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.