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33rd Annual

Page Keeton Civil Litigation Conference

Austin Oct 29-30, 2009 Four Seasons Hotel
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Overview

Join leading practitioners and legal experts for discussion of emerging opportunities in litigation, definitive updates on case law, and growing trends in the field. Sessions include effective trial strategies; wrongful foreclosures and related debt collection issues; Anatomy of a Financial Fraud; and Mark Lanier on Litigating Outside of Texas.

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Event Schedule

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

  • Day 1 October 29, 2009
  • Day 2 October 30, 2009
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Oct. 29, 2009
    Presiding Officer:
    Don L. Davis, 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
    0.75 hr
    Follow the Money: Pleading and Pursuing Qui Tam and Whistle Blower Cases
    This topic includes identifying, evaluating and prosecuting claims on behalf of whistle blowers for violations of state and federal law.

    Joel M. Fineberg, Fineberg | Gresham - Dallas, TX

  • 10:15 am
    Break

  • 10:30 am
    0.50 hr
    Evaluating and Litigating Fiduciary Duty Claims
    Evaluating the merits of a potential fiduciary duty claim, overview of applicable case law and procedures, and typical issues that arise in litigating fiduciary duty claims.

    Co-Author:
    Robyn Bigelow Hargrove, Scott Douglas & McConnico, L.L.P. - Austin, TX
    Stephen E. McConnico, Scott Douglass & McConnico, L.L.P. - Austin, TX

  • 11:00 am
    0.75 hr
    0.25 hr ethics
    Effective Trial Strategies: The Story Starts With You
    Cases are almost always won, or lost, by how you approach your client, as well as the story that brought your client to you. This session gives you a seldom used but very effective approach. One that brings power to you as the voice and soul of your client. Its foundations have been developed and taught at the Gerry Spence Trial Lawyer’s College and used by Bob Hilliard for the last 14 years.

    Robert Carl Hilliard, Hilliard Muñoz Guerra L.L.P. - Corpus Christi, TX

  • Thursday Afternoon, Oct. 29, 2009
    Presiding Officer:
    Thomas H. Cook Jr., Dallas, TX
  • 11:45 am
    Lunch On Your Own

  • 1:00 pm
    1.00 hr
    Managing Electronic Discovery in Small Cases: Tools, Tips and Best Practices
    The twin hurdles of ESI volume and complexity loom large in every case. Smaller cases don't get a free pass from meeting e-discovery obligations, but smaller budgets and trial teams demand that counsel learn to do more with less. This session looks at ways to trim the cost of e-discovery using off-the-shelf tools and smarter approaches to get your arms around the volume and complexity of electronic evidence.

    Craig D. Ball, Attorney and Forensic Technologist, Certified Computer Forensic Examiner - Austin, TX

  • 2:00 pm
    0.50 hr ethics
    Lawyer-Client Confidentiality: The Attorney-Client Privilege and Beyond
    Confidentiality issues relating to the attorney-client privilege, work product, and a lawyer’s ethical obligations.

    David E. Keltner, Kelly Hart & Hallman LLP - Fort Worth, TX

  • 2:30 pm
    0.75 hr
    0.50 hr ethics
    Professionalism and Business Development in the Electronic Age
    Law firm client development is all about relationships and word of mouth referrals. Nothing has changed with the advent of technology and social media. It's not about the tools. It's about how you use the tools to engage your target audience and build meaningful relationships.

    Thom Singer, Austin, TX

  • 3:15 pm
    Break

  • 3:30 pm
    0.50 hr
    Knowledge, Understanding, Judgment: The Road to Precision in Legal Writing
    Most litigators spend far more time drafting and responding to briefs and motions than they do trying cases. Cases are often won (or lost) on critical motions and appellate briefs. This session helps you craft those critical arguments with greater precision and clarity. Can an alternative refer to more than two things? What’s the difference between refer and allude? What is the valuable distinction between persuade and convince? How can "only" be the most problematic word in legal writing? Why is it important to maintain the distinction between: unanticipated and unexpected; rebut and refute; connive and contrive; and many other frequently confused and misused words?

    Michael W. Adams, The University of Texas at Austin - Austin, TX

  • Prosecuting and Defending Subprime Securities and Fair Debt Issues

  • 4:00 pm
    0.75 hr
    Anatomy of a Financial Fraud: Madoff, Stanford, and the $100 Billion Shell Game
    This presentation focuses on the methods utilized by Madoff and Stanford in structuring their organizations and promoting their services, and the lack of oversight which allowed the largest financial frauds in U.S. history. Included are discussions of the role of the SEC and its failure to properly time-exercise its authority.

    Stephen F. Malouf, The Law Offices of Stephen F. Malouf, P.C. - Dallas, TX

  • 4:45 pm
    0.50 hr
    Litigation Opportunities in the Downturn: Wrongful Foreclosures
    Wrongful foreclosures and related debt collection issues: how to effectively evaluate and plead cases. Practical considerations in turning bad fortune into potential good fortune for clients, utilizing the DTPA Fair Debt Collection Act and other statutes to capitalize on creditor mistakes.

    Daniel O. Kustoff, Kustoff And Phipps L.L.P. - San Antonio, TX

  • 5:15 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Oct. 30, 2009
    Presiding Officer:
    William J. Chriss, of counsel to Gravely & Pearson, L.L.P. - Austin, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.50 hr
    Maximizing Contractual Damages: The Lessons from Oil and Gas Trial Work
    Learn to use the general and specialized principles of contract law, which dominate Texas oil and gas litigation, to your advantage in oil and gas cases or other commercial cases. Discover contract-based damages, quantify them with precision, and then prepare a damages model that a jury will understand and that weathers potential appeals.

    James Holmes, The Schmidt Firm - Dallas, TX

  • 9:00 am
    0.50 hr
    Expert Witnesses and Damages: How to Get the Most and Spend the Least
    Whether seeking or contesting damages, the damages issue is best addressed early rather than late. The panel discusses thorough but cost-effective discovery for damages, including best practices for disclosures, expert reports, depositions and trial preparation.

    Carmen R. Eggleston, OverMont Consulting, LLC - Houston, TX
    Lee L. Kaplan, Smyser Kaplan & Veselka, L.L.P. - Houston, TX

  • 9:30 am
    0.50 hr
    Reality TV: Video Depositions That Get Real Results
    How to plan a video deposition to obtain key admissions, and how to use trial presentation tools in your video depositions (including examination of deponent websites and recording of dual video/document screens) in order to maximize the impact of the admissions.

    Jason Easter, Williams & Brown, L.L.P. - Waco, TX
    James E. Wren, Baylor Law School - Waco, TX

  • 10:00 am
    Break

  • 10:15 am
    0.50 hr
    Suing and Defending Financial and Legal Professionals
    Such lawsuits are increasingly common.  A practical guide to pleading, pursuing, and defending such cases.

    Coyt Randal Johnston, Johnston Tobey, P.C. - Dallas, TX

  • 10:45 am
    0.75 hr
    Effective Advocacy in Arbitration
    Arbitration: do you know when you should ask for it and what to do if you get it? Concrete instruction on advocacy in arbitration, using actual survey results from arbitrators. Analysis of the ethical issues of your skills versus your client's needs.

    Patrick O. Keel, Mediator-Arbitrator - Austin, TX
    Tracy Walters McCormack, The University of Texas School of Law - Austin, TX

  • 11:30 am
    0.50 hr
    Privacy, Defamation and Business Disparagement
    Litigation opportunities in the age of email, texting and Twittering.

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

  • Friday Afternoon, Oct. 30, 2009
    Presiding Officer:
    James Holmes, The Schmidt Firm - Dallas, TX
  • LUNCHEON PRESENTATION

  • 12:00 pm
    Pick up Box Lunch
    Included in conference registration fee.

  • 12:15 pm
    1.00 hr
    Litigating Outside of Texas: Why, When and How
    What are the opportunities, challenges and pitfalls of Texas lawyers litigating outside of Texas?

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

  • 1:15 pm
    Break

  • 1:30 pm
    0.75 hr ethics
    Engagement Letters
    Blueprints for litigation between you and your client.

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

  • 2:15 pm
    0.50 hr
    Extraordinary Remedies Every Litigator Needs to Know
    When bad things happen to good people, sometimes damages aren't enough. Here is a must-have review of extraordinary remedies for the trial lawyer's trial notebook.

    Mark C. Walker, Brown McCarroll, L.L.P. - El Paso, TX

  • 2:45 pm
    0.50 hr
    Preemption
    Federal preemption after Wyeth v. Levine.

    Claudia Wilson Frost, Pillsbury Winthrop Shaw Pittman LLP - Houston, TX

  • 3:15 pm
    Adjourn

  • Day 1 October 29, 2009
  • Day 2 October 30, 2009
Download Schedule

Conference Faculty

Michael W. Adams

The University of Texas at Austin
Austin, TX

Craig D. Ball

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

William J. Chriss

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

Jason Easter

Williams & Brown, L.L.P.
Waco, TX

Carmen R. Eggleston

OverMont Consulting, LLC
Houston, TX

Joel M. Fineberg

Fineberg | Gresham
Dallas, TX

Claudia Wilson Frost

Pillsbury Winthrop Shaw Pittman LLP
Houston, TX

Hon. Paul W. Green

Supreme Court of Texas
Austin, TX

Robyn Bigelow Hargrove

Scott Douglas & McConnico, L.L.P.
Austin, TX

Robert Carl Hilliard

Hilliard Muñoz Guerra L.L.P.
Corpus Christi, TX

James Holmes

The Schmidt Firm
Dallas, TX

Coyt Randal Johnston

Johnston Tobey, P.C.
Dallas, TX

Lee L. Kaplan

Smyser Kaplan & Veselka, L.L.P.
Houston, TX

Patrick O. Keel

Mediator-Arbitrator
Austin, TX

David E. Keltner

Kelly Hart & Hallman LLP
Fort Worth, TX

Daniel O. Kustoff

Kustoff And Phipps L.L.P.
San Antonio, TX

W. Mark Lanier

The Lanier Law Firm
Houston, TX

Stephen F. Malouf

The Law Offices of Stephen F. Malouf, P.C.
Dallas, TX

Stephen E. McConnico

Scott Douglass & McConnico, L.L.P.
Austin, TX

Tracy Walters McCormack

The University of Texas School of Law
Austin, TX

Thom Singer

Austin, TX

Mark C. Walker

Brown McCarroll, L.L.P.
El Paso, TX

Thomas H. Watkins

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

James E. Wren

Baylor Law School
Waco, TX

Planning Committee

William J. Chriss—Co-Chair

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

Thomas H. Cook Jr.—Co-Chair

Dallas, TX

Craig D. Ball

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

Karl Bayer

Dispute Resolution Expert
Austin, TX

Leslie A. Benitez

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

Walt Bratic

CRA International, Inc.
Houston, TX

Elaine A. Carlson

South Texas College of Law
Houston, TX

Don L. Davis

Austin, TX

Carmen R. Eggleston

OverMont Consulting, LLC
Houston, TX

Michael J. Esposito

The University of Texas School of Law
Austin, TX

David W. Evans

Law Office of Stephen F. Malouf, P.C.
Dallas, TX

Claudia Wilson Frost

Pillsbury Winthrop Shaw Pittman LLP
Houston, TX

Steven Goode

The University of Texas School of Law
Austin, TX

Steven K. Hayes

Law Office of Steven K. Hayes
Fort Worth, TX

Robert Carl Hilliard

Hilliard Muñoz Guerra L.L.P.
Corpus Christi, TX

James Holmes

The Schmidt Firm
Dallas, TX

R. Jo C. Reser

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

Augustin Rivera Jr.

Dunn Weathered Coffey Rivera & Kasperitis
Corpus Christi, TX

John Francis Sullivan III

Watt Beckworth Thompson & Henneman, LLP
Houston, TX

Lana K. Varney

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

Mark C. Walker

Brown McCarroll, L.L.P.
El Paso, TX

James E. Wren

Baylor Law School
Waco, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 12.50 hrs  |  2.00 hrs Ethics
Legal Specialization(s): Civil Appellate Law, 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 – 12.50 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 – 16.00 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 29-30, 2009 – Four Seasons Hotel
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $495.00 Regular pricing: Oct 21, 2009

$545.00 for registrations received after this time

Last day for cancellation (full refund): Oct 23, 2009

$50 processing fee applied after this date

Last day for cancellation: Oct 26, 2009

Venue

speaker

Four Seasons Hotel

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

Accommodations

$240.00 good through Oct 7, 2009

Parking Information

Valet $13 per day non-overnight / $26 Ovenight Valet

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