University of Texas School of Law
36th Annual
Page Keeton Civil Litigation Conference
Austin Oct 25-26, 2012 Four Seasons Hotel
Conference Concluded


UT Law CLE

2012 Page Keeton Civil Litigation Conference

Program Features
Join leading commercial litigators, district judges and law professors at the 36th Annual Page Keeton Civil Litigation Conference at the Four Seasons Hotel in Austin.

The 2012 program provides updates and analysis of important developments in civil litigation practice, with substantive coverage of practice tips, advocacy strategies and important trends. Highlights include:
  • The Economic Loss Rule—Ward Farnsworth, Dean of UT Law School, is Reporter for the Restatement (Third) Torts: Liability for Economic Harm

  • Analysis of recent cases affecting Texas civil litigation practice

  • Developments in privilege, motions to dismiss, damages, and Rule 202 pre-suit depositions

  • Tactics and techniques for pleading cases before juries and effective use of technology, website resources and discovery

  • Current issues in liability insurance coverage, especially problems under the Stowers Doctrine

  • Legal malpractice and the effect of tort reform on medical malpractice

  • Cutting edge topics including data mining, personal jurisdiction in the internet age and new emerging business torts

UT Law CLE

2012 Page Keeton Civil Litigation Conference

9/25/18
Schedule

Thursday Morning, Oct. 25, 2012

Presiding Officer:
William J. Chriss, Gravely & Pearson, L.L.P. - Austin, TX

8:00 am
Registration Opens

Includes continental breakfast.

8:50 am
Welcoming Remarks

9:00 am

0.50 hr

Texas Civil Procedure Update: A Look At Recent Decisions and New Rules of Procedure

A focus on recent judicial decisions and recent modifications to the Texas Rules of Civil Procedure. A written comprehensive review of recent case law is included as a handy reference tool for practitioners.

Elaine Grafton Carlson, South Texas College of Law - Houston, TX

9:30 am

0.50 hr

Deposition Strategies

Practical strategies and tips for deciding who should be deposed and how they should be deposed, and what cards to play in depositions and what cards to save for trial.

This session will be presented on Friday at 10:45 a.m.

Quentin Brogdon, The Law Offices of Frank L. Branson, P.C. - Dallas, TX

10:00 am

0.50 hr

Legislative Update: Motions to Dismiss, Expedited Jury Trials and Responsible Third Parties

A discussion of rule changes arising from the last legislative session, including dismissal practice and the trial of cases involving less than $100K in controversy, as well as the profound changes in responsible third-party practice.

David E. Chamberlain, Chamberlain McHaney - Austin, TX
W. Bradley Parker, Parker McDonald Law - Bedford, TX

10:30 am
Break

10:45 am

0.50 hr
0.25 hr ethics

The Scope of the Work Product Doctrine and Attorney-Client Privilege under Texas Law

The different standards and best practices to preserve privilege and overcome privilege assertions in state court versus federal court, including the discoverability of post-accident investigations, when the work product doctrine is triggered, the duty to preserve evidence, the differences between "core" work product and "ordinary" work product, the ordinary course of business and the substantial need/undue hardship exceptions to the work product doctrine, and privilege logs and burdens of proof. Ethical considerations for attorneys when advising their clients on investigations are addressed, as well as information preservation and production, especially in the gray areas.

John F. Sullivan III, Watt Beckworth Thompson Henneman & Sullivan LLP - Houston, TX

11:15 am

0.50 hr
0.25 hr ethics

Pre-Suit Depositions under Rule 202: A Survey of Hot Button Issues

Texas Rule of Civil Procedure 202 allows parties to petition for, and courts to grant, pre-suit depositions. In recent years, this discovery tool is being employed with increasing frequency and is generating substantial litigation. Both litigants and Texas courts are struggling with various issues concerning the application of the Rule, including what types of pre-suit depositions may be taken, what a petitioner must prove to obtain pre-suit depositions and whether document production may also be ordered under Rule 202. A look at Rule 202’s history and a survey of Texas law on hot button Rule 202 issues.     

Sean D. Jordan, Sutherland Asbill & Brennan LLP - Austin, TX

11:45 am

0.50 hr ethics

Texas Legal Malpractice: Where Are We Today?

A review of changes in Texas legal malpractice over the past ten years, and why those changes happened.

Stephen E. McConnico, Scott Douglass & McConnico, L.L.P. - Austin, TX

12:15 pm
Lunch on your Own

Thursday Afternoon, Oct. 25, 2012

Presiding Officer:
Jim M. Perdue Jr., Perdue Kidd & Vickery - Houston, TX

1:30 pm

0.75 hr

Lessons From the Courtroom Trenches

Learn from the expert—trial tactics and courtroom techniques for pleading cases before juries, with a focus on opening statements, closing statements and cross examinations.

Anthony Douglas Drumheller, Rusty Hardin & Assoc - Houston, TX

2:15 pm

0.50 hr

The Economic Loss Rule

Dean Farnsworth is Reporter for the Restatement Third, Torts: Liability for Economic Harm. The first chapter of that project discusses liability for pure economic losses caused by a defendant’s negligence. He explains the Restatement’s handling of this famously confusing area, in particular the line of separation between claims sounding in contract and tort.

Ward Farnsworth, The University of Texas School of Law - Austin, TX

2:45 pm

0.50 hr ethics

Third-Party Arbitration Practice

Forcing third parties to participate in an arbitration proceeding may not be as easy as some lawyers assume. Learn the difference between third-party discovery rights under Texas and federal law and when non-signatories can be compelled to arbitration.

Adam Troy Schramek, Fulbright & Jaworski L.L.P. - Austin, TX

3:15 pm
Break

3:30 pm

0.50 hr

Needles in a Haystack: Tools and Techniques for Searching Large Document Sets

E-discovery is here to stay and tools and techniques exist, with new ones being developed, to help lawyers meet the challenge of finding key information in today's massive electronic productions. A look into the promise of the "Easy Button" with predictive coding, as well as the use of technology tools and simple search methodologies to assist in locating the needles in the haystack.
 

Eric P. Mandel, Zelle Hofmann Voelbel & Mason LLP - Minneapolis, MN

4:00 pm

1.00 hr

Insurance—Show Me the Money!

Too often cases either don’t settle or settle unfavorably because the plaintiff or defense lawyer—or both—don’t know what they should about liability insurance coverage issues. Current issues in liability coverage, especially Stowers problems, are addressed.

Moderator:
William J. Chriss, Gravely & Pearson, L.L.P. - Austin, TX
Panelists:
Timothy Micah Dortch, Cooper & Scully, P.C. - Dallas, TX
Panelists:
Michael W. Huddleston, Shannon, Gracey, Ratliff & Miller LLP - Dallas, TX
Panelists:
Philip K. Maxwell, Attorney at Law - Austin, TX

5:00 pm
Adjourn

Friday Morning, Oct. 26, 2012

Presiding Officer:
Jim M. Perdue Jr., Perdue Kidd & Vickery - Houston, TX

8:00 am
Conference Room Opens

Includes continental breakfast.

8:30 am

0.50 hr

Texas Jury Charge Practice—From the Bar To the Bench and On Appeal

A review of the methods and strategies involved in jury charge preservation and recent cases on jury charge issues.

Hon. Harvey G. Brown Jr., First Court of Appeals - Houston, TX
Melissa Michelle Davis, First Court of Appeals - Houston, TX

9:00 am

0.50 hr

Products Liability Update

An important area for products liability cases has become auto defects in the areas of crashworthiness, defective tires, air bags and seat belts. Hear about the cases that arise, defenses and outcomes of products liability cases concerning autos as well as other consumer products.

John Blaise Gsanger, The Edwards Law Firm LLP - Corpus Christi, TX

9:30 am

0.50 hr

The Admissibility of Electronic Evidence

Learn how to get your electronic evidence into evidence and keep your opponent’s electronic evidence out.

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

10:00 am

0.50 hr

A Refresher and Update on Constructing and Proving Damages

Useful tips on when and how to most effectively present and prove damages, primarily in the commercial context.

Greg F. Hallman, The University of Texas at Austin, McCombs School of Business - Austin, TX
Paul D. Trahan, Fulbright & Jaworski, L.L.P. - Austin, TX

10:30 am
Break

10:45 am

0.50 hr

Top Emerging Issues in Business Torts That Every Lawyer Should Know

Recent Texas Supreme Court cases are used to examine major issues in business torts—fiduciary litigation, whether parties can contract away their own fraud, the application of proximate cause, the impact of arbitration on business torts, forum selection clauses and new changes in the law, a new tort of conversion, and new remedies.

This session will be presented on Thursday at 930 a.m.

Brian Patrick Lauten, Attorney at Law - Dallas, TX

11:15 am

1.00 hr

The Art of Persuasion: Understanding the Role of Evolution, Perception and Memory on How People Make Decisions

Studies from a wide variety of non-legal sciences inform new thoughts on the functioning of the human brain. Trial lawyers can benefit from consideration of insights from neuroscience, sociology and economics in crafting more persuasive and memorable presentations to decision-makers.

Charles Herring Jr., Attorney at Law - Austin, TX
Jim M. Perdue Jr., Perdue Kidd & Vickery - Houston, TX

12:15 pm

0.50 hr

Personal Jurisdiction in the Internet Age

A practical look at the effect global commerce and communications have had on the question of personal jurisdiction in Texas.

Karen C. Burgess, Attorney at Law - Austin, TX

12:45 pm
Pick Up Lunch

Included in conference registration.

Friday Afternoon, Oct. 26, 2012

Presiding Officer:
Quentin Brogdon, The Law Offices of Frank L. Branson, P.C. - Dallas, TX

Luncheon Presentation

1:00 pm

0.50 hr

The Causes and Effects of Texas' Restrictions on Medical Malpractice Lawsuits

Texas adopted extensive restrictions on medical malpractice lawsuits in 2003. Using an enormous dataset of closed claims maintained by the Texas Department of Insurance, academic researchers have studied the causes and effects of this legislation. Was the legislation a response to a crisis of claims, skyrocketing jury verdicts or an exodus of physicians from the state? Did the restrictions discourage claiming, reduce healthcare spending, improve Texans’ access to healthcare or save physicians and hospitals money? The answers may surprise you.

Charles M. Silver, The University of Texas School of Law - Austin, TX

1:30 pm
Break

1:45 pm

0.50 hr

Economic Loss Rule Developments: A Review of Recent Texas Cases

An analysis of recent Texas cases that have addressed aspects of the economic loss rule, including Sharyland Water Supply v. City of Alton and El Paso Marketing v. Wolf Hollow.

James E. Wren, Baylor Law School - Waco, TX

2:15 pm

0.50 hr
0.25 hr ethics

The New Texas Anti-SLAPP Statute: Important Issues in Business Tort Litigation

In 2011, the Legislature passed a law that creates a new dispositive motion and interlocutory appeals in cases involving communications. Learn about the operation and applicability of the law, its legislative history and evidentiary and procedural traps for the practitioner.

Mark C. Walker, Cox Smith Matthews Incorporated - El Paso, TX

2:45 pm

0.50 hr ethics

Hitchhiker's Guide to Fiduciary Duty

Pack your "backpack" with the essentials of fiduciary duty law, including the scope of the duty, shifting burdens of proof, actual damages and equitable recoveries, and case law trends.

Hon. Renee Forinash McElhaney, 73rd Civil District Court - San Antonio, TX

3:15 pm

1.00 hr
0.25 hr ethics

60 Tips in 60 Minutes

An experienced judge, patent prosecutor and trial attorney take turns outlining their fun tips involving civil litigation from plaintiff and defendant perspectives, including effective use of technology, website resources and discovery.

Hon. Sharon Sue McCally, Fourteenth Court of Appeals - Houston, TX
Antony P. Ng, Yudell Isidore Ng Russell PLLC - Austin, TX
Eric Wolf Pinker, Lynn Tillotson Pinker & Cox LLP - Dallas, TX

4:15 pm
Adjourn

UT Law CLE

2012 Page Keeton Civil Litigation Conference

Faculty

Conference Faculty

Quentin Brogdon
The Law Offices of Frank L. Branson, P.C.
Dallas, TX
Hon. Harvey G. Brown Jr.
First Court of Appeals
Houston, TX
Karen C. Burgess
Attorney at Law
Austin, TX
Elaine Grafton Carlson
South Texas College of Law
Houston, TX
David E. Chamberlain
Chamberlain McHaney
Austin, TX
William J. Chriss
Gravely & Pearson, L.L.P.
Austin, TX
Melissa Michelle Davis
First Court of Appeals
Houston, TX
Timothy Micah Dortch
Cooper & Scully, P.C.
Dallas, TX
Anthony Douglas Drumheller
Rusty Hardin & Assoc
Houston, TX
Ward Farnsworth
The University of Texas School of Law
Austin, TX
Steven Goode
The University of Texas School of Law
Austin, TX
John Blaise Gsanger
The Edwards Law Firm LLP
Corpus Christi, TX
Greg F. Hallman
The University of Texas at Austin, McCombs School of Business
Austin, TX
Charles Herring Jr.
Attorney at Law
Austin, TX
Michael W. Huddleston
Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX
Sean D. Jordan
Sutherland Asbill & Brennan LLP
Austin, TX
Brian Patrick Lauten
Attorney at Law
Dallas, TX
Eric P. Mandel
Zelle Hofmann Voelbel & Mason LLP
Minneapolis, MN
Philip K. Maxwell
Attorney at Law
Austin, TX
Hon. Sharon Sue McCally
Fourteenth Court of Appeals
Houston, TX
Stephen E. McConnico
Scott Douglass & McConnico, L.L.P.
Austin, TX
Hon. Renee Forinash McElhaney
73rd Civil District Court
San Antonio, TX
Antony P. Ng
Yudell Isidore Ng Russell PLLC
Austin, TX
W. Bradley Parker
Parker McDonald Law
Bedford, TX
Jim M. Perdue Jr.
Perdue Kidd & Vickery
Houston, TX
Eric Wolf Pinker
Lynn Tillotson Pinker & Cox LLP
Dallas, TX
Adam Troy Schramek
Fulbright & Jaworski L.L.P.
Austin, TX
Charles M. Silver
The University of Texas School of Law
Austin, TX
John F. Sullivan III
Watt Beckworth Thompson Henneman & Sullivan LLP
Houston, TX
Paul D. Trahan
Fulbright & Jaworski, L.L.P.
Austin, TX
Mark C. Walker
Cox Smith Matthews Incorporated
El Paso, TX
James E. Wren
Baylor Law School
Waco, TX

Planning Committee

William J. Chriss—Co-Chair
Gravely & Pearson, L.L.P.
Austin, TX
Thomas H. Cook Jr.—Co-Chair
Zelle Hofmann Voelbel & Mason LLP
Dallas, TX
Jim M. Perdue Jr.—Co-Chair
Perdue Kidd & Vickery
Houston, TX
Quentin Brogdon
The Law Offices of Frank L. Branson, P.C.
Dallas, TX
Karen C. Burgess
Attorney at Law
Austin, TX
Elaine Grafton Carlson
South Texas College of Law
Houston, TX
Rachel Giesber Clingman
Sutherland Asbill & Brennan LLP
Houston, TX
Steven Goode
The University of Texas School of Law
Austin, TX
Philip K. Maxwell
Attorney at Law
Austin, TX
Adam Troy Schramek
Fulbright & Jaworski L.L.P.
Austin, TX
John F. Sullivan III
Watt Beckworth Thompson Henneman & Sullivan LLP
Houston, TX
Kent C. Sullivan
Sutherland Asbill & Brennan LLP
Houston, TX
Mark C. Walker
Cox Smith Matthews Incorporated
El Paso, TX
James E. Wren
Baylor Law School
Waco, TX

UT Law CLE

2012 Page Keeton Civil Litigation Conference

Credit Information

MCLE Credit

Texas
13.25 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil Trial 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
13.25 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.  
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.  

UT Law CLE

2012 Page Keeton Civil Litigation Conference

Key Dates

Austin

  • Last day for Standard Registration early registration: Oct 17, 2012
    Add $50 for registrations received after this time
  • Last day for Green Registration - USB Key ONLY early registration: Oct 17, 2012
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Oct 19, 2012
  • Last day for cancellation (partial refund): Oct 22, 2012
    $50 processing fee applied

UT Law CLE

2012 Page Keeton Civil Litigation Conference

Hotel / Venue

Austin

Four Seasons Hotel

98 San Jacinto Boulevard
Austin, TX 78701-4082
512.685.8100 (reservations)
Map

Accommodations

$245.00 good through Sep 23, 2012

Parking Information

Valet parking is $16 during the day of the event and $32.50 overnight. Limited daily self-parking is available for $14 during the day of the event.

UT Law CLE

2012 Page Keeton Civil Litigation Conference

Sponsors