11 litigation update institute

27th Annual

Litigation Update Institute 2011

Photo Courtesy of the San Antonio Convention & Visitors Bureau

Topics Include: • E-Discovery Update and the Use of Special Masters • Blinking on the Bench: How Judges Make Decisions, presented

by Professor Jeffrey J. Rachlinski of Cornell Law School • Lawyer’s Poker: Using Lessons of Poker to Win Litigation • Unnatural Disasters: Environmental Litigation • Ethics and Professionalism – an interactive presentation with the audience

LIVE San Antonio January 20-21, 2011 Westin Riverwalk Hotel

VIDEO Dallas March 3-4, 2011 Cityplace Conference Center

Course Benefits Include: • Continental breakfast and lunch provided both days • Electrical power for laptops in the meeting room

Course materials available on a USB flash drive

MCLE CREDIT | 14.5 HOURS (2.75 ETHICS)

TexasBarCLE presents the 27th Annual

Litigation Update Institute Cosponsored by the Litigation Section of the State Bar of Texas

live San Antonio January 20-21, 2011 Westin Riverwalk Hotel 210-224-6500

Register by January 6, 2011 and save $50!

Litigation Section members can save $75!

Thursday

7.5 hrs including .5 hr ethics

7:30

Registration and Continental Breakfast

8:15

Welcoming Remarks and Program Introductions Course Co-Directors Carlos Eduardo Cardenas, El Paso Law Office of Joseph (Sib) Abraham, Jr.

video Dallas

March 3-4, 2011 Cityplace Conference Center 214-515-5100

Register by February 17, 2011 and save $50!

Litigation Section members can save $75!

Paula W. Hinton, Houston Vinson & Elkins

8:30

Texas Supreme Court Update .75 hr Hon. Craig Enoch, Austin Justice (Retired) Winstead

9:15

U.S. Supreme Court and Fifth Circuit Update .75 hr David M. Gunn, Houston Beck, Redden & Secrest

10:00 E-Discovery Update and the Use of Special Masters .5 hr

Karl Bayer, Austin

Dispute Resolution Expert

MCLE CREDIT

14.5 HOURS (2.75 ETHICS) MCLE COURSE NO: 901206844 Applies to the College of the State Bar of Texas and to the Texas Board of Legal Specialization in Civil Trial Law, Civil Appellate Law, Family Law and Personal Injury Trial Law. Photo Courtesy of the San Antonio Convention & Visitors Bureau

Hon. W. Royal Furgeson, Jr., Dallas Judge, United States District Court Northern District

12:15 Luncheon Presentation: Blinking on the Bench: How Judges Make Decisions .75 hr

Jeffrey J. Rachlinski, Ithaca, NY

Professor of Law

Cornell Law School 1:00

Break

1:15

Texas and Federal Evidence .75 hr • An interactive presentation with the audience using responder units Moderator: Hon. Linda Yee Chew, El Paso Judge, 327th District Court

Hon. Philip R. Martinez, El Paso U.S. District Judge, Western District El Paso Division

2:00

Business and Commercial Update, Including Business Torts .5 hr Daniel W. Bishop, Austin Bishop, London & Dodds

2:30

10:30 Break 10:45

11:30 Practicing Law and Wellness:

Modern Strategies for Lawyers Dealing With Anxiety, Addiction and Depression

.5 hr ethics

Texas Lawyers Assistance Program

12:00 Break - Lunch Provided

Personal Injury Torts Update .75 hr Jim M. Perdue, Jr., Houston Perdue & Kidd

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Judges Panel .75 hr • The latest legal trends in the courtroom • Tips for practitioners for navigating through various docket systems • Examples of model local rules and procedures

Photo Courtesy of the San Antonio Convention & Visitors Bureau

Moderator: Hon. David Peeples, San Antonio Judge, 4th Administrative Judicial Region

Panelists: Hon. Rose Guerra Reyna, Edinburg Judge, 206th District Court

8:30

3:15

Break

Attorney’s Fees and Judgments .5 hr

• Proving up attorney’s fees

• Collecting judgments and attorney’s fees

• Protecting referral fees

Fidel Rodriguez, Jr., San Antonio

Law Offices of Fidel Rodriguez, Jr.

4:00 Removal and Remand .5 hr

Hon. Xavier Rodriguez, San Antonio

Judge, United States District Court

Western District of Texas

• Suits involving design professionals • Other developments in the past year Matthew B. Cano, Austin Allensworth & Porter

12:00 Break - Lunch Provided

Changes to Texas Disciplinary Rules of Professional Conduct .5 hr ethics Kennon L. Peterson, Austin Rules Attorney Supreme Court of Texas

Thomas H. Watkins, Austin Brown McCarroll

9:30

Unnatural Disasters: Environmental Litigation 1 hr • Theories of liability • How to get claims started • Insurance Brent W. Coon, Beaumont Brent W. Coon, P.C.

9:00

Hon. Mickey Shuffield, Beaumont

Judge, 136th District Court

Hon. Carlos Villa, El Paso

Judge, County Court at Law #5

Expert Witnesses .5 hr • Ways to protect attorney client privilege and work product while working with experts Hon. Harvey G. Brown, Jr., Houston Wright Brown & Close

12:15 Luke Soules Award Presentation 12:30 Luncheon Presentation: “Contempt of Court” 1 hr ethics

Mark S. Curriden, Houston

Vinson & Elkins 1:30

Break

1:45

Energy Law Update .5 hr Walker Friedman, Fort Worth Friedman, Suder and Cooke

2:15

3:30

Labor and Employment Law Update .5 hr Katrina Grider, Cypress Attorney at Law

5:00

Adjourn

4:30

Friday

7 hrs including 2.25 hrs ethics

8:00

Continental Breakfast

8:25

Announcements

10:30 Break

Lawyers’ Poker: Using Lessons of Poker to Win Litigation .75 hr Lawrence D. Rosenberg, Washington, D.C. Jones Day

10:45 Texas Civil Procedure Update

.5 hr

• A highlight of recent developments in Texas law affecting procedural aspects of civil litigation • The course paper contains a comprehensive review of recent case law

Professor Elaine Grafton Carlson, Houston

Stanley J. Krist Distinguished Professor of Texas Law

South Texas College of Law

3:00

Break

3:15

Texas Legends Video Series .75 hr Gibson Gayle, Jr. and Joe H. Reynolds

11:15

Construction Law Update .75 hr • Residential construction disputes • Indemnity • Arbitration clauses

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Ethics and Professionalism .75 hr ethics • An interactive presentation with the audience using responder units

Scott Rothenberg, Houston

Law Offices of Scott Rothenberg

4:45 Adjourn 4:00

fyi

I N F O R M A T I O N Ways to Save on This Course!

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 pre-registrants until the start of the first topic.

Litigation Section Members Can Save $75 by registering no later than the “Register by” date for that course (thereafter, save $25); see the registration form. Not a member? To join, email sections@ texasbar.com 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 of TexasBarSolutions at 512-250-5575 or laura.angle@texasbar.com.

State Bar Policy §7.03.06 Allows Active State and Texas-Area Federal Judges to Attend for Free provided (1) the course is directly related to their tribunal’s jurisdiction, (2) they are full-time judges or judges retired under the Texas Judicial Retirement System and (3) space is available for all paying registrants. This privilege does not extend to receivers, trustees, court staff, or persons serving part-time in any judicial capacity. NOTE: Judges must actually attend to receive course materials.

Parking Information for Attendees Not Staying at the Hotel San Antonio: Westin Riverwalk Hotel – Valet parking is $30 and self-parking is $20. There is a self-parking lot across the street from the hotel for $15 a day, cash only. There are other alternative parking lots in the immediate vicinity.

See http://downtownsanantonio.org/park/parking Dallas: Self-parking in the underground Cityplace garage is complimentary by picking up a validation ticket from the State Bar staff on site.

If You Need Special Accommodations to Attend, please contact us as soon as possible at 800-204-2222, x1797. For the Cityplace Conference Center in Dallas, please call us at 800-204-2222, x1797 in advance of your arrival so that assisted parking can be arranged for drivers of handicapdesignated vehicles.

Registered But Can’t Attend? Still Earn Participatory 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; see “FREE TO OUR REGISTRANTS!,” below. However, if you wish a refund instead, mail or fax (512427-4111) 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, as Well as PDFs of Course Materials, will be available to registrants 6-8 weeks after the course. Provide us your email address when registering and we’ll alert you when these benefits are available and how to access them. (Note: Presentation lengths may vary from that which was advertised.) There’s no extra charge; as a registrant, you’re already entitled!

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.

Photo Courtesy of the San Antonio Convention & Visitors Bureau

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Reserve Your Hotel Room by December 20 Hotel rooms at the Westin Riverwalk in San Antonio 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.

San Antonio LIVE Westin Riverwalk Hotel 420 Market St. San Antonio, TX 78205 210-224-6500 $179 single/double room Deadline: December 20 The reserved block of rooms may fill up before the deadline. Act now!

Dallas VIDEO Cityplace Conference Center 2711 N. Haskell Dallas, TX 75204 214-515-5100 No hotel rooms have been booked for this video showing.

Course Co-Directors Carlos Eduardo Cardenas............................................... El Paso Paula W. Hinton...........................................................Houston

Planning Committee Christy Amuny.......................................................... Beaumont Fred Bowers II..............................................................Lubbock Hon. Craig T. Enoch........................................................ Austin Hon. David L. Evans................................................. Fort Worth Linda S. McDonald................................................San Antonio Michael C. Smith ........................................................Marshall

TexasBarCLE Planning Team Ann H. Kloeckner......................................Sr. Program Attorney Nancy Hatten.......................................... Program Coordinator

Litigation Section of the State Bar of Texas Walker C. Friedman..........................................................Chair Linda S. McDonald.................................................. Chair-Elect Michael C. Smith...................................................... Vice-Chair Pat Long Weaver........................................................Secretary Christy Amuny............................................................ Treasurer Fred Bowers II......................................... Immediate Past Chair

State Bar of Texas Terry Tottenham..........................................................President Pablo Almaguer........................................... Chair of the Board Bob Black.......................................................... President-Elect Roland Johnson................................. Immediate Past President Jennifer Evans Morris.........................................TYLA President F. R. “Buck” Files, Jr................................Chair, CLE Committee Talmage Boston............................Chair, Board PDP Committee Michelle E. Hunter.........................................Executive Director Patrick A. Nester...................................... Director, TexasBarCLE

Registration Form Online

TexasBarCLE.com credit card only

Save up to

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w a y s

Phone

Fax

during business hours credit card only

$75!

Mail

512-427-4111 credit card only

800-204-2222, x1574

State Bar of Texas - CLE LB #972298 P. O. Box 972298 Dallas, TX 75397-2298 check or credit card

Litigation Update Institute

Here is my choice:

Your course registration fee includes a complimentary membership in the State Bar Litigation Section for January 2011 through June 1, 2011 (if you are not already a member.) If you are already a member of the Litigation Section, please take advantage of the $25 discount. If you do NOT want to take advantage of this special offer to join the Litigation Section, please check here: q

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5

Registering five or more?

Email Laura Angle at laura.angle@texasbar.com for group discount information.

5135

I want my course materials format to be:

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I’m entitled to 1 or 2 discounts on the course:

q San Antonio LIVE, January 20-21, 2011. . . . .$545 Take $50 OFF: Register by January 6

Your course registration includes: • Continental breakfast and lunch both days • Convenient access to electricity in the meeting room

r e g i s t e r

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Litigation Update Institute [5135]

q Dallas VIDEO, March 3-4, 2011. . . . . . . . . . . $395 Take $50 OFF: Register by February 17

t o

q Electronic materials (PDFs on a USB drive) q Hard-copy materials (1 notebook) q BOTH so I’ll ADD $80

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 $25 OFF because I’m a member of the State Bar Litigation Section, the State Bar College, the Legal Administrators or Paralegal Division -OR- I am licensed 2 years or less.

$ ___________ is my total for course(s) and materials. q As a judge, I AFFIRM I qualify under §7.03.06 (State Bar Policy Manual) for complimentary admission (see pg. 4).

I can’t attend. Just send course materials.* FREE Shipping & Handling q Course book . . . . . . . . . . . . . . . $155 each† q Course materials on USB drive . . . $155 each†

For information on audio CDs of the course topics, contact our DVD CLE service at 800-204-2222, x1575. MP3 files of the course topics will be downloadable from the Online Classroom at TexasBarCLE.com 6-8 weeks after the course.

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. ___ ___ ___ ___ ___ ___ ___ ___ Name _______________________________________Badge Name________________________ Firm Name/Court _ ________________________________________________________________ Address for Bar-Related Mail ________________________________________________________ City/State_ ____________________________________ Zip________________________________ Phone (

) ___________________________ Fax (

) _ _____________________________

E-Mail: __________________________________________________________________________ A confirmation of your registration will be sent to the email address you provide.

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*PDFs of course materials will be available for purchase 6-8 weeks after the course in the Online Library at TexasBarCLE.com.

Registrants receive access to the PDFs at no additional charge (see “Free to Our Registrants” in this brochure). †Plus 8.25% sales tax on total. Please include sales tax or attach an exemption certificate.

Book and USB orders are shipped separately and filled 4-6 weeks after the live program. A bill will be sent unless a credit card charge is authorized on this form.

QUESTIONS? 800-204-2222, x1574 • 512-427-1574

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

27th Annual Litigation Update LIVE January 20-21, 2011 San Antonio VIDEO March 3-4, 2011 Dallas

NON PROFIT ORGANIZATION

U.S. POSTAGE PAID PERMIT NO. 1804 AUSTIN, TEXAS

The benefits of membership in the Litigation Section

O

ne of the largest State Bar sections, the Litigation Section is committed to providing information and education about important and news-making topics that impact the profession.

All members receive the respected quarterly journal, The Advocate, featuring updates and analyses of issues by some of the state’s most distinguished practitioners.

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.

In 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.

Sections can do much to enhance your professionalism.

Enjoy the benefits of membership in the Litigation Section!

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liti g atio n sectio n . com