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Specialization Credit Expected for: Civil Trial Law, Consumer and Commercial Law, Personal Injury Trial Law
Conference art

32nd Annual

Page Keeton Civil Litigation Conference

Definitive updates, effective practice strategies and advocacy tools for litigation attorneys
Austin Oct 30-31, 2008 Four Seasons Hotel
Conference Concluded
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Overview

Don't miss one of the most informative and innovative litigation conferences of the year! Join leading practitioners and legal experts while they discuss emerging opportunities in litigation, definitive updates on case law and growing trends in the field. Sessions include effective strategies for growing a practice and adapting practice advocacy skills; the future of trial law; a panel discussion on trade secrets, confidentiality agreements and fiduciary duties of employees; and Mark Lanier on case selection, strategies, and advocacy in today's litigation environment.

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Event Schedule

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

  • Day 1 October 30, 2008
  • Day 2 October 31, 2008
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Oct. 30, 2008
    Presiding Officer:
    Mark L. Kincaid, Kincaid & Horton - Austin, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 9:00 am
    0.50 hr
    Supreme Court Update
    A review of Texas Supreme Court opinions handed down during the past year.

    Hon. Paul W. Green, Supreme Court of Texas - Austin, TX

  • 9:30 am
    1.00 hr
    A Practical Guide to Effective Use of E-Discovery on a Budget
    In smaller cases with smaller budgets, counsel's responsibility to identify, process and produce ESI still looms large. Don't let your client's best case be a legal malpractice action for botched e-discovery! This session addresses practical, productive e-discovery strategies at a scale and cost that lets you meet your digital duties in every matter.

    Craig D. Ball, Attorney and Forensic Technologist, Certified Computer Forensic Examiner - Austin, TX
    Laurie Weiss, Fulbright & Jaworski LLP - San Antonio, TX

  • 10:30 am
    Break

  • 10:45 am
    0.75 hr
    Tools and Tips for the Commercial Litigator: ConTort, DTPA and Cap-Busting
    As the assault on tort claims in Texas continues, it may be past time to reexamine (and update) your tool drawer. This three-part presentation will stimulate creative thinking about approaches to commercial disputes in the current legal climate.

    Richard M. Alderman, University of Houston Law Center - Houston, TX
    Thomas H. Cook Jr., Zelle Hofmann Voelbel & Mason LLP - Dallas, TX
    George Parker Young, Haynes and Boone, LLP - Fort Worth, TX

  • 11:30 am
    0.33 hr
    Arbitration and the Judicial System
    Trends, tips, and the changing relationship between arbitration and the courts.

    Derek Lee Montgomery, Kelly Hart & Hallman LLP - Fort Worth, TX
    Matthew David Stayton, Kelly Hart & Hallman LLP - Fort Worth, TX

  • 11:50 am
    0.50 hr
    Breach of Fiduciary Duty Litigation
    A discussion of key case law developments and practice tips involving fiduciary duty litigation.

    William Sandy Snyder, Sayles Werbner - Dallas, TX

  • Thursday Afternoon, Oct. 30, 2008
    Presiding Officer:
    James Holmes, The Schmidt Firm - Dallas, TX
  • 12:20 pm
    Pick up Box Lunch
    Included in conference registration fee.

  • 12:35 pm
    0.75 hr
    Effective Strategies for Growing and Adapting Your Practice
    Panel discussion of plaintiff's counsel, defendant's counsel, and a nationally known business consultant on developing and growing business in a troubled economy.

    Milton Carey Colia, Kemp Smith P C - El Paso, TX
    David H. Freeman, David Freeman Consulting Group, LLC - Boulder, CO
    Moderator:
    Felicia Harris Kyle, Sutherland Asbill & Brennan, LLP - Houston, TX
    Mark D. Pierce, Slack & Davis, L.L.P. - Austin, TX

  • 1:20 pm
    Break

  • 1:35 pm
    0.50 hr ethics
    Sandbags Against the Tide
    Can you protect yourself against conflicts and malpractice with good engagement letters?

    Thomas H. Watkins, Brown McCarroll, L.L.P. - Austin, TX

  • 2:05 pm
    0.50 hr
    Admissibility of Electronic Evidence
    A guide to the admissibility of web pages, emails, text messages, and digital images.

    Steven Goode, The University of Texas School of Law - Austin, TX

  • 2:35 pm
    0.33 hr
    Presenting Evidence to Win
    Learn how to organize your evidence and present your facts and themes in a way that will stick with the jury.

    Trey Cox, Lynn Tillotson Pinker & Cox, L.L.P. - Dallas, TX

  • 2:55 pm
    0.50 hr
    0.25 hr ethics
    The Noble Lawyer and the Brave New World: How to be Ready for the Trial Practice of the Future
    Trials are becoming rare, while the rate of summary judgments has quadrupled. Arbitration, globalization, and other factors support this trend away from traditional trials and toward summary dispositions. Superimposed on this landscape is tort reform. Bottom line: The "trial lawyer" is dying. But the "complex litigator" is alive and well. These threads and others are brought together in this presentation to paint a picture of the litigator in the year 2010 or 2015, the opportunities and the challenges, ethical, economic and otherwise.

    William J. Chriss, of counsel to Gravely & Pearson, L.L.P. - Austin, TX

  • 3:25 pm
    Break

  • 3:40 pm
    0.33 hr
    The Down and Dirty on the Prompt Payment of Insurance Claims
    What does the prompt pay statute apply to? First party insurance payments; costs of defense of third party claims; anything more? What defenses are there, and is the statute unconstitutional? How does the prompt pay statute relate to statutory bad faith?

    Mark L. Kincaid, Kincaid & Horton - Austin, TX

  • 4:00 pm
    0.50 hr
    Where's the Fire, and What's Burning?
    A guide to the obtaining and avoiding of TROs and injunctions.

    Hon. Martha Hill Jamison, 164th District Court - Houston, TX
    Hon. Randall W. Wilson, 157th District Court - Houston, TX
    Moderator:
    Dulcie Green Wink, The Wink Law Firm - Houston, TX

  • Litigation Involving the Movement of Employees, Trade Secrets, and Confidential Information

  • 4:30 pm
    0.50 hr
    Update on Covenants Not to Compete, Trade Secrets, Confidentiality Agreements and Fiduciary Duties of Employees
    Part one will give a short review and update of case law and issues involving trade secrets and confidentiality and a second update on covenants not to compete.

    Michael James Golden, Boulette & Golden LLP - Austin, TX
    Thomas A. Nesbitt, DeShazo & Nesbitt LLP - Austin, TX

  • 5:00 pm
    0.50 hr
    Panel Discussion: Covenants Not to Compete, Trade Secrets, Confidentiality Agreements and Fiduciary Duties of Employees
    Part two involves a panel discussion highlighting how such issues as well as initial procedural issues play out in practice.

    Michael James Golden, Boulette & Golden LLP - Austin, TX
    Thomas A. Nesbitt, DeShazo & Nesbitt LLP - Austin, TX
    Moderator:
    John Francis Sullivan III, Watt Beckworth Thompson & Henneman, LLP - Houston, TX
    Hon. Emily G. Tobolowsky, 298th District Court - Dallas, TX

  • 5:30 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Oct. 31, 2008
    Presiding Officer:
    Elaine A. Carlson, South Texas College of Law - Houston, TX
  • 8:00 am
    Conference Opens
    Includes continental breakfast.

  • 8:30 am
    0.50 hr
    Finally, Some Direction on Defamation Jury Charges
    Two members of the Pattern Jury Charge Committee review the new, soon to be published Pattern Jury Charges for the torts of defamation and trade disparagement, including a review of the substantive law applicable to both and nuances arising from the constitutional limitations imposed by the Texas and United States Supreme Courts.

    David H. Donaldson Jr., Graves Dougherty Hearon Moody PC - Austin, TX
    Richard G. Munzinger, Scott & Hulse, PC - El Paso, TX

  • 9:00 am
    0.33 hr
    No Evidence Summary Judgment
    A discussion and outline of the latest case law developments on no evidence summary judgment, with practice tips.

    Elaine A. Carlson, South Texas College of Law - Houston, TX

  • 9:20 am
    1.00 hr
    Case Selection, Strategies, Advocacy and Venues in Today’s Litigation Environment
    The current litigation environment at the State and Federal level makes it increasingly difficult to win—and keep—big awards. Hear what’s possible and how do to it from one of the most successful plaintiff’s lawyers in the country.

    W. Mark Lanier, The Lanier Law Firm - Houston, TX

  • 10:20 am
    Break

  • 10:35 am
    0.50 hr ethics
    Prove and Keep Your Attorney's Fees: Revisiting the Always Relevant Topic of How Attorneys Receive Fees Awards from Texas Courts Under Controlling Case Law Precedents
    Recent Texas Supreme Court precedents have changed the landscape for attorney's fees awards. Learn the background law by studying the precedents and how lower courts have grappled with them. Equip yourself for accurately proving and skillfully holding on to your fees awards.

    James Holmes, The Schmidt Firm - Dallas, TX

  • 11:05 am
    0.75 hr ethics
    Attacking and Defending the Attorney-Client Privilege in a Global Electronic World

    Karl Bayer, Dispute Resolution Expert - Austin, TX

  • Preemption Developments Including Products Liability

  • 11:50 am
    0.33 hr
    Part 1: Preemption Generally
    An overview of the current state of preemption: key issues and case law developments.

    Thomas O. McGarity, University of Texas School of Law - Austin, TX

  • 12:10 pm
    0.67 hr
    Part 2: Preemption and Products Liability Update
    Products liability causes of action retain vitality under Texas law, but find out how recent and pending state and federal preemption cases may significantly impact specialized areas of products liability practice.

    Michael R. Klatt, Clark, Thomas & Winters, P.C. - Austin, TX
    Thomas O. McGarity, University of Texas School of Law - Austin, TX
    Lana K. Varney, Fulbright & Jaworski L.L.P. - Austin, TX

  • 12:50 pm
    Adjourn

  • 12:50 pm
    0.00 hr ethics
    Bonus Materials: Comprehensive Texas Civil Procedure Update
    Elaine Carlson, Houston, TX

  • Day 1 October 30, 2008
  • Day 2 October 31, 2008
Download Schedule

Conference Faculty

Richard M. Alderman

University of Houston Law Center
Houston, TX

Craig D. Ball

Attorney and Forensic Technologist, Certified Computer Forensic Examiner
Austin, TX

Karl Bayer

Dispute Resolution Expert
Austin, TX

Elaine A. Carlson

South Texas College of Law
Houston, TX

William J. Chriss

of counsel to Gravely & Pearson, L.L.P.
Austin, TX

Milton Carey Colia

Kemp Smith P C
El Paso, TX

Thomas H. Cook Jr.

Zelle Hofmann Voelbel & Mason LLP
Dallas, TX

Trey Cox

Lynn Tillotson Pinker & Cox, L.L.P.
Dallas, TX

David H. Donaldson Jr.

Graves Dougherty Hearon Moody PC
Austin, TX

David H. Freeman

David Freeman Consulting Group, LLC
Boulder, CO

Michael James Golden

Boulette & Golden LLP
Austin, TX

Steven Goode

The University of Texas School of Law
Austin, TX

Hon. Paul W. Green

Supreme Court of Texas
Austin, TX

James Holmes

The Schmidt Firm
Dallas, TX

Hon. Martha Hill Jamison

164th District Court
Houston, TX

Mark L. Kincaid

Kincaid & Horton
Austin, TX

Michael R. Klatt

Clark, Thomas & Winters, P.C.
Austin, TX

Felicia Harris Kyle

Sutherland Asbill & Brennan, LLP
Houston, TX

W. Mark Lanier

The Lanier Law Firm
Houston, TX

Thomas O. McGarity

University of Texas School of Law
Austin, TX

Derek Lee Montgomery

Kelly Hart & Hallman LLP
Fort Worth, TX

Richard G. Munzinger

Scott & Hulse, PC
El Paso, TX

Thomas A. Nesbitt

DeShazo & Nesbitt LLP
Austin, TX

Mark D. Pierce

Slack & Davis, L.L.P.
Austin, TX

William Sandy Snyder

Sayles Werbner
Dallas, TX

Matthew David Stayton

Kelly Hart & Hallman LLP
Fort Worth, TX

John Francis Sullivan III

Watt Beckworth Thompson & Henneman, LLP
Houston, TX

Hon. Emily G. Tobolowsky

298th District Court
Dallas, TX

Lana K. Varney

Fulbright & Jaworski L.L.P.
Austin, TX

Thomas H. Watkins

Brown McCarroll, L.L.P.
Austin, TX

Laurie Weiss

Fulbright & Jaworski LLP
San Antonio, TX

Hon. Randall W. Wilson

157th District Court
Houston, TX

Dulcie Green Wink

The Wink Law Firm
Houston, TX

George Parker Young

Haynes and Boone, LLP
Fort Worth, TX

Planning Committee

Elaine A. Carlson—Co-Chair

South Texas College of Law
Houston, TX

Philip K. Maxwell—Co-Chair

Attorney at Law
Austin, TX

Karl Bayer

Dispute Resolution Expert
Austin, TX

Leslie A. Benitez

Clark Thomas & Winters
Austin, TX

William J. Chriss

of counsel to Gravely & Pearson, L.L.P.
Austin, TX

Rachel Giesber Clingman

Sutherland LLP
Houston, TX

Thomas H. Cook Jr.

Zelle Hofmann Voelbel & Mason LLP
Dallas, TX

Jeremy L. Doyle

Gibbs & Bruns, L.L.P.
Houston, TX

Michael J. Esposito

The University of Texas School of Law
Austin, TX

Claudia W. Frost

Pillsbury Winthrop Shaw Pittman LLP
Houston, TX

Steven Goode

The University of Texas School of Law
Austin, TX

James Holmes

The Schmidt Firm
Dallas, TX

Hon. Martha Hill Jamison

164th District Court
Houston, TX

Michael R. Klatt

Clark, Thomas & Winters, P.C.
Austin, TX

Craig A. Morgan

Attorney at Law
Austin, TX

Michael K. Oldham

Gibbs & Bruns, L.L.P.
Houston, TX

Rebecca Jo C. Reser

Davidson & Troilo, P.C.
San Antonio, TX

John Francis Sullivan III

Watt Beckworth Thompson & Henneman, LLP
Houston, TX

Hon. Emily G. Tobolowsky

298th District Court
Dallas, TX

Lana K. Varney

Fulbright & Jaworski L.L.P.
Austin, TX

Mark C. Walker

Brown McCarroll, LLP
El Paso, TX

George Parker Young

Haynes and Boone, LLP
Fort Worth, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 11.75 hrs  |  2.00 hrs Ethics
Legal Specialization(s): Civil Trial 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 – 11.75 hrs  |  2.00 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.  
Other Credit
Toggle view TX Accounting CPE – 14.00 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 – Oct 30-31, 2008 – Four Seasons Hotel
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $475.00 Regular pricing: Oct 22, 2008

$525.00 for registrations received after this time

Last day for cancellation (full refund): Oct 24, 2008

$50 processing fee applied after this date

Last day for cancellation: Oct 27, 2008

Venue

speaker

Four Seasons Hotel

98 San Jacinto Boulevard
Austin, TX 78701-4082
512-478-4500 (reservations)
Map

Accommodations

$265.00 good through Oct 3, 2008

Parking Information

Self-parking is NOT available at Four Seasons! We recommend parking at the Convention Center garage at 2nd and Brazos. NOTE: City View rooms are Sold Out. Lake View rooms available at $265 night.

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