eCourses

Session 01: 2024 Case Law Update Part 1 - A survey of recent Texas cases addressing significant issues (fiduciary duties, piercing the entity veil, and more) in the context of LLCs and partnerships (including limited partnerships and LLPs). Session 02: 2024 Case Law Update Part 2 - Continuation of a survey of recent Texas cases addressing significant issues (fiduciary duties, piercing the entity veil, and more) in the context of LLCs and partnerships (including limited partnerships and LLPs). Session 03: 2024 Secretary of State Update - Learn about filing tips and resources that can make your transactions with the Secretary of State (SOS) easier and more predictable; hear updates on our system modernization program, including an overview of online services available in the new SOS Portal. Session 04: Updates from Delaware - A survey of recent Delaware cases addressing significant issues, including fiduciary duties, elimination of fiduciary duties and contractual interpretation in the context of LLCs and partnerships (including limited partnerships and LLPs). Session 05: S corporations: A Cautionary Tale about Squaring the Circle - A discussion of some of the motivations driving the use of LLCs as S corporations, some of the potential issues and some of the drafting and structuring issues that should be considered if an LLC is taxed as an S corporation.  Session 06: Updated Model LLC Agreements - Review three model agreements tailored for a closely held company, including a discussion of some recent changes in the models as well as decisions that the authors made in drafting the models to help improve your drafting skills and result in better operating agreements. Session 07: Drafting Net Profit Agreements - Net profits agreements are used in transactions where the parties have an interest in sharing in profits but do not want to create or participate in an entity arrangement with the parties involved.  Net profits agreements raise a number of issues which may be as basic as the very definition of what the parties intend to share, as well as the methods of payout, the impact on tax consequences of these arrangements and concerns relating to the unintended partnership. Review the issues lawyers may need to consider with their clients to draft an effective net profits agreement.  Session 08: Provisions Limiting Liability and Duties in Partnership and Company Agreements - This panel will discuss the effectiveness and limitations on provisions of partnership and company agreements which provide for the modification of duties, exoneration from liability and indemnification with respect to claims against managers, members and other employees and agents.   Session 09: Effective Engagement Letters and Other Simple Risk-Management Tools - This ethics CLE presentation will look at engagement letters and how they can be used as a risk management tool. Along they way, the presentation will provide practical tips to help lawyers avoid conflict of interest pitfalls and to assist in controlling client expectations about the scope of the representation. Session 10: Multiparty Representation —Entity Formation - A deep-dive into the knurly problems of multi-party representation of start-up companies, including whether the client is the founder or founders or the company is yet to be formed. The ethical difficulties for the lawyer continue after formation as the company and its founders, directors and officers move beyond formation of the entity into the realm of operations.

Includes: Video Audio Paper Slides No Materials

Session 01: Important Cases in the Prosecution and Defense of UM / UIM Cases - This presentation addresses recent cases impacting UM/UIM cases, as well as strategies and tips for prosecuting and for defending uninsured and under-insured motorist claims and bad faith litigation. Session 02: Low Property Damage Cases - Prosecuting and defending personal injury cases with minor property damage can present challenges. This session discusses the experiences and strategies from the plaintiff and defense perspectives. Session 03: Commercial Vehicle Accidents 101 - Learn about commercial vehicle litigation from the plaintiff and defense perspective. The presentation includes litigation involving tractor-trailers, commercial vehicles, and commercial buses. Session 04: Subrogation and Liens: Medicare, Medicaid and Hospitals - It’s not what they pay, it’s what your client keeps that matters. Session 05: Pre-Suit Negotiation Strategies: Working with your Adjuster - Learn how to ensure you have properly prepared your adjuster, and the insurance company, to get the case settled for your client before mediation or negotiations. Session 06: Recurring Ethics Issues in Car Crash Cases - This session discusses recurring ethics issues in car crash cases affecting attorneys representing plaintiffs and defendants. Session 07: Recent Changes to the Advertising and Solicitation Rules: The Highlights - Comprehensive changes to the Texas Disciplinary Rules governing advertisements and solicitations became effective in 2021. This presentation highlights some of the most notable changes.

Includes: Video Audio Paper Slides

Session 01: Trial Preparation 101 - Stressed in trial prep and at trial? Inevitable? Yes. Manageable? Absolutely. Learn tips and strategies from an experienced plaintiff and defense attorney for developing a case and preparing for trial. Session 02: Discovery: Beyond Bullet Points - A discussion about the discoverability and admissibility of medical records, medical bills, and related data that focuses on the increasing role of “reasonableness” in the determination of what is discoverable and admissible and the added complexity and expense this adds to the litigation process. Session 03: Discovery: Best Practices and A View from the Bench - Practical advice for how to conduct effective, ethical and efficient discovery. Session 04: Overcoming “Bad Facts” A Plaintiff and Defense Perspective - Tips and tricks to deal with low property damage, pre-existing conditions, gaps in treatment, lack of medical bills, DWI, criminal clients, and more at trial. Session 05: ​Anatomy of a Police Report - Police reports are often the beginning of your case, not the end. Session 06: Medical Bills in Car Crash Cases - Whether you’re an experienced trial lawyer or tackling your first car crash case, proving and challenging medical expenses can be daunting. Break down the nuts and bolts of this critical damages element, as well as more advanced strategies and recent case law impacting this ever-evolving area of the law. Session 07: Developing a Winning Deposition Strategy - Discuss the fail-safe tricks to ensure you have a winning strategy at depositions. Session 08: Proving Causation and Sufficiency of Evidence - Ever wonder why great verdicts get reversed and rendered? Don't learn the hard way: we'll show how to meet your burden of proof, present your expert, when to object, and what ipse dixit means!   Session 09: How to Defend a Corporate Representative -  Session 10: Jury Selection: What, Why, and How? - What information are you truly trying to obtain during voir dire, why do you need that information for your specific case, and how are you asking questions to get it? Intentional strategies to help plan your approach to jury selection and execute it. Session 11: Storytelling and Themes - This presentation includes real-world, trial-tested stories and story techniques that have been successfully used all over the country in red, blue, and purple counties for car wreck verdicts big and (relatively) small. Session 12: Overcoming the Problem Witness - Gain techniques to handle the difficult witness—yours or theirs. Session 13: Beating the Expert - Learn how to avoid being intimidated and how to set realistic, attainable goals when you depose the expert.

Includes: Video Audio Paper Slides

If a school loses a special education due process hearing, the parent’s attorney’s fees can potentially cost a school more than $100,000 in federal court. Look at parent’s entitlement to attorney’s fees, methods to reduce the fee amount, and the availability of attorney’s fees to schools that prevail.

Includes: Video Audio Paper Slides

Learn about considerations and challenges unique to charity litigation: the role of the board and executive management in responding to and managing litigation; counsel's difficult role in representing the organization (not the individual officers and directors), a charity's duty to protect bequests in will contests, insurance policy issues, the role of states' attorneys general; and current priorities of attorney general investigations and lawsuits in Texas.

Includes: Audio Paper Slides

Using a recent case, explore the business disparagement claims asserted against a prosthodontist and his dental practice, and the subsequent dismissal of these claims with a Chapter 27 Anti-SLAPP Motion to Dismiss. Stemming from a series of Instagram live videos, Kenneth Wilstead a/k/a “Dr. Kenny Smiles” sued Dr. Ortiz for business disparagement and invasion of privacy. However, using publicly available information, Wilstead’s claims were rebutted by informing the court of a likely and entirely unrelated basis for why Wilstead’s business had declined: his character and practices had been called into question by certain of his current and prospective female patients.

Includes: Video Audio Paper

THIS MONTH: Storytelling and Themes • Gen AI Regulation and Legislation – Federal, State, and Global • Trademarks and Intellectual Property: What Does the General Business Lawyer Need to Know? • Handbooks/Employment Policies • Introduction: Avoiding Burnout

Includes: Video Audio Paper Slides

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (0.75 hr | 0.75 hr ethics) Mum's the Word: Maintaining Client Confidentiality and Dealing with Ethical Challenges while Working from Anywhere and Everywhere (Replay) Working remotely and virtual meetings are here to stay. This presentation provides practical suggestions for structuring engagement letters, addressing conflicts of interest, and safeguarding client communications across all mediums. Braxton Wilks, Winstead PC - Austin, TX   (0.75 hr | 0.75 hr ethics) Serving Two Masters (Replay) Discuss conflicts that arise between “clients,” the tripartite relationship, Tilley and its aftermath, the ethical dilemmas lawyers face, and knowing who you really represent. Gayla Corley, MehaffyWeber, P.C. - San Antonio, TX   (1.00 hr | 1.00 hr ethics) Generative AI: Developments and Ethical Implications (Replay) Harnessing the power of AI to drive new ways of doing business and increasing growth is something all organizations are trying to do. The use of generative AI creates risks to organizations including violation of privacy, inaccurate or false representations, and unethical practices, to name a few. Implementing the right controls and ethics training alongside generative AI is necessary – so where do you start? Brooke A. Hopkins, Alvarez & Marsal - Dallas, TX Emily R. Apte, King & Spalding - Austin, TX Robert Denby, Vinson & Elkins LLP - Houston, TX Daniel Meyers, TransPerfect Legal - Dallas, TX Matt Wernz, Federal Trade Commission - Dallas, TX (0.50 hr | 0.50 hr ethics) Sanctions and Privileges (Replay) Sanctions: How to get them or avoid them. Privileges: How to keep them or lose them. Hon. H. DeWayne "Cooter" Hale, Retired U.S. Bankruptcy Judge - Dallas, TX Trip Nix, Holland & Knight LLP - Austin, TX

Includes: Video Audio Paper Slides

Session 01: Non-Economic Damages, Post-Gregory - In June of 2023, the Texas Supreme Court issued Gregory v. Chohan, a blockbuster new opinion on non-economic damages that raised as many questions as it provided answers. Where do we now stand in the wake of Gregory?  Session 02: Texas Auto Policies - Statutory and case law that impact different coverage under Texas automobile policies.  Session 03: Important Cases in the Prosecution and Defense of UM / UIM Cases Session - This presentation addresses recent cases impacting UM/UIM cases, as well as strategies and tips for prosecuting and for defending uninsured and under-insured motorist claims and bad faith litigation. Session 04: Stowers, Soriano, and Dealing with Policy Limits - Stowers and Soriano are well-recognized cases dealing with the payment of policy limits, but other case authorities have impacted those decisions including in bankruptcy. This presentation addresses Stowers and Soriano principles, recent decisions involving policy limits, and dealing with excess policies in the context of policy limits.

Includes: Video Audio Paper Slides

Session 01: How to Use Your Expert Witness as a Fact Witness and Find Other Valuable Damages Testimony - Get the most out of the plaintiff’s healthcare providers by changing your approach to which ones you use and how you use them. Develop a stronger damages model by getting creative with how you mine the case for witnesses and testimony.   Session 02: Proving Causation and Sufficiency of Evidence - Ever wonder why great verdicts get reversed and rendered? Don't learn the hard way: we'll show how to meet your burden of proof, present your expert, when to object, and what ipse dixit means!   Session 03: How to Defend a Corporate Representative Session 04: Storytelling and Themes - This presentation includes real-world, trial-tested stories and story techniques that have been successfully used for car wreck verdicts big and (relatively) small.

Includes: Video Audio Paper Slides

Learn about commercial vehicle litigation from the plaintiff and defense perspective. The presentation includes litigation involving tractor-trailers, commercial vehicles, and commercial buses.

Includes: Video Audio Paper Slides

THIS MONTH: Interest Rates and the Mortgage Market: What’s Next? • Navigating Sensitive Employment Complaints​ • How to Use Your Expert Witness as a Fact Witness and Find Other Valuable Damages Testimony • Cybersecurity Legal Incident Response Preparedness in Today’s Threat Landscape • My Mind Has A Mind of Its Own: Why Even Good Lawyers Are Lured Into Unethical Behavior by the Way Their Brains Work

Includes: Video Audio Paper Slides

Session 01: Pre-Suit Negotiation Strategies: Working with your Adjuster - Learn how to ensure you have properly prepared your adjuster, and the insurance company, to get the case settled for your client before mediation or negotiations. Session 02: Low Property Damage Cases - Prosecuting and defending personal injury cases with minor property damage can present challenges. This presentation discusses the experiences and strategies from the plaintiff and defense perspectives. Session 03: Anatomy of a Police Report - Police reports are often the beginning of your case, not the end. Session 04: Medical Bills in Car Crash Cases - Whether you’re an experienced trial lawyer or tackling your first car crash case, proving and challenging medical expenses can be daunting. Break down the nuts and bolts of this critical damages element, as well as more advanced strategies and recent case law impacting this ever-evolving area of the law. Session 05: What Happens After the Counter Affidavit? - Pulling back the curtain on the pros and cons of filing and fighting a defense counter affidavit.

Includes: Video Audio Paper Slides

A discussion about conflicts that arise between “clients,” the tripartite relationship, Tilley and its aftermath, the ethical dilemmas lawyers face, and knowing who you really represent.

Includes: Video Audio Paper Slides

It’s not what they pay, it’s what your client keeps that matters.

Includes: Video Audio Paper Slides

Session 1: Intellectual Property: The Essentials of Copyrights and Trademarks for Creatives - Understand the basic copyright and trademark principles and identify where they apply in music, television/film, podcasting, and influencer deals. Session 2: ​Exploring the Expansion of Criminal Antitrust Enforcement and What Recent Criminal Investigations and Trials Tell Us About the Government’s Tools, Tactics, and Targets - Panelists discuss the expansion of criminal antitrust enforcement and recent investigations that delve into the government's tools, tactics and targets. Session 3: Getting the Most Out of Your Mediation: Tips to Maximize Your Mediation Time - Join Scott Baker as he explores ways to help attorneys make the most of a mediation session as well as the mediator’s skills to help their clients resolve disputes. He'll delve into written mediation statements, pre-mediation conferences, joint sessions and opening statements, negotiations, and mediated settlement agreements. Examples, trends, and case law will be discussed and used to provide practical tips and suggestions to attorneys who represent or counsel clients who use mediation to resolve disputes. This presentation is designed to provide useful information to attorneys of all experience levels.

Includes: Video Audio Paper Slides

Session 1: The Duty of Technology Competence - Understand the importance of technology competence for your practice and the ethical obligations to be competent. Explore the current landscape and recent decisions in this area, as well as common problem areas for attorneys. Session 2: Conducting Cost-Effective E-Discovery and the Use of Technology Assisted Review (TAR) - Examine how technology-based processes, specifically technology assisted review (TAR), can be cost-effective and efficient solutions for e-discovery in litigation. This session highlights situations where TAR is often the preferred tool over attorney review and flags times that it is not, and discusses how to address contentious issues that may arise in TAR-related negotiations with opposing counsel.  Session 3: Communication - Attorneys have a duty to keep client communication secure. Get practical tips on conducting communication with the courts or with opposing counsel, as well email filtering and its impacts on communication including filing deadlines, etc. Session 4: Cybersecurity and Protecting Against Cyber Scams - An informative program about the legal standards that govern a compliant cybersecurity program as well as an update about the ethical duty of technology competence that affects all Texas lawyers. Session 5: ChatGPT Ethics - Topic description generated by ChatGPT: Using ChatGPT for legal purposes promises efficient information processing, yet raises ethical concerns including client confidentiality and the risk of providing inaccurate advice. It is paramount that attorneys ensure adequate supervision, maintain professional discretion, and stay vigilant about the tool's limitations to uphold their ethical obligations.

Includes: Video Audio Paper Slides

Session 01: What’s It Going to Take: Settlement Value/Monetizing Your Case - As lawyers return to the courtroom after the pandemic slow down, we are seeing large verdicts being returned by juries. Has that affected the settlement value of employment cases? The late Phil Durst had a very popular presentation as to how lawyers value cases. We will apply the Phil Durst Principles to see how lawyers are valuing cases today.  Session 02: The New Balkans: Non-Compete and Restrictive Covenants Under Siege Yet Still Commonplace - Differences amongst the 50 states regarding non-competes creates uncertainty for 30 million employees. Now, the Federal Trade Commission has proposed a rule to ban non-competes. Discuss these developments and focus on recent Texas cases.  Session 03: Why It's Best to Have a Lawyer on the Other Side: Dealing with Pro Se Plaintiffs and Lawyer-Less Defendants - A discussion of the ethical considerations when dealing with pro se litigants and zealously representing your client.

Includes: Audio Paper Slides

THIS MONTH: When is Ticketing Like Pork Bellies? Current Legislation on Speculative Tickets and Resale Royalties • War Stories, Trial Tips, and Trial Skills Comparison • Key Trends in Private Company Mergers and Acquisitions • Mortgage Concepts for Family Lawyers • Drafting Contracts to Protect Your Company

Includes: Video Audio Paper Slides

THIS MONTH: The Science of Readable Legal Writing • Techniques for Negotiating With Difficult Counterparties  • Election Year Issues: Political Engagement by Nonprofit Organizations • Bank Failures and Banking Distress • ​Safety and Texas Schools: Their Future Depends on What We Do Today • ​Dealing With the Problem of Opposing Counsel

Includes: Video Audio Paper Slides