Overview

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Don't miss the most informative and innovative litigation conference of the year.

Program for Civil Litigation

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9:00 am

HB 4 - One Year Later .50 hr This session will discuss the practical effects of HB 4, including the requirements of pleading and proving product liability cases, and rulings that have addressed the legislative changes to Texas law.

Mikal C. Watts Watts Law Firm - Corpus Christi, TX

9:30 am

Fiduciary Litigation .50 hr A general overview of fiduciary litigation, explaining generally what a fiduciary duty is and how it changes with specific fiduciaries.

Stephen E. McConnico Scott Douglass & McConnico - Austin, TX

10:00 am

Personal Injury and Products Liability Update .50 hr A review of Texas case developments in personal injury and products liability during the last year.

Michael R. Klatt Clark, Thomas & Winters - Austin, TX William C. Powers, Jr University of Texas at Austin - Campus Mail, G3400, USA

10:45 am

Commercial Torts .50 hr A review and update of fiduciary duty, trade secrets, covenants not to compete, tortuous interference, fraud/negligent misrepresentation, vicarious liability, and other current issues.

Tommy Jacks Jacks Law Firm - Austin, TX

11:15 am

Pitching the Gen-X Jury .32 hr They want their MTV. A mystified Boomer explores strategies for the care and feeding of Gen-X jurors, weaned on the sound bytes, video games and just-in-time learning, and the Millennials behind them now old enough to serve.

Craig D. Ball - Austin, TX

11:35 am

Supreme Court Update .50 hr A review of Texas Supreme Court opinions handed down during the past year, with emphasis on cases involving product liability and personal injury.

Scott A. Brister Supreme Court Of Texas - Austin, TX

1:30 pm

Texas Procedure Update .50 hr An update on appellate decisions and rule changes concerning Texas Civil Procedure over the last year.

Alexandra W. Albright Univerisity Of Texas Law School - Austin, TX

2:00 pm

Electronic Discovery .50 hr The session will discuss anticipating and meeting electronic discovery challenges, avoiding electronic discovery pitfalls, and using computer forensics to find smoking gun evidence and gain tactical advantage.

Craig D. Ball - Austin, TX

2:30 pm

Formation of the Judgment and Calculation of Interest after HB 4 .25 hr 2003 legislative enactments have resulted in substantial changes to the recovery of pre-judgment and post-judgment interest, including the rate of interest and the damages upon which interest is recoverable.

Elaine A. Grafton Carlson South Texas College Of Law - Houston, TX

2:45 pm

The Duty to Defend, the Duty to Settle, and Measuring the Insurer's Liability for Breach .25 hr This session will question and answer what triggers a liability insurer’s duties to defend and settle. What is the hidden flaw in most reservation of rights letters? What must an effective Stowers demand contain and what is the insurer liable for if it breaches its duty to defend or settle?

Philip K. Maxwell Law Offices Of Philip K. Maxwell - Austin, TX

3:00 pm

Class Actions in Texas .25 hr The sea change in Texas class actions which began with Bernal has now culminated with Compaq Computer and amended Rule 42.

Fred Misko, Jr. Attorney at Law - Dallas, TX

3:30 pm

Jury Charge Practice .50 hr An update on broad-form jury charges after Crown Life v. Casteel, with a discussion of lessons learned from history and federal courts.

Richard P. Hogan, Jr. Pillsbury Winthrop Shaw Pittman LLP - Houston, TX Russell Stanley Post Beck Redden & Secrest - Houston, TX

4:00 pm

Discovery Issues under the Patriot Act .50 hr An analysis of the Patriot Act and its implications: balancing privacy versus “need to know”; dealing with leaks and developing information; and civil lessons in what to request in discovery.

Barbara Radnofsky Radnofsky US Senate - Houston, TX

4:30 pm

Transitioning Your Litigation Practice .75 hr Personal injury and plaintiff lawyers are facing new challenges as state legislative initiatives and changes in jury attitudes make practice more difficult. Three leading litigators explain how they have adapted their practices and developed expertise in such areas as representing governmental entities for environmental claims; handling Ad Valorem tax cases on a contingency basis; and patent litigation.

Michael T. Gallagher The Gallagher Law Firm - Houston, TX Edward L. Hohn Nix Patterson & Roach - Daingerfield, TX Fred Misko, Jr. Attorney at Law - Dallas, TX Scott Summy Baron & Budd, PC - Dallas, TX

8:30 am

Property Damage Litigation .50 hr The “other product liability.” Personal injury’s forgotten younger sibling.

William J. Chriss Law Offices Of William J. Chriss, P.C. - Corpus Christi, TX

9:00 am

Removal, Remand and the War between the Courts .25 hr An overview of strategic and practical considerations in removing state cases and in seeking remands by federal courts. What case law and arguments are the strongest? Why are defendants removing cases? When are the removals successful and when do they fail?

James Holmes The Schmidt Firm - Dallas, TX

9:15 am

MDL Comes to Texas .25 hr One of the less-heralded provisions of HB 4 was the creation of a new statewide multidistrict litigation procedure. Texas lawyers have discovered the MDL, and a new day has dawned for the litigation affected.

Stephen G. Tipps Baker Botts - Houston, TX

9:30 am

Roadblocks to Successful Mediation .32 hr Uncover pitfalls and roadblocks that commonly prevent successful mediation.

Mark W. Gilbert Lyon Gorski Baskett Et Al - Dallas, TX

9:50 am

Medical Malpractice .25 hr Notwithstanding the very significant changes brought about by HB 4 in 2003, victims of malpractice in Texas can still achieve significant redress. The challenge for the practitioner is to find new ways of presenting the damages.

Les Weisbrod Morgan & Weisbrod - Dallas, TX

10:05 am

Advertising within the Rules .25 hr This session will cover highlights from the Disciplinary Rules for lawyers who promote the professional services or qualifications of any lawyer or firm.

Lynette K. Fons Beirne Maynard & Parsons - Houston, TX

10:35 am

Libel, Slander, and Commercial Disparagement 1.00 hr Issues facing public figure and private plaintiffs, and media and non-media defendants.

Charles L. Babcock, IV Jackson Walker, L.L.P. - Dallas, TX

10:50 am

How to Succeed in Arbitration .25 hr Arbitration is increasingly common, particularly in international transactions. How and when to structure and exploit this flexible tool for best results.

William H. Knull, III Mayer Brown Rowe & Maw LLP - Houston, TX

11:05 am

Evidence Update .50 hr An update of recent developments under the Texas and Federal Rules of Evidence.

Steven Goode University Of Texas Law School - Campus Mail, D1800, USA

11:35 am

HIPAA-Discovery Issues .25 hr Discovery of health care information in light of HIPAA. What’s protected and how do I get it?

Terry L. Jacobson - Corsicana, TX

11:50 am

Referral Fees .25 hr ethics On June 28, 2004, the State Bar of Texas petitioned the Supreme Court to call a referendum to consider proposed changes to Rule 1.04, Division of Fees, and to Part VII, Information about Legal Services, of the Texas Disciplinary Rules of Professional Conduct. These proposed changes, as well as the Supreme Court’s proposed Rule 8a, Referral Fees, will be discussed.

Richard C. Hile Dies & Hile, LLP - Austin, TX

12:05 pm

Pharmaceutical Litigation Issues .25 hr A review of HB 4 provisions that affect substantive pharmaceutical litigation issues.

Michael R. Klatt Clark, Thomas & Winters - Austin, TX

1:30 pm

Royalty Litigation in 2004 - An Update and a Look Ahead .50 hr A discussion of common current royalty litigation problems, current law, and suggestions on how these issues may be resolved in the future.

John Beckworth Watt, Beckworth, Thompson & Heaneman - Houston, TX Donato D. Ramos Law Office Of Donato Ramos - Laredo, TX Dick Watt Watt Beckworth Thompson & Henneman, L.L. - Houston, TX

2:00 pm

Toxic Torts-Land Contamination .25 hr Current developments in toxic tort litigation.

James L. "Larry" Wright Watts Law Firm - Austin, TX

2:15 pm

ERISA .25 hr A discussion of recent Supreme Court developments and how they impact your trial practice.

Yvonne K. Puig Fulbright & Jaworski L.L.P - Austin, TX

2:30 pm

Qui Tam Litigation .25 hr A discussion of legal developments and cases in Qui Tam litigation.

Claudia Wilson Frost Mayer Brown Rowe & Maw LLP - Houston, TX

2:45 pm

Choice of Law .25 hr Choice of law in national class actions. Relevance of defendant’s conduct outside the forum for determination of punitive damages.

Russell Weintraub - Austin, TX

3:00 pm

Ethical Pitfalls Leading to Disqualification in Texas and Federal Courts .25 hr ethics This session will discuss defending against tactical disqualification motions in litigation.

James M. McCormack Tomblin Carnes McCormack LLP - Austin, TX

3:15 pm

Changes in Disciplinary Procedures .25 hr ethics A discussion of recent revisions to the Texas Rules of Disciplinary Procedure as a result of changes to the State Bar Act.

Dawn M. Evans State Bar Of Michigan - Lansing, MI

Conference Faculty

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Alexandra W. Albright Univerisity Of Texas Law School Austin, TX Charles L. Babcock, IV Jackson Walker, L.L.P. Dallas, TX Craig D. Ball Austin, TX John Beckworth Watt, Beckworth, Thompson & Heaneman Houston, TX Scott A. Brister Supreme Court Of Texas Austin, TX Julie Kennerson Buchanan Fifth Circuit Court Of Appeals Austin, TX William J. Chriss Law Offices Of William J. Chriss, P.C. Corpus Christi, TX Richard David Deutsch Mayer, Brown, Rowe & Maw, LLP Houston, TX Dawn M. Evans State Bar Of Michigan Lansing, MI Michael Farley Scott, Douglass & McConnico L.L.P. Austin, TX Lynette K. Fons Beirne Maynard & Parsons Houston, TX Claudia Wilson Frost Mayer Brown Rowe & Maw LLP Houston, TX Carol Funk The Supreme Court of Texas Austin, TX Michael T. Gallagher The Gallagher Law Firm Houston, TX Mark W. Gilbert Lyon Gorski Baskett Et Al Dallas, TX Steven Goode University Of Texas Law School Campus Mail, D1800, USA Justin Ryan Goodman Heard, Robins, Cloud & Lubel L.L.P. Houston, TX Elaine A. Grafton Carlson South Texas College Of Law Houston, TX Richard C. Hile Dies & Hile, LLP Austin, TX Richard P. Hogan, Jr. Pillsbury Winthrop Shaw Pittman LLP Houston, TX Edward L. Hohn Nix Patterson & Roach Daingerfield, TX James Holmes The Schmidt Firm Dallas, TX Tommy Jacks Jacks Law Firm Austin, TX Terry L. Jacobson Corsicana, TX

Anne McGowan Johnson Haynes And Boone Dallas, TX Michael R. Klatt Clark, Thomas & Winters Austin, TX William H. Knull, III Mayer Brown Rowe & Maw LLP Houston, TX Philip K. Maxwell Law Offices Of Philip K. Maxwell Austin, TX Stephen E. McConnico Scott Douglass & McConnico Austin, TX James M. McCormack Tomblin Carnes McCormack LLP Austin, TX Alex M. Miller Watts Law Firm San Antonio, TX Fred Misko, Jr. Attorney at Law Dallas, TX Priscilla R. Owen Austin, TX Russell Stanley Post Beck Redden & Secrest Houston, TX William C. Powers, Jr University of Texas at Austin Campus Mail, G3400, USA Yvonne K. Puig Fulbright & Jaworski L.L.P Austin, TX Barbara Radnofsky Radnofsky US Senate Houston, TX Donato D. Ramos Law Office Of Donato Ramos Laredo, TX Josh Romero The Supreme Court of Texas Austin, TX Scott Summy Baron & Budd, PC Dallas, TX Stephen G. Tipps Baker Botts Houston, TX Timothy James Tyler Mayer Brown Rowe & Maw LLP Houston, TX Dick Watt Watt Beckworth Thompson & Henneman, L.L. Houston, TX Mikal C. Watts Watts Law Firm Corpus Christi, TX Russell Weintraub Austin, TX Les Weisbrod Morgan & Weisbrod Dallas, TX David Drew Wright Austin, TX James L. "Larry" Wright Watts Law Firm Austin, TX

Planning Committee

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Leslie A. Benitez —CO-CHAIR Clark Thomas & Winters PC Austin, TX Brent M. Rosenthal —CO-CHAIR Dallas, TX John Beckworth Watt, Beckworth, Thompson & Heaneman Houston, TX William J. Chriss Law Offices Of William J. Chriss, P.C. Corpus Christi, TX Michael J. Esposito The University of Texas School of Law Austin, TX Lynette K. Fons Beirne Maynard & Parsons Houston, TX Claudia Wilson Frost Mayer Brown Rowe & Maw LLP Houston, TX Michael T. Gallagher The Gallagher Law Firm Houston, TX

Steven Goode University Of Texas Law School Campus Mail, D1800, USA Elaine A. Grafton Carlson South Texas College Of Law Houston, TX James Holmes The Schmidt Firm Dallas, TX Tracy Walters McCormack University Of Texas At Austin Austin, TX Fred Misko, Jr. Attorney at Law Dallas, TX William C. Powers, Jr University of Texas at Austin Campus Mail, G3400, USA R. Jo Reser Davidson & Troilo, P.C. San Antonio, TX James L. "Larry" Wright Watts Law Firm Austin, TX

Hotels/Venues

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Key Dates: Cancellations, last-minute registrations, and related charges

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Austin Last day for early registration: Oct 20, 2004, 5 p.m. — Add $50 for registrations received after this time Last day for full refund: Oct 22, 2004, 5 p.m. Last day for partial refunds: Oct 25, 2004, 5 p.m. $50 processing fee applied

Credit Hours

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MCLE

Texas MCLE: Course #000070701  11.75 hrs,  includes 0.75 hrs ethics Credit is submitted to the State Bar of Texas within seven business days following the conference. To claim immediate credit, self-report via the SBOT web site at http://www.texasbarcle.com/CLE/home.asp Other Jurisdictions: LA, NM, OK, NV, etc. Many jurisdictions accept courses offered by the University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your state bar association. A Certificate of Completion, and related course reporting documentation for MCLE credit will be available at the conference.

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