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39th Annual Page Keeton

Civil Litigation Conference

Austin Oct 29-30, 2015 Four Seasons Hotel
Conference Concluded
Live Webcast Oct 29-30, 2015
Conference Concluded
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Overview

Join leading litigators, judges and law professors at the 39th Annual Page Keeton Civil Litigation Conference at the Four Seasons Hotel in downtown Austin. The program provides updates and analysis of important developments in civil litigation practice, with substantive coverage of practice tips, advocacy strategies and important trends. 

  • Hear from Rabia Chaudry of the New America Foundation and the popular podcast Serial as she discusses the danger of biases in the legal system
  • Get the latest updates on the 84th Legislative Session, Texas civil procedure, and insurance law developments
  • Hear first-hand from in-house counsel at Dell Inc., Seton Healthcare Family, Texas Mutual Insurance and AMD about substantive and practical challenges they face in today’s legal landscape
  • Get a Texas Supreme Court Justice's point of view on significant decisions from the past term
  • Learn what's new in early review with an update on Interlocutory Appeals and Mandamus Proceedings
  • Explore the challenges and strategies for persuading Generation X and Millennial Jurors
  • Interact with program faculty and attendees during Thursday afternoon's extended networking break
  • Earn up to 3.25 hours of ethics credit  

  • Buy

Event Schedule

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

  • Day 1 October 29, 2015
  • Day 2 October 30, 2015
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning
    Presiding Officer:
    Lisa Bowlin Hobbs, Kuhn Hobbs PLLC - Austin, TX
  • 8:00 am
    Austin Only
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • 9:00 am
    0.50 hr
    Texas Civil Procedure Update
    Coverage of recent judicial decisions and rules affecting Texas civil practice, including a written comprehensive review of recent case law to use as a handy reference tool for practitioners.
    This presentation has moved to Thursday at 9:30 a.m.

    Elaine Grafton Carlson, South Texas College of Law - Houston, TX
    Co-Author:
    Courtney Taylor Carlson, Jackson Walker L.L.P. - Houston, TX

  • 9:30 am
    0.50 hr
    Legislative Update
    Review of the best and worst of the 84th Texas Legislative Session—and what to expect next.
    This presentation has moved to Thursday at 9:00 a.m.

    David E. Chamberlain, Chamberlain & McHaney - Austin, TX
    Jay Harvey, Winckler & Harvey LLP - Austin, TX

  • 10:00 am
    0.50 hr
    Persuading Visually in Motions and Briefs: How and Why to Use Photos, Charts, and Graphs to Persuade Judges in Written Filings
    A discussion of when and why a picture can persuade judges better than words. Learn tips for how – and how not – to use visual information in motions and briefs.

    Robert B. Dubose, Alexander Dubose Jefferson & Townsend LLP - Houston, TX

  • 10:30 am
    Break

  • 10:45 am
    0.50 hr
    Lessons from Big Cases for Small Cases and Vice Versa
    There are lessons learned in every case. Gain insights from complex litigation matters that you can apply to even your most straightforward case and focus on the lessons from the uncomplicated matters that should not be forgotten in those multi-party, multi-million dollar matters. 
    This presentation has moved to Thursday at 1:45 p.m.

    Erica W. Harris, Susman Godfrey LLP - Houston, TX

  • 11:15 am
    0.50 hr
    Winning Before Trial
    Tips and strategies for getting your client results without the expense of a trial.

    Robert H. Ford, Fogler, Brar, Ford, O'Neil & Gray LLP - Houston, TX

  • 11:45 pm
    Austin Only
    Lunch on Your Own

  • Thursday Afternoon
    Presiding Officer:
    Erica W. Harris, Susman Godfrey LLP - Houston, TX
  • 1:00 pm
    0.75 hr
    FRCP 26 and New Discovery Trends
    Review of new amendments to the Federal Rules.

    David S. Coale, Lynn Tillotson Pinker & Cox, LLP - Dallas, TX
    Hon. Xavier Rodriguez, U.S. District Court, Western District of Texas - San Antonio, TX
    Michael C. Smith, Siebman, Burg, Phillips & Smith, LLP - Marshall, TX

  • 1:45 pm
    0.50 hr ethics
    Conflicts of Interest
    Have you ever had your shield turned into a sword, and then used against you? Explore what most lawyers think is the shield that protects them from discipline because of a conflict of interest: the client’s consent to waive the conflict.
    This presentation has moved to Thursday at 10:45 a.m.

    Randy Johnston, Johnston Tobey, P.C. - Dallas, TX

  • 2:15 pm
    0.50 hr
    What Civil Litigators Need to Know About Parallel Criminal Cases
    Parallel criminal and civil cases arising out of the same event occur with some frequency. Find out how your civil case may be affected by the pendency of a parallel criminal case.

    Quentin Brogdon, Crain Lewis Brogdon, LLP - Dallas, TX

  • 2:45 pm
    0.50 hr
    Supreme Court Update
    Hear a Texas Supreme Court Justice and an appellate litigator provide different points of view on significant decisions from the past term.

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

  • 3:15 pm
    0.50 hr
    Big Data in Litigation
    A look at how the law industry is mining data to improve services and predict outcomes.

    Mary Lou Flynn-Dupart, Jackson Walker L.L.P. - Houston, TX

  • 3:45 pm
    Austin Only
    Networking Break
    Join program faculty and attendees for drinks and hors d'oeuvres.

  • 4:15 pm
    0.75 hr
    Challenges for In-House Counsel 
    Explore some of the substantive and practical challenges that in-house counsel face in today’s legal landscape with a former Texas Supreme Court justice and four in-house lawyers.

    Moderator:
    Hon. Harriet O'Neill, Law Office of Harriet O'Neill, PC - Austin, TX
    Panelists:
    Teresa Burroff, Seton Healthcare Family - Austin, TX
    Mary Barrow Nichols, Texas Mutual Insurance Company - Austin, TX
    Elizabeth Collum Ozmun, AMD - Austin, TX
    Marc E. Vockell, Dell Inc. - Round Rock, TX

  • 5:00 pm
    Adjourn 

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning
    Presiding Officer:
    Erica W. Harris, Susman Godfrey LLP - Houston, TX
  • 7:30 am
    Austin Only
    Conference Room Opens
    Includes continental breakfast.

  • 8:15 am
    0.50 hr
    Insurance Update
    Latest insurance law developments for the general litigator—Stowers claims, deals and turnovers; pleading into coverage and more.
    This presentation has moved to Friday at 12:50 p.m.

    William J. Chriss, Law Office of William J. Chriss, P.C., Of Counsel to Gravely & Pearson, L.L.P. - Corpus Christi, TX

  • 8:45 am
    0.50 hr
    The Fraudulent Transfer Act and Your Business Tort Case 
    Put the Texas Uniform Fraudulent Transfer Act to work for the business litigant to follow the money, or freeze funds and, hopefully, get paid.

    Karen C. Burgess, Richardson + Burgess LLP - Austin, TX

  • 9:15 am
    0.50 hr
    Can You Keep a Secret? Confidentiality Agreements and Trade Secrets in Texas 
    Explore different mechanisms for protecting trade secrets and confidential information, both before and during litigation. 

    Amy Snell, Shipley Snell Montgomery, LLP - Houston, TX

  • 9:45 am
    Break

  • 10:00 am
    0.50 hr
    Medium Claims Court: Strategies and Tactics to Win with the Texas Expedited Action Rules
    Learn strategies and tactics to use the recent amendments to the Texas Rules of Civil Procedure governing monetary claims that do not exceed $100,000 to your client's advantage. These new rules change the entire process from pleading through discovery, trial setting, presentation of witnesses and evidence, and the maximum judgment that may be entered following a verdict.

    Eric Porterfield, UNT Dallas College of Law - Dallas, TX

  • 10:30 am
    0.50 hr
    The Texas Motion to Dismiss: Standards and Strategies
    A relatively new rule of civil procedure created a procedure to dismiss “baseless” causes of action in Texas state court. Hear a Rule 91a case law update, tactics to pursue dismissal under the new rule, and pertinent comparisons with federal pleading and dismissal practice.

    Dustin Benham, Texas Tech University School of Law - Lubbock , TX

  • 11:00 am
    0.50 hr
    Evidence Everywhere: Chances and Challenges of Mobile, Cloud and the Internet of Things
    Mobile devices and cloud sources are rich sources of revealing evidence, but pose unprecedented challenges in electronic discovery. Learn more about the identification and preservation of this crucial electronically stored information (ESI).

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

  • 11:30 am
    Austin Only
    Pick Up Lunch
    Included in registration.

  • Friday Afternoon
  • Luncheon Presentation
  • 11:50 am
    0.75 hr ethics
    The Law is Not Blind: The Danger of Biases in the Legal System
    From the case of Adnan Syed, made popular in the podcast Serial, to DNA testing, to national security law, to civil litigation, cognitive and implicit biases impact and influence every aspect of the judicial system. What can officers of the law, from police to attorneys to judges, do to protect equal application of the law, to ensure that Lady Justice is truly blind?

    Rabia Chaudry, International Security Fellow, New America Foundation - Washington, DC

  • 12:35 pm
    Break

  • 12:50 pm
    0.50 hr ethics
    The Dog Ate My Evidence: Spoliation Under the New Texas Framework 
    How and when to raise spoliation issues, and what results can you expect under the new Texas paradigm.
    This presentation has moved to Friday at 8:15 a.m.

    Hon. Rebecca Simmons, Acelity - San Antonio, TX

  • 1:20 pm
    0.50 hr ethics
    Advertising and Social Media
    Examine the practical and ethical concerns with marketing your practice via social media, including the applicable advertising rules. Also, discuss when statements in a Tweet, Facebook post, or LinkedIn profile go beyond merely providing information and instead are soliciting employment.

    John G. Browning, Passman & Jones - Dallas, TX

  • 1:50 pm
    0.50 hr ethics
    Third-Party Financing of Litigation
    Advantages for lawyers and their clients and ethical considerations.

    Joseph D. Cheavens, Retired Trial Partner Baker Botts L.L.P, Senior Advisor, Burford Capital - Houston, TX

  • 2:20 pm
    Break

  • 2:30 pm
    0.50 hr
    Texas Oil and Gas Litigation Update
    Make note of recent important case decisions and legislation in the oil & gas industry in Texas, including fracking bans and bills, alleged earthquakes from injection wells, deductions from royalty payments, subsurface trespass and more. Learn about possible opportunities for litigation precipitated by recent case decisions and legislation.    

    John F. Sullivan III, K&L Gates LLP - Houston, TX

  • 3:00 pm
    0.50 hr
    What's New in Early Review: An Update on Interlocutory Appeals and Mandamus Proceedings
    A look at the most recent cases in the ever-expanding area of early appellate review.

    Lisa Bowlin Hobbs, Kuhn Hobbs PLLC - Austin, TX

  • 3:30 pm
    0.50 hr
    Challenges and Strategies for Persuading Gen X and Millennial Jurors
    The rapid changes of technology and communication norms for younger jurors require different thinking on how to persuade the younger generation. Crafting language and messages to meet these generational expectations can help how you try your next case.

    Jim M. Perdue Jr., Perdue & Kidd - Houston, TX

  • 4:00 pm
    0.50 hr ethics
    Attorney-Client Privilege vs. Work Product vs. Duty of Confidentiality
    Disentangling three related, and often-confused, doctrines. 

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

  • 4:30 pm
    Adjourn

  • Day 1 October 29, 2015
  • Day 2 October 30, 2015
Download Schedule

Conference Faculty

Craig Ball

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

Dustin Benham

Texas Tech University School of Law
Lubbock , TX

Hon. Jeffrey S. Boyd

The Supreme Court of Texas
Austin, TX

Quentin Brogdon

Crain Lewis Brogdon, LLP
Dallas, TX

John G. Browning

Passman & Jones
Dallas, TX

Karen C. Burgess

Richardson + Burgess LLP
Austin, TX

Teresa Burroff

Seton Healthcare Family
Austin, TX

Courtney Taylor Carlson

Jackson Walker L.L.P.
Houston, TX

Elaine Grafton Carlson

South Texas College of Law
Houston, TX

David E. Chamberlain

Chamberlain & McHaney
Austin, TX

Rabia Chaudry

International Security Fellow, New America Foundation
Washington, DC

Joseph D. Cheavens

Retired Trial Partner Baker Botts L.L.P, Senior Advisor, Burford Capital
Houston, TX

William J. Chriss

Law Office of William J. Chriss, P.C., Of Counsel to Gravely & Pearson, L.L.P.
Corpus Christi, TX

David S. Coale

Lynn Tillotson Pinker & Cox, LLP
Dallas, TX

Robert B. Dubose

Alexander Dubose Jefferson & Townsend LLP
Houston, TX

Mary Lou Flynn-Dupart

Jackson Walker L.L.P.
Houston, TX

Robert H. Ford

Fogler, Brar, Ford, O'Neil & Gray LLP
Houston, TX

Steven Goode

The University of Texas School of Law
Austin, TX

Erica W. Harris

Susman Godfrey LLP
Houston, TX

Jay Harvey

Winckler & Harvey LLP
Austin, TX

Lisa Bowlin Hobbs

Kuhn Hobbs PLLC
Austin, TX

Randy Johnston

Johnston Tobey, P.C.
Dallas, TX

Kurt Kuhn

Kuhn Hobbs PLLC
Austin, TX

Mary Barrow Nichols

Texas Mutual Insurance Company
Austin, TX

Hon. Harriet O'Neill

Law Office of Harriet O'Neill, PC
Austin, TX

Elizabeth Collum Ozmun

AMD
Austin, TX

Jim M. Perdue Jr.

Perdue & Kidd
Houston, TX

Eric Porterfield

UNT Dallas College of Law
Dallas, TX

Hon. Xavier Rodriguez

U.S. District Court, Western District of Texas
San Antonio, TX

Hon. Rebecca Simmons

Acelity
San Antonio, TX

Michael C. Smith

Siebman, Burg, Phillips & Smith, LLP
Marshall, TX

Amy Snell

Shipley Snell Montgomery, LLP
Houston, TX

John F. Sullivan III

K&L Gates LLP
Houston, TX

Marc E. Vockell

Dell Inc.
Round Rock, TX

Planning Committee

Erica W. Harris—Co-Chair

Susman Godfrey LLP
Houston, TX

Lisa Bowlin Hobbs—Co-Chair

Kuhn Hobbs PLLC
Austin, TX

Sofia Adrogué

Gray Reed & McGraw, P.C.
Houston, TX

Craig Ball

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

Karl Bayer

Dispute Resolution Expert
Austin, TX

Dustin Benham

Texas Tech University School of Law
Lubbock , TX

Quentin Brogdon

Crain Lewis Brogdon, LLP
Dallas, TX

Karen C. Burgess

Richardson + Burgess LLP
Austin, TX

Elaine Grafton Carlson

South Texas College of Law
Houston, TX

William J. Chriss

Law Office of William J. Chriss, P.C., Of Counsel to Gravely & Pearson, L.L.P.
Corpus Christi, TX

Steven Goode

The University of Texas School of Law
Austin, TX

Julie Hardin

Reed Smith LLP
Houston, TX

Michael P. Maslanka

FisherBroyles, LLP
Dallas, TX

Philip K. Maxwell

Attorney at Law
Austin, TX

Jim M. Perdue Jr.

Perdue & Kidd
Houston, TX

Hon. Rose Guerra Reyna

206th District Court
Edinburg, TX

Adam T. Schramek

Norton Rose Fulbright
Austin, TX

Gregory J. Smith

The University of Texas School of Law
Austin, TX

Michael C. Smith

Siebman, Burg, Phillips & Smith, LLP
Marshall, TX

Amy Snell

Shipley Snell Montgomery, LLP
Houston, TX

John F. Sullivan III

K&L Gates LLP
Houston, TX

Credit Info

  • Austin
  • Live Webcast
MCLE Credit
Toggle view Texas – 13.25 hrs  |  3.25 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 – 13.25 hrs  |  3.25 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.  
Toggle view Oklahoma – 16.00 hrs  |  4.00 hrs Ethics
You must claim and certify your credit online in Your Briefcase, then you 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.
Other Credit
Toggle view TX Accounting CPE – 15.75 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.
MCLE Credit
Toggle view Texas – 13.25 hrs  |  3.25 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 Completion will be emailed to you upon claiming credit. 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 – 13.25 hrs  |  3.25 hrs Ethics
To claim California MCLE credit, California credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion. 

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.  

MCLE credit is presented based on a 60-minute credit hour.
Toggle view Oklahoma – 16.00 hrs  |  4.00 hrs Ethics
To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion. 

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. 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.
Other Credit
Toggle view TX Accounting CPE – 15.75 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 us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – Oct 29-30, 2015 – Four Seasons Hotel
Conference Concluded
Live Webcast – Oct 29-30, 2015
Conference Concluded
Buy
  • Austin
  • Live Webcast
Individual
Last day for $575.00 Regular pricing: Oct 23, 2015

$625.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $520.00 Regular pricing: Oct 23, 2015

$570.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $460.00 Regular pricing: Oct 23, 2015

$510.00 for registrations received after this time

Last day for cancellation (full refund): Oct 23, 2015

$50 processing fee applied after this date

Last day for cancellation: Oct 26, 2015
Individual
Last day for cancellation (full refund): Oct 23, 2015

$50 processing fee applied after this date

Last day for cancellation: Oct 26, 2015

Venue

speaker

Four Seasons Hotel

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

Accommodations

$255.00 room rate good through September 28, 2015 (subject to availability).

Parking Information

$12 Event Daily; $16 Valet Daily; $32.50 Overnight Self-Parking or Valet.

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