eCourses

Session 01: Update on Appellate Rules Changes - The Supreme Court has been busy with amendments to the TRAPs, both on its own initiative and at the direction of the Legislature. See how the changes will affect your practice (and why you won’t have to sign any more certificates of service in your appeals but you might need to update your template for petitions for review). Session 02: Preservation of Error Update - An overview of recent cases regarding preservation of error. Session 03: Supersedeas and Post-Judgment Proceedings - The ability to supersede a judgment is often critical to preserving a party’s appellate rights. Hear an overview of the process for superseding a judgment, highlighting the 2023 changes to the Civil Practice & Remedies Code and Appellate Rules focused on alternative security. The presentation also touches on post-judgment discovery and execution. Session 04: Jury Charge Update - Recent developments impacting civil jury charges and strategies involved in preparing and preserving error on them. Session 05: District Court Judges Panel - A discussion of how district court judges feel about having appellate counsel at trial. And, how appellate counsel can be most beneficial at certain stages of the trial.

Includes: Video Audio Paper Slides

Texas Lawyers voted in April to adopt 12 new Disciplinary Rules and a new Rule of Disciplinary Procedure. So, based upon the results, how should lawyers expect the practice to change? Is there anything we need to do or understand right away?

Includes: Video Audio Slides

Session 01: Practicing in the Fifth Circuit: A Few Things Attorneys Need to Know - An operational update on court operations with an emphasis on practice tips and new applications designed to assist the appellate practitioner.  Session 02: U.S. Fifth Circuit Update - This presentation covers the most interesting cases about civil litigation from the U.S. Court of Appeals for the Fifth Circuit in the past year. Session 03: U.S. Supreme Court Update - An overview of major decisions and trends from the Supreme Court’s 2023-2024 term.

Includes: Video Audio Paper Slides

Session 01: Federal Employment Law Update - Analyze recent U.S. Supreme Court and Fifth Circuit decisions, federal legislative developments, and administrative actions. Session 02: Developments In Wage-Hour Compliance and FLSA Litigation - An overview of annual developments in the field of wage-and-hour law, including case law updates, regulatory changes, and more. Session 03: Major Developments Under the NLRA Amid the Resurgence of Organized Labor - NLRB Update: A detailed review of the numerous changes that affect unionized and non-unionized workers and employers that have occurred in the last 12 months under the National Labor Relations Act.  Session 04: NLRB: An Inside the Beltway Perspective on the New Direction of Federal Labor Policy - The new NLRB majority is pushing beyond traditional boundaries in its effort to transform federal labor policy affecting both union and non-union workplaces. Review the most significant recent developments and discuss other potential future changes. Session 05: The Evolving Law of Disability Discrimination and Accommodation - A comprehensive review of significant regulatory and court developments under the Americans with Disabilities Act and insights into emerging disability issues.

Includes: Video Audio Paper Slides

Examine employment-related developments under Texas state law, including a discussion of significant new Texas cases. Also, explore important trends developing in other states, and what they might mean for Texas.

Includes: Video Audio Paper Slides

Session 01: Texas Supreme Court Update - Explore recent opinions issued by the Court in the current term. Session 02: Texas Supreme Court by the Numbers - A new look at what has been happening with petitions and what that suggests about your client's odds. Session 03: Texas Supreme Court Panel - Hear a candid conversation among the Justices about what is new at the Court, the state of the docket, and ways practitioners can improve their chances of securing discretionary review for their clients.

Includes: Video Audio Paper Slides

Gain insight on some key bankruptcy and insolvency concepts and hear about both protectionist and opportunistic strategies for a variety of bankruptcy/insolvency related matters.

Includes: Video Audio Paper

Discuss the current state of using Generative AI in handling appeals, including current tools and techniques for legal research, brief writing, and oral argument preparation. Also cover ethical issues involving the use of large language models to assist preparation of appeals and discuss some near-future possibilities for Generative AI.

Includes: Video Audio Slides

Hear legal and practical issues with generative artificial intelligence for employers and employees. Learn best practices for drafting acceptable use policies and procedures and human resources training for hiring and promotion of employees.

Includes: Video Audio Slides

Session 1: Investigating Sensitive Employment Complaints​- The investigation of an employee's complaint may be critical to an employer's only means of avoiding liability. The investigator may be a witness, and the notes may be evidence. Learn how to investigate and document the process. Session 2: Handling and Responding to an Investigation (When Your Employees Are Remote) - As a result of the COVID-19 pandemic, many companies have transitioned important business functions from in-person to fully remote. Listen to a discussion about key practical issues for companies to consider when carrying out investigations in the remote working environment. Session 3: Whistleblowers - A plaintiff-side and defense-side lawyer discuss protections and pitfalls for individuals and employers under state and federal whistleblower statutes. Session 4: The New Landscape for Sexual Harassment Claims in Texas - Texas lawmakers have recently expanded the protections for employees asserting sexual harassment claims. Analyze the new longer statute of limitations, broader definition of employer, potential individual liability, heightened duty to respond, and more. Session 5: Employee Activism and Workplace Political Speech - Analyze legal and practical implications of employee activism and political speech including best practices for employee training, policy development, and navigating related day-to-day workplace realities. Session 6: Mediation Strategies, Solutions and Lessons Learned - The success of mediation is influenced by the information exchanged in advance, the type of mediation (remote or in-person), the inclusion or exclusion of a joint opening session, and many other factors. This panel discusses best practices for opening lines of communication, getting past the impasse, and finding a resolution. Session 7: Ethics: Can We Talk? - This session explores the limits on attorney communication with employees, former employees, and other potential witnesses in the context of employment litigation. Special attention will be given to the ethical considerations associated with joint representation of a party and a potential witness, including concerns surrounding the use of such representation to limit the ability of the other side to communicate with a potential witness.

Includes: Video Audio Paper Slides

Session 1: The Duty of Technology Competence - Understand the importance of technology competence for your practice and the ethical obligations to be competent. Explore the current landscape and recent decisions in this area, as well as common problem areas for attorneys. Session 2: Conducting Cost-Effective E-Discovery and the Use of Technology Assisted Review (TAR) - Examine how technology-based processes, specifically technology assisted review (TAR), can be cost-effective and efficient solutions for e-discovery in litigation. This session highlights situations where TAR is often the preferred tool over attorney review and flags times that it is not, and discusses how to address contentious issues that may arise in TAR-related negotiations with opposing counsel.  Session 3: Communication - Attorneys have a duty to keep client communication secure. Get practical tips on conducting communication with the courts or with opposing counsel, as well email filtering and its impacts on communication including filing deadlines, etc. Session 4: Cybersecurity and Protecting Against Cyber Scams - An informative program about the legal standards that govern a compliant cybersecurity program as well as an update about the ethical duty of technology competence that affects all Texas lawyers. Session 5: ChatGPT Ethics - Topic description generated by ChatGPT: Using ChatGPT for legal purposes promises efficient information processing, yet raises ethical concerns including client confidentiality and the risk of providing inaccurate advice. It is paramount that attorneys ensure adequate supervision, maintain professional discretion, and stay vigilant about the tool's limitations to uphold their ethical obligations.

Includes: Video Audio Paper Slides

From preserving venue challenges to engaging in the bellwether process, navigating the appellate issues in multi-district litigation can be complex. Dive into the most common appellate issues using recent MDL’s as examples.

Includes: Video Audio Paper Slides

This session addresses key tax issues relating to charitable giving currently faced by colleges and universities (and their donors). How should your institution handle donor requests for involvement in scholarship selections, or for race- or gender-based scholarship criteria? As sophisticated donors increasingly turn to strings-attached philanthropy, what opportunities and pitfalls are there in the qualified sponsorship UBTI rules and rules relating to completion of a gift? How can your institution’s donation acknowledgment and Form 8283/8282 practices impact your donors’ likelihood of successfully taking tax deductions for their gifts? Will your institution feel the impact of the newly proposed donor-advised fund regulations? The session discusses both the theory and practice of tackling these questions in the higher education environment.

Includes: Video Audio Slides

Includes: Video Audio Paper Slides

This panel discusses the shift from class actions to mass arbitrations in certain consumer disputes and the response from arbitral bodies, courts, and companies to address mass arbitrations.

Includes: Video Audio Paper Slides

Session 01: Privacy Concerns and Data/Legal Risks for Small to Medium Business and Start-Ups - Join us for a game of “Two Truths and a Lie” with a privacy twist. We’ll review some common areas of confusion for businesses when they approach privacy law for the first time, and offer strategics for leveraging internal and external resources efficiently to navigate the complex landscape. ​Session 02: Cybersecurity Legal Incident Response Preparedness in Today’s Threat Landscape - Explore the intricacies of Cybersecurity Incident Response Preparedness in today's high-threat landscape. Session 03: Insights from the Texas AGs Office - Senior Litigation Counsel Esther Chavez and Assistant Attorney General Tyler Bridegan, key members of the Consumer Protection Division’s Privacy & Data Security team, will update attendees regarding Texas’ newest privacy laws including the new data broker law and implementation of the Texas Data Privacy and Security Act.

Includes: Video Audio Slides No Materials

Learn time-tested techniques for minimizing the risk of grievances and malpractice lawsuits in your appellate practice.

Includes: Video Audio Paper Slides

Hear the latest on matters affecting government employees, including developments in the First Amendment, due process, privacy, political patronage, and state law protections in the public workplace.

Includes: Video Audio Paper Slides

Session 01: What’s It Going to Take: Settlement Value/Monetizing Your Case - As lawyers return to the courtroom after the pandemic slow down, we are seeing large verdicts being returned by juries. Has that affected the settlement value of employment cases? The late Phil Durst had a very popular presentation as to how lawyers value cases. We will apply the Phil Durst Principles to see how lawyers are valuing cases today.  Session 02: The New Balkans: Non-Compete and Restrictive Covenants Under Siege Yet Still Commonplace - Differences amongst the 50 states regarding non-competes creates uncertainty for 30 million employees. Now, the Federal Trade Commission has proposed a rule to ban non-competes. Discuss these developments and focus on recent Texas cases.  Session 03: Why It's Best to Have a Lawyer on the Other Side: Dealing with Pro Se Plaintiffs and Lawyer-Less Defendants - A discussion of the ethical considerations when dealing with pro se litigants and zealously representing your client.

Includes: Audio Paper Slides

We all see multiple stories about the rapid growth and entry into our daily lives of artificial tools. They seem to be everywhere. It is difficult to overstate how much things change with the rise of these new technologies, or how important it is that companies embrace the opportunity to execute it correctly. Having conversations regarding the proper embrace of these technologies and these tools is a crucial first step, including drafting policies to assist lawyers with their beneficial and thoughtful adoption and use of these technologies. This presentation defines the state of artificial intelligence tools, what benefits and risks exist, and finally steps to begin embracing these technologies with appropriate guardrails, policies, and training. It is less likely that artificial intelligence will destroy industries, and much more likely that companies that embrace artificial intelligence will take overtake those companies that do not embrace artificial intelligence.

Includes: Video Audio Slides