eConference
2020 eConference on State and Federal Appeals
Contains material from Jun 2020
2020 eConference on State and Federal Appeals
4.51 out of 5 stars
What was the overall quality of the course (presentation, materials, and technical delivery)?
Rate the overall teaching effectiveness and presentation skills of faculty for the course.
How would you rate the value of the materials provided as part of the course?
Actually, pretty good (some excellent)-liked the remote format
Thought the course was effective and enjoyable despite the circumstances. Quite impressed by how well this was pulled off.
Excellent all the way around.
Very good course. On a few subjects the written papers were weak, or the online version seemed to be incomplete - like only the TOC for the paper.
Comments from the 2020 State and Federal Appeals Live Webcast
Very impressed by how smoothly this ran in this format. Good job by all.
About the same as in person.
Really liked the convenience of the zoom presentation.
First live webcast and everything was great.
Two thumbs up! It is great to be able to obtain all legal/CPA credits via webcast.
Technical Questions?
512.475.6700
service@utcle.org
UT Law's Conference on State and Federal Appeals – designed for advanced-level civil appellate practitioners – has earned a reputation as the premier program on appellate practice and procedure in Texas and is a must-attend event for Texas civil appellate practitioners.
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1.
What Are the Odds (Jun 2020)
Pamela Stanton Baron, Don Cruse
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Session 1
—31 mins
What Are the Odds (Jun 2020)
Two jurismetricians provide answers to common questions clients ask about their chances in the Texas Supreme Court.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Pamela Stanton Baron,
Attorney at Law - Austin, TX
Don Cruse,
Law Office of Don Cruse - Austin, TX
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2.
Conference Retrospective: 30 Years Later (Jun 2020)
Michael A. Hatchell, David Keltner
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Session 2
—43 mins
Conference Retrospective: 30 Years Later (Jun 2020)
Two members of the first class of board-certified civil appellate lawyers discuss how the ensuing 30 years have directly and subtly impacted the appellate process—particularly the “Four Pillars of Appellate Review”: preservation, the standard of review, harmful/less error and stare decisis.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Michael A. Hatchell,
Haynes and Boone, LLP - Austin, TX
David Keltner,
Kelly Hart & Hallman LLP - Fort Worth, TX
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3.
Beyond Breach: Recent Developments in Contract Issues (Jun 2020)
Kendyl T. Hanks, Nicole Córdoba
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Session 3
—32 mins
Beyond Breach: Recent Developments in Contract Issues (Jun 2020)
Recent decisions from the Texas Supreme Court concerning contract enforcement adhere to the principle that contract rights in Texas are held sacred and shall be enforced. From contract formation to fraudulent inducement claims, application of that principle is shifting contract-based analysis away from the jury and onto the bench.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Kendyl T. Hanks,
Greenberg Traurig, LLP - Austin, TX
Nicole Córdoba,
Greenberg Traurig, LLP - Austin, TX
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4.
Texas Supreme Court Update (Jun 2020)
Hon. Jeff Boyd, Kurt Kuhn
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Session 4
—45 mins
Texas Supreme Court Update (Jun 2020)
Explore recent opinions issued by the Court in the current term.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Hon. Jeff Boyd,
The Supreme Court of Texas - Austin, TX
Kurt Kuhn,
Kuhn Hobbs PLLC - Austin, TX
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5.
Briefing Beyond the Words (Jun 2020)
Mark Trachtenberg
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Session 5
—31 mins
Briefing Beyond the Words (Jun 2020)
A discussion on how to use visuals to enhance your written advocacy and transform your briefs.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Mark Trachtenberg,
Haynes and Boone, LLP - Houston, TX
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6.
Preparing for and Delivering an Effective Appellate Argument (Jun 2020)
Michael Dreeben
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Session 6
—34 mins
Preparing for and Delivering an Effective Appellate Argument (Jun 2020)
The key to effective appellate argument is preparation, gain insight into the strategic and practical steps to take in the weeks before rising to speak at the podium—and what to do when you get there.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Michael Dreeben,
O’Melveny & Myers LLP - Washington DC
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7.
Standards for Appellate Conduct (Jun 2020)
Kevin Dubose, Charles (Skip) Watson
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Session 7
—30 mins
Standards for Appellate Conduct (Jun 2020)
In 1995, Skip Watson and Kevin Dubose led an effort to draft the Standards for Appellate Conduct. 24 years later, they reflect on the effect the Standards have had on the appellate practice and culture in Texas, and what can be done to revitalize the Standards for today’s appellate bar.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Kevin Dubose,
Alexander Dubose & Jefferson LLP - Houston, TX
Charles (Skip) Watson,
Greenberg Traurig, LLP - Austin, TX
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8.
The Art of the Reply (Jun 2020)
Hon. Gina M. Benavides, Meredith B. Parenti, Hon. Gisela D. Triana
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Paper
(pdf)
1 pgs
Slides
(pdf)
2 pgs
Session 8
—31 mins
The Art of the Reply (Jun 2020)
The reply brief can be a repetitive, tedious exercise that fails to truly engage on the tough issues. Learn how to make your replies helpful and effective.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Hon. Gina M. Benavides,
Thirteenth Court Of Appeals - Edinburg, TX
Meredith B. Parenti,
Parenti Law PLLC - Houston, TX
Hon. Gisela D. Triana,
Third Court of Appeals - Austin, TX
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9.
Working with In-House Counsel: Tips and Traps (Jun 2020)
Nina Cortell, Lisa L. Havens, Tonja De Sloover
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Session 9
—29 mins
Working with In-House Counsel: Tips and Traps (Jun 2020)
Two veteran in-house counsel provide insights and suggestions.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Nina Cortell,
Haynes and Boone, LLP - Dallas, TX
Lisa L. Havens,
Baylor Scott & White Health - Temple, TX
Tonja De Sloover,
Energy Transfer LP - Houston, TX
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10.
Attorney's Fees Update (Jun 2020)
Shelby L. O'Brien
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Session 10
—31 mins
Attorney's Fees Update (Jun 2020)
Examine recent case law governing how to prove up attorney’s fees at trial and keep them on appeal.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Shelby L. O'Brien,
Enoch Kever PLLC - Austin, TX
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11.
Texas Courts Respond to COVID-19 (Jun 2020)
Blake A. Hawthorne, Hon. Emily Miskel, David Slayton
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Session 11
—30 mins
Texas Courts Respond to COVID-19 (Jun 2020)
A discussion of challenges facing the Texas courts during a pandemic and the steps taken to resolve those challenges, both in the trial and appellate courts.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Blake A. Hawthorne,
The Supreme Court of Texas - Austin, TX
Hon. Emily Miskel,
470th District Court, Collin County - McKinney, TX
David Slayton,
Office of Court Administration - Austin, TX
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12.
U.S. Supreme Court Update (Jun 2020)
Jeremy C. Marwell
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Session 12
—30 mins
U.S. Supreme Court Update (Jun 2020)
An overview of major decisions and trends from the Supreme Court’s 2019-2020 term.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Jeremy C. Marwell,
Vinson & Elkins LLP - Washington, DC
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13.
Ethics Game Show (Jun 2020)
Hon. Daryl L. Moore, Jane M. N. Webre
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Session 13
—43 mins
Ethics Game Show (Jun 2020)
Watch ambitious appellate practitioners compete against one another, as they try to answer ethics questions that savvy practitioners ought to know. #WhatWouldPhilSay
Originally presented: Jun 2020 Conference on State and Federal Appeals
Hon. Daryl L. Moore,
333rd District Court - Houston, TX
Jane M. N. Webre,
Scott Douglass & McConnico LLP - Austin, TX
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14.
The Right to Retain Silence? The Enforceability of NDAs After #MeToo (Jun 2020)
Karima Maloney, Samantha J. Jarvis
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Session 14
—31 mins
The Right to Retain Silence? The Enforceability of NDAs After #MeToo (Jun 2020)
The role of nondisclosure agreements in settling sexual misconduct claims has gained widespread media attention following the #MeToo and Time’s Up movements, the 2016 presidential election, the criminal trials of Harvey Weinstein and Bill Cosby, and the ouster of prominent figures such as Bill O’Reilly and Matt Lauer. The use of NDAs—typically used to protect trade secrets and other business confidential data—to shield claims of sexual misconduct from public scrutiny has raised complex legal, ethical, and moral questions, and has stirred a debate over whether courts should enforce these agreements. A focus on the enforceability of such NDAs under Texas law, including the factors courts would examine in deciding whether such contractual provisions violate public policy.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Karima Maloney,
Smyser Kaplan & Veselka, L.L.P. - Houston, TX
Samantha J. Jarvis,
Smyser Kaplan & Veselka, L.L.P. - Houston, TX
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15.
2020 Texas Appellate Judicial Survey (Jun 2020)
Scott Rothenberg, Kent Rutter, Jo Ann Storey
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Session 15
—48 mins
2020 Texas Appellate Judicial Survey (Jun 2020)
The first step in tailoring your clients’ oral and written presentations to the preferences and dislikes of appellate justices is learning what they are. The 2020 Texas Appellate Judicial Survey is a valuable tool to achieve that important objective.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Scott Rothenberg,
Law Offices of Scott Rothenberg - Bellaire, TX
Kent Rutter,
Haynes and Boone, LLP - Houston, TX
Jo Ann Storey,
Jo Ann Storey, P.C. - Houston, TX
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16.
What is Persuasive Authority and When Does it Stop Being Persuasive? (Jun 2020)
William J. Boyce, Robert B. Dubose
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Slides
(pdf)
6 pgs
Session 16
—28 mins
What is Persuasive Authority and When Does it Stop Being Persuasive? (Jun 2020)
What authority do courts find to be “persuasive” even when it’s not binding? And, what happens when the Legislature steps in with statutory directions about authorities the courts can reply upon?
Originally presented: Jun 2020 Conference on State and Federal Appeals
William J. Boyce,
Alexander Dubose & Jefferson LLP - Houston, TX
Robert B. Dubose,
Alexander Dubose & Jefferson LLP - Houston, TX
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17.
Settlement Credits (Jun 2020)
Jacqueline M. Stroh
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Session 17
—31 mins
Settlement Credits (Jun 2020)
How to calculate settlement credits, their effect on prejudgment interest, burden placement in determining the amount to be credited, and recent constitutional challenges.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Jacqueline M. Stroh,
The Law Office Of Jacqueline M. Stroh, P.C. - San Antonio, TX
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18.
Texas Supreme Court Panel (Jun 2020)
David M. Gunn, Hon. Nathan L. Hecht, Hon. J. Brett Busby, Hon. Jane N. Bland
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Session 18
—45 mins
Texas Supreme Court Panel (Jun 2020)
Hear a candid conversation among the Justices about what is new at the Court, the state of the docket, and ways practitioners can improve their chances of obtaining favorable relief for their clients.
Originally presented: Jun 2020 Conference on State and Federal Appeals
David M. Gunn,
Beck Redden LLP - Houston, TX
Hon. Nathan L. Hecht,
The Supreme Court of Texas - Austin, TX
Hon. J. Brett Busby,
The Supreme Court of Texas - Austin, TX
Hon. Jane N. Bland,
The Supreme Court of Texas - Austin, TX
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19.
Why I Lost (Jun 2020)
Sean M. Reagan
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Session 19
—30 mins
Why I Lost (Jun 2020)
Lessons learned from advocacy, case selection, error preservation, and adverse authority.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Sean M. Reagan,
Leyh Payne & Mallia PLLC - Houston, TX
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20.
Unsettled Questions on Advanced Personal Jurisdiction (Jun 2020)
Alex Wilson Albright
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Slides
(pdf)
4 pgs
Session 20
—30 mins
Unsettled Questions on Advanced Personal Jurisdiction (Jun 2020)
The United States Supreme Court issued six personal jurisdiction opinions from 2011 to 2017. What are the open issues after Daimler, Nicastro, and Bristol-Myers?
Originally presented: Jun 2020 Conference on State and Federal Appeals
Alex Wilson Albright,
Alexander Dubose & Jefferson LLP - Austin, TX
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21.
Fifth Circuit Update (Jun 2020)
Raffi Melkonian
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Session 21
—29 mins
Fifth Circuit Update (Jun 2020)
A close look at the most interesting and important cases from the United States Court of Appeals for the Fifth Circuit in the past year.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Raffi Melkonian,
Wright Close & Barger, LLP - Houston, TX
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22.
Appellate Judge's View of Employment Law Cases (Jun 2020)
Hon. Amanda L. Reichek
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Session 22
—29 mins
Appellate Judge's View of Employment Law Cases (Jun 2020)
A mid-level update of employment law opinions from our intermediate courts of appeal.
Originally presented: Jun 2020 Conference on State and Federal Appeals
Hon. Amanda L. Reichek,
Fifth Court of Appeals - Dallas, TX
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23.
Certification by the Circuits (Jun 2020)
Dana Livingston
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Session 23
—30 mins
Certification by the Circuits (Jun 2020)
Has the Fifth Circuit shown a renewed interest in considering certifying state law questions to the Texas Supreme Court? What can other circuits’ approaches teach us about when certification may be appropriate?
Originally presented: Jun 2020 Conference on State and Federal Appeals
Dana Livingston,
Cokinos | Young - Austin, TX