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eCourse

Hot Topics in Appellate Law Practice (2020): Attorney’s Fees, Enforceability of NDAs, and Persuasive Authority

Contains material from Jun 2020

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Session 1: Attorney's Fees Update - Examine recent case law governing how to prove up attorney’s fees at trial and keep them on appeal.

Session 2: The Right to Retain Silence? The Enforceability of NDAs After #MeToo - 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.

Session 3: What is Persuasive Authority and When Does it Stop Being Persuasive? - 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?

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 1.50 | 0.25 ethics
  • Credit Info
  • TX, CA
  • Specialization: Civil Appellate Law | Civil Trial Law | Criminal Law | Family Law | Personal Injury Trial Law
  • TX MCLE credit expires: 7/31/2021

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Preview Sessions
Credit

1. Attorney's Fees Update (Jun 2020)

Shelby L. O'Brien

0.50 0.00 0.00 0.50
Preview Materials

Download session materials for offline use

(mp4)
31 mins
(mp3)
31 mins
(pdf)
35 pgs
(pdf)
11 pgs
Session 1 — 31 mins, credit 0.50
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 at: Jun 2020 Conference on State and Federal Appeals

Shelby L. O'Brien, Enoch Kever PLLC - Austin, TX

2. The Right to Retain Silence? The Enforceability of NDAs After #MeToo (Jun 2020)

Karima Maloney, Samantha J. Jarvis

0.50 0.25 0.00 0.50 | 0.25 ethics
Preview Materials

Download session materials for offline use

(mp4)
31 mins
(mp3)
31 mins
(pdf)
23 pgs
(pdf)
9 pgs
Session 2 — 31 mins, credit 0.50 | 0.25 ethics
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 at: 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

3. What is Persuasive Authority and When Does it Stop Being Persuasive? (Jun 2020)

William J. Boyce, Robert B. Dubose

0.50 0.00 0.00 0.50
Preview Materials

Download session materials for offline use

(mp4)
28 mins
(mp3)
28 mins
(pdf)
12 pgs
Slides
(pdf)
6 pgs
Session 3 — 28 mins, credit 0.50
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 at: 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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