Beth Landau, First Court of Appeals of Texas - Houston, TX
Amanda G. Taylor, Butler Snow LLP - Austin, TX
9:30 am

0.50 hr ethics

Emergency Toolkit for Grievances and Sanctions Orders

No lawyer expects to be the recipient of a grievance or an order to pay sanctions. Consider this program as your emergency toolkit to help you not only survive but thrive while handling these situations both efficiently and effectively.

Scott Rothenberg, Law Office of Scott Rothenberg - Bellaire, TX
10:00 am

15-Minute Break
10:15 am

0.50 hr ethics

What Landry’s Means for Press Statements

Last year, the Texas Supreme Court held that an attorney’s statements to the press are not immune from defamation claims. Now, what’s an attorney to say, and what legal protections remain?

Marc Fuller, Jackson Walker LLP - Dallas, TX
10:45 am

0.50 hr

Permissive Appeals in the Wake of Sabre Travel

In 2019, the Texas Supreme Court strongly encouraged courts of appeals to exercise their discretion to accept certified permissive interlocutory appeals when the statutory requirements have been met. How has this guidance affected courts' approaches to petitions for permission to appeal?

Richard B. Phillips Jr., Holland & Knight LLP - Dallas, TX
11:15 am

0.75 hr

Texas Supreme Court Update

Explore recent opinions issued by the Court in the current term.

Kurt Kuhn, Kuhn Hobbs PLLC - Austin, TX
Materials By:
Hon. Jeff Boyd, Supreme Court of Texas - Austin, TX
12:00 pm
Austin Only

30-Minute Break (in Austin)
Friday Afternoon, Jun. 17, 2022
Presiding Officer:
Leslie Sara Hyman, Pulman, Cappuccio & Pullen, LLP - San Antonio, TX
12:30 pm
Austin Only

Optional Luncheon with the Judiciary (in Austin)

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 ($50 additional charge).
1:15 pm
Austin Only

Return to General Session (in Austin)
1:30 pm

0.50 hr

Arbitration Update

Overview of recent state and federal appellate court decisions on hot topic issues like arbitrability, mandatory arbitration clauses, grounds for vacatur, and federal question jurisdiction under the FAA.

Marla Diane Broaddus, Enoch Kever PLLC - Austin, TX
Michael S. Truesdale, Enoch Kever PLLC - Austin, TX
Co-Author:
Zach Horton, Enoch Kever PLLC - Austin, TX
2:00 pm

0.50 hr

U.S. Fifth Circuit Update

This presentation covers 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
2:30 pm

0.50 hr

Doctrine in Crisis: Stare Decisis

No clear framework exists for determining when the Supreme Court should overturn a case it wrongly decided or when a Fifth Circuit panel can ignore an earlier panel decision. This muddle not only creates challenges for attorneys arguing a prior decision is not controlling, but also poses problems for the rule of law. Explore recent decisions grappling with stare decisis principles and discuss the ethical and practical considerations at play for appellate advocates.

Jessica Asbridge, Baylor Law School - Waco, TX
3:00 pm

0.50 hr

What does the SCOTUS Shadow Docket Mean for Appellate Practitioners (and the country)?

Over the past year, we’ve seen increased attention to the Supreme Court’s “shadow docket” not only from practitioners, scholars, and the media, but from the Justices themselves—including growing accusations from a minority of the Justices that the majority is abusing the Court’s procedural orders to effect substantive changes in the law, and growing complaints from the majority about what Justice Kavanaugh called the “worn-out rhetoric” concerning the shadow docket. This session will ask what practitioners ought to make of these developments—and what they mean not only for appellate litigation in state and federal courts, but for the legal system writ large?

Stephen Vladeck, The University of Texas School of Law - Austin, TX
3:30 pm

Adjourn

Day 1 June 16, 2022
Day 2 June 17, 2022

Download Schedule

Conference Faculty

Jessica Asbridge

Baylor Law School
Waco, TX

Hon. Jane N. Bland

The Supreme Court of Texas
Austin, TX

Elizabeth G. (Heidi) Bloch

Greenberg Traurig, LLP
Austin, TX

Hon. Jeff Boyd

Supreme Court of Texas
Austin, TX

Marla Diane Broaddus

Enoch Kever PLLC
Austin, TX

Nicholas Bruno

Beck Redden LLP
Houston, TX

David J. Campbell

O'Hanlon, Demerath & Castillo, PC
Austin, TX

Don Cruse

Law Office of Don Cruse
Austin, TX

Lisa R. Eskow

University of Texas School of Law Supreme Court Clinic
Austin, TX

Jennifer S. Freel

Jackson Walker LLP
Austin, TX

Marc Fuller

Jackson Walker LLP
Dallas, TX

Daniel L. Geyser

Haynes and Boone, LLP
Denver, CO

David M. Gunn

Beck Redden LLP
Houston, TX

Hon. Nathan L. Hecht

Supreme Court of Texas
Austin, TX

Zach Horton

Enoch Kever PLLC
Austin, TX

Hon. Rebeca Huddle

Supreme Court of Texas
Austin, TX

Anne M. Johnson

Tillotson Johnson & Patton
Dallas, TX

Peter D. Kennedy

Graves, Dougherty, Hearon & Moody
Austin, TX

Kurt Kuhn

Kuhn Hobbs PLLC
Austin, TX

Hon. Sarah Beth Landau

First Court of Appeals of Texas
Houston, TX

Thomas S. Leatherbury

SMU Dedman School of Law First Amendment Clinic and Vinson & Elkins LLP
Dallas, TX

Jeffrey S. Levinger

Levinger PC
Dallas, TX

Mia Lorick

Locke Lord LLP
Houston, TX

Raffi Melkonian

Wright Close & Barger, LLP
Houston, TX

Hon. Emily Miskel

470th District Court
McKinney, TX

Hon. Daryl L. Moore

Ahmad Zavitsanos Anaipakos Alavi Mensing, PC
Houston, TX

Lulú Ortiz

Law Clerk for Judge Pitman
Austin, TX

Connie H. Pfeiffer

Yetter Coleman LLP
Houston, TX

Richard B. Phillips Jr.

Holland & Knight LLP
Dallas, TX

Laurie Ratliff

Laurie Ratliff LLC
Austin, TX

Evan M. Rios

The Supreme Court of Texas
Austin, TX

Scott Rothenberg

Law Office of Scott Rothenberg
Bellaire, TX

David Springer

Dropbox, Inc.
Austin, TX

Colleen M. Sullivan

The Supreme Court of Texas
Austin, TX

Amanda G. Taylor

Butler Snow LLP
Austin, TX

Michael S. Truesdale

Enoch Kever PLLC
Austin, TX

Stephen Vladeck

The University of Texas School of Law
Austin, TX

Amy Warr

Alexander Dubose & Jefferson LLP
Austin, TX

Jane M. N. Webre

Scott Douglass & McConnico LLP
Austin, TX

Kelsi Stayart White

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.
Houston, TX

Hon. Evan A. Young

Supreme Court of Texas
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

Hon. Jane N. Bland

The Supreme Court of Texas
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

Jackson Walker 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

Tillotson Johnson & Patton
Dallas, TX

Kurt Kuhn

Kuhn Hobbs PLLC
Austin, TX

Thomas S. Leatherbury

SMU Dedman School of Law First Amendment Clinic and 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.

Holland & 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

MCLE Credit

Texas – 12.25 hrs | 3.25 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 Monday. 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

California – 12.25 hrs | 3.25 hrs Ethics

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 must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will maintain Attendance Records for four years.

Oklahoma – 15.00 hrs | 4.00 hrs Ethics

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim your credit online in Your Briefcase, and 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.

Pennsylvania – 12.00 hrs | 3.00 hrs Ethics

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. You may also be required to sign-in at the registration desk if you are attending in-person - please see staff onsite for more details. 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 – 12.25 hrs | 3.25 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. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

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 – 15.00 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 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.

MCLE Credit

Texas – 12.25 hrs | 3.25 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Criminal Law, Criminal Appellate Law, Civil Trial Law, Family Law, Personal Injury Trial Law

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 – 12.25 hrs | 3.25 hrs Ethics

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 – 15.00 hrs | 4.00 hrs Ethics

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 – 12.00 hrs | 3.00 hrs Ethics

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 – 12.25 hrs | 3.25 hrs Ethics

Note on Self-Reporting Your Credits in Another State

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

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 – 15.00 hrs

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

Austin – Jun 16-17, 2022 – AT&T Conference Center

Conference Concluded

Live Webcast – Jun 16-17, 2022

Conference Concluded

Buy