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28th Annual

Advanced

Civil Appellate Practice

Course

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

MCLE CREDIT | 12.75 HOURS (1.5 ETHICS)

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)

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MCLE CREDIT

TexasBar

CLE presents the 28th Annual

Advanced

Civil Appellate Practice

Course

Cosponsored by the Appellate Section of the State Bar of Texas

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!

12.75 HOURS (1.5 ETHICS)

MCLE COURSE NO: 901294369

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.

Tweet About this Course!

#TBCLEcivapp

Thursday

7 hours (.5 ethics)

8:00 Registration

Coffee & Pastries Provided 8:50 Welcoming Remarks

Course Director Kent G. Rutter, Houston Haynes and Boone

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

12:15 Lunch Presentation: How Appellate Judges Make Decisions .75 hr Hon. Eva Guzman, Austin Justice, Supreme Court of Texas 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

Justice, Supreme Court of Texas (ret.) Andrews Kurth

Hon. Jeffrey V. Brown, Austin Justice, Supreme Court of Texas Hon. Paul W. Green, Austin Justice, Supreme Court of Texas Hon. Debra H. Lehrmann, Austin Justice, Supreme Court of Texas 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)

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3

MCLE CREDIT

Civil Appellate Practice 101

LIVE Austin

| September 3, 2014 | Four Seasons Hotel

Attorneys licensed 5 years or less attend for

half off!

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

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

Haynes and Boone

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 Haynes and Boone

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

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

Haynes and Boone

Anne McGowan Johnson, Dallas Haynes and Boone

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

6 HOURS (.5 ETHICS)

MCLE COURSE NO: 901294368

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.

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TexasBar

CLE.com

TexasBar

CLE.com

fyi

Ways to Save on This Course!

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

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 78701

(512) 478-4500 $249/night

Deadline: August 2, 2014

Reservations also available at:

http://www.fourseasons.com/austin/

Corporate Code: STAT0901

VIDEO

Dallas

Cityplace Events

2711 North Haskell Avenue Dallas, TX 75204

(214) 515-5100

No hotel rooms have been blocked for this showing.

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, e-mail [email protected] or phone 800-204-2222, 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 512-250-5575 or [email protected].

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 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 800-204-2222, 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 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 of the Presentation & PDFs of the Course Materials,

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 [email protected].

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.

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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

6

1

2

4

3

Online

TexasBarCLE.com

credit card only

Phone

8

00-204-2222, x1574 during business hours

credit card only

Fax

512-427-4443

credit card only

Mail

State Bar of Texas LB#972298 P.O. Box 972298 Dallas, TX 75397-2298

check or credit card

Registering

five or more?

E-mail Laura Angle at [email protected] for group discount information.

†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 _______________________________________________________________________ State Bar Membership No. ___ ___ ___ ___ ___ ___ ___ ___

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 each course!

Advanced Civil Appellate Practice

[5035]

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!

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.

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 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. 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

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, 2014. Details are available by contacting Steve Hayes at [email protected].

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State Bar of Texas P.O. Box 12487 Austin, TX 78711-2487

NON PROFIT ORG U.S. POSTAGE

PAID

PERMIT NO. 1804 AUSTIN, TEXAS

28th Annual

Advanced Civil Appellate Practice Course

LIVE Austin September 4-5 2014 Four Seasons Hotel

VIDEO Dallas October 9-10, 2014 Cityplace Events

Join the Appellate Section for $25 a year

and save $50 discount on tuition for the

2014

Advanced Civil Appellate Practice Course

STATE BAR OF TEXAS

Appellate Section

w w w . t e x - a p p . o r g

Receive the insightful The Appellate Advocate, a

first-rate 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, www.tex-app.org. 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.

Reap these benefits of membership:

Receive periodic email 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.

References

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