The Advocate

Volume 65 * Winter 2013 - Arbitration

Editor's Comments by Lonny S. Hoffman / Chair's Report by Christy Amuny / Sustaining Members of the Litigation Section of the State Bar of Texas / Who Decides Arbitrability (Scope): The Court or Arbitrators? by Ben H. Sheppard, Jr. / Current Topics in International Arbitration by Samuel W. Cooper, Joseph R. Profaizer & Christie A. Mathis / Contractual and Other Defenses to Arbitration by Bill Morrison & Christopher A. Rogers / Avoiding Class Arbitrations: Italian Colors and Beyond by Jeffrey L. Oldham & Yvonne Y. Ho / Texas Courts Should Look to the Basic Principles of Venue When Facing Unconscionability Challenges to Arbitration Agreements by Alejandro Acosta III / However "Good, Bad, or Ugly" – The Supreme Court's Recent Arbitration Cases by Evan A. Young / Drafting an Employment Arbitration Agreement by Clara B. Burns / Advocacy in International Commercial Arbitration by John P. Bowman / Challenging Arbitration Awards in Texas After Hall Street and Nafta Traders by C. Jeffrey Price / Evident Partiality by Christopher D. Kratovil & Anne M. Johnson / FINRA Arbitration: Fighting to Survive by David Bissinger & Gerald Siegmyer / Arbitration of Employment Claims: Challenges and Limits on Enforceability in Texas by Karl G. Nelson & Benjamin D. Williams / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of The Bench by Judge Randy Wilson

   

Volume 64 * Fall 2013 - A Practical Guide to Obtaining, Enforcing and Avoiding Judgments

Editor's Comments by Lonny S. Hoffman / Chair's Report by Christy Amuny / Sustaining Members of the Litigation Section of the State Bar of Texas / Default Judgments by Alex Wilson Albright / Tactical Considerations in Summary Judgment Practice by W. Alan Wright & Thomas E. Kurth / Preserving Error in Obtaining the Final Judgment – A Primer by Bruce K. Thomas / Correcting Judgments by Deborah Race / Suspending the Enforcement of the Judgment Pending Appeal; Considerations Relevant to Proving and Contesting the Judgment Debtor's New Worth by Vincent Lee Marable III & David Gunn / Post Judgment Remedies: Tools and Strategies for Turning Judgments Into Ca$h by Donna Brown / Temporary Restraining Orders and Temporary Injunctions by Gabe T. Vick / There's No Place Like Home: Domesticating and Enforcing Foreign Judgments in Texas by Byron Henry & Tabitha Goodwin / We Won! Now What? Practical Post-Judgment Discovery for Judgment Creditors by Dawn Estes & Katherine M. Anand / Practical Considerations for Post-Trial and Appellate Mediations by Hon. Jeff Kaplan (Ret.) / Navigagating Bankruptcy After Judgment: Post Judgment Bankruptcy Blunders to Beware by Vicki M. Skaggs / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of The Bench by Judge Randy Wilson

   

Volume 63 * Summer 2013 - International Civil Litigation in American Courts

Editor's Comments by Lonny S. Hoffman / Chair's Report by Michael C. Smith / Sustaining Members of the Litigation Section of the State Bar of Texas / Service of Process on a Foreign Defendant: A Brief Survey by Joshua J. White / Obtaining Foreign Discovery in U.S. Litigation by William D. Wood & Brian C. Boyle / International Treaties in Texas Litigation by Kristofer S. Monson / Can All the Multi-National Firms Survive? by Robert Denney / Enforcing Foreign Judgments in Texas by Christopher S. Ayres & Lauren Allen / Cross-Border Litigation: Preparing for Cultural Nuances by Janet H. Moore / Helping the In-House Counsel Avoid International Litigation Disasters by Marc Vockell / Obtaining Discovery in International Arbitration, Foreign Proceedings and International Arbitration, Foreign Proceedings and International Arbitral Tribunals by Sara McBrearty / The Texas Supreme Court Task Force on International Law Practice: Making Texas More Competitive in International Law by Larry B. Pascal / Enforcing Orders of Foreign Courts Under Chapter 15 of the Bankruptcy Code: In Re Vitro S.A.B. de C.V. by Tonya Ramsey & John Napier / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side of the Bench by Judge Randy Wilson

   

Volume 62 * Spring 2013 - The “Best of” Litigation Update

Editor's Comments by Lonny S. Hoffman / Chair's Report by Michael C. Smith / Sustaining Members of the Litigation Section of The State Bar of Texas / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side of The Bench by Hon. Randy Wilson / Supreme Court Update by Elizabeth (Heidi) Bloch / Causation Update by Christy Amuny / Evidence and Case Law Update by George (Tex) Quesada / Energy Law Update by Thomas E. Kurth, William D. White & Travis Dearman / Social Media Update by Michael C. Smith / Personal Injury Update by Kathryn Snapka / Attorney Fees Update by Mark D. White / Insurance Law Update: 2012 by Christopher W. Martin / Attorney Malpractice Update by William J. Chriss, Steve McConnico, Sam Johnson & Robyn Hargrove

   

Volume 61 * Winter 2012 - Environmental Litigation

Editor's Comments by Lonny S. Hoffman / Chair's Report by Michael C. Smith / Sustaining Members of the Litigation Section of the State Bar of Texas / Coalition for Responsible Regulation, Inc. v. EPA : The D.C. Circuit Upholds The EPA's Regulation of Greenhouse Gases by Christian J. Ward, April L. Farris & Scott A. Keller / Climate Change Regulation and Litigation: A "Lost Decade" of Controversy and Confrontation by Richard O. Faulk & John S. Gray / Out of the Marsh and Into the Mitigation Bank: A Primer on Mitigation Banking by Kellie E. Billings-Ray / Daubert, Groundwater Contamination, and the Future of Fracking Litigation by Steven A. Luxton, John McAleese & W. Brad Nes / Litigation With the Sovereign in Texas by Kimberly Kiplin, David Schenck & Michael Wang / Texas Surface Damage Litigation by Matthew T. Milam / Selected Issues Encountered in MDL No. 2179, In Re: Oil Spill By the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010 by The Honorable Carl J. Barbier & Benjamin S. Allums / Nuisance Joins the PJC by Eric J. Mayer & Brian Lowenberg / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of The Bench by Judge Randy Wilson

   

Volume 60 * Fall 2012 - Social Media

Editor's Comments by Lonny S. Hoffman / Chair's Report by Michael Smith / Sustaining Members of the Litigation Section of the State Bar of Texas / Issue Spotting: The Multitude of Ways Social Media Impacts Employment Law and Litigation by Scott Brutocao / The Use of Social Media by Judges by Judge Susan Criss / Ethical Issues For Lawyers Involving the Internet by Ellen Eidelbach Pitluk / How Much Does An Anonymous Internet Post Cost? by Peter S. Vogel / Social Media Evidence: "What You Post or Tweet Can and Will Be Used Against You in a Court of Law" by Lawrence Morales II / Use of Social Media in Voir Dire by Chip Babcock & Luke Gilman / Juries and Technology: Revised Texas Civil Jury Instructions Include Warnings about the Internet and Social Media by Nathan L. Hecht & Marisa Secco / Use of Social Media by Jurors – Death Knell or Paper Cut to Jury Trial Integrity? by Jay Munisteri / Social Media and Family Law by Jonathan J. Bates / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of The Bench by Judge Randy Wilson

   

Volume 59 * Summer 2012 - Securities Litigation and Enforcement

Editor's Comments by Lonny S. Hoffman / Chair's Report by Linda S. McDonald / Sustaining Members of the Litigation Section of the State Bar of Texas / The Hidden Costs of Bribery by Weston C. Loegering, Joshua S. Roseman & Samantha Cox / Securities Arbitration of Investor Disputes: A Primer for the Unwary Practitioner by Steven D. Urban / Executive Clawback Actions by Jeffrey M. Benton / The Intersection of the Dodd-Frank Act and the Foreign Corrupt Practices Act: What All Practitioners, Whistleblowers, Defendants, and Corporations Need to Know by Joel Androphy, Ashley Gargour & Kathryn E. Nelson / Equity Receiverships in SEC Enforcement Actions by Richard B. Roper / Disturbing Trends in M&A Litigation by Scott Fletcher, Tom Jackson & Mike Davitt / Will Rule 10b-5 Go Global? The Status of Private Rights of Action after Morrison v. National Australia Bank by Dona Szak & Courtney Scobie / Securities Litigation in 2011 by the Numbers, and a Look Behind the Rise in Securities Cases Against U.S. Listed Chinese Companies by Paul R. Bessette, Royale Price & Sandra Gonzalez / Prosecuting Insider Trading: Recent Developments and Novel Approaches by Patrick Craine & Lashon Kell / Broker-Dealer Supervision: Evolving Business Practices and Regulatory Enforcement by Ronak V. Patel & Courtney Bowling / From Stocks and Bonds Through Betting on Death: The Applicability of Securities Laws and the Regulation of New and Creative Investments by Joseph J. Rotunda & Mogey Lovelle / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of The Bench by Judge Randy Wilson

   

Volume 58 * Spring 2012 - The “Best of” Litigation Update 2012

Editor's Comments by Lonny S. Hoffman / Chair's Report by Linda S. McDonald / Sustaining Members of the Litigation Section of the State Bar of Texas / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side of the Bench by Hon. Randy Wilson / Supreme Court Update by David M. Gunn / Social Media Update by Michael C. Smith / Personal Injury Update by Walter L. Boyaki & Fred Bowers / Texas Evidence and Civil Procedure Update by M.C. Carrington & Andrew Nelson / Employment Law Update: U.S. Supreme Court, Fifth Circuit and More by Katrina Grider / Insurance Update by Robert M. (Randy) Roach, Jr. & Robert J. Cunningham / Federal Procedure and Evidence Update by James P. Karen, Laura Jane Durfee, Amy Nicks & Jon Spiller / Family Law for the Non-Family Specialist: How to Master Conversations on Family Law by Kelly McClure & Chris Meuse

   

Volume 57 * Winter 2011 - Energy Law Litigation

Editor's Comments by Lonny S. Hoffman / Chair's Report by Linda S. McDonald / Sustaining Members of the Litigation Section of the State Bar of Texas / Beyond Coastal Oil v. Garza: Nuisance and Trespass in Hydraulic Fracturing Litigation by Hannah Wiseman / Hydraulic Fracturing Litigation by Keith B. Hall & Lauren E. Godshall / Shaking Up Established Case Law and Regulation: The Impacts of Hydraulic Fracturing by Thomas E. Kurth, Cameron Gulley & William D. White / State and Federal Legislation and Regulation of Hydraulic Fracturing by Rebecca Jo Reser & David T. Ritter / Current Issues in Texas Insurance Law Affecting the Energy Industry by Stephen Pate / Insurance Coverage Issues Raised by Typical Contractual Indemnity and Additional Insured Provisions in Oil and Gas Contracts by Robert H. Etnyre, Jr. & Marcus R. Tucker / Strategies for Witness Selection and Presentation of Oilfield Damages by C. Scott Kinzel & Shelley A. Grahmann / The Limited Exceptions to Limitations in Oil and Gas Cases by Stacy Rogers Sharp / Afta' Nafta: Leaving Terms of an Arbitration Agreement (Mostly) Up to You by Shannon Ratliff & Richard A. Fordyce, as updated and supplemented by Lisa A. Paulson & Marla D. Broaddus / Climate Change and Connecticut v. American Electric Power -- Where has the Supreme Court Left Us? by Terry Oxford / In Defense of the Wind: Legal Challenges Facing Wind Power Are a Breeze with Proper Planning by Trey Cox / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of The Bench by Judge Randy Wilson

   

Volume 56 * Fall 2011 - Commercial Law Developments and Doctrine

Editor's Comments by Lonny S. Hoffman / Chair's Report by Linda S. McDonald / Sustaining Members of the Litigation Section of the State Bar of Texas / Litigation in the 21st Century: The Jury Trial, The Training & The Experts ?V Musings & Teachings from David J. Beck, Lisa Blue, Melanie Gray & Stephen D. Susman, authored and edited by Sofia Adrogué & Hon. Caroline Baker / Alternative Fee Arrangements: Partnering with Clients Through Legal Risk Sharing by Trey Cox / Roundtable: Alternative Fee Arrangements in Litigation panel: Ramon M. Cantu, Laura W. Doerre & Mark C. Schroeder / Preservation Uncertainty Revisited: Addressing Spoliation by Rulemaking by Thomas Y. Allman / Arbitration, Bench Trial, or Jury Trial? A Functional Guide for In-House Counsel by David K. Bissinger & Trent T. McKenna / Litigators Needed to Advise Transaction Lawyers on Litigation Prenups by Donald R. Philbin, Jr. / Developments in Damages Law Applicable to Commercial Cases by Gregory D. Smith / Privacy Rights of Employees in an Electronic World by Michael Kelsheimer & Travis Crabtree / Changes in the 2010 Pattern Jury Charges by J. Brett Busby / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of The Bench by Judge Randy Wilson

   

Volume 55 * Summer 2011 - The Texas Disciplinary Rules: Now What?

Editor's Comments by Lonny S. Hoffman / Chair's Report by Walker C. Friedman / Sustaining Members of the Litigation Section of the State Bar of Texas / Lessons from the Debacle: How Not To Write Rules or Run a Referendum by Charles Herring, Jr. / The Proposed Revisions of the Texas Disciplinary Rules of Professional Conduct: A View of the Process from the Inside by Robert P. Schuwerk / The Texas Disciplinary Rules of Professional Conduct: A Look Forward by Steven Goode / The Legacy of Ethics 2000: Progress Toward Greater Uniformity in State Ethics Rules by Amon Burton / The Elephant in the Room: The Referendum Defeat is a Symptom of a Larger Problem by Jim McCormack / Reflections by John Sutton / Advice From the Field by Randy Johnston / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of The Bench by Judge Randy Wilson

   

Volume 54 * Spring 2011 - The “Best Of” Litigation Update 2011

*PLEASE NOTE: This is a large document, over 300 pages long and 5.5 GB in size. If you're having problems opening the link in the normal way, right click on the image/link and choose "Save Link As" to download the file directly to your computer instead of opening it up through the website.* Editor's Comments by Lonny S. Hoffman / Chair's Report by Walker C. Friedman / Sustaining Members of the Litigation Section of the State Bar of Texas / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / Digest Texas Supreme Court Cases 2009-2010 Term by Craig Enoch / U.S. Supreme Court and Fifth Circuit Update by David M. Gunn / Personal Injury Torts Update 2011 by Jim M. Perdue, Jr. / Practicing Law and Wellness: Modern Strategies for the Lawyer Dealing with Anxiety, Addiction and Depression by Sara E. Dysart & Ann D. Foster / Attorney's Fees and Judgments by Fidel Rodriguez, Jr. & Manuel C. Maltos / The Basics of Removal and Remand by Honorable Xavier Rodriguez & Lauren E. Laux / Employment Law Update: U.S. Supreme Court, Fifth Circuit and More by Katrina Grider / Construction Law Update by Matthew B. Cano & Will W. Allensworth / Energy Law Update by Walker C. Friedman & Jack E. Price, Jr. / Lawyers' Poker: Using the Lessons of Poker to Win Litigation by Lawrence D. Rosenberg

   

Volume 53 * Winter 2010 - Judicial Selection

Editor's Comments by Lonny S. Hoffman / Chair's Report by Walker C. Friedman / Sustaining Members of the Litigation Section of the State Bar of Texas / An Analysis of Accountability in Judicial Selection: Recounting the Peril of Straight Party Voting by Chief Justice Wallace B. Jefferson & Rebecca Love Kourlis / Judicial Selection in Texas by Bill Boyce / Are Campaign Contributions Compromising the Independent Judiciary? by Adam Skaggs / Reforming Judicial Elections by Persuasion and Peer Pressure: The Power of Norms by David B. Rottman / Accepting Reality: Judicial Elections Are Here to Stay by Hugh Rice Kelly / Political Science and Judicial Selection by Anthony Champagne / The Role of Section 5 of the Voting Rights Act in the Debate Over Elected Judges in Texas by Gregory S. Coleman (Deceased) & Renea Hicks / Judicial Selection Reform and Consideration of Minority Voters by Nina Perales / On the Merits of Merit Selection by Brian T. Fitzpatrick / The Light of Accountability: Why Partisan Elections Are the Best Method of Judicial Selection by Kelly Shackelford & Justin Butterfield / Judicial Elections in the Aftermath of White, Caperton, and Citizens United by Charles Gardner Geyh / A practical Look at Federal Judicial Selection by Rachel Brand / The Evolving Patchwork of Judicial Selection in the United States by Rachel Paine Caufield, PH.d / Judicial Selection: Looking at How Other Nations Name Their Judges by Mary L. Volcansek / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of The Bench by Judge Randy Wilson

   

Volume 52 * Fall 2010 - The Internet and the Law

Editor's Comments by Lonny S. Hoffman / Chair's Report by Walker C. Friedman / Sustaining Members of the Litigation Section of State Bar of Texas / Avoiding a Grievance in 140 Characters or Less: Ethical Issues in Social Media and Online Activities by Tom Mighell / The State Bar of Texas Provides New Guidance to Attorneys Regarding the Proper Use of and Blogs for Advertising Purposes by Dustin B. Benham / Internet-Based Document Management Systems by Dennis Kennedy & Tom Mighell / Informal Discovery on the Internet by Todd B. Baker / Admissibility of Web-Based Data by Hon. Randy Wilson / Is Your Jury Panel Googling During the Trial? by Tricia R. DeLeon & Janelle S. Forteza / Avoiding "Gotchas" with Law Firm Websites: The Do's and Don'ts of Your Internet Presence by Nancy Slome, Stephan Roussan & Pat Purdy / Top 10 Websites/Categories for Litigators (or some semblance thereof) by Mark I. Unger / Multijurisdictional Practice, Unregulated Advertising, and the Unauthorized Practice of Law by Bryce Benjet / Rethinking Personal Jurisdiction Over the World-Wide Web by Charles W. "Rocky" Rhodes / Internet Libel - The Anonymous Writer and the Online Publisher by Pete Kennedy / Political Campaigns and the Internet: Best Practices for Compliance with Analog Regulations in a Digital World by James E. David & Gardner Pate / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey

   

Volume 51 * Summer 2010 - E-Discovery: Perspectives from the Trenches

Editor's Comments by Lonny S. Hoffman / Chair's Report by Fred Bowers / Sustaining Members of the Litigation Section of the State Bar of Texas / Electronic Discovery - Is the System Broken? Can It be Fixed? by Lee H. Rosenthal / Taking Point on E-Discovery: Texas Rule of Civil Procedure 196.4 by Nathan L. Hecht / Living Daily with Weekley Homes by Kenneth J. Withers & Monica Wiseman Latin / Practical E-Discovery Issues by Judge Chad Everingham / E-Discovery: A Special Master's Perspective by Craig Ball / Tackling E-Discovery on a Budget by Shawn Raymond / E-Discovery In-House - Continental Airlines Experience by Karla Evans Epperson / Managing E-Discovery Costs From the Vendor Perspective by Julie Grantham / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of The Bench by Judge Randy Wilson

   

Volume 50 * Spring 2010 - Best of 2010

Editor's Comments by Lonny S. Hoffman / Chair's Report by Fred Bowers / Sustaining Members of the Litigation Section of the State Bar of Texas / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / Supreme Court Update (January 1, 2009 - September 30, 2009) by Jane M.N. Webre / Supreme Court Update (October 1, 2009 - December 31, 2009) by Jane M.N. Webre / U.S. Supreme Court and Fifth Circuit Update by Gregory S. Coleman, Dori Kornfeld Goldman & Kevin J. Terrazas / Guantanamo: It Is Not About Them - It Is About Us by Dicky Grigg / 2010 Discovery Update by Paul N. Gold / Personal Injury Torts Update by Fred Bowers & Jordan Miller / Legal Malpractice Update by Coyt Randal Johnston & Robert L. Tobey / Real Estate Litigation Update by Daniel O. Kustoff / Labor & Employment Law Update by Jonathan C. Wilson

   

Volume 49 * Winter 2009 - Women and the Law

Editor's Comments by Lonny S. Hoffman / Chair's Report by Fred Bowers / Sustaining Members of the Litigation Section of the State Bar of Texas / Four Suggestions for the Future by Justice Ruby Kless Sondock & Connie Pfeiffer / Gender Discrimination in the Workplace: "We've Come a Long Way, Baby" by Katie J. Colopy, Sandra K. Dielman & Michelle A. Morgan / What's Changed for Women Lawyers in the Last Decade? Not a Whole Lot, Frankly by Kathleen Wu / Rough Road to Justice: The Journey of Lawyers in Texas by Betty Trapp Chapman / Texas Trailblazers and Their Texas-Size Balancing of Professional and Personal Success by Sofia Adrogué & Kennon L. Peterson / The View from the General Counsel's Seat: Advice on Business Development and the Attorney-Client Relationship from Texas Women General Counsel by Jennifer Parker Ainsworth / The Psychology of Women's Influence on Juries by Lisa Blue & Robert B. Hirschhorn / Making the Practice of Law Work for Women by Karen Hirschman / Top 10 Things Every Woman (and Her Husband) Should Know Before Filing For Divorce by Kelly McClure / An Odyssey of Talent at the Bar by Judge Thomas M. Reavley / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of The Bench by Judge Randy Wilson

   

Volume 48 * Fall 2009 - Decedents and Wards

Editor's Comments by Lonny S. Hoffman / Chair's Report by Fred Bowers / Sustaining Members of the Litigation Section of the State Bar of Texas / Case Law Update by Gerry W. Beyer / 2009 Texas Probate, Guardianship and Trust Legislation by Glenn M. Karisch / Jury Trials in Probate Court: A Brief Overview by Tammy C. Manning & Jason Cox / Top Ten Mistakes Attorneys Make by Norma Montalvo Petrosewicz / Survivor, No Survivor?VFinancial Institution Liability for Defective Survivorship Agreements by Terry W. Wood / Dealing With the Rogue Executor: A Page From the Fiduciary Litigation Playbook by Edward J. Patterson & Wesley L. Bowers / Creditor Claims in Independent and Dependent Administrations in Texas ?V Beware of the Trap Doors! by Gus Tamborello / Jurisdiction and Venue for Will and Trust Disputes by M. Keith Branyon / Decedents or Wards as Parties by Rudolph M. Culp & Joseph S. Horrigan / Fundamental Issues to Understand Before Accepting a Guardianship Litigation Engagement by Don D. Ford III / Statute of Limitations Issues in the Probate, Guardianship & Trust Context by Jerry Frank Jones and Laurie Ratliff / Suggestions For the First Time Litigator in Probate Court by Judge Gladys B. Burwell / The Foreclosure Process in the Probate Context by Joshua J. White / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of Bench by Judge Randy Wilson

   

Volume 47 * Summer 2009 - Litigating with the Government

Editor's Comments by Lonny S. Hoffman / Chair's Report by Elizabeth E. Mack / Sustaining Members of the Litigation Section of the State Bar of Texas / Three Years After Tooke and Reata: An Update on Governmental and Inter-Governmental Immunity by Justice Eva M. Guzman & Madison Finch / Practical Tips on Public Information Issues by Jonathan K. Frels, Amanda Kelley Crawford & Brenda K. Loudermilk / Individual Governmental Immunities in Federal Court: The Supreme Court Strengthens an Already Potent Defense by William S. Helfand & Ryan Cantrell / Paying for Justice: The Recovery of Attorneys Fees Under Section 1988 by Hiram Sasser / From Leeper to Heinrich and in Between, the UDJA in Administrative Law: Jurisdiction, Now You See It, Now You Don't by Jennifer Riggs / A False Claims Act Primer by Richard C. Danysh & Christopher C. Rulon / Change?: Merger Enforcement in the New Administration by M. Sean Royall, Ashley E. Johnson & Malachi Boyuls / The Risks of Doing Business with the Government Are Getting Riskier by Robert J. Wagman, Jr. / The Expedited Declaratory Judgment Act: A Litigation Approach to the Efficient Resolution of Bond Hold-Ups by Mike Raiff, Marc Fuller & Elizabeth Brandon / Disclosure to the Government: Waiver of the Work Product Doctrine and the Attorney-Client Privilege by David E. Keltner / The Office of the Solicitor General: A Decade of Representing Texas Interests by James C. Ho / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side of the Bench by Judge Randy Wilson

   

Volume 46 * Spring 2009 - Best of Litigation Update Part I

Part I: Editor's Comments by Lonny S. Hoffman / Chair's Report by Elizabeth E. Mack / Sustaining Members of the Litigation Section of the State Bar of Texas / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / Supreme Court Update by Jane M. N. Webre / U.S. Supreme Court and Fifth Circuit Update by David M. Gunn / "A Rough Sense of Justice" or "Practical Politics"? Recent Texas Supreme Court Opinions on Causation by George Parker Young, Layne Keele & Josh Borsellino / MDL: Creation and Procedure by Barbara J. Barron / Family Law Update by Lisa L. Taylor

   

Volume 46 * Spring 2009 - Best of Litigation Update Part II

Part II: Arbitration Update by Jerry Fazio & Melissa Long / Legal Malpractice Update by Coyt Randal Johnston & Robert L. Tobey / Criminal Law Update by J. Gary Hart / Labor and Employment Law Update by Katrina Grider / Business & Commercial Law Update by Erica W. Harris / An Update on Recent Insurance Coverage Decisions from the Supreme Court of Texas and Their Impact by Lee H. Shidlofsky / Tips and Traps from the Judges by Justice Dori Contreras Garza & Cecile Foy Gsanger

   

Volume 45 * Winter 2008 - Intellectual Property Litigation

Editor's Comments by Lonny S. Hoffman / Chair's Report by Elizabeth E. Mack / Sustaining Members of the Litigation Section of the State Bar of Texas / Patent Law Primer - What is Patentable? by Robert J. McAughan, Jr. & Jeffrey A. Andrews, Ph.D / Remedies Available to a Patent Holder by David Levy, Rick Rambo & Preetam Shingavi / Patent Reexamination 101 For Litigators by Wei Wei Jeang & David McCombs / The Eastern District Phenomenon by Robert M. Parker / The Copyright Primer for the Lawyer Who Doesn??t Even Know How to Spell Copywrite, Er, Copyright by D'Lesli M. Davis / Remedies Under the United States Copyright Act by Buck McKinney / Online Copyright Infringement: Minimizing Exposure to Individuals and Small Businesses That Operate on the Internet by Lawrence A. Waks, Jeffery R. Johnson & Emilio B. Nicolas / Beware of the Software License Police by Robert J. Scott / What is a Trademark Anyway? by Ann Schofield Baker / Trademark Remedies in Texas: Not Necessarily a Federal Case by Richard A. Fordyce / Online Trademark Infringement - Specialized Issues of Prevention and Enforcement by Thomas D. Fortenberry & Fred I. Williams / One League to Rule Them All? Fantasy-Sports Leagues and Intellectual Property Rights by Marc S. Tabolsky & Richard B. Farrer / A Primer on Trade Secret Law by Kirby Drake & Bill Parrish / Possession as Threat: Temporary Injunctions to Protect Trade Secrets by Andrew S. Friedberg / Mission Impossible? Protecting Trade Secrets Posted on the Internet by Chip Brooker / Intellectual Property Litigation: A Procedural Primer by Laurie Gallun & Victoria Wicken / Recent Developments: Supreme Court Restrictions on Patent Rights and Remedies by Claudia Wilson Frost & Jeremy Gaston / Working With Experts in Patent Cases by M. Craig Tyler & Jose C. Villarreal / State Law IP Litigation Issues by Ryan C. Hudson, Layne S. Keele & William D. White / A Primer on Advertising Injury Coverage by Sean Reagan / Evidence & Procedure Updates by Luther H. Soules III & Robinson C. Ramsey / From My Side Of The Bench by Judge Randy Wilson

   

Volume 44 * Fall 2008 - Five Year Restrospective on House Bill 4

Editor's Comments / Chair's Report / 5 Year Retrospective on HB4 / The Purpose, History and 5 Year Effect of Recent Lawsuit Reform in Texas by Joseph M. Nixon / A Word From the Opponents by A. Craig Eiland / Impact of the 2003 Texas Medical Malpractice Damages Cap on Physician Supply and Insurer Payouts: Separating Facts from Rhetoric / HB4 After 5 Years: Business Perspective / HB4 ?V Medical Malpractice: Plaintiff's Perspective / Medical Malpractice After 5 Years: Defense / Class Actions in Texas after HB4 and CAFA / In Memoriam: Texas Class Actions / Effects of Punitive Damages Post HB4 / Multidistrict Litigation Experience 5 Years Later: Plaintiff / Multidistrict Litigation From the Defense / Products Liability After HB4 / Evidence & Procedure Updates / From My Side of the Bench by Judge Randy Wilson

   

Volume 43 * Summer 2008 - Criminal Law Issues for Civil Litigation

Editor's Comments / Chair's Report / Successfully Navigating Parallel Criminal and Civil Proceedings / Criminal Law for Civil Litigators / The Preservation of the Age-Old Attorney-Client Privilege / Fifth Amendment Issues in Civil Litigation: Asserting, Defending, Preserving, Waiving / Criminal Ramifications of Sarbanes-Oxley / Civil Litigators Beware: Assisting Corporate Clients to Avoid Potential Criminal Liability Exposure in the Workplace / Corporate Crimes: The Penalties and the Pendulum / Unethical and Criminal /Your Signature on Pleadings Landing You Under Indictment? Don't Let it Happen to You! / How to Save our Courts / Evidence * Procedure Updates / My Side of the Bench by Judge Randy Wilson

   

Volume 42 * Spring 2008 - Best of Litigation Update Part I

Part I: Editor??s Comments / Chair??s Report / Expert Witnesses and Reports / U.S. Supreme Court and Fifth Circuit Update / E-Discovery and Electronic Evidence Update

   

Volume 42 * Spring 2008 - Best of Litigation Update Part II

Part II: Business Torts Update: An Overview of Issues and Cases Involving Business Torts in Texas Litigation /  Current Issues and Cases Involving Mandamus Relief, Interlocutory Appeals, and Arbitration In Commercial Litigation /  Legal Malpractice For Litigators: An Update on Recent Developments in Texas Legal Malpractice and Ethics Law /  Extraordinary Remedies

   

Volume 42 * Spring 2005 - Best of Litigation Update Part III

Part III:  Supreme Court Update /  Evidence Update /  Procedure Update

   

Volume 41 * Winter 2007 - Jurisdiction and Venue

Editor's Comments / Chair's Report / A Battle Over Where the War is to be Fought: Venue in Patent Cases / Narrowing the Venue Channel in Texas Jones Act Cases / Transfer of Proceedings in Statutory Probate Courts / Please to the Jurisdiction with Evidence Attached: What You Need to Know Now / Declining Jurisdiction: The Abstention Doctrines and Dominant and Primary Jurisdiction / Who is the Magistrate Judge? Litigating Before U.S. Magistrate Judges in District Courts / Special Appearance Appeals / Personal Jurisdiction Through the Internet in Texas / Finding the "Texas Nexus" For Specific Jurisdiction: Moki Mac River Expeditions v. Drugg / Evidence & Procedure Updates / From My Side of the Bench

   

Volume 40 * Fall 2007 - Settlements

Texas Attorney-Mediator’s Perceptions of Changes in Mediation Practice /  Mediator Credentialing /  Appellate Mediation in Texas and Beyond /  Drafting Settlement Agreements:Pitfalls and Traps /  Can a Settlement Survive Bankruptcy /  An Annotated “Model” Settlement Agreement /  Taxes and Settling Lawsuits - Making Sure your Client Keeps as Much of What is Received as Possible and Gets the Most Benefit from What is Paid /  The Texas Structured Settlement Protection Act and Practical Issues Facing Its Application / Management of Settlement Funds Awarded to Minors and Incapacitated Persons /  The Enforceabiity of Settlement Agreements /  The Best of Times and The Worst of Times: How Borg-Warner and Bankruptcy Trusts are Changing Asbestos Settlements in Texas /  Evidence & Procedure Updates /  In Memoriam: John Hill /  From My Side of the Bench - Show It, Don’t Just Say It

   

Volume 39 * Summer 2007 - Contracts and Litigation

Editor;s Comments / Chairman;s Report /  Jury Waivers: A Saving Grace for the Development of Precedent in Texas /  When Choice of Law is No Choice At All: Will the Parties’ Choice of Law Provision Govern Their Agreement?  /  Forum Selection Clauses: Another Facet of the Freedom of Contract Phenomenon /  Class Action Waiver Provisions /  Click Here! To Waive Your Right to a Texas Jury Trial - Foreign-Selection and Foreign Arbiration Clauses in E-Commerce Transactions /  Punitive Damages Waivers: The New Effort to Limit Liability by Contract /  Parole Evidence in Breach of Contract Cases /  Addressing Undisclosed Arbitration Bias” The Law of “Evident Partiality”  /  Can You Recover Attorney Fees for Breach of Warranty? Of Course! Calculating Prejudgment Interest on Contract Claims /  Evidence and Procedure Updates /  From My Side Of The Bench - What are the 10 Hardest Questions?

   

Volume 38 * Spring 2007 - The Best of Litigation Update

Editor's Comment / Chair's Report / Supreme Court Update / Procedure and Discovery Update / Jury Charge / Criminalization of Civil Law / Personal Long-Arm Jurisdiction / Legal Malpractice / Case Law Update / Discovery Abuse Hypotheticals / Voir Dire & Hyundai / Publicly Available Discovery / Fiduciary Duties and Liability / Settlement Agreements and Releases / Evidence and Procedure Update

   

Volume 37 * Winter 2006 - Insurance and Litigation

Editor's Comment / Chair's Report / Pleading Into Coverage / Extrinsic Evidence and Duty to Defend / Insurer's Duty to Settle / Settlement and Stowers / State Farm v Gandy and a Fully Adversarial Trial / Coverage Reimbursement and Frank's Casing / Affirmative Defenses / Nonsubscription Under Workers Compensation / Full Reimbursement for Medicaid? / Collateral Source Rule after HB4 / Insurance Issues for Trial Lawyers / Capping Statutes and Their Constitutionality / Evidence and Procedure Update

   

Volume 36 * Fall 2006 - The Client Issue: What Your Client Wants to Know About Litigation

Editor's Comment / Chair's Report / Creating and Managing Case Budgets / Corporate Clients and Discovery / Electronic Discovery / Assisting Your Company in Crisis / Aligning Litigation Strategy and Business Objectives / Privilege and the DOJ / Sarbanes-Oxley and Auditors / Evidence and Procedure Update

   

Volume 35 * Summer 2006 - Attorneys’ Fees

Editor's Comment / Chair's Report / Presentation of Testimony and Opinions / Structuring Alternative Fee Agreements to Enhance Recovery and Benefit Clients / Ethics and Engagement Letters / Contingent Fees / Non-Contractual Court-Awarded Fees and Guardian Ad Litem Fees / Offer of Judgment, Settlement / A Federal Court View of Fees in Common-Fund Class Actions / Fees Under Idea 2004 - Who Will Take the Case / Evidence and Procedure Update

   

Volume 34 * Spring 2006 - The Best of Litigation Update 2006

Chairman’s Report /  Supreme Court Update thru October ‘05 /  Court??s Charge: Charging the Jury in Changing Times /  Annual Survey of Texas Insurance Law: Insurance Issues Every Trial Lawyer Needs to Know /  Bankruptcy for Civil Litigators /  The Many Challenges Presented by Electronic Discovery /  Proportionate Responsibility & Indemnity /  Evidence Update /  Texas Products Liability /  Evidence Update /  Procedure Update

   

Volume 33 * Winter 2005 - Experts

Editor’s Comments /  Chairman’s Report /  Thoughts on Expert Retention in the Daubert/Robinson Era: Roaming Beyond Your Rolodex /  A Pragmatic Approach to Retaining and Presenting Expert Witnesses: Picking All-Stars and Avoiding Busts /  Preparation & Admission of Experts: Daubert Factors, Caveats & Considerations /  The Touchstone For Expert Testimony /  Expert Witness Issues on Appeal in State and Federal Court: Securing the Record from Adverse Robinson/Havner Rulings and the Standards of Review /  Tips on Expert Witness Practice /  Expert Witnesses: Two Gates Can Seal Their Fate /  Practical Tips on Cross-Examination of Expert Witnesses /  Medical Malpractice: Sufficiency of the Expert Report and Expert Qualifications ?V Plaintiff??s Perspective /  Is the Bar Really Lower for Nonscientific Expert Textimony?  /  Beyond Daubert and Robinson: Avoiding and Exploiting “Analytical Gaps” in Expert Testimony / Technology and Your Expert /  Amended Service Rules /  Evidence Update /  Procedure Update

   

Volume 32 * Fall 2005 - Remedies

Editor’s Comments / Chair’s Report /  Choosing Remedies: The Misleading Irreparable Injury Rule / Prejudgment Remedies /  A Primer on Injunctive Relief in Federal and State Court /  Breach of Fiduciary Duty Remedies Judicial Remedies and the Constitutional Balancing Act /  Post Judgment Remedies: Tips for Litigators from a Creditors’ Rights Attorney /  Real Estate Remedies: Lis Pendens /  Liability for a Wrongfully Obtained Injunction: The Cause of Action Few Lawyers Understand /  Attorneys’ Fees to the Non-Prevailing Party /  Evidence Update / Procedure Update / Rule 202 Survey Results

   

Volume 31 * Summer 2005 - Juries - From Selection to Misconduct

Editor's Comments / Chairman's Report / Pattern Jury Charge And TRCP Rule Changes History / Methodology Of A Pattern Jury Charge Committee / Come, Let Us Reason Together / The Future Of Broad-Form Submission After Harris County v Smith / Court Amends Standard Jury Instructions In Cases Involving Exemplary Damages / Psychological Profiling in Voir Dire: Simple Strategies Any Lawyer Can Use / Winning With a Shadow Jury / Jury Selection in Personal Injury Cases From the Plaintiff's Perspective / Voir Dire in Personal Injury Cases - A Defendant's Real World Perspective / Perspectives on Jury Selection / Making the Most of Voir Dire: Illustrating Techniques Through Three Typical Cases / Trends in Jury Selection 2004 - 05 / The Texas Supreme Court Addresses Two Important Voir Dire Issues / Jury Misconduct and Procedural Remedies In Texas / Evidence Update / Procedure Update

   

Volume 30 * Spring 2005 - Best of Litigation Update

Editor’s Comments / Chairman’s Report /  Arbitration Update /  Supreme Court Update /  Fifth Circuit Update /  Texas Rules of Civil Procedure Update /  Evidence Update /  Damages Update /  Broad Form Jury Charge Update /  Business Tort Update /  Intellectual Property Litigation /  Insurance Law Update /  Health Care Liability Update /  Employment Law Update /  Evidence Update /  Procedure Update

   

Volume 29 * Winter 2004 - Preparing For Appeal

Standards and Scopes of Review /  Preserving Error Before Trial /  Constructing a Jury Charge - Perspectives From the Bench /  Crafting a Charge From the Plaintiff’s Perspective /  Crafting a Court’s Charge From the Defendant’s Perspective /  Preserving Error in the Charge /  New Directions in Texas Charge Practice: Lessons From Federal Court /  Post-Verdict Preservation of Error /  The Judge Did What?! Mandamus - When And Under What Circumstances Is It Available?  /  Civil Appeals to the Courts of Appeals /  Unsupported Experts Beware: Coastal Transport Allows Parties to Bring an Initial Challenge to Unsupported Expert Opinions After Trial /  Error Preservation Issues for Daubert/Robinson Challenges to Expert Witnesses Under Texas Rules of Evidence /  The Appellate Clock

   

Volume 28 * Fall 2004 - Depositions

Editor’s Comments /  Chairman’s Report /  Preparing Your Witness For Deposition /  Preparing To Take Depositions /  Taking Depositions /  Examining & Defending Deponents Under The Texas & Federal Rules of Civil Procedure: Making and Defending Against Objections and Privilege Assertions and Dealing With Objectionable Questions, Conduct and Refusals to Answer /  Corporate Representative Depositions In Texas /  Making Foreign Depositions Less Foreign - Deposition Testimony In Foreign Jurisdictions for Use In Texas Courts /  Videotape Depositions and Related Technology Tools: Important Considerations Regarding the Taping and Presentation of Video Deposition Testimony and Exhibits /  Comparing and Contrasting Depositions In State and Federal Court /  The Decline of the Judiciary: Are There Still Three Equal Parts to Our Government? /  Evidence Update /  Procedure Update

   

Volume 27 * Summer 2004 - Privileges, Protective Orders & Confidentiality Agreements

Editor’s Comments /  Chairman’s Report /  Lawyer Client Privilege: It’s Not the Rule We Learned in Law School /  The Texas Work Product Rule /  Asserting, Proving and Attaching Privileges /  Article V Privileges /  Privileges: A Bench Perspective - The Sword or the Shield /  Physician Patient Privilege, H.B. 4 and Other Issues /  A Practitioner’s Guide for the Use of Protective Orders and Confidentiality Agreements /  Confidentiality Agreements & Issues Relating to Confidentiality Agreements In Settlement and Discovery /  Evidence Update /  Procedure Update

   

Volume 26 * Spring 2004 - Best of Litigation Update Spring 2006 Part I

Part I: Editor’s Comments /  Chairman’s Report /  Supreme Court Update /  The Court’s Charge: The State of Payne and the Progeny of Casteel /  Living in a World of Expertise: The Perils of Innocence, Guidelines for Trial Counsel’s Careful Handling of Expert Witnesses /  Business Tort Update

   

Volume 26 * Spring 2004 - Best of Litigation Update 2004 Part II

Part II: Annual Survey of Texas Insurance Law /  Current Developments in Appellate Procedure /  Multi-Party Issues After House Bill 4 /  Venue: State and Federal Issues Including HB4 Updates /  The Adversary System, Litigation and Alternatives in the September 12th Era /  Oral History, Broadus Spivey

   

Volume 25 * Winter 2003 - Binding Arbitration

Editor’s Comments / Chairman’s Report / Texas Arbitration Law /  Contractual and Other Defenses to Arbitration /  The Importance of the Seat of Arbitration /  Arbitration and the U.S. Supreme Court: A Critique From Plaintiff’s Counsel in Green Tree v. Randolph  /  Drafting Arbitration Provisions: Considerations, Strategy and Technique /  The ABA Arbitration Survey /  Drafting Arbitration Agreements in the International Context /  Effective Advocacy in Arbitration: The Practitioner’s Perspective /  The Basics of Confirming, Vacating, Modifying and Correcting an Arbitration Award Under the Federal and Texas Arbitration Act /  Alternative Dispute Resolution: The Halliburton Experience /  Securities Law Arbitration: Confidentiality and the Doctrine of Shared Discovery In the Arbitration of Customer Claims Against Broker-Dealers /  Arbitration of Employment Disputes in Texas /  Arbitration of Construction Claims /  Texas Energy Arbitration Developments /  Evidence Update /  Procedure Update /  Federal Update /  State Update

   

Volume 24 * Fall 2003 - Civil Action Reforms of the 78th Legislative Session

Editor’s Comment /  Chairman’s Report /  Offer of Settlement /  “To Settle or Not to Settle?” - Offer of Settlement from the Plaintiff’s Side /  Texas’ New Fee-Shifting Statute /  An Oncoming Train: A Plaintiff’s View on House Bill 4 and Medical Malpractice /  Medical Malpractice Tort Reform from the Defense Perspective /  House Bill 4: Article 13 - Damages /  Proportionate Responsibility: A Plaintiff’s Lawyer’s Take on House Bill 4 /  Proportionate Responsibility: A Defense Perspective on House Bill 4 /  Changes to Supreme Court Jurisdiction /  Changes to Supersedaes Bond Requirements /  House Bill 4 and the Future of Class Action Litigation /  Products Liability /  The Trilogy of 2003: Venue, Forum Non Conveniens & Multi-District Litigation /  Advise and Consent or Advise and Dissent: The Role of the United States Senate in Federal Judicial Appointments /  Evidence Update /  Procedure Update