THE UNIVERSITY OF TEXAS SCHOOL OF LAW

37TH ANNUAL PAGE KEETON CIVIL LITIGATION

October 24–25, 2013

Four Seasons Hotel „ Austin, Texas

Earn up to 12.75 Hours of Credit Including 2.50 Hours of Ethics Credit Specialization Credit Approved for Civil Appellate Law, Civil Trial Law, and Personal Injury Trial Law

www.utcle.org „ 512.475.6700 37TH ANNUAL PAGE KEETON CIVIL LITIGATION

October 24–25, 2013 „ Four Seasons Hotel „ Austin, Texas

Earn up to 12.75 Hours of Credit Including 2.50 Hours of Ethics Credit Specialization Credit Approved for Civil Appellate Law, Civil Trial Law, and Personal Injury Trial Law

THURSDAY MORNING, OCT. 24, 2013 11:00 a.m. .75 hr | .25 hr ethics 2:00 p.m. .50 hr

Presiding Officer: Insurance Law for the Trial Lawyer A Trial Lawyer’s Perspective on the Jim M. Perdue Jr., Perdue & Kidd, LLP, The most significant cases of 2013. Current State of, and Recent Houston, TX Philip K. Maxwell, Attorney at Law, Austin, TX Developments in, Arbitration Lee H. Shidlofsky, Shidlofsky Law Firm PLLC, A discussion of lessons learned from the boom in Austin, TX arbitration practice and how recent developments 8:00 a.m. Registration Opens impact arbitration practice in Texas. Includes continental breakfast. 11:45 a.m. .50 hr John B. Beckworth, The University of Texas School of Law, Austin, TX 8:50 a.m. Welcoming Remarks Recent Developments in Class Action Litigation: Wal-Mart and Beyond Materials By: Helen Hemingway, WattBeckworth, Houston, TX The Supreme Court has issued a number of 9:00 a.m. .50 hr John F. Sullivan III, WattBeckworth, Houston, TX important class action decisions in recent years. Joseph G. Thompson III, WattBeckworth, Texas Civil Procedure Update: The Court’s landmark 2011 ruling in Wal-Mart v. Houston, TX A Look at Recent Decisions and New Dukes has already greatly impacted class action Rules of Procedure litigation across the country, and during its recently 2:30 p.m. .50 hr concluded October 2012 term, the Court decided Coverage of recent judicial decisions and The Admissibility of Electronic Evidence amended and proposed rules, including a written seven cases that are also likely to substantially Learn how to get your electronic evidence into comprehensive review of recent case law as a affect the application of Rule 23. This presentation evidence and keep your opponent’s electronic handy reference tool for practitioners. describes class action practice in the aftermath evidence out. Elaine Grafton Carlson, South Texas College of Law, of Wal-Mart, and how litigants and courts must Jeremy Counseller, Baylor Law School, Waco, TX Houston, TX also navigate the Court’s most recent decisions addressing issues such as evidentiary standards for Materials By: 3:00 p.m. Break Courtney Taylor Carlson, Jackson Walker L.L.P., class certification and jurisdiction under the Class Houston, TX Action Fairness Act. Sean D. Jordan, Sutherland Asbill & Brennan LLP, 3:15 p.m. .50 hr 9:30 a.m. .50 hr Austin, TX Uniform Trade Secrets and Data Theft Supreme Court Update 12:15 p.m. Lunch on Your Own A discussion of what has changed for Texas A current Texas Supreme Court Justice provides an litigators now that Texas has become the 48th state update on significant decisions from the past year. THURSDAY AFTERNOON to adopt the Uniform Trade Secret Act, with input Hon. Jeffrey S. Boyd, The Supreme Court of Texas, on the practicalities of trade secret litigation from Austin, TX general counsel in the tech industry. Presiding Officer: Materials By: William J. Chriss, Law Office of Karen C. Burgess, Richardson & Burgess LLP, Heather Jones Holmes, The Supreme Court of Texas, William J. Chriss, P.C., Of Counsel to Austin, TX Austin, TX Gravely & Pearson, L.L.P., Austin, TX 3:45 p.m. .50 hr ethics 10:00 a.m. .75 hr 1:30 p.m. .50 hr The Neuroscience of Frivolity: Dismissal on the Pleadings: A New Rule in Litigator’s Guide to Disciplinary Rule 3.01 Texas, Old Problems in Federal Court Restating Fraud No surprise the brain makes people do dumb The new Texas rule of procedure allowing dismissal Liability for fraud is the next topic to be addressed things. It was never handed this rule: Rule 3.01 of an action at the initial pleading stage basically by the Restatement (Third) of Torts: Liability for Meritorious Claims and Contentions—A lawyer tracks the federal Rule 12(b)(6) as explained by Economic Harm. Dean Farnsworth, who is serving shall not bring or defend a proceeding, or assert the United States Supreme Court in Twombly as Reporter for the project, presents an interesting or controvert an issue therein, unless the lawyer and Iqbal, but there is an important Texas twist: overview of current problems in the field. reasonably believes that there is a basis for doing the loser has to pay attorney’s fees. This feature Ward Farnsworth, The University of Texas so that is not frivolous. completely changes the dynamic of when one School of Law, Austin, TX Kevin L. Leahy, The University of Texas School of Law, chooses to file and oppose a motion to dismiss. Austin, TX Charles L. “Chip” Babcock, Jackson Walker, L.L.P., Houston, TX Hon. W. Royal Furgeson Jr. (Ret.), Dean, UNT Dallas College of Law, Dallas, TX

10:45 a.m. Break

phone 512.475.6700 „ www.utcle.org „ fax 512.475.6876 4:15 p.m. .75 hr ethics 10:15 a.m. .50 hr 12:45 p.m. .50 hr ethics Ethics Lessons: Leading a Professional Life Trial by Agreement: How Trial Lawyers Advocacy in Traditional and A focused discussion of simple, practical strategies Hold the Key to Improving Jury Trials in Non-Traditional Contexts for leading a fulfilling, meaningful and ethical Civil Cases New tips for every litigator whatever the professional life. Recent innovations trial lawyers can use to reduce circumstance, from arbitrations, mediations and Lewis Sifford, Sifford, Anderson & Co., P.C., expense and improve jury comprehension. hearings, to jury trials, expedited trials and more. Dallas, TX Stephen D. Susman, Susman Godfrey LLP, Tracy W. McCormack, The University of Texas New York, NY School of Law, Austin, TX 5:00 p.m. Adjourn 10:45 a.m. .50 hr 1:15 p.m. .50 hr FRIDAY MORNING, OCT. 25, 2013 Getting the Charge Right and Charge State of the Judiciary Presiding Officer: Error Preservation Moderator: Lisa Bowlin Hobbs, Kuhn Hobbs PLLC, A “real life” jury charge conference with objections Hon. Thomas R. Phillips (Ret.), Baker Botts, Austin, TX Austin, TX and submissions. Panelists: David Keltner, Kelly Hart & Hallman LLP, Hon. Jeffrey S. Boyd, The Supreme Court of Texas, Fort Worth, TX Austin, TX 8:00 a.m. Conference Room Opens Clyde J. “Jay” Jackson III, Abraham Watkins Nichols Hon. Phil W. Johnson, The Supreme Court of Texas, Austin, TX Includes continental breakfast. Sorrels & Friend, Houston, TX Thomas C. Wright, Wright & Close, LLP, Houston, TX 1:45 p.m. .50 hr 8:30 a.m. .50 hr 11:15 a.m. .50 hr | .25 hr ethics 30 Tips in 30 Minutes eDiscovery for Everyone Attorney Fee Agreement This fast-paced presentation highlights 30 A brief exploration of tips, tricks and tools that Taking care of your fee agreements: creative invaluable tech tips, web resources, tools and iPad enable anyone to become more adept at dealing approaches for the small firm. apps of exceptional value to civil trial lawyers, road with electronic evidence without spending a Marcy Hogan Greer, Norton Rose Fulbright, warriors and interesting people. Focus runs the fortune on hiring vendors or experts. Austin, TX gamut from note-taking to trial presentation to Craig Ball, Attorney and Forensic Technologist, James Holmes, Schmidt and Holmes LLP, Dallas, TX research and trends in practice management and Certified Computer Forensic Examiner, Austin, TX trial technology; from PDF annotation to graphic 11:45 a.m. Pick Up Lunch presentation to gesture control devices. See 30 9:00 a.m. .50 hr Included in registration. minutes of the future, available now. Obtaining and Overturning Default Judgments Mark L. Greenwald, Attorney at Law, San Antonio, TX FRIDAY AFTERNOON The Texas Supreme Court recently issued opinions Mark I. Unger, The Unger Law Firm, PC, San Antonio, TX in several default judgment cases. Learn about those opinions and get reacquainted with the Presiding Officer: Adam T. Schramek, Norton Rose 2:15 p.m. Break procedures for obtaining and overturning default Fulbright, Austin, TX judgments in Texas State Court. 2:30 p.m. .50 hr | .25 hr ethics Alex Wilson Albright, The University of Texas School of Law, Austin, TX LUNCHEON PRESENTATION Social Media in Trials and Jury Selection Real world tips to make effective use of social 9:30 a.m. .50 hr 12:00 p.m. .50 hr media in litigation. Perils and Pitfalls in the Texas Civil Practice & Michael G. Sawicki, Sawicki & Lauten LLP, Dallas, TX Bringing Excitement to the Courtroom Remedies Code: How You Can Avoid or Exploit Them to Your Advantage From the bold to the unexpected, learn how to 3:00 p.m. 1.00 hr keep things hopping in trial. There are a number of provisions in the Texas Civil Judicial Panel on Advocacy and Persuasion Practice & Remedies Code that can trip up the Charla G. Aldous, Aldous Law Firm, Dallas, TX Effective advocacy and persuasion. unwary practitioner. Learn tips to avoid the traps Moderator: that lie waiting in the litigation landscape for the 12:30 p.m. Break Jim M. Perdue Jr., Perdue & Kidd, LLP, Houston, TX unsuspecting attorney. Panelists: Paula Knippa, Slack & Davis, Austin, TX Hon. Nancy F. Atlas, U.S. District Court, Southern District of Texas, Houston, TX 10:00 a.m. Break Hon. Lee Yeakel, U.S. District Court, Western District of Texas, Austin, TX Hon. Stephen Yelenosky, 345th Judicial Civil District Court, Austin, TX

4:00 p.m. Adjourn

Well-chosen topics. Good speakers. Overall great—concise, focused topics and Excellent program. presentations with very good speakers. Always one of the best seminars of the year. Has a good mix of speakers from the bench, I liked the venue (as always) and all topics. Good speakers and topics keep academia, and practicing trial lawyers. The planners obviously are mindful of the me coming back each year. need for practical, relevant topics.

phone 512.475.6700 „ www.utcle.org „ fax 512.475.6876 CONFERENCE FACULTY

ALEX WILSON ALBRIGHT HON. W. ROYAL FURGESON JR. (RET.) TRACY W. MCCORMACK The University of Texas School of Law Dean, UNT Dallas College of Law The University of Texas School of Law Austin, TX Dallas, TX Austin, TX

CHARLA G. ALDOUS MARK L. GREENWALD JIM M. PERDUE JR. Aldous Law Firm Attorney at Law Perdue & Kidd, LLP Dallas, TX San Antonio, TX Houston, TX

HON. NANCY F. ATLAS MARCY HOGAN GREER HON. THOMAS R. PHILLIPS (RET.) U.S. District Court, Southern District of Texas Norton Rose Fulbright Baker Botts Houston, TX Austin, TX Austin, TX

CHARLES L. “CHIP” BABCOCK JAMES HOLMES MICHAEL G. SAWICKI Jackson Walker, L.L.P. Schmidt and Holmes LLP Sawicki & Lauten LLP Houston, TX Dallas, TX Dallas, TX

CRAIG BALL CLYDE J. “JAY” JACKSON III LEE H. SHIDLOFSKY Attorney and Forensic Technologist, Certified Abraham Watkins Nichols Sorrels & Friend Shidlofsky Law Firm PLLC Computer Forensic Examiner Houston, TX Austin, TX Austin, TX HON. PHIL W. JOHNSON LEWIS SIFFORD JOHN B. BECKWORTH The Supreme Court of Texas Sifford, Anderson & Co., P.C. The University of Texas School of Law Austin, TX Dallas, TX Houston, TX SEAN D. JORDAN STEPHEN D. SUSMAN HON. JEFFREY S. BOYD Sutherland Asbill & Brennan LLP Susman Godfrey LLP The Supreme Court of Texas Austin, TX New York, NY Austin, TX DAVID KELTNER MARK I. UNGER KAREN C. BURGESS Kelly Hart & Hallman LLP The Unger Law Firm, PC Richardson & Burgess LLP Fort Worth, TX San Antonio, TX Austin, TX PAULA KNIPPA THOMAS C. WRIGHT ELAINE GRAFTON CARLSON Slack & Davis Wright & Close, LLP South Texas College of Law Austin, TX Houston, TX Houston, TX KEVIN L. LEAHY HON. LEE YEAKEL JEREMY COUNSELLER The University of Texas School of Law U.S. District Court, Western District of Texas Baylor Law School Austin, TX Austin, TX Waco, TX PHILIP K. MAXWELL HON. STEPHEN YELENOSKY WARD FARNSWORTH Attorney at Law 345th Judicial Civil District Court The University of Texas School of Law Austin, TX Austin, TX Austin, TX

PLANNING COMMITTEE

WILLIAM J. CHRISS—CO-CHAIR RACHEL GIESBER CLINGMAN PHILIP K. MAXWELL Law Office of William J. Chriss, P.C., Of Counsel to Sutherland Asbill & Brennan LLP Attorney at Law Gravely & Pearson, L.L.P. Houston, TX Austin, TX Austin, TX CLAUDIA WILSON FROST ADAM T. SCHRAMEK JIM M. PERDUE JR.—CO-CHAIR DLA Piper LLP Norton Rose Fulbright Perdue & Kidd, LLP Houston, TX Austin, TX Houston, TX STEVEN GOODE JOHN F. SULLIVAN III CRAIG BALL The University of Texas School of Law WattBeckworth Attorney and Forensic Technologist, Certified Austin, TX Houston, TX Computer Forensic Examiner Austin, TX LISA BOWLIN HOBBS KENT C. SULLIVAN Kuhn Hobbs PLLC Sutherland Asbill & Brennan LLP KARL BAYER Austin, TX Houston, TX Dispute Resolution Expert Austin, TX JAMES HOLMES MARK C. WALKER Schmidt and Holmes LLP Cox Smith Matthews Incorporated QUENTIN BROGDON Dallas, TX El Paso, TX The Law Offices of Frank L. Branson, P.C. Dallas, TX SEAN D. JORDAN Sutherland Asbill & Brennan LLP KAREN C. BURGESS Austin, TX Richardson & Burgess LLP ABOUT THE COVER Austin, TX HOLLIS L. LEVY 1/2 3/4 The University of Texas School of Law Meringue I, 35 ” x 27 ”, paper collage, is by ELAINE GRAFTON CARLSON Austin, TX Philip Durst. For more information, visit www. South Texas College of Law davisgalleryaustin.com/artist.durst.html. Houston, TX

phonephone 512-475-6700512.475.6700 „ www.utcle.org „ fax 512.475.6876512-475-6876 HOW TO REGISTER REGISTRATION FORM

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Or mail your registration to: Name [ Mr. / Ms. ] The University of Texas School of Law Firm Attn. Registration PO Box 7759 Address Austin, TX 78713-7759 City State Zip

Or fax to: Telephone Fax 512.475.6876 Registrant’s Email (required) Questions? Call us at 512.475.6700 Assistant’s Email (optional) Invoices, confirmations and receipts are emailed to these addresses.

REGISTRATION— Includes Course Materials and Friday Luncheon Presentation REGISTRATION BENEFITS For Group registration, call 512.475.6700.

1. Select Registration Type Before the Conference: Access course materials— ❑ Registration by Wednesday, October 16, 2013 ...... $550 downloadable PDFs of papers and slides—and ❑ speaker and attendee roster in Your Briefcase 48 Registration after Wednesday, October 16, 2013 ...... $600 hours before the conference. 2. Select Course Materials Format After the Conference: Unlimited access to final, ❑ Electronic Materials on USB Key ONLY complete course materials—downloadable PDFs ❑ Printed Course Binder ONLY of papers and slides—in Your Briefcase.

Bonus eCourses: Complimentary 180-day access IN-HOUSE—For Texas MCLE Credit to Bonus eCourses—with papers, slides, and ConferenceComplete package includes Audio CD Set plus a Printed Binder and MCLE Reporting Form for each participant. audio—for CLE credit you may have missed at the Available for delivery 3–5 weeks after conference date. Shipping included. conference. Available in Your Briefcase 6-8 weeks after the conference. ❑ In-House for 2 ...... $850 Additional participant(s) for $275 each ...... $ TX MCLE Credit Reporting: UT Law CLE can report credit on your behalf directly to the State Bar of Texas. Track your Texas MCLE credit claimed CONFERENCECOMPLETE MATERIALS†—For Research and Self-Study and reported through UT Law CLE in Your Account. Comprehensive Binder and Audio products from the live conference. Available for delivery 3–5 weeks after conference date. Shipping included. Your Account: Create Your Account online at www.utcle.org. Your UT Law CLE Account is ❑ eBinder Download (PDF) ...... $225 created for you as a first-time conference registrant ❑ Printed Binder ...... $275 (mail and fax registrations) with the email address you provide. ❑ Audio Download (MP3) ...... $175 ❑ Audio CD Set ...... $225

†Texas customers—add 8.25% sales tax, or include an Exemption Certificate ...... $ IN-HOUSE AND Sales tax will be invoiced separately on taxable orders for which payment does not include tax. CONFERENCECOMPLETE MATERIALS TOTAL $

In-House METHOD OF PAYMENT Bring the conference in-house. Audio presentations ❑ Check (make check payable to The University of Texas at Austin) and written materials for learning with your colleagues—for Texas MCLE credit. We manage the ❑ VISA ❑ MasterCard ❑ American Express ❑ P.O. accreditation process from approval to reporting. Custom packages available. P.O./Card Number ConferenceComplete Materials ConferenceComplete. Comprehensive Audio and   / Binders from live conferences—for research and self- X Authorized Signature Exp. Date (mm/yy) study. Available for download and shipping.

phone 512-475-6700 „ www.utcle.org „ fax 512-475-6876 37TH ANNUAL PAGE KEETON NON-PROFIT-ORG U.S. Postage CIVIL LITIGATION PAID The University of Texas at Austin October 24–25, 2013 Four Seasons Hotel Austin, Texas THE UNIVERSITY OF TEXAS SCHOOL OF LAW „ „ U T School of Law PO Box 7759 • Austin, TX 78713-7759

This program is not printed or mailed at state expense.

Visit www.utcle.org Email [email protected] Call 512.475.6700 for more information

AUSTIN ABOUT W. PAGE KEETON October 24–25, 2013 W. Page Keeton, Dean Emeritus and W. Page Keeton Chair Emeritus in Tort Law at The University of Texas School of Law was born in McCoy, Texas on August CONFERENCE LOCATION 22, 1909 and passed away on January 10, 1999. During his fifty-eight years of service to The Law School, Page Keeton became known for his remarkably varied and lasting achievements as dean (1949-74), teacher, torts scholar, lawyer and public citizen. Prominent among his publications is the most-cited torts treatise in the world, Prosser & Keeton on Torts (1984).

Four Seasons Hotel When Keeton entered UT Law School in the fall of 1928, there were eight faculty 98 San Jacinto Blvd. members and about 300 students. The standards for admission were low, but the faculty, on the other Austin, TX 78701 hand, were “outstanding.” He was an extremely successful law student, publishing three law review 512.685.8100 pieces and ultimately graduating first in his class. He joined the law school faculty the following year at age 23. He earned a Doctor of Juridical Science from Harvard University in 1936. Special Room Rate: $249 good through September 30 As dean, Keeton was determined that Texas would achieve national recognition as an excellent (subject to availability) law school. He attacked the problem of lack of sufficient funding “to recruit and keep scholars of distinction” on the faculty by founding The University of Texas Law School Foundation and Parking: implemented a highly visible and ambitious program of continuing legal education. In 1997, the City Valet-parking $16 per day during event, of Austin renamed 26th Street so that The Law School is now located at 727 East Dean Keeton Street. $32.50 overnight. Self-parking $12 per day during event. (limited availability)

REASONS TO ATTEND CIVIL LITIGATION KEY DATES

October 16, 2013 • Get the latest updates: recent Texas case law and amended and proposed rules, class action last day for early registration practice in the aftermath of Wal-Mart, dismissal on the pleadings after new Texas Procedural Rule add $50 for registrations 91a, and significant insurance cases received after this time • Learn from top litigators including John Beckworth on arbitration practice, Stephen Susman on October 18, 2013 last day for full refund improving jury trials and reducing expenses, and Lewis Sifford on leading an ethical professional life

October 21, 2013 • Enhance your advocacy and practice skills: get your electronic evidence in and keep your last day for partial refund opponent’s out, effectively use social media in trials and jury selection, bring excitement to the $50 processing fee applied courtroom, get the charge right, eDiscovery for all budgets, tricks and traps in the Texas Civil Practice & Remedies Code, and more October 24, 2013, 8:50 a.m. Conference begins • Hear from Supreme Court Justices on ‘The State of the Judiciary’ and ‘Supreme Court Update’, and other members of the bench on effective advocacy and persuasion Dietary requirements or Accessibility needs? Call 512.475.6700 or email [email protected] • Earn up to 2.50 hours of ethics credit