Eastern District Bench Bar Conference Plano Marriott Legacy Town Center 7121 Bishop Road, Plano, Texas 75024 888.236.2427 • 972.473.6444 October 24, 25 & 26, 2012 THE ART OF PERSUASION: A TEXAS PERSPECTIVE 9:40 AM Choosing When & Where to Fight & What to Wednesday, October 24, 2012 Fight About Lessons from the Texas War of Independence. The 11:30 Golf - The Honors Golf Club Dallas Alamo, Goliad & San Jacinto. Great battles and Sponsored by: Haltom & Doan, McKool Smith, PC how they were decided by the general who carefully & Winston & Strawn LLP defined the battlefield, or didn’t. Moderator: Jay Johnson, Former General Counsel, 6:00 - 7:30 PM Opening VIP Reception Texas Instruments (Retired) Panelists: Alan Fisch, Trinity Salons II-IV Sponsored by: StoneTurn Group Rocky Schwartz, Shamoil Shipchandler & Arnold 10:00 PM Private Showing of “Bernie” at Angelika, Plano Spencer Legacy Town Center - 7205 Bishop Road (short walk) 10:30 AM BREAK Trinity Foyer Thursday, October 25, 2012 10:50 AM Voir Dire to Opening Statements. The First 7:30 - 8:30 AM Breakfast Trinity Salons I-II Impression From “vwahr deer” or “vorr DY-urr” to whether it’s Trinity Salons I-II Sponsored by: Dovel & Luner LLP; Findlay Craft, LLP & Munck Wilson Mandala LLP an opening argument or opening statement. Views from the trenches to the benches. 8:30 AM Opening of Conference Moderator: Sam Baxter Panelists: David Beck, Trinity Salons I-II President Eric Albritton & Chairman Clyde Siebman Scrappy Holmes & Judge Michael Schneider 8:35 AM Welcome from the Chief 11:40 AM Preparing, Presenting & Cross-examining the Chief Judge Leonard Davis Interested & Expert Witness 8:50 AM Former Judges: Walking & Talking From snitches to inventors to experts to corporate Among the Mortals representatives, exploring the challenges of Former judges speak plainly about what every judge presenting and cross-examining interested would like to say, but can’t. What judges like, don’t witnesses. like, and what lawyers should do, but they don’t. Moderator: Trey Yarbrough Panelists: Robb Former Chief Judge David Folsom & former Judge Adkins, Henry Bunsow & Judge Don Bush Chad Everingham Thursday, October 25, 2012

12:30 PM Lunch 3:45 PM Ethical Considerations of the Client Chase Trinity Salons I-II Sponsored by: Akin Gump Strauss Hauer & Feld, Discussion of ethical guidelines and law practice LLP; Hartline Dacus Barger Dreyer LLP & Williams, pressures impacting a wide range of activities Morgan and Amerson, PC including advertising, solicitation and representing co-defendants and witnesses. Remarks from Judge Carl Stewart, Fifth Circuit Court of Appeals Moderator: David Fisher. Panelists: Guy Harrison; Luke Ashley; Geoff Eaton & Mike Miller 1:45 PM Closing the Deal Can the case be won or lost in the closing 4:45 PM East Texas Ethics & Etiquette argument, and how? Discussion of survey results of what to do and not do in East Texas. Moderator: Judge T. John Ward. Panelists: Michael Gibson, George Pappas & Robert Van Moderator: Lance Lee Panelists: Judge John Nest Love, Amanda Abraham & Jennifer Truelove

2:30 PM It’s Only Words, But Words Are All We Have 5:30 PM Adjourn What you should file, when you should file it, and what you should never file. What you should say, 6:15 PM Chief Judge & President’s Reception how you should say it, and what you should never Trinity Foyer Sponsored by: Locke Lord Bissell & Liddell LLP & say. Research in Motion/Blackberry Moderator: Merrie Spaeth, Spaeth 7:30 PM Chief Judge & President’s Dinner Communications, Inc. Panelists: Judge William Trinity Salons I-II Sponsored by: Alston & Bird; Duff & Phelps; Bryson, Judge Carl Stewart, Judge Rodney Potter Minton, PC & Thompson & Knight LLP Gilstrap & Samara Kline Judge Ken Starr, President, Baylor University, 3:30 PM BREAK Keynote Address Trinity Foyer Thursday, October 25, 2012 Focus on Patent Law Trinity Salons I-II

9:30 - 11:30 PM Dancing With Emerald City 10:45 AM The DFW USPTO: Who, What, When & Where? Trinity Salons III-IV Sponsored by: Greenberg Traurig Texas Discussion of what to expect as the USPTO & The Roth Law Firm prepares to open its Regional DFW office Judge James Smith, Chief Administrative Patent 10:00 PM Late Night Special Dessert & Coffee/Tea Judge, USPTO & Hilda Galvan Trinity Salons III-IV

11:05 AM Key ED Texas Patent Decisions & Federal Circuit Trends Review of leading ED Texas patent decisions and Friday, October 26, 2012 trends in Federal Circuit Moderator: Michael Smith Panelists: Jennifer 7:00 - 8:30 AM Breakfast Parker Ainsworth, Peter Corcoran & Judge Roy Trinity Salons I-II Sponsored by: Baker & Botts LLP; Davis Firm, Payne PC & Kenyon & Kenyon LLP 11:50 AM Into the Future: What’s Ahead? 8:30 AM Story Telling & the Art of Persuasion A focus on what lies ahead for intellectual property. Trinity Salons I-II Karen Smolar, Esq., Trial Chief, Bronx Defenders Is the patent bargain changing? Where do trade Academy; Doug Cawley & Fay Morisseau secrets fit in? Is IP protection an economic engine for America? 9:45 AM Former Juror Panel Moderator: Professor Xuan-Thao Nguyen, SMU Persuasion seen from inside the box Dedman School of Law Panelists: Bart Showalter Judge Judith Guthrie, Jason Cassel & Jennifer & Professor David Taylor, SMU Dedman School of Doan with mystery jurors from closed cases Law

10:30 AM BREAK 12:35 PM Joint Session Lunch Trinity Foyer Trinity Salons I-II Sponsored by: Cooley LLP; King & Spalding LLP & Winston & Strawn LLP Remarks by Rusty Hardin Friday, October 26, 2012 Focus on Criminal Law Trinity Salons III-IV

1:30 PM Balancing the Equities & Interests: 10:45 AM eDiscovery and ESI Do Defendants Really Want to Go It Alone? Panel discussion of the recently released ESI Panel discussion on the issues of scheduling, claim protocol for use in federal criminal cases developed construction and trial in situations where a patent through a collaborative effort with the Courts, is alleged to be infringed by multiple parties Department of Justice and the defense bar. Moderator: Charles “Chip” Molster Panelists: Chief Marlo Cadeddu, Northern District of Texas Judge Leonard Davis, Larry Gotts, Ronald Schutz Electronic Discovery Coordinator & Sean & Frank Pietrantonio Broderick, National Litigation Support Administrator with the AO of US Courts 2:15 PM What Does Technology Have To Do With It? Panel discussion on the interplay between the 11:45 AM Key Supreme Court, Fifth Circuit technology side of a patent case and the art of and ED Texas Criminal Law persuasion that is involved in other civil jury trials. Decisions of 2011-2012 Judy Madewell, Assistant Federal Public Defender, Moderator: Phillip Philbin Panelists: David Keyzer, Western District of Texas Scott Partridge & Carl Roth 12:35 PM Joint Session Lunch 3:00 PM Patent Dim Sum. The Ultimate Judge’s Panel Sponsored by: Cooley LLP, King & Spalding LLP & Interactive discussion between attendees Winston & Strawn LLP and Eastern District of Texas Judges on hot topics ranging from infringement and invalidity Remarks by Rusty Hardin contentions to MDLs, discovery & damages. What is on the mind of bench and bar? 1:30 PM Preservation of Error: Avoiding Plain Error Review Moderator: Johnny Ward Panelists: Chief Judge Discussion of preservation of error during pre-trial Leonard Davis, Judge Ron Clark, Judge Rodney and trial. Gilstrap, Judge Michael Schneider, Judge Caroline Craven, Judge Keith Giblin, Judge John Love & Judge Jennifer Elrod, Fifth Circuit Court of Appeals; Judge Amos Mazzant Deborah Pearce & Bryan DeTray, Fifth Circuit Court of Appeals, Staff Attorney’s Office 11:45 AM Re-Emerging Oil and Gas Litigation Friday, October 26, 2012 Royalty and working interest disputes and contract cases 2:15 PM Cybercrimes Dick Watt, Watt Beckworth Computers are gifts which just seem to keep on giving when it comes to federal criminal 12:35 PM Joint Session Lunch prosecutions. This session will focus on federal Sponsored by: Cooley LLP, King & Spalding LLP & computer and internet crimes such as hacking, Winston & Strawn LLP identity theft, cyber-stalking, unauthorized password use, and fraud. Remarks by Rusty Hardi Ken Hawk, Assistant Federal Public Defender, 1:30 PM Thinking Outside the Box Eastern District of Texas Developing and defending new causes of action when recovery options are shrinking 3:00 PM Effective Advocacy at Sentencing Panel discussion of sentencing trends and issues, Kurt Kern & Todd Tracy and how to persuade the Court. 2:15 PM The East Texas Tool Box: What Seasoned Trial Judge Marcia Crone, Judge Richard Schell & Lawyers Use to Persuade Jurors Judge Zack Hawthorn; Malcolm Bales, United Judge Robert Parker; Judge Judith Guthrie; States Attorney, Eastern District of Texas & Pat George Chandler & Tom Melsheimer Black, Federal Public Defender, Eastern District of Texas 3:00 PM Cognitive Biases; A Look at the Science of Persuasion Stanley Curbo (Courtroom Sciences, Inc.) Focus On General Civil Litigation San Jacinto 4:00 - 4:30 PM Annual Meeting of ED Texas Bar Association 10:45 AM Key EDTX Non-Patent Decisions of 2011-2012 A discussion and update regarding recently 4:30 - 6:30 p.m. Stop over for a Farewell Reception and Kick- decided significant decisions from the Eastern off for 2013 ED Texas Bench/Bar Conference District of Texas. Planning, Center for American & International Law, 5201 Democracy Drive, Plano, Directions (One mile Sean Rommel; Melissa Smith & Michael Truncale or less, South on Bishop toward Danielle Rd; rt onto Danielle; 1st Left onto Bishop; Take the 1st Left onto Tennyson Pk; Turn Right onto Democracy Dr, 5201 Democracy is on the right), 972.244.3430, Mark Smith, VP, Host. 2012 Conference Sponsors

Akin Gump Strauss Hauer & Feld, LLP Lance Lee, Attorney at Law Albritton Law Firm Latham & Watkins LLP Alston & Bird LLP Locke Lord Bissell & Liddell LLP Antonelli, Harrington & Thompson LLP McKool Smith, PC Baker Botts Morgan, Lewis & Bockius LLP Beck Redden & Secrest, LLP Munck Wilson Mandala LLP Law Offices of Frank L. Branson, PC Nix, Patterson & Roach LLP Capshaw DeRieux, LLP Parker, Bunt & Ainsworth, PC Center for American & International Law Potter Minton, A Professional Corporation Collins, Edmonds, Pogorzelski Schlather & Tower PLLC Research In Motion/Blackberry Cooley LLP Rimkus Consulting Group, Inc. CourtCall Robins, Kaplan, Miller & Ciresi LLP Davis Firm, PC The Roth Law Firm, PC Dovel & Luner LLP Siebman, Burg, Phillips & Smith, LLP Duff & Phelps Stevens | Love East Texas Litigation Consulting, LLC StoneTurn Group Findlay Craft, LLP Tadlock Law Firm Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Thompson & Knight LLP Fulbright & Jaworski LLP Vinson & Elkins LLP Gillam & Smith, LLP Weil, Gotshal & Manges LLP Greenberg Traurig Williams, Morgan & Amerson, PC Haltom & Doan Wilson, Robertson & Cornelius Hartline Dacus Barger Dreyer LLP Wilson Sonsini Goodrich & Rosati PC Hitchcock Evert LLP Winston & Strawn LLP Jackson Walker LLP Yarbrough Wilcox Gunter, PLLC Kaye Scholer LLP Kenyon & Kenyon LLP King & Spalding LLP * Event Sponsors Indicated In Bold Klemchuk Kubasta LLP Partial list of sponsors at time of publishing Kramer Levin Naftalis & Frankel LLP 16th Annual Eastern District of Texas Bench Bar Conference Chief Judge Leonard Davis • ED Texas Bar President Eric Albritton Conference Chairman: Clyde M. Siebman Planning Committee Amanda A. Abraham Elisabeth Evert Mark C. Nelson Eric Albritton Rosa Ferguson Xuan-Thao Nguyen Joel Androphy Alan Fisch Hubert Oxford Patrick Arenz Mark Flagel Brian H. Pandya Stephanie Barnes Debby Gunter Michael Pegues Natalie Bennett Bryan Haynes Larry Phillips Elizabeth Black Berry David Healey John Pickett Patrick Black John M. Hintz Alan Ratliff Charles Bundren Gary Hoffman Mark Reiter Jason Butscher James Holmes Erick Robinson Jason Cassel Leeanna Izuel Mark Smith Douglas Cawley Robert Jarvis Michael C. Smith Pete Chassman Jay Johnson Arnold Spencer Michael Chibib Mike Jones David Stein Max Ciccarelli Kevin Kudlac E. Glenn Thames, Jr. Peter Corcoran Lance Lee Andy Tindel William Cornelius, Jr. David Maland Michael Truncale Judge Caroline Craven Kirk Mathis Daniel E. Venglarik Jennifer Doan Mike C. Miller Claude E. Welch Steve Edwards Nicole Mitchell Trey Yarbrough Chad Everingham Charles “Chip” Molster THURSDAY EVENING RECEPTION SPONSORS Don’t miss the John H. Hannah, Jr. Award The Bar Association is seeking conference sponsors. for Public Service. Music and dancing will be If interested, contact Elizabeth Black Berry at provided by Emerald City. Smart Casual Attire. (713) 546-5055 or [email protected] CONFERENCE CONTINUING EDUCATION October 24-26, 2012 • Plano Marriott Legacy Town Center This course is pending approval for Minimum Continuing 7121 Bishop Road, Plano, Texas 75024 Legal Education credit by the State Bar of Texas Committee 888.236.2427 • 972.473.644 on MCLE in the amount of 13.0 Participatory credit hours of which 2.5 credit hours will apply to legal ethics. REGISTRATION This course is also pending approval by the Texas Board Register today by fax or email. of Legal Specialization for certification and recertification Mail attached registration form and your check payable to: continuing legal education requirements for attorneys Eastern District of Texas Bar Association and legal assistants in the following specialty field: c/o Siebman, Burg, Phillips & Smith, LLP Civil Trial Law 13.0 approved hours. 300 North Travis, Sherman, TX 75090 Criminal Law 13.0 approved hours. Email or fax courtesy copy of registration form to [email protected] or FAX 903.870.0066 HOTEL RESERVATIONS Through October 1, 2012 conference rate applies at DEADLINE FOR REGISTRATION $159 + tax per night with complimentary self-parking. is September 28, 2012. Please make reservations by calling Marriott Reservations Additional fee of $100 applies after September 28. at (888) 236- 2427 or directly with the hotel (972) 473-6444 and reference the Eastern District of Texas Bar Association. REGISTRATION FEE INCLUDES Opening reception, private showing of “Bernie” at Angelika, opening breakfast, lunch, refreshment breaks, cocktail reception, dinner & dancing on Thursday, buffet breakfast & lunch on Friday & CLE. Register your spouse or significant other for social activities & Thursday evening dinner for $100. 16th Annual Eastern District Bench Bar Conference Wednesday, Thursday and Friday, October 24, 25 and 26, 2012 REGISTRATION FORM

Name: ______Firm: ______Address: ______City: ______State: ______Zip: ______Telephone: ______Fax: ______E-mail: ______My guest will attend the Thursday evening reception and dinner? Yes ______No ______Guest’s name ______($100 Fee Applies)

E.D. TEX. BAR ASSOCIATION RENEWAL AND CONFERENCE REGISTRATION FEES: ____ I wish to register for the conference ($695) ______(ED Texas CJA Panel Members & Government Lawyers ($495))

____ I wish to participate in the Golf Tournament ($100) ______

____ My Spouse/Significant Other Registration for social activities($100) ______(includes Receptions, “Bernie”, Dinner, After Dinner Cocktails & Dancing)

____ I wish to renew my membership/join the ED Texas Bar Association ($75.00) ______

____ Register after September 28, 2012; late registration will be an additional ($100.00) ______(on a space available basis.) TOTAL: ______

RESPONSE REQUESTED BY SEPTEMBER 28, 2012 AFTERWARDS, THERE WILL BE AN ADDITIONAL FEE OF $100 NO REFUNDS AFTER OCTOBER 1, 2012

MAIL THIS REGISTRATION FORM AND YOUR CHECK PAYABLE TO: EASTERN DISTRICT OF TEXAS BAR ASSOCIATION c/o Siebman, Burg, Phillips & Smith, LLP 300 North Travis, Sherman, TX 75090 EMAIL OR FAX COURTESY COPY OF REGISTRATION FORM TO [email protected] or FAX 903.870.0066

To make hotel reservations call the Marriott Dallas/Plano Marriott at Legacy Town Center at (888) 236- 2427 or (972) 473-6444 and reference the Eastern District of Texas Bar Association 2012 Annual Conference or log on to http://www.marriott.com/hotels/travel/dalpt?groupCode=easeasa&app=resvlink&fromDate=10/24/12&toDate=10/26/12. Conference room rate is available until October 1, 2012 at 5 p.m. at $159.99/ night for single or double + taxes.