eConference
2017 Page Keeton Civil Litigation eConference
Contains material from Dec 2017
2017 Page Keeton Civil Litigation eConference
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The program provides updates and analysis of important developments in civil litigation practice, with substantive coverage of practice tips, advocacy strategies, and important trends.
- Updates and Opportunities: civil procedure, 85th Texas Legislature, unlawful animus, Anti-SLAPP, and business torts and damages
- Litigations Skills: opening and closing arguments, demonstrative evidence, difficult witnesses, and voir dire
- Litigation in the Real World: advocacy in a post-truth world, bad facts, arbitration, monitored conversations
- Litigation in a Digital World: e-discovery, social media, and data security
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1.
Texas Civil Procedure Update (Dec 2017)
Courtney Taylor Carlson, Elaine Grafton Carlson
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Session 1
—32 mins
Texas Civil Procedure Update (Dec 2017)
Examine recent judicial decisions affecting Texas litigation practice, including proposed modifications to the Texas Rules of Civil Procedure. Review highlights from the accompanying comprehensive review of recent case law—designed to be a handy reference tool for practitioners.
Originally presented: Nov 2017 Civil Litigation Conference
Courtney Taylor Carlson,
Jackson Walker LLP - Houston, TX
Elaine Grafton Carlson,
South Texas College of Law Houston - Houston, TX
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2.
Texas Legislative Update (Dec 2017)
David E. Chamberlain, Jay Harvey
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Session 2
—30 mins
Texas Legislative Update (Dec 2017)
Get an update on what happened in the 85th Legislative Session, including bills that passed and those that didn’t, and how that may impact your practice.
Originally presented: Nov 2017 Civil Litigation Conference
David E. Chamberlain,
Chamberlain & McHaney - Austin, TX
Jay Harvey,
Winckler & Harvey LLP - Austin, TX
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3.
From Parties to Presidents: Dealing With Decision-Maker Commentary (Dec 2017)
Jason Boulette
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Session 3
—30 mins
From Parties to Presidents: Dealing With Decision-Maker Commentary (Dec 2017)
Explore the use of off-the-job social media statements by decision-makers to demonstrate unlawful animus. Hear an in-depth examination of the legal standards for direct evidence and the stray remark doctrine along with potential strategies for rehabilitating compromised decision-makers.
Originally presented: Nov 2017 Civil Litigation Conference
Jason Boulette,
Boulette Golden & Marin L.L.P. - Austin, TX
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4.
Texas Anti-SLAPP Law and Early Dismissals Updated (Dec 2017)
Mark C. Walker
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Session 4
—30 mins
Texas Anti-SLAPP Law and Early Dismissals Updated (Dec 2017)
Hear the latest updates on the statute that is changing Texas defamation law and turning motion practice into a contest of artful pleading and legal bullying.
Originally presented: Nov 2017 Civil Litigation Conference
Mark C. Walker,
Dickinson Wright PLLC - El Paso, TX
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5.
Business Torts and Damages (Dec 2017)
Karen C. Burgess
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Session 5
—30 mins
Business Torts and Damages (Dec 2017)
Get beyond tortious interference and consider the range of claims available to a business litigant—along with the range of remedies—by examining the latest court opinions covering the role and scope of tort claims in commercial litigation.
Originally presented: Nov 2017 Civil Litigation Conference
Karen C. Burgess,
Richardson + Burgess LLP - Austin, TX
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6.
Recent Condemnation Issues (Dec 2017)
Nicholas P. Laurent, Christopher J. Oddo
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Session 6
—43 mins
Recent Condemnation Issues (Dec 2017)
Compensation in power line and pipeline cases-new thoughts on an old subject, and U.S./Mexico border wall, the past, the present and what may come.
Originally presented: Nov 2017 Civil Litigation Conference
Nicholas P. Laurent,
Barron Adler Clough & Oddo, LLP - Austin, TX
Christopher J. Oddo,
Barron Adler Clough & Oddo, LLP - Austin, TX
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7.
Opening Statements and Closing Arguments—How Far Can You Go? (Dec 2017)
Francisco Guerra IV
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Session 7
—30 mins
Opening Statements and Closing Arguments—How Far Can You Go? (Dec 2017)
In today’s desensitized society, lawyers need to do more to convince juries to identify with their client and deliver a verdict in the client’s favor. Explore how lawyers can teach to all five of the jurors’ senses when using demonstrative evidence, and discuss effective strategies for opening statements and closing arguments—such as violating the Golden Rule and maximizing the use of the laws of primacy and recency—that practitioners can use to maximize the probability of winning the trial.
Originally presented: Nov 2017 Civil Litigation Conference
Francisco Guerra IV,
Watts Guerra - San Antonio, TX
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8.
Demonstrative Evidence: How to Get It Into Evidence, As Well As Into the Jury’s Mind (Dec 2017)
Joshua M. Sandler, Britta Stanton
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Session 8
—46 mins
Demonstrative Evidence: How to Get It Into Evidence, As Well As Into the Jury’s Mind (Dec 2017)
Demonstrative evidence is powerful because it’s the evidence over which you have the most control. It can, however, be tricky to use. Learn how to get it admitted, how to effectively present it to the jury without blowing your budget, and best practices for using it.
Originally presented: Nov 2017 Civil Litigation Conference
Joshua M. Sandler,
Lynn Pinker Cox & Hurst, LLP - Dallas, TX
Britta Stanton,
Lynn Pinker Cox & Hurst, LLP - Dallas, TX
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9.
Preparing Difficult Witnesses for Trial (Dec 2017)
Barry C. Barnett
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Session 9
—31 mins
Preparing Difficult Witnesses for Trial (Dec 2017)
How do you prepare a witness who cannot stop talking, thinks they know everything, is annoyed by every question, or gets easily confused? Learn how to tame the beast for trial.
Originally presented: Nov 2017 Civil Litigation Conference
Barry C. Barnett,
Susman Godfrey LLP - Dallas, TX
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10.
Voir Dire: Striking the Perfect Balance (Dec 2017)
Chari L. Kelly
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Session 10
—30 mins
Voir Dire: Striking the Perfect Balance (Dec 2017)
Voir dire is often a complex balance of trying to convince your potential jurors to believe the theory of your case and like you personally, while simultaneously exposing undesirable jurors. How much time should you devote to the issues that are favorable to you and unfavorable to you? How much should you share about yourself? Review time management strategies and hear practical examples of how to get members of the jury pool to commit to answers, personalize yourself, and more.
Originally presented: Nov 2017 Civil Litigation Conference
Chari L. Kelly,
Travis County District Attorney's Office - Austin, TX
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11.
Ethics Jeopardy (Dec 2017)
Adam T. Schramek
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Session 11
—43 mins
Ethics Jeopardy (Dec 2017)
Have fun while you earn ethics credit with a friendly game of Ethics Jeopardy! Refresh your ethics knowledge with a series of multiple-choice questions and explanations.
Originally presented: Nov 2017 Civil Litigation Conference
Adam T. Schramek,
Norton Rose Fulbright - Austin, TX
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12.
Trial Advocacy in a Post-Truth World (Dec 2017)
Jim M. Perdue Jr.
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Session 12
—47 mins
Trial Advocacy in a Post-Truth World (Dec 2017)
How do jurors search for the truth in a world that accepts “alternative facts” and dismisses that which is disagreeable as “fake news?” Discuss strategies for trial lawyers from jury selection to decision heuristics in relevance to modern communication norms.
Originally presented: Nov 2017 Civil Litigation Conference
Jim M. Perdue Jr.,
Perdue & Kidd - Houston, TX
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13.
Dealing with Bad Facts (Dec 2017)
Quentin Brogdon
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Session 13
—44 mins
Dealing with Bad Facts (Dec 2017)
Every case has bad facts, some to a greater degree. The opponent always has points to make. Filing for a motion in limine is the first line of defense, but if that fails or there is no legitimate argument to exclude the bad evidence, what do you do? Investigate whether it is best to deal with bad facts only after the opponent introduces them, or if it is better to “inoculate” the jury against negative effects by introducing them first in a weakened form.
Originally presented: Nov 2017 Civil Litigation Conference
Quentin Brogdon,
Crain Lewis Brogdon, LLP - Dallas, TX
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14.
Arbitration: What You Can and Can't Do (Dec 2017)
Craig S. Miles
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Session 14
—32 mins
Arbitration: What You Can and Can't Do (Dec 2017)
Cover the creative use of the arbitral process and its limits, including procedural flexibility and fairness, the arbitrator’s discretion in receiving evidence and shaping remedies, and confirming and vacating awards.
Originally presented: Nov 2017 Civil Litigation Conference
Craig S. Miles,
King & Spalding - Houston, TX
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15.
Monitoring and Monitored Conversations (Dec 2017)
Steven Goode, Charles Herring Jr.
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Session 15
—48 mins
Monitoring and Monitored Conversations (Dec 2017)
Examine what counsel can and can’t do to monitor opponents’ communications, and review what counsel needs to do to protect their clients’ communications.
Originally presented: Nov 2017 Civil Litigation Conference
Steven Goode,
The University of Texas School of Law - Austin, TX
Charles Herring Jr.,
Herring & Panzer, L.L.P. - Austin, TX
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16.
View From the Bench (Dec 2017)
Hon. Jeffrey S. Boyd, Lisa Bowlin Hobbs
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Session 16
—43 mins
View From the Bench (Dec 2017)
Hear Justice Boyd's perspective and insight as a Texas Supreme Court Justice.
Originally presented: Nov 2017 Civil Litigation Conference
Hon. Jeffrey S. Boyd,
The Supreme Court of Texas - Austin, TX
Lisa Bowlin Hobbs,
Kuhn Hobbs PLLC - Austin, TX
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17.
Strategic Use of E-Discovery (Dec 2017)
Craig Ball
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Session 17
—47 mins
Strategic Use of E-Discovery (Dec 2017)
Fewer than one out of a hundred cases are tried. Accordingly, discovery strategy is often more vital than trial strategy. Yet, strategic use of e-discovery garners little attention, perhaps because the fundamentals demand so much focus that there is little room for flourishes. If you only know one way of doing things, how do you act strategically? Review methods to deploy e-discovery strategically, mindful of our opponent’s fears, goals, and pain points … as well as our own.
Originally presented: Nov 2017 Civil Litigation Conference
Craig Ball,
The University of Texas School of Law - Austin, TX
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18.
The Ethics of Social Media (Dec 2017)
Elaine Grafton Carlson, John G. Browning, Hon. Gena N. Slaughter
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Session 18
—47 mins
The Ethics of Social Media (Dec 2017)
The world of social media presents a multitude of pitfalls for practitioners and judges alike. Hear from pioneers in the field on how to make the most of social media's advantages without running afoul of applicable disciplinary rules. Discuss cutting edge issues not yet addressed under Texas law and proposed disciplinary rules currently under consideration by the Texas Supreme Court.
Originally presented: Nov 2017 Civil Litigation Conference
Elaine Grafton Carlson,
South Texas College of Law Houston - Houston, TX
John G. Browning,
Passman & Jones - Dallas, TX
Hon. Gena N. Slaughter,
191st District Court - Dallas, TX
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19.
Data Security (Dec 2017)
Elizabeth C. Rogers, Shawn E. Tuma
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Session 19
—43 mins
Data Security (Dec 2017)
Review what that a litigator needs in order to prepare a client for litigation or an investigation by regulators after a data security breach. Takeaways include protocol for preserving the attorney client privilege and evidence before, during and after a breach; cybersecurity liability insurance litigation updates; and creating proof points, including a discussion of cybersecurity best practices and "cybersecurity basics," to effectively minimize damages, fines and penalties.
Originally presented: Nov 2017 Civil Litigation Conference
Elizabeth C. Rogers,
Greenberg Traurig, LLP - Austin, TX
Shawn E. Tuma,
Scheef & Stone, L.L.P. - Frisco, TX