Advanced Evidence and Discovery Course

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1 27th Annual Advanced Evidence and Discovery Course HOT TOPICS: Preparing and Presenting a Case on a Budget The Sufficiency of the Evidence Standards Social Media: For Discovery, Jury Selection, and at Trial The Corporate Representative Cross Examination Proving Lost Earnings and Lost Profits LIVE Dallas Westin Galleria Hotel April 3-4, 2014 LIVE San Antonio Hyatt Hill Country Resort May 22-23, 2014 VIDEO Austin Thompson Conference Center June 26-27, 2014 VIDEO Houston Crowne Plaza River Oaks Hotel July 10-11, 2014 MCLE CREDIT HOURS (2 ETHICS)

2 TexasBarCLE presents the 27th Annual Advanced Evidence and Discovery Course Cosponsored by the Litigation Section of the State Bar of Texas LIVE Dallas Westin Galleria April 3-4, 2014 Register by March 20 LIVE San Antonio Hyatt Hill Country Resort May 22-23, 2014 Hyatt Hill Country Resort Memorial Day Weekend Bring the Family! Register by May 8 VIDEO Austin Thompson Conference Center June 26-27, 2014 Register by June 12 VIDEO Houston Crowne Plaza Houston - River Oaks July 10-11, 2014 Register by June 26 #TBCLEevidence MCLE CREDIT HOURS (2 ETHICS) MCLE COURSE NO: # Applies to the College of the State Bar of Texas and to the Texas Board of Legal Specialization in Civil Appellate Law, Civil Trial Law, Criminal Law, Family Law and Personal Injury Trial Law. Thursday 7 hours including.75 hour ethics 8:00 Registration - Coffee & Pastries Provided 8:55 Welcoming Remarks Course Director Benny Agosto, Jr., Houston Abraham Watkins Nichols Sorrels Agosto & Friend 9:00 Supreme Court Update.5 hr Clyde Jay Jackson, III, Houston Abraham Watkins Nichols Sorrels Agosto & Friend 9:30 Attorney s Fees.5 hr (.25 ethics) What is discoverable? Time statements Redaction issues Differences in Federal Court Carlos R. Soltero, Austin McGinnis, Lochridge & Kilgore 10:00 Preparing and Presenting a Case on a Budget.5 hr Using affordable technology in litigation Low-cost discovery techniques J. Javier Gutierrez, Alice The Gutierrez Law Firm 10:30 Break 10:45 Scope of Discovery.5 hr Paul N. Gold, Houston Aversano & Gold 11:15 Admissibility of Seatbelt Evidence.5 hr Nik A. Mimari, San Antonio Plunkett & Griesenbeck 11:45 Responsible Third Parties.5 hr Daniel Pozza, San Antonio Law Offices of Dan Pozza 12:15 Break - Lunch Provided 12:30 Luncheon Presentation: The Sufficiency of the Evidence Standards.75 hr (.25 ethics) Moderator Judith Ann Kostura, Austin Judge Kostura & Putman 2 Panelists Hon. Pedro (Pete) Gomez, Jr. Ozona Judge, 112th District Court Hon. Phylis J. Speedlin, San Antonio Plunkett & Griesenbeck (Retired Justice) 1:15 Break 1:30 Witness Issues.5 hr Impeachment Credibility Challenges Rules Jared Levinthal, Houston Levinthal Wilkins & Nguyen 2:00 Workplace Accidents 1 hr OSHA reports Drug testing Control issues Independent contractor Chapter 95 Jorge Herrera, San Antonio The Herrera Law Firm Jeff Ray, El Paso Ray McChristian & Jeans 3:00 Use of Evidence.5 hr Demonstrative and substantive How to effectively use evidentiary challenges Predicates in mediation Mark T. Murray, Houston Stevenson & Murray 3:30 Break 3:45 Fair Labor Standards Act.5 hr Coverage under the FLSA Exemptions Retaliation Damages and penalties Courtney Perez, Dallas Carter Stafford Arnett Hamada & Mockler 4:15 Social Media: For Discovery, Jury Selection, and at Trial.75 hr (.25 ethics) Company websites as evidence Talking about the case on social media

3 I have always enjoyed the seminars put on by the Texas Bar. They always have good quality speakers who provide information that is helpful. Ways to use and discover Jury selection Revenge postings Dallas John G. Browning, Dallas Lewis Brisbois Bisgaard & Smith San Antonio Lawrence G. Morales, San Antonio The Morales Law Firm 5:00 Adjourn Friday 6.25 hours including 1.25 hours ethics 8:00 Coffee & Pastries Provided 8:25 Morning Announcements 8:30 Opening and Closing Statements - How Far Can You Go?.5 hr (.25 ethics) Francisco Guerra, IV, San Antonio Watts Guerra 9:00 State and Federal Evidence Update.5 hr George (Tex) Quesada, Dallas Sommerman & Quesada 9:30 Cross Examination of Experts.5 hr Brantley White, Corpus Christi Sico White Hoelscher & Braugh 10:00 Break 10:15 Privileges.5 hr Kim J. Askew, Dallas K & L Gates 10:45 Hearsay.5 hr Dallas David M. Gunn, Houston Beck Redden San Antonio Vincent Tripp Marable III, Wharton Paul Webb 11:15 The Corporate Representative Cross Examination.75 hr Admissibility of similar incidents State vs. Federal rules Effective use of depositions to persuade the jury Knowing the scope of the deposition Defense Plaintiff Lewin Plunkett, San Antonio Plunkett & Gibson Defense Craig M. Sico, Corpus Christi Sico White Hoelscher Harris & Braugh 12:00 Break - Lunch Provided 12:15 Luncheon Presentation: Pre -Trial Methods 1 hr (.25 hr ethics) Pre-Trial conferences Motions in limine & trial briefs Motions to take judicial notice Summary judgments & objections Motions to amend pleadings Motions for continuance Moderator Amanda S. Hilty, Houston Bair Hilty Panelists Hon. Patricia O. Alvarez, San Antonio Justice, Fourth Court of Appeals Hon. David Evans, Dallas Justice, Fifth Court of Appeals Hon. Andrew S. Hanen, Brownsville Judge, United States Southern District Charlie M. Wilson III, Dallas Goranson Bain 1:15 Break 1:30 Electronic Discovery.5 hr (.25 ethics) David A. Chaumette, Houston Chaumette PLLC 2:00 What Attorneys Do Right and Wrong Before the Texas Supreme Court.5 hr Hon. Dale Wainwright, Austin Bracewell & Giuliani 2:30 Proving Lost Earnings and Lost Profits.5 hr Brian P. Lauten, Dallas Sawicki & Lauten 3 3:00 Rules Update: What s New and What s Around the Corner.5 hr ethics Dismissal procedures Pleading requirements Expedited actions procedures E-filing rules Potential amendments to the Texas Rules of Evidence Kennon L. Wooten, Austin Scott Douglass & McConnico 3:30 Adjourn Course Director Benny Agosto, Jr...Houston Planning Committee Angelica Hernandez...Houston Amanda S. Hilty...Houston Clyde Jay Jackson II...Houston Judith Ann Kostura... Austin Vincent Lee Tripp Marable III... Wharton Nik A. Mimari...San Antonio Mark T. Murray...Houston George (Tex) Quesada...Dallas Craig M. Sico... Corpus Christi Carlos Soltero... Austin Brantley White... Corpus Christi Litigation Section of the State Bar of Texas Christy Amuny... Chair Pat Long Weaver... Chair-Elect Paula Hinton... Vice-Chair Hon. Craig T. Enoch... Treasurer Carlos E. Cardenas...Secretary Michael Smith... Immediate Past Chair TexasBarCLE Planning Team Hedy Bower... Director of Program Planning Mary McDonald...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

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. Litigation Section Members Can Save $75 by registering by the Register by date (thereafter, save $25). Not a member? Your course registration fee includes a complimentary membership in the State Bar Litigation Section through June 1, See our registration page for opt out choice. 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. 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 Dallas April 3-4, 2014 Westin Galleria Dallas Parkway Dallas, TX (972) $175 single/double room Deadline: March 12th Register online: https://www.starwoodmeeting. com/book/advancedevidenceanddiscovery2014 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 Their Court 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 receivers, trustees, other court staff, or persons serving part-time in a judicial capacity. Actual attendance is required in order to receive course materials. Parking Information for Attendees Not Staying at the Hotel is subject to change without notice and is not a guarantee of available space. DALLAS: Self-parking is complimentary in the mall parking garage. SAN ANTONIO: Self-parking complimentary in the hotel s open lot. AUSTIN: Self-parking is complimentary in the open air lot. HOUSTON: Self-parking is complimentary in the hotel parking garage with staff validation. If You Need Special Accommodations to Attend, please contact us as soon as possible at , x1748. 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 and Mp3s of the Topics 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 LIVE San Antonio May 22-23, 2014 Hyatt Hill Country Resort and Spa 9800 Hyatt Resort Drive San Antonio, TX (210) $207 single/double room Deadline: April 21st - Register online: https://aws.passkey.com/g/ The reserved block of rooms may fill up before the deadline. Act now! No rooms have been booked for the video replays. VIDEO Austin June 26-27, 2014 Thompson Center 2405 Robert Dedman Drive Austin, TX (512) No rooms have been blocked for this event. VIDEO Houston July 10-11, 2014 Crowne Plaza-River Oaks 2712 Southwest Freeway Houston, TX (512) No rooms have been blocked for this event. 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

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 the Advanced Course! Phone , x1574 during business hours credit card only Fax credit card only Mail State Bar of Texas - CLE LB # P. O. Box Dallas, TX check or credit card Registering five or more? Laura Angle at for group discount information. Advanced Evidence and Discovery Course 5060 Advanced Evidence and Discovery [5060] Dallas LIVE, April 3-4 q Regular Registrant...$645 Take $50 OFF: Register by March 20 q Licensed 5 years or less, HALF OFF...$322.50* 1 2 I want my Advanced Course materials format to be: q Hard copy books as well as a PDF download of same (both formats included in registration fee) q PDF download ONLY so I ll take $25 OFF San Antonio LIVE, May Memorial Day Weekend! q Regular Registrant...$645 Take $50 OFF: Register by May 8 q Licensed 5 years or less, HALF OFF...$322.50* Austin VIDEO, June q Regular Registrant...$545 Take $50 OFF: Register by June 12 q Licensed 5 years or less, HALF OFF...$272.50* Houston VIDEO, July q Regular Registrant...$545 Take $50 OFF: Register by June 26 q Licensed 5 years or less, HALF OFF...$272.50* *No discounts in section 3 may be taken. I may attend complimentary because I am a (see p. 4).: q Qualifying judge q Court staff attorney COURSE AMENITIES Coffee, pastries and lunch each day FREE parking FREE wireless signal in the meeting room Convenient electrical connections for your laptop 3 4 I m entitled to 1 or 2 discounts on the 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.) $25 OFF because (choose 1 box only) I m a member of the q State Bar College q Paralegal Division q Litigation Section I can t attend. Just send course materials. FREE Shipping & Handling q Course hard copy book $155 To order a discounted PDF download of course materials (available 4-6 weeks after the course), search Publications at TexasBarCLE.com. Your course registration fee includes a complimentary membership in the State Bar Litigation Section through June 1, 2015 (if you are not already a member). If you are already a member of the Litigation Section, please take advantage of the $25 discount above. If you do NOT want to take advantage of this special offer to join the Litigation Section, please check here: q 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 Evidence and Discovery Course LIVE Dallas April 3-4, 2014 LIVE San Antonio May 22-23, 2014 VIDEO Austin June 26-27, 2014 VIDEO Houston July 10-11, 2014 NON PROFIT ORGANIZATION U.S. POSTAGE PAID PERMIT NO AUSTIN, TEXAS One of the largest State Bar sections, the Litigation Section is committed to providing information and education about important and newsmaking topics that impact the profession. The benefits of membership in the Litigation Section The Section provides grants to worthy projects, sponsors ethicsaccredited programs and lectures at law schools, and works to attract nationally known keynote speakers for the Bar s Annual Meeting. When there are court rules being considered that will affect how lawyers practice, the Section takes a lead in advocacy with the Texas Supreme Court. In addition, the Section cosponsors top-notch continuing legal education with TexasBarCLE, earning its members a discount. In a typical year, this would mean discounted attendance at these popular programs: the Litigation Update Institute, the Advanced Evidence and Discovery Course, the Advanced Civil Trial Course, and the Advanced Personal Injury Law Course. Find us on Facebook! All members receive the respected quarterly journal, The Advocate, featuring updates and analyses of issues by some of the state s most distinguished practitioners. LitigationSection Join Us! litigationsection.com

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