October 14 & 15, 2013

Transcription

1 T R EJ UDICIA Y INC. TE X T R TE F OR H AS Õ CEN TEXAS CENTER FOR THE JUDICIARY R EJ UDICIA Y INC. TE X CEN Hyatt Regency Hill Country San Antonio, Texas October 14 & 15, 2013 R TE F OR H AS

2 1210 San Antonio, Suite 800 Phone (512) Toll Free (888) Fax (512) Judge Mark D. Atkinson, Executive Director October 14, 2013 Dear Judge: On behalf of the Texas Center for the Judiciary staff, Curriculum Committee, and our Board of Directors, I would like to take this opportunity to welcome you to the 2013 Civil Justice Conference. We are proud of the educational program that has been planned for you and equally proud of the faculty members who have willingly volunteered their time and expertise to the planning and success of its presentation. Funding for this conference has been provided by a grant from the Court of Criminal Appeals, the Business Law Section of the Texas State Bar, and by the Texas Judicial Foundation, as made possible by Vinson & Elkins, LLP; Andrews & Kurth, LLP; Rusty Hardin & Associates; Haynes & Boone, LLP; Bracewell & Patterson; Baker Botts, LLP; Exxon Mobil; Beck Redden & Secrest. The Texas Center for the Judiciary has a wonderful, dedicated staff ready to assist you and help make this conference a quality educational experience. Please do not hesitate to ask us for assistance. Again, welcome and enjoy your stay in Rockwall! Sincerely, Judge Mark D. Atkinson Executive Director BOARD OF DIRECTORS CHAIR, Hon. Eric Shepperd, Travis County Court at Law No. 2 CHAIR-ELECT, Hon. Randy Clapp, 329 th District Court IMMEDIATE PAST CHAIR, Hon. Linda Chew, 327 th District Court SECRETARY/TREASURER, Hon. Lora Livingston, 261 st District Court PLACE 1, Hon. Lee Gabriel, 2 nd Court of Appeals (2014) PLACE 2, Hon. Bill Boyce, 14 th Court of Appeals (2016) PLACE 3, Hon. Eric Moye, 14 th District Court (2016) PLACE 4, Hon. Robin Darr, 385 th District Court (2015) PLACE 5, Hon. David Sanchez, 444 th District Court (2015) PLACE 6, Hon. Sam Medrano, 409 th District Court (2016) PLACE 7, Hon. Peter Sakai, 225 th District Court (2015) PLACE 8, Hon. Susan Lowery, Fort Bend County Court at Law No. 3 (2014) PLACE 9, Hon. Amanda Putman, Corsicana County Court at Law (2016) PLACE 10, Hon. David Peeples, 4 th Judicial Administrative Region (2014)

3 SCHEDULE & COURSE DESCRIPTIONS ONLINE MATERIALS Course materials are available for download next to the course descriptions. If you have any trouble accessing these materials, please Courtney Gabriele, Program Attorney, at You will have unlimited access to this page after the conference. Additional faculty material presented at the conference will be posted to the site, giving you the most complete collection of material possible. CONFERENCE APP You can download a conference app at the Apple App or Google Play stores by searching Texas Center for the Judiciary. Use your address as your username and the password tcj2013 to log in to the app. You can use the app to view the conference schedule, view course materials, submit evaluations and more. We hope you find that this service enhances your learning, saves you valuable time, and contributes to our mission of Judicial Excellence Through Education. 7:30 a.m. 8:30 a.m. - Breakfast 8:30 a.m. 9:30 a.m. Spoiled and Deluded: Hard Truths About Electronic Search, Plus E-Discovery Tips for Judges Faculty: Mr. Craig Ball Electronic evidence continues to evolve and expand and the only way to keep up is to continue evolving and expanding your understanding of it. Learn more about the tenacity of electronic evidence, the challenges of search, and the technical fundamentals of e-discovery and computer forensics. Discover steps to preserve digital evidence, plus tips that will help guide your e-discovery rulings. 9:30 a.m. 9:45 a.m. Break 9:45 a.m. 10:45 a.m. Oil and Gas Today from 30,000 Feet Faculty: Hon. Rick Strange Justice Rick Strange has over 25 years of experience in oil and gas litigation, with many of those years spent teaching and authoring on the topic. He will provide you with an overview of what oil and gas litigation in Texas looks like today and where it will likely be heading in the future. 10:45 a.m. 11:00 a.m. Break 11:00 a.m. 12:00 noon Advanced Arbitration: Nuances in Arbitration Law Faculty: Ms. Mary O Connor & Mr. Scott Williams Most judges can agree that arbitration law in Texas is straightforward 90 percent of the time. But that last 10 percent can be extremely complex and contentious. This dynamic duo will address the appropriate way to handle those rare and subtle issues that can arise in arbitration disputes. BREAK Oil & Gas Track 1:00 p.m. 2:00 p.m. Are We There Yet the Start and Finish of an Oil & Gas Lease Faculty: Mr. Peter Hosey This session will take you on a journey through the often enduring and complex life of an oil and gas lease. Mr. Hosey will focus his presentation on when an oil and gas lease begins and when it ends, while also explaining what it is and how it works. He will also review relevant case law and statues governing oil and gas leases. 2:15p.m.- 3:15 p.m. Pooling Issues Faculty: Mr. H. Martin Gibson Pooling is the combination of leases to maximize efficient drilling or comply with regulations regarding how much acreage must be attributed to a well. Disputes can occur in many forms and for many reasons and their frequency and magnitude have been magnified by shale drilling. Judges are likely to see these disputes soon, if they haven t already. This session will provide an overview of the types of oil and gas units in Texas, how they are pooled, the differences between compulsory and voluntary pooling, and legal remedies that may be sought in court. 3:30 p.m. 4:30 p.m. Areas of Mutual Interest and Preferential Rights Faculty: Mr. Allen Cummings Learn about the various types of preferential rights that are recognized in Texas, their triggering events, and notice requirements. You will also hear about the legal framework for which claims and defenses are presented in court. monday 14 monday 12 Texas Center for the Judiiciary - Judicial Excellence Through Education

4 All General Sessions Hill Country D Meals Hill Country AB Oil and Gas Track Hill Country E Civil Litigation Hill Country F Bwwusiness Law Track Hill Country G OUT SESSIONS Civil Litigation Track 1:00 p.m. 2:00 p.m. New Rules, Real Change? Dismissal Motions and Expedited Action Rules in Texas Faculty: Mr. Lamont Jefferson The Supreme Court added Rule 169 to the Texas Rules of Civil Procedure in an effort to allow relatively small cases to be resolved more efficiently and cost-effectively. But did the legislation achieve its goal? Have attorneys been utilizing Rule 169? The purpose of this session is to examine what effect Rule 196 has had on courtroom procedures and caseloads, and what you can expect in the future. 2:15p.m.- 3:15 p.m. Litigation with Foreign Law and Foreign Companies Faculty: Mr. Derrick Carson and Ms. Andrea Verney Texas state court judges are routinely confronted with law from non-texas jurisdictions. Such foreign law includes international law and treaties, the laws of other countries, federal law, and the law of other states--in short, any legal authority coming from outside Texas. Mr. Carson will examine issues of service on foreign companies, conflicts of law, the discovery process with foreign law, and enforcement on and by foreign companies in Texas courts. 3:30 p.m. 4:30 p.m. Current Issues in Texas Water Rights Faculty: Ms. Robin Melvin This presentation will familiarize you with the basics of Texas surface water and groundwater rights and with the current issues in these areas. The continuing drought and recent developments in groundwater law have made water law a very hot topic. Business Law Track 1:00 p.m. 2:00 p.m. Fiduciary Litigation Faculty: Mr. Stephen McConnico and Ms. Kennon Wooten Mr. McConnico will provide an overview of recent statutory and case law applicable to fiduciary relationships, general arguments made by parties during a suit for breach, and remedies. 2:15p.m.- 3:15 p.m. Update on Trade Secrets and Covenants Not to Compete Faculty: Mr. Sherrard Butch Hayes and Mr. Chad Pinson The Texas legislature recently passed SB 953, adding the Texas Uniform Trade Secrets Act to the Civil Practices and Remedies Code. Join Butch Hayes and Chad Pinson for a discussion about how this new legislation will impact your courtroom and the significant effects it will have on business disputes. They will also provide an overview of the current law regarding standards and enforceability of covenants not to compete in Texas. 3:30 p.m. 4:30 p.m. Hot Topics in Business Law Faculty: Mr. Jerry Galow As technology and regulations continue to expand, so does the range of issues facing judges in business disputes. Mr. Galow will spend an hour discussing the most prevalent business trends and hot topic issues judges are likely to see in the near future. 7:30 a.m. 8:30 a.m. - Breakfast 8:30 a.m. 9:30 a.m. Sovereign Immunity: Overview and Latest Developments Faculty: Mr. Sean Jordan & Hon. Kent Sullivan The application of sovereign immunity in Texas has been an evolving area of the law in recent years. This session will provide a general primer on the topic and highlight recent developments that have influenced the landscape of litigation in this area. 9:30 a.m. 9:45 a.m. Break 9:45 a.m. 10:45 a.m. U.S. Supreme Court Update Faculty: Mr. Evan Young It s been an especially busy and interesting year for the U.S. Supreme Court. Join Evan Young for a discussion of some of the Court s landmark decisions and what they may mean for your courtroom. 10:45 a.m. 11:00 a.m. Break 11:00 a.m. 12:00 noon Supreme Court of Texas Update Faculty: Hon. William Boyce Justice Bill Boyce will highlight the most important cases decided by the Supreme Court of Texas from August 1, 2012 through July 31, Civil Justice Conference - San Antonio tuesday 15 13

5 DIRECTORY Craig Ball Special Master 3723 Lost Creek Blvd Austin, TX Phone: (512) Bill Boyce Justice 14th Court of Appeals 301 Fannin St, Rm 245 Houston, TX Phone: (713) Derrick Carson Locke Lord, LLP 2800 JP Morgan Chase Tower 600 Travis Houston, TX Phone: (713) Allen Cummings Attorney 1777 NE Loop 410, Ste 600 San Antonio, TX Phone: (888) Jerry Galow Attorney Galow & Smith 1204 Nueces St Phone: (512) Martin Gibson Dentons US LLP 1900 McKinney Ave, Ste 1900 Dallas, TX Phone: (214) Butch Hayes Attorney Weisbart, Springer & Hayes, LLP 212 Lavaca Street, Ste 200 Phone: (512) Peter Hosey Jackson Walker, LLP 112 E Pecan St, Ste 2400 San Antonio, TX Phone: (210) Lemont Jefferson Haynes Boone 112 E Pecan St, Ste 1200 San Antonio, TX Phone: (210) Sean Jordan Sutherland, Asbill & Brennan, LLP 600 Congress Ave Phone: (512) Steve McConnico Attorney Scott, Douglass & McConnico, LLP 600 Congress Ave, Ste 1500 Phone: (512) Robin Melvin Shareholder Graves, Dougherty, Hearon & Moody 401 Congress Ave, Ste 2200 Phone: (512) Mary O Connor Akin, Gump, Strauss, Hauer & Feld, LLP 1700 Pacific Avenue, Ste 4100 Dallas, TX Phone: (214) Chad Pinson Managing Director Stroz Friedberg, LLC 2101 Cedar Springs, Ste 1250 Dallas, TX Phone: (214) Rick Strange Shareholder Cotton, Bledsoe, Tighe & Dawson, PC 500 West Illinios, Ste 300 Midland, TX Phone: (432) Kent C. Sullivan Sutherland, Asbill & Brennan L.L.P Fannin Street, #3700 Houston, Texas Phone: (713) Andrea Verney Associate Locke Lord, L.L.P JPMorgan Chase Tower 600 Travis Houston, Texas Phone: (713) Scott Williams Akin, Gump, Strauss, Hauer & Feld, LLP 1700 Pacific Avenue, Ste 4100 Dallas, TX Phone: (214) Kennon Wooten Attorney Scott, Douglass & McConnico 600 Congress Ave, Ste 1500 Phone: (512) Evan Young Senior Associate Baker Botts, LLP 98 San Jacinto Blvd, Ste 1500 Phone: (512) Texas Center for the Judiiciary - Judicial Excellence Through Education

6 BIOGRAPHIES CRAIG D. BALL Special Master Austin, Texas Craig Ball of Austin is a Board Certified trial lawyer, certified computer forensic examiner, law professor and electronic evidence expert. He limits his practice to serving as a court-appointed special master and consultant in computer forensics and electronic discovery and has served as the Special Master or testifying expert in computer forensics and electronic discovery in some of the most challenging and celebrated cases in the U.S. Mr. Ball pens the award-winning Ball in Your Court column on electronic discovery and computer forensics for Law Technology News. For his articles on e-discovery and computer forensics, please visit or the blog, WILLIAM J. BOYCE Justice, Place 6 Fourteenth Court of Appeals Houston, Texas Justice William Boyce took his public oath of office in December 2007, following his appointment to fill an unexpired term. Before taking the bench, Justice Boyce was in private practice for 18 years, first as a law clerk to the Hon. W. Eugene Davis, US Court of Appeals for the Fifth Circuit in Lafayette, Louisiana ( ); then as associate and partner with Fulbright & Jaworski, LLP in Houston. Justice Boyce was admitted to practice before the Supreme Court of the United States; the US Courts of Appeals for the Fifth, Sixth, Ninth, Tenth, and Eleventh Circuits; and the US District Court of the Southern District of Texas. He graduated from Northwestern University in 1985 with a B.S.J., with highest distinction, and received his J.D., cum laude, in 1988 from Northwestern University School of Law. DERRICK CARSON Locke Lord, LLP Houston, Texas Derrick Carson has fifteen years of experience representing clients in a wide range of international and domestic commercial disputes. Mr. Carson s practice is based primarily in the energy, petrochemical and construction industries, but his experience also includes representing companies in financial services, real estate, manufacturing, and health Civil Justice Conference - San Antonio 2013 care business. He has tried cases as lead counsel to juries and judges and represented clients before domestic and international arbitration tribunals, including proceedings under the AAA, LCIA, LMAA, ICDR, ICC and UNCITRAL rules. Mr. Carson has acted as lead counsel on appeals and has argued cases before the U.S. Court of Appeals for the Fifth Circuit. In addition to his commercial litigation practice, Mr. Carson has an international construction law practice. He has represented owners, developers, contractors and subcontractors in connection with a variety of industrial and commercial projects. His experience includes the entire spectrum of construction disputes, including claims related to construction and design defects, delay, extra work, unanticipated conditions, termination and lien, bond and other payment issues. Mr. Carson also regularly advises clients regarding construction contracting matters and assists with project management. He is currently serving a three-year term on the Executive Committee for the North American Branch of the Chartered Institute of Arbitrators. Mr. Carson earned his J.D., cum laude, from Southern Methodist University and his B.A. from New Mexico State University. ALLEN D. CUMMINGS Attorney Law Office of Allen D. Cummings San Antonio, Texas Allen D. Cummings is a solo practitioner with offices in Houston and San Antonio, Texas. He received his J.D. degree from the Dedman School of Law, Southern Methodist University in Dallas, Texas (1974) and is a member of the Order of the Coif. He concentrates his practice in oil and gas title examination, oil and gas transactions and oil and gas litigation, arbitration and mediation. He has practiced law in the energy area, in both corporate legal departments and in private practice since 1975 and is Board Certified in Oil, Gas & Mineral Law by the Texas Board of Legal Specialization. He was selected as a Texas Super Lawyer in oil and gas law in 2004 through 2012, he was among the Top 100 Texas Lawyers Houston Region in 2006 and was listed in Best Lawyers in America Energy for 2005 through Mr. Cummings has presented numerous papers on oil and gas matters at annual and special institutes and continuing education seminars sponsored by the Rocky Mountain Mineral Law Foundation, the Oil, Gas and Energy Resources Law Section of the State Bar of Texas, the University of Texas, the American and Houston Associations of Professional Landmen, and similar organizations. He is a past Chair of the Oil, Gas and Energy Resources Law Section of the State Bar of Texas and the Oil, Gas and Mineral Law Section of the Houston Bar Association. He is a member of the State Bar of Texas. 15

7 BIOGRAPHIES JERRY GALOW Attorney Galow & Smith Austin, Texas Jerry Galow is a board certified trial lawyer and devotes one hundred percent of his practice to litigation, fifty percent of which is business disputes. He was named a Texas Super Lawyer from and is the Director of the Texas Trial Lawyers Association. Mr. Galow served as an Adjunct Professor (8 years) and Mock Trial Coach (6 years) at the University of Texas School of Law, his alma mater for both his B.A. and J.D. H. MARTIN GIBSON Dentons Dallas, Texas H. Martin Gibson concentrates on energy law, including oil and gas drilling, exploration and production activities of independent oil and gas companies and individuals, both domestically and internationally. Mr. Gibson is admitted to the Texas Bar and is a member of the Texas and Dallas Bar Associations. He is Board Certified in Oil, Gas and Mineral Law by the Texas Board of Legal Specialization. In 2002, he was chair of the Energy Section of the Dallas Bar and, until July of 2004 was a member of the Council of the Oil, Gas and Energy Section of the Texas Bar and Editor of the Section s newsletter. He is a member of the American Association of Petroleum Landmen, the A.D.A.M. Energy Forum, and several industry associations. He is past a member of the State Issues Committee of TIPRO (Texas Independent Producers and Royalty Owners) and is currently a member of the Texas Title Standards Joint Editorial Board. SHERRARD BUTCH HAYES Attorney Weisbart, Springer & Hayes, LLP Austin, Texas Sherrard (Butch) Hayes is a trusted counselor and litigator who is well-known for his skills in both federal and state courts, and his handling of complex business and employment disputes. His practice encompasses a broad range of business litigation, with a focus on the defense of clients in employment-related and business ethics matters, trade secret and technology disputes, commercial and stockrelated disputes, and officer and director litigation. Boardcertified by the Texas Board of Legal Specialization in Labor & Employment Law, Mr. Hayes has successfully tried many cases in federal and state courts, as well as various arbitration forums, and has secured recoveries as lead counsel for clients in the eight-figure range. He is the former -in-charge 16 Texas Center for the Judiiciary - Judicial Excellence Through Education of the Austin office of Fulbright & Jaworski, one of the largest and most respected law firms in the United States. Mr. Hayes was named one of the Best Business Attorneys & Corporate Counsel by Austin Business Journal in 2006 and one of the Nation s Most Powerful Employment Attorneys by Human Resource Executive magazine in Mr. Hayes earned his J.D. from the University of Tennessee College of Law and his B.A. from the University of North Carolina at Asheville. PETER HOSEY Jackson Walker, LLP San Antonio, Texas Peter E. Hosey has more than 33 years of experience representing clients in the energy and natural resources area. He has advised clients concerning all aspects of exploration, production, transportation, processing, sale and marketing of oil and gas and other natural resources. Mr. Hosey represents clients in the preparation and negotiation of merger and acquisition agreements, purchase and sale agreements, joint exploration agreements, lease acquisition agreements, seismic option agreements, leases, operating agreements, farmouts, oil and gas sales contracts, transportation agreements, processing agreements, pipeline construction and operating agreements, easement agreements, and other related documents. Mr. Hosey is Board Certified in Oil, Gas and Mineral Law with the Texas Board of Legal Specialization. He is an Adjunct Professor of Law at St. Mary s University School of Law teaching Texas Land Titles and serves as President of St. Mary s Law Foundation. Mr. Hosey was named a San Antonio Best Lawyer by S.A. Scene ( , ) and a Super Lawyer ( ) by Thomson Reuters. The San Antonio Business Journal named him to the 2012 Who s Who in Energy list and as an Outstanding Lawyer in He received his B.A. degree from the University of Texas at El Paso and his J.D. degree from St. Mary s University. LAMONT JEFFERSON Haynes Boone San Antonio, Texas Lamont Jefferson has extensive jury and non-jury trial experience in various jurisdictions in both state and federal courts in Texas. He has been go-to counsel on some of the most important recent cases in San Antonio, including the 2010 litigation over the multi-billion dollar expansion of the South Texas Nuclear Project; and 2009 litigation over the $26 billion Clear Channel merger. Mr. Jefferson s trial practice focuses on business, insurance, and fiduciary duty litigation. He is also a frequent speaker on litigation tactics. He was recently named by Best Lawyers as a 2014 Lawyer of the Year in Appellate Practice, Bet-the-Company Litigation,

8 BIOGRAPHIES Commercial Litigation, and Litigation - Trusts and Estates. He was also named an Outstanding Lawyer in Commercial Law by the San Antonio Business Journal (2010), a Texas Super Lawyer by Law and Politics and Texas Monthly - Business Litigation ( ), a Top 100 Texas Super Lawyer - Business Litigation (2010), and a Top 50 Central Texas Super Lawyer ( ). Mr. Jefferson also received the Ethical Life Award from Association of Corporate Counsel, South/ Central Texas Chapter, Mr. Jefferson earned his J.D. from the University of Texas and his B.A. from Rice University. SEAN D. JORDAN Sutherland, Asbill & Brennan, LLP Austin, Texas For nearly 20 years, Sean Jordan has handled complex civil litigation and appellate cases in both government service and private practice. Co-leader of the firm s Appellate Litigation practice, Mr. Jordan represents clients in appeals involving commercial, class action, energy, insurance and constitutional issues. Prior to joining Sutherland, Mr. Jordan served as the principal deputy solicitor general in the Office of the Solicitor General of Texas, representing the state, its agencies and officials in more than 40 appeals before federal and state courts. Mr. Jordan has argued before the U.S. Supreme Court and written numerous Supreme Court briefs. He led a team of 15 appellate lawyers charged with supervising the federal and state court appeals handled by the 800-lawyer Texas Attorney General s Office. He also coordinated the amicus curiae practice of the State of Texas in the U.S. Supreme Court, and federal circuit and state appellate courts. In private practice, Mr. Jordan handles extensive appellate litigation as well as personal injury and complex commercial cases in federal and state trial courts, with an emphasis on class action defense. Prior to practicing law, Mr. Jordan served in the United States Army as an infantryman and paratrooper in the 82nd Airborne Division. Mr. Jordan earned both his J.D., with honors, and his B.A., summa cum laude, from the University of Texas at Austin. ROBIN A. MELVIN Shareholder Graves, Dougherty, Hearon & Moody Austin, Texas Robin A. Melvin s practice focuses on water rights, water supply, and water and sewer utilities issues. She also advises clients on water quality and land-use regulations. Ms. Melvin has represented clients in business transactions, before state agencies, at trial, and on appeal in matters involving water, land-use, insurance and public utility regulation, and other regulated activities. Ms. Melvin is a frequent speaker and author of CLE regarding water rights in Texas. She was named as one of the Best Lawyers in America by Woodward/White, Inc., Water Law ( ) and as a Distinguished Alumni by Texas Lutheran University. She is the Chair of the Board of Regents for Texas Lutheran University and former Board Member of the Big Brothers Big Sisters of Central Texas, Inc. Ms. Melvin received her J.D. from the University of Texas. STEPHEN E. MCCONNICO Scott, Douglass & McConnico, LLP Austin, Texas Steve McConnico has tried over 150 cases to jury verdict. Cases include breach of fiduciary duty, theft of trade secrets, probate, breach of contract, environmental, election law, class action, business tort, oil and gas, personal injury, and professional malpractice defense. He represents Fortune 500 corporations, the Governor of Texas, some of Texas s largest law firms, the senior justice of the Texas Supreme Court, family-owned businesses, and individuals. His education includes the University of Texas (B.A. with honors, 1972) and Baylor University (J.D. with honors, 1976). He is board certified in personal injury and civil trial law with the Texas Board of Legal Specialization. He served as editor-in-chief of the Baylor Law Review, He was the briefing attorney for Justice Jack Pope, Texas Supreme Court, Mr. McConnico served on the Texas Supreme Court Advisory Committee, ; as chairman, Litigation Section, ; president Baylor School of Law Alumni Association ; president of Texas Supreme Court Historical Society ; American Board of Trial Advocates (president, Austin Chapter, ; president, TexABOTA ). He is a member of the Texas Bar Foundation; American Bar Foundation; International Society of Barristers; International Academy of Trial Lawyers; and American College of Trial Lawyers. MARY L. O CONNOR Akin, Gump, Strauss, Hauer & Feld, LLP Dallas, Texas Ms. O Connor has served as lead counsel in securities class action cases and shareholder derivative claims, including merger litigation. Ms. O Connor also has extensive experience in securities industry arbitration and has represented a wide range of clients, including investment funds, in enforcement matters. Ms. O Connor is the leader of the Dallas office diversity committee, and she also sits on the firm s diversity committee. Ms. O Connor joined Akin Gump in 1983 and has been a partner since She received her B.A. summa Civil Justice Conference - San Antonio

9 BIOGRAPHIES cum laude in political science from Bryn Mawr College in 1979 and her J.D. from Stanford Law School in She is a member of the State Bar of Texas, the Dallas Bar Association, the Texas Bar Foundation and the Dallas Bar Foundation. In 2012, Ms. O Connor was named one of the Best Lawyers in Dallas by D Magazine. CHAD M. PINSON Managing Director Stroz Friedberg Dallas, Texas Chad M. Pinson, Managing Director in Stroz Friedberg s Dallas office, serves as a trusted advisor to corporate, law firm, government, and individual clients in criminal, civil, regulatory, expert testimony, and internal corporate matters. Mr. Pinson brings well over a decade of legal and investigatory experience, along with subject matter expertise related to deceptive trade practice, cybercrime, privacy and data security issues, embezzlement and other fraudulent financial transactions. Prior to joining Stroz Friedberg, Mr. Pinson was a partner at Baker Botts LLP in Dallas. Notably, Mr. Pinson received special acknowledgement in 2012, appearing in the Best Lawyers in America list. From , he was continuously recognized by Law & Politics as a Texas Rising Star. Mr. Pinson is a past Vice Chairman and now the current Chairman of the State Bar of Texas Privacy & Data Security Committee. He is a member of the Consumer & Commercial Law Section Council, in addition to the Dallas Bar Association Antitrust Section Council. As a thought leader, he regularly speaks and publishes topics on privacy, data breach, cyber security, and class actions. Mr. Pinson received his B.B.A. with honors from the University of Texas and his J.D. with honors from Duke University School of Law where he was President of the Moot Court Board. RICK G. STRANGE Shareholder Cotton, Bledsoe, Tighe & Dawson, PC Midland, Texas Rick Strange is shareholder and is a member of the firm s Litigation Section and the Oil and Gas Litigation and Commercial Litigation Practice Groups. He is Board Certified in Oil, Gas, and Mineral Law, and Civil Trial Law. He first joined the firm in Justice Strange was a shareholder and head of the firm s Litigation Section when Governor Perry appointed him to the 11th Court of Appeals in He served as a Justice on the Court for five years and returned to the firm in Both as a Justice and attorney, Justice Strange has been involved in several complex oil and gas cases involving operational, title, and environmental issues. He has successfully represented clients as lead counsel in jury trials involving environmental claims stemming from alleged contamination of groundwater by produced fluid spills, clients who have been sued because of fatalities or other serious injuries, and clients with title disputes. Justice Strange earned his J.D., with honors, from the University of Texas School of Law, and his B.B.A., with honors, from Hardin- Simmons University. KENT C. SULLIVAN Sutherland, Asbill & Brennan, LLP Houston, Texas Justice Kent Sullivan has held positions of significance in almost every area of the legal profession, including almost 25 years as a lawyer in private practice, government service as the Texas First Assistant Attorney General, and as a judge on both the trial and appellate benches. From 2008 to 2010, Justice Sullivan served as a justice for the Texas Court of Appeals in Houston, where he participated in the disposition of hundreds of appeals and personally authored more than 75 opinions. From 2003 to 2006, he served as a district judge where he presided over multiparty cases to verdict involving such diverse subject matter as intellectual property rights and casino management fees. In 2006, Justice Sullivan was appointed by the Texas Attorney General to serve as First Assistant Attorney General, overseeing both the legal and administrative functions of the 800-attorney agency. He was also actively involved in the coordination of multistate legal disputes, often working with other state attorneys general and the National Association of Attorneys General. Prior to his appointment to the bench, Justice Sullivan was a trial lawyer in private practice where his complex civil litigation experience includes commercial, environmental, toxic tort and products liability matters. ANDREA VERNEY Associate Locke Lord, LLP Houston, Texas Andrea Verney is an associate in the Houston office of Locke Lord LLP where she practices business litigation and dispute resolution. She is a member of the firm s international arbitration and energy practice groups. Ms. Verney earned a J.D. from Vanderbilt University Law School, where she served as Senior Articles Editor on the Vanderbilt Journal of Entertainment and Technology and Vice President of Career Development for the Women Law Students Association. She earned a B.B.A. in Finance, magna cum laude, and a B.A. in Philosophy from the University of Notre Dame. 18 Texas Center for the Judiiciary - Judicial Excellence Through Education

10 BIOGRAPHIES SCOTT T. WILLIAMS Akin, Gump, Strauss, Hauer & Feld, LLP Dallas, Texas Scott T. Williams regularly provides litigation advice to hedge funds, private equity funds and other investment funds and vehicles, their managers and investors concerning suspensions of redemptions, gates and other liquidity issues, management and control matters, and fund dissolutions and incentive and other management fee disputes. Mr. Williams also frequently represents his clients in state and federal courts and in arbitration proceedings. Prior to joining Akin Gump, Mr. Williams was a law clerk to the Honorable Richard A. Schell of the Eastern District of Texas from 1995 to Mr. Williams received his B.A. in biology and political science in 1991 from Indiana University, where he was in the Honors Division, and his J.D. in 1994 from the University of Texas School of Law, where he was articles editor of the Texas Intellectual Property Law Journal from 1993 to 1994 and a teaching quizmaster in In addition, Mr. Williams has received the Dallas office s Recognition Award for his mentoring and professional development of associates and counsel, and he has also been named the Dallas office Pro Bono of the Year. Mr. Williams is a member of the State Bar of Texas. He is a member of the Dallas Bar Association and its judiciary committee and appellate and intellectual property sections, and is a fellow of the Dallas Bar Foundation. He is also a member of the Texas Hedge Funds Association, the Hon. Paul Brown Inn of Court and the Eastern District of Texas Bar Association. Mr. Williams is a graduate of the Leadership Arts class of 2011, and serves on the Board of Directors of Theatre Three. KENNON L. WOOTEN Associate Scott, Douglass & McConnico, L.L.P. Austin, Texas Kennon Wooten joined Scott, Douglass & McConnico, L.L.P. in 2011, after serving as the Rules Attorney for the Supreme Court of Texas and working as an associate for Baker Botts LLP. While at the Court, she handled inquiries and issues relating to local and statewide rules. At Scott, Douglass & McConnico her docket includes a broad range of civil litigation and appeals involving, among other things, allegations of breach of fiduciary duty, breach of contract, business tort, personal injury, and professional malpractice. She represents Fortune 500 corporations, law firms, family-owned businesses, associations, and individuals. Her education includes the University of Texas at Austin (BA with highest honors, 1999) and the University of Texas School of Law (JD with honors, 2004). She was the Head Teaching Quizmaster in law school and served as a law clerk for Chief Justice Wallace B. Jefferson at the Supreme Court of Texas immediately after law school. Kennon is actively involved with the bar. She is the Immediate Past President of the Austin Young Lawyers Association and serves as a member of the Austin Bar Association Board of Directors, Editorial Board for The Advocate (a quarterly publication of the State Bar), Board of Directors for the Texas Legal Services Center, and State Bar Committee on Court Ru1es. She is also serving as Editor-in-Chief for Austin Lawyer, a monthly publication of the Austin Bar Association. In 2011, she received a Special Commendation of the Supreme Court of Texas and State Bar for her work relating to the disciplinary rules in Texas. She has been named as a Texas Rising Star in 2008, 2009, and EVAN YOUNG Senior Associate Baker Botts, LLP Austin, Texas Evan Young is a Senior Associate in the Austin office of Baker Botts L.L.P., where his practice focuses on trial and appellate litigation. He has successfully argued cases before the Supreme Court of the United States and the Supreme Court of Texas, and has represented clients across the country before every level of the state and federal judiciary. Before joining Baker Botts, Young served in the judicial and executive branches of the federal government. He was a law clerk for Justice Antonin Scalia at the Supreme Court, and before that, for Judge J. Harvie Wilkinson III of the Court of Appeals for the Fourth Circuit. In 2006, after completing his clerkship with Justice Scalia, Mr. Young became Counsel to the Attorney General at the U.S. Department of Justice, serving under Attorneys General Alberto R. Gonzales and Michael B. Mukasey. While serving in the Office of the Attorney General, Mr. Young accepted a detail to the U.S. Embassy in Baghdad, Iraq, where he was the Deputy Rule of Law Coordinator. In that position, he worked to assist the Iraqi government in its efforts to strengthen its legal regime, including, for example, its courts and prison system. In 2009, Mr. Young returned to his home state of Texas and joined Baker Botts. Mr. Young is a graduate of the Yale Law School. Before that, he was a British Marshall Scholar at Oxford University, earning a First Class degree in Modern History. He previously graduated summa cum laude from Duke University, where he was an A.B. Duke Memorial Scholar. While at Duke, Mr. Young s book, Lone Star Justice: A Biography of Justice Tom C. Clark, was published. Civil Justice Conference - San Antonio

11 SCHEDULE at a GLANCE Monday, October 14 7:30 a.m. 8:30 a.m. Breakfast...Hill Country AB 8:30 a.m. 9:30 a.m. Spoiled and Deluded: Hard Truths About Electronic Search, Plus E-Discovery Tips for Judges...Hill Country D 9:30 a.m. 9:45 a.m. Break 9:45 a.m. 10:45 a.m. Oil and Gas Today from 30,000 Feet...Hill Country D 10:45 a.m. 11:00 a.m. Break 11:00 a.m. Noon Advanced Arbitration: Nuances in Arbitration Law...Hill Country D Noon - 1 p.m. Lunch...Hill Country AB Oil & Gas Track - ALL SESSIONS IN HILL COUNTRY E 1:00 p.m. 2:00 p.m. Are We There Yet the Start and Finish of an Oil & Gas Lease 2:15p.m. 3:15 p.m. Pooling Issues 3:30 p.m. 4:30 p.m. Areas of Mutual Interest and Preferential Rights Civil Litigation Track - ALL SESSIONS IN HILL COUNTRY F 1:00 p.m. 2:00 p.m. New Rules, Real Change? Dismissal Motions and Expedited Action Rules in Texas 2:15p.m. 3:15 p.m. Litigation with Foreign Law and Foreign Companies 3:30 p.m. 4:30 p.m. Current Issues in Texas Water Rights Business Law Track - ALL SESSIONS IN HILL COUNTRY G 1:00 p.m. 2:00 p.m. Fiduciary Litigation 2:15p.m. 3:15 p.m. Update on Trade Secrets and Covenants Not to Compete 3:30 p.m. 4:30 p.m. Hot Topics in Business Law Tuesday, October 15 7:30 a.m. 8:30 a.m. Breakfast...Hill Country AB 8:30 a.m. 9:30 a.m. Sovereign Immunity: Overview and Latest Developments...Hill Country D 9:30 a.m. 9:45 a.m. Break 9:45 a.m. 10:45 a.m. U.S. Supreme Court Update...Hill Country D 10:45 a.m. 11:00 a.m. Break 11:00 a.m. Noon Supreme Court of Texas Update...Hill Country D WI FI Network (SSID): Hyatt Meeting Password: Hy@TTm33T