Advanced Civil Appellate Practice Course

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1 The Four Seasons Hotel in Austin 28th Annual LIVE Austin September 4-5, 2014 Four Seasons Hotel VIDEO Dallas October 9-10, 2014 Cityplace Events Topic Highlights Texas Supreme Court Update Conflicts Among the Courts of Appeals How Appellate Judges Make Decisions Ethical Issues for the Appellate Specialist Fifth Circuit Practice: Tips and IOPs U.S. Supreme Court Practice: Nuts and Bolts Common Mistakes in Legal Writing: The Good, the Bad, and the Ugly Course Amenities Lunch provided on the first day Thursday evening reception honoring the Judiciary (Austin site only) Complimentary wireless signal in the meeting room Special presentation on preparing for the specialization exam Course materials provided as a PDF download and printed notebook, or receive the PDF download only for a discount! Arrive in Austin a day early to attend the Civil Appellate Practice 101 Course (Separate registration required) MCLE CREDIT HOURS (1.5 ETHICS)

2 TexasBarCLE presents the 28th Annual Cosponsored by the Appellate Section of the State Bar of Texas EARLY CHECK-IN Wednesday from 2:30-4:30 p.m. Register early and save $50! Appellate Section members can save $100! Attorneys licensed 5 years or less attend for half off! live Austin September 4-5, 2014 Four Seasons Hotel Register by August 21 to save! video Dallas October 9-10, 2014 Cityplace Events Register by September 25 to save! Tweet About this Course! #TBCLEcivapp MCLE CREDIT HOURS (1.5 ETHICS) MCLE COURSE NO: Applies to the College of the State Bar of Texas and the Texas Board of Legal Specialization in Civil Appellate Law, Civil Trial Law, Family Law, and Personal Injury Trial Law. Thursday 7 hours (.5 ethics) 8:00 Registration Coffee & Pastries Provided 8:50 Welcoming Remarks Course Director Kent G. Rutter, Houston 9:00 Texas Supreme Court Update.5 hr Hon. Don R. Willett, Austin Justice, Texas Supreme Court Jane M. N. Webre, Austin Scott, Douglass & McConnico 9:30 Defending and Attacking Damages on Appeal.5 hr Hon. Tracy E. Christopher, Houston Justice, Fourteenth Court of Appeals 10:00 Interlocutory Appeals.5 hr Hon. Sharon McCally, Houston Justice, Fourteenth Court of Appeals 10:30 Break 10:45 Court of Appeals Panel: Notice of Appeal Through Briefing.66 hr (.25 ethics) Moderator Kirsten M. Castaneda, Dallas Locke Lord Hon. Gina Benavides, Edinburg Justice, Thirteenth Court of Appeals Hon. Rebeca A. Huddle, Houston Justice, First Court of Appeals Hon. Guadalupe Rivera, El Paso Justice, Eighth Court of Appeals Hon. Jeffrey L. Rose, Austin Justice, Third Court of Appeals 11:25 Conflicts Among the Courts of Appeals: Challenges for Judges and Practitioners.5 hr Hon. Kem Thompson Frost, Houston Chief Justice, Fourteenth Court of Appeals Jeffrey Oldham, Houston Bracewell & Giuliani Cynthia K. Timms, Dallas Locke Lord 11:55 Break - Lunch Served 2 12:15 Lunch Presentation: How Appellate Judges Make Decisions.75 hr Hon. Eva Guzman, Austin Prof. Josh Blackman, Houston South Texas College of Law Prof. Lee Epstein, Los Angeles, CA University of Southern California 1:00 Break 1:15 Is Link Rot Destroying Star Decisis?.33 hr Arturo Torres, Lubbock Texas Tech University 1:35 Statutory Construction.5 hr Scott Rothenberg, Houston Law Offices of Scott Rothenberg 2:05 Common Mistakes in Legal Writing: The Good, the Bad, and the Ugly.5 hr Chad Baruch, Dallas Men s Basketball Coach, Paul Quinn College The Law Office of Chad Baruch 2:35 Supreme Court Panel.75 hr (.25 ethics) Moderator Hon. Scott A. Brister, Austin (ret.) Andrews Kurth Hon. Jeffrey V. Brown, Austin Hon. Paul W. Green, Austin Hon. Debra H. Lehrmann, Austin 3:20 Break 3:35 The Power to Act: Understanding the Trial Court s Plenary Jurisdiction.42 hr Lisa Bowlin Hobbs, Austin Kuhn Hobbs 4:00 Supersedeas Bonds A Texas/ Federal Comparison.42 hr Charles T. Frazier, Jr., Dallas Alexander Dubose Jefferson & Townsend 4:25 Jury Charges.5 hr David E. Keltner, Fort Worth Kelly Hart & Hallman 4:55 Adjourn Section Meeting 5:15 Join us for a Reception honoring the Judiciary, sponsored by the Appellate Section (Austin Only)

3 Friday 5.75 hours (1 ethics) 8:00 Coffee & Pastries Provided 8:25 Announcements 8:30 Default Judgments.5 hr Hon. Gregory T. Perkes, Corpus Christi Justice, Thirteenth Court of Appeals 9:00 Error Preservation: Conversations with the Trial Court and Ramifications in the Court of Appeals.66 hr (.25 ethics) Hon. Michael C. Massengale, Houston Justice, First Court of Appeals Steven K. Hayes, Fort Worth Law Office of Steven K. Hayes 9:40 Developments and Hot Topics In Legal Malpractice.5 hr (.25 ethics) Warren Harris, Houston Bracewell & Giuliani 10:10 Gene Cavin Award Presentation 10:20 Break 10:30 Court of Appeals Panel: Submission Through Rehearing.66 hr Moderator D. Todd Smith, Austin Smith Law Group Hon. Patricia O. Alvarez, San Antonio Justice, Fourth Court of Appeals Hon. J. Brett Busby, Houston Justice, Fourteenth Court of Appeals Hon. David Evans, Dallas Justice, Fifth Court of Appeals Hon. Leanne Johnson, Beaumont Justice, Ninth Court of Appeals 11:10 Summary Judgments.5 hr Hon. David Hittner, Houston U. S. District Judge, United States District Court for the Southern District of Texas Lynne Liberato, Houston 11:40 The Economic Loss Rule Revisited and Reimagined.42 hr Elizabeth G. Heidi Bloch, Austin Husch Blackwell 12:05 Lunch on Your Own - OR - 12:30 Tips for Preparing for the Specialization Exam (presentation time is 30 minutes, no MCLE credit) Kirsten M. Castaneda, Dallas Locke Lord Michael S. Truesdale, Austin Law Office of Michael S. Truesdale, PLLC 1:15 Ethical Issues for the Appellate Specialist.5 hr ethics William J. Chriss, Austin Gravely & Pearson 1:45 Mandamus Update.5 hr Karen Precella, Fort Worth 2:15 The Legal Sufficiency Labyrinth.5 hr Russell S. Post, Houston Beck Redden 2:45 Fifth Circuit Practice: Tips and IOPs.5 hr Dana Livingston, Austin Alexander Dubose Jefferson & Townsend 3:15 U.S. Supreme Court Practice: Nuts and Bolts.33 hr Aaron M. Streett, Houston Baker Botts 3:35 Adjourn Civil Appellate Practice 101 LIVE Austin September 3, 2014 Four Seasons Hotel Attorneys licensed 5 years or less attend for half off! Wednesday 6 hours (.5 ethics) 8:00 Registration Coffee & Pastries Provided 8:25 Welcoming Remarks Course Director Lisa Bowlin Hobbs, Austin Kuhn Hobbs 8:30 Jury Charge.5 hr Daryl L. Moore, Houston Daryl L. Moore, PC 9:00 Standards of Review.5 hr Hon. Adele O. Hedges, Houston Chief Justice, Fourteenth Court of Appeals (ret.) Attorney at Law PLLC 9:30 Federal v. State Comparisons.5 hr William Feldman, Houston Anne McGowan Johnson, Dallas 10:00 Break 10:15 Interlocutory Appeals.5 hr Amanda Garrett Taylor, Austin Martens, Todd & Leonard 10:45 Messing with the Appellant.42 hr Stacy Obenhaus, Dallas Gardere Wynne Sewell 11:10 The Technical Side of Appellate Advocacy.42 hr Richard B. Phillips, Jr., Dallas Thompson & Knight 11:35 Texas Supreme Court Practice and Procedures.5 hr Jennifer Bruch Hogan, Houston Hogan & Hogan 12:05 Lunch on Your Own 1:15 Tips for Helpful and Persuasive Briefs.5 hr (.25 ethics) Robert Dubose, Houston Alexander Dubose Jefferson & Townsend 1:45 Summary Judgment.5 hr David F. Johnson, Fort Worth Winstead 2:15 Mandamus.5 hr (.25 ethics) Susan L. Hays, Austin Law Office of Susan Hays 2:45 Break - Early check-in for the Advanced Course 3 3:00 Post-Trial Motions.5 hr Connie Pfeiffer, Houston Beck Redden 3:30 Error Preservation.5 hr Hon. Jane Bland, Houston Justice, First Court of Appeals 4:00 Preparing for the Board Certification Exam (no MCLE credit) Robert Gilbreath, Dallas Hawkins, Parnell, Thackston & Young Margot Stander, Houston Staff Attorney, First Court of Appeals 4:30 Adjourn Specialization Exam Q&A MCLE CREDIT 6 HOURS (.5 ETHICS) MCLE COURSE NO: Applies to the College of the State Bar of Texas and the Texas Board of Legal Specialization in Civil Appellate Law, Civil Trial Law, Family Law, and Personal Injury Trial Law.

4 fyi TexasBarCLE.com Ways to Save on This Course! Meet the Register By Deadline and Save $50 because early registrations help us ensure that sufficient course books, seating, and refreshments are available. Course materials and seating will be reserved for preregistrants until the start of the first topic. Appellate Section Members Can Save $100 by registering by the Register by date (thereafter, save $50). Not a member? To join, or phone , x1425. Please do not send Section membership payment with your registration fee. Earn Discounts by Registering Five or More from your firm or agency. Contact Firm & Group Sales Manager Laura Angle at or HALF OFF for Attorneys Licensed 5 Years or Less! You read that right! See the registration form. Need Financial Assistance to Attend? TexasBarCLE offers a limited number of scholarships to attend a live course, video replay, archived online class, or webcast, or to subscribe to our Online Library. To apply or to learn more, call Mon-Fri 8am-5pm CT to Sara at , x1490. Please apply at least four weeks prior to the CLE event. Active State and Texas-Area Federal Judges, Administrative Law Judges, Hearing Examiners, and Judge s Staff Attorneys May Attend for Free, Provided: (1) the course directly relates to the judge s tribunal s jurisdiction, (2) the judge is a full-time judge or retired under the judicial retirement system and (3) space is available for all paying registrants. This privilege does not extend to prosecutors, receivers, trustees, other court staff, or persons serving part-time in a judicial capacity. Actual attendance is required to receive course materials. Parking Information is subject to change without notice and is not a guarantee of available space. AUSTIN: Self-parking is available at the Four Seasons for $12 daily (no overnight privileges); Valet parking is $14 daily. DALLAS: Self-parking in the underground Cityplace Events garage is complimentary by picking up a validation ticket from the State Bar staff onsite. If You Need Special Accommodations to Attend, please contact us as soon as possible at , x1748. For Cityplace Events in Dallas, please call us in advance of your arrival so that assisted parking can be arranged for drivers of handicap-designated vehicles. Registered But Can t Attend? Still Earn MCLE Credit and receive course materials by (1) calling , x1574 to transfer your registration to a later presentation or (2) taking the course online later, in which case you ll automatically be sent the course materials. If you wish a refund instead, mail or fax ( ) your request so that we receive it at least one business day before the program. FREE TO OUR REGISTRANTS! Online Videos of the Presentation & PDFs of the Course Materials, will be available to registrants 6-8 weeks after the course. Provide your address when preregistering to be notified when and how these benefits may be accessed. (Note: Presentation lengths may vary from that which was advertised.) There s no extra charge; as a registrant, you re already entitled! Interested in Sponsoring or Exhibiting at This Course or Others? Contact Julie Marshall at or Policy of Impartiality The State Bar of Texas does not endorse political candidates. When a candidate for public office is included in promotion for or participates in a TexasBarCLE event, the State Bar is not taking a position for or against anyone s candidacy. 4 Reserve Your Hotel Room Early Hotel rooms have been blocked at special rates on a space available basis. To make a reservation, contact the hotel and indicate that you will be attending this State Bar of Texas course. LIVE Austin Four Seasons Hotel 98 San Jacinto Boulevard Austin, TX (512) $249/night Deadline: August 2, 2014 Reservations also available at: Corporate Code: STAT0901 VIDEO Dallas Cityplace Events 2711 North Haskell Avenue Dallas, TX (214) No hotel rooms have been blocked for this showing. 101 Course Director Lisa Bowlin Hobbs...Austin Advanced Course Director Kent G. Rutter...Houston Planning Committee Chad Baruch...Dallas Elizabeth G. Heidi Bloch...Austin Hon. J. Brett Busby...Houston Kirsten M. Castaneda...Dallas Hon. Tracy E. Christopher...Houston Robert Dubose...Houston Steven K. Hayes...Fort Worth Susan Hays...Austin Daryl L. Moore...Houston Hon. Gregory T. Perkes...Corpus Christi Karlene Poll...Houston Scott Rothenberg...Houston D. Todd Smith...Austin Cynthia K. Timms...Dallas Appellate Section of the State Bar of Texas Jeffrey S. Levinger...Chair Cynthia K. Timms... Chair-Elect Macey Reasoner Stokes... Vice-Chair Steven K. Hayes... Treasurer Elizabeth G. Heidi Bloch... Immediate Past-Chair TexasBarCLE Planning Team Kandi Botello...Program Planner Jillison Hicks... Program Coordinator Yvette Ramirez...Written Materials Coordinator Mary A. Galarza...Meeting Services Coordinator State Bar of Texas Lisa M. Tatum...President Cindy V. Tisdale... Chair of the Board Trey Apffel... President-Elect Buck Files... Immediate Past President Kristy Blanchard...TYLA President Deborah Bullion...Chair, CLE Committee Gary Nickelson...Chair, Board PDP Committee Michelle E. Hunter...Executive Director Patrick A. Nester... Director, TexasBarCLE

5 Registration Form W A Y S T O R E G I S T E R Online TexasBarCLE.com credit card only Lawyers licensed 5 years or less take HALF OFF each course! Phone , x1574 during business hours credit card only Fax credit card only Mail State Bar of Texas LB# P.O. Box Dallas, TX check or credit card Registering five or more? Laura Angle at for group discount information. Advanced Civil Appellate Practice and Civil Appellate Practice 101 Limited Number of Appellate Section Scholarships Available! The Appellate Section offers a limited number of need-based scholarships concerning the registration fee for this Course. The application deadline is August 1, Details are available by contacting Steve Hayes at Advanced Civil Appellate Practice [5035] 1 2 Austin LIVE, September 4-5, 2014 q Regular Registrant...$745 Take $50 OFF: Register by August 21, 2014 q Licensed 5 years or less, HALF OFF...$372.50* Dallas VIDEO, October 9-10, 2014 q Regular Registrant...$545 Take $50 OFF: Register by September 25, 2014 q Licensed 5 years or less, HALF OFF...$272.50* Course amenities: Coffee and pastries each morning Lunch provided on Thursday Thursday evening reception (Austin site only) Complimentary wireless signal in the meeting room Course materials provided as a PDF download and printed notebook, or receive the PDF download only for a discount! 3 I want my Advanced Course materials format to be: q Hard copy book as well as a PDF download of same (both formats included in registration fee) q PDF download ONLY so I ll take $25 OFF I want my 101 Course materials format to be: q Hard copy book as well as a PDF download of same (both formats included in registration fee) q PDF download ONLY so I ll take $25 OFF I m entitled to 1 or 2 discounts on the Advanced Course: q $50 OFF because I m registering by the Register by date at the left. (If by mail, date of postmark will be determinative.) q $50 OFF because I m a member of the State Bar of Texas Appellate Section OR $25 OFF because (choose 1 box only) I m a member of the q State Bar College q Paralegal Division Civil Appellate Practice 101 [5036] Austin LIVE, September 3, 2014 q Regular Registrant...$245 q Licensed 5 years or less, HALF OFF...$122.50* I may attend complimentary because I am a (see p. 4): q Qualifying judge q Judge s staff attorney *No discounts in section 3 may be taken. 4 I can t attend. Just send course materials. FREE Shipping & Handling q Advanced Course hard copy book $155 (plus tax; see footnote ) q 101 Course hard copy book $85 (plus tax; see footnote ) To order a discounted PDF download of course materials (available 4-6 weeks after the course), search Publications at TexasBarCLE.com. 5 My total is $. I am paying by: q Check (enclosed) payable to the State Bar of Texas for $ q Visa q MasterCard q AMEX q Discover PLEASE PRINT LEGIBLY Account No. Exp. Date Name on card (Please print) Signature State Bar Membership No. Registrant Name Firm Name/Court Address for Bar-Related Mail City/State Zip Phone ( ) Fax ( ) (required for registrant s PDF download option): A confirmation of your registration will be sent to the address you provide. Plus 8.25% sales tax on total. Please include sales tax or attach an exemption certificate. Book orders are filled and shipped 4-6 weeks after the live program. A bill will be sent unless a credit card charge is authorized on this form. For information on audio CDs of course topics, contact our DVD CLE service at , x1575. Mp3 files of topics will be downloadable from TexasBarCLE.com 6-8 weeks after the course. QUESTIONS? , x FD

6 State Bar of Texas P.O. Box Austin, TX th Annual LIVE Austin September Four Seasons Hotel VIDEO Dallas October 9-10, 2014 Cityplace Events NON PROFIT ORG U.S. POSTAGE PAID PERMIT NO AUSTIN, TEXAS STATE BAR OF TEXAS Appellate Section Join the Appellate Section for $25 a year and save $50 discount on tuition for the 2014 Reap these benefits of membership: Receive the insightful The Appellate Advocate, a firstrate quarterly publication packed with articles, editorials, and reports designed to help you stay current on trends in Texas appellate courts. Access a wealth of information through the Section s website, View each Texas appellate court s local rules and docketing statements, past issues of The Appellate Advocate, and a member directory that trial attorneys who are looking for appellate counsel can use to find you. Receive periodic alerts regarding matters of particular interest and concern to Texas appellate attorneys. Take advantage of the opportunity to participate on committees with sitting appellate judges and experienced appellate attorneys, helping to improve our appellate system of civil justice. 6

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