27th Annual
Advanced Evidence
and Discovery Course
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
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
2 3
MCLE CREDIT
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
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 601-615 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
TexasBar
CLE 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
and
Save Up To $75
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
and
Save Up To $75
VIDEO Austin
Thompson Conference Center
June 26-27, 2014
Register by June 12
and
Save Up To $75
VIDEO Houston
Crowne Plaza Houston - River Oaks
July 10-11, 2014
Register by June 26
and
Save Up To $75
13.25 HOURS (2 ETHICS)
MCLE COURSE NO: # 901280458
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.
• 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
3:00 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
“ I have always enjoyed the seminars put on by the Texas Bar.
They always have good quality speakers who provide information
that is helpful.”
4
TexasBar
CLE.com
TexasBar
CLE.com
fyi
Ways to Save on This Course!
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 13340 Dallas Parkway Dallas, TX 75240 (972) 934-9494 $175 single/double room Deadline: March 12th Register online: https://www.starwoodmeeting. com/Book/AdvancedEvidenceandDiscovery2014LIVE SAN ANTONIO
May 22-23, 2014Hyatt Hill Country Resort and Spa
9800 Hyatt Resort Drive San Antonio, TX 78251 (210) 647-1234
$207 single/double room
Deadline: April 21st - Register online:
https://aws.passkey.com/g/20638255
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 78713
(512) 471-3121
no rooms have been blocked for this event.
VIDEO
HOUSTON
July 10-11, 2014 Crowne Plaza-River Oaks 2712 Southwest Freeway Houston, TX 77098 (512) 523-8448no rooms have been blocked for this event.
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, 2015. 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 512-250-5575 or laura.angle@texasbar.com.
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 800-204-2222, 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 800-204-2222, x1748. Registered But Can’t Attend? Still Earn MCLE Credit
and receive course materials by (1) calling 800-204-2222, 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 (512-427-4443) 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 e-mail 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 512-427-1797 or julie.marshall@texasbar.com. 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.
5
Registration
Form
W A Y S T O R E G I S T E R
W A Y S T O R E G I S T E R
1
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4
3
†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 800-204-2222, x1575. Mp3 files of topics will be downloadable from TexasBarCLE.com 6-8 weeks after the course.
QUESTIONS?
800-204-2222, x1574 • 512-427-1574
FD
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 _______________________________________________________________________
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Registrant Name _________________________________________________________________ Firm Name/Court ________________________________________________________________ Address for Bar-Related Mail _______________________________________________________ City/State ____________________________________ Zip _______________________________ Phone ( ) ___________________________ Fax ( ) _____________________________ E-Mail (required for registrant’s PDF download option): _________________________________ A confirmation of your registration will be sent to the e-mail address you provide.
Lawyers licensed 5 years or less take HALF OFF the Advanced Course!
Online
TexasBarCLE.com
credit card only
Phone
8
00-204-2222, x1574 during business hourscredit card only
Fax
512-427-4443
credit card only
State Bar of Texas - CLE LB #972298
P. O. Box 972298 Dallas, TX 75397-2298
check or credit card
Registering
five or more?
E-mail Laura Angle at laura.angle@texasbar.com for group discount information.
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* San Antonio LIVE, May 22-23 - 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 26-27
q Regular Registrant. . . .$545
Take $50 OFF:Register by June 12
q Licensed 5 years or less, HALF OFF . . . . .$272.50* Houston VIDEO, July 10-11
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
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
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.
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
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
State Bar of Texas
P.O. Box 12487
Austin, TX 78711-2487
NON PROFIT ORGANIZATION
U.S. POSTAGE
PAID
PERMIT NO. 1804
AUSTIN, TEXAS
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The benefits of membership
in the
Litigation Section
T
he Section provides grants to worthy projects, sponsors
ethics-accredited 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.
I
n 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.
➤
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The Advocate, featuring updates and analyses of issues by
some of the state’s most distinguished practitioners.
One of the largest
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the Litigation Section
is committed to
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and education about
important and
news-making topics that
impact the profession.
27th 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