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ADMIRALTY AND MARITIME LAW CONFERENCE

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UTC LE T H E U N I V E R S I T Y O F T E X A S S C H O O L O F L AW









14TH ANNUAL



ADMIRALTY AND MARITIME

LAW CONFERENCE

Earn up to 7.00 Hours of Credit Including 1.00 Hour of Ethics



Specialization for: Civil Trial Law, Personal Injury









October 21, 2005

Fo u r S e a s o n s H o t e l

H o u s t o n , Te x a s





W W W. U T C L E . O R G • 5 1 2 - 4 7 5 - 6 7 0 0

14 TH A NNUAL

A DMIRALTY AND M ARITIME L AW C ONFERENCE

October 21, 2005 • Four S eaons Hotel • Houston, Texas

Earn up to 7.00 Hours of Credit Including 1.00 Hour of Ethics



FRIDAY MORNING, OCTOBER 21, 2005 11:00 a.m. 1.50 hr 2:30 p.m. Break

Stewart v. Dutra Construction Co.

Presiding Officer: Julia M. Adams, Houston 2:45 p.m. 1.00 hr

The Court’s determination that 1 U.S.C. sec. 3

“codified the meaning that the term vessel had ac- Indemnity Agreements

quired in general maritime law” and “suppl[ies] the Can you be indemnified for your own negligence?

default definition of vessel throughout the U.S. Code, Who has authority to sign these agreements? What

8:00 a.m. Registration Opens

‘unless the context indicates otherwise,’” bears di- form of contract is valid—MSA vs. Work Order? What

Includes continental breakfast. rectly on the coverage of the Jones Act and the LH- applies to them?

WCA and has important jurisdictional and substantive Forum Selection Clauses, Arbitration

implications throughout the maritime law. Clauses:

Mr. Beckcom will discuss the U.S. Supreme Court’s re- Plaintiff:

8:30 a.m. Welcoming Remarks cent decision in the Stewart v. Dutra case and provide Winston E. Rice, Covington, LA

his interpretation of the case from the plaintiff’s side. Defense:

Principal speaker: Patrick Appel, San Ramon, CA

David W. Robertson, Austin Indemnity:

8:45 a.m. .75 hr Plaintiff:

Comments:

Brian Beckcom, Houston Winston E. Rice, Covington, LA

Recent Developments in Admiralty and

James Patrick Cooney, Houston Defense:

Maritime Law at the National Level and in Charles R. Lane, New Orleans, LA

Thomas C. Fitzhugh III, Houston

the Fifth and Eleventh Circuits Choice of Law:

This annual update covers the admiralty work of Con- Defense:

gress, the Supreme Court, and the Courts of Appeals Kenneth G. Engerrand, Houston

for the Fifth and Eleventh Circuits. It also includes

selective coverage of other courts of appeals.

12:30 p.m. Luncheon Presentation

David W. Robertson, Austin 3:45 p.m. 1.00 hr including .50 hr ethics

Additional fee; please select on registration form.

Paper also by Michael F. Sturley, Austin

Investigating a Maritime Accident:

International Maritime Contracts in the

Practical and Ethical Aspects

Energy Sector .50 hr

Maritime fires and explosions pose serious threats to

Captain William Schubert, former Maritime Adminis-

Supreme Court Overview life and property. Investigations to determine the

trator (2000-2005) will address U.S. Maritime Policy and

root cause require the application of the scientific

what it was like for him to try to get things done during

method. Panelists will also address practical and legal

his tenure in Washington, D.C.

issues an attorney must consider when investigating a

9:30 a.m. .50 hr Captain William G. Schubert maritime accident.

The Woodlands

Expert – Dr. John Atherton, Marietta, GA

Spector v. Norwegian Cruise Line—The

Defense – William P. Glenn, Jr., Galveston

ADA and Foreign Ships Plaintiff – James A. George, Baton Rouge, LA

We will explore the effect of the U.S. Supreme Court’s

decision in Spector v. Norwegian Cruise Line on the

maritime industry. 1:30 p.m. .50 hr ethics

4:45 p.m. Adjourn

Michael J. Muskat, Houston All You Need to Know to Keep Your Boat

Afloat

Revisions to the Federal Rules of Civil Procedure are ABOUT THE CONFERENCE

under discussion. Learn what is being proposed and This is the leading annual Texas CLE event that

10:00 a.m. Break

how to best counsel your clients on what should be

retained and what should be tossed overboard! focuses on legal developments in the special-

Lana K. Varney ized area of admiralty and maritime law. The

10:15 a.m. .75 hr Austin

Institute offers a unique opportunity for expe-

Norfolk Southern Ry. v. James N. Kirby rienced practitioners to stay abreast of global

Pty Ltd. and national developments in the law affect-

In a rare cargo case, the U.S. Supreme Court has

ing shipping, offshore mineral exploration and

not only announced two important new principles of 2:00 p.m. .50 hr

cargo law but has also fundamentally changed a key production, and related activities. Those with

rule of admiralty contract jurisdiction and reaffirmed

Perspectives from the Bench

Hon. Clement gives her view from the bench, such less experience in these areas will find the event

a traditional principle of maritime law federalism that

has been under fire in recent years. as 5th Circuit cases of interest, and the different per- ideal to become exposed to the nuances of

spectives of district v. circuit judges.

Principal Speaker: admiralty practice and to network with more

Michael F. Sturley, Austin Hon. Edith Brown Clement

Comment: New Orleans, LA experienced practitioners.

Katherine E. Wilson, Jacksonville, FL





Phone: 512-475-6700 Fax: 512-475-6876

HOW TO REGISTER 2005 ADMIRALTY AND MARITIME LAW INSTITUTE AM05



Mail this registration form or fax a copy to: (512) 475-6876

The University of Texas

School of Law

Attn: CLE - AM05



PLEASE PRINT CLEARLY

P.O. Box 7759

Austin, TX 78713-7759 Bar Card# ❑ TX ❑ Other State: ❑ N/A





WEB: www.utcle.org Name [ Mr. / Ms. ]





FAX: 512-475-6876 Firm





PHONE: 512-475-6700 Address





City State Zip





Telephone Fax



Course Binder – The Definitive Registrant’s Email (required)

Resource for Admiralty and

Maritime Lawyers Assistant’s Email (optional)

Invoices, confirmations and receipts are emailed to these addresses.

The Admiralty and Maritime Law

Conference generates the year’s

definitive set of resource materials REGISTRATION

Binder

Includes Course Binder.

for maritime lawyers. Don’t miss an

encyclopedic guide to recent case ❑ Early Registration Fee due by Wed., Oct. 12, 2005 $295.00

law developments and current is-

sues, along with practical strategies ❑ Registration Fee after Wed., Oct. 12, 2005 $345.00



— over 400 pages of user-friendly

materials.

❑ Lunch Presentation with Captain William G. Schubert $25.00





CONFERENCE PUBLICATIONS AND MEDIA

Audio CD Set Allow 2-4 weeks from conference date for delivery.

The Admiralty Law Conference

presentations are available on ❑ Course Binder $125.00

Note: Conference registration includes course binder.

CD. Whether you can’t make the

conference, or just want to replay a ❑ Audio CD Set $125.00

particular presentation — you’ve got

options. ❑ eBinder on CD (PDF format) $125.00/$50.00

($125 purchased alone, $50 with registration or purchase of Course Binder or Audio CD Set)





eBinder on CD

Get the entire conference binder on IN-HOUSE CLE: Bring the conference in-house and learn at your convenience .

Allow 2-4 weeks from conference date for delivery.

CD, in electronic PDF format. Only

$50 if added to a registration or pur-

chase of Course binder or Audio CD

❑ In-House CLE for 2 - Includes Audio CD Set and 2 Course Binders $400.00



Set. $125 purchased alone. Add participants (includes Course Binder) for $100 each $



TOTAL ENCLOSED $

In-House CLE

Would your firm or company like to METHOD OF PAYMENT

run an in-house version of this con- ❑ Check (make checks payable to: The University of Texas at Austin)

ference, with full participatory MCLE

❑ VISA or ❑ Mastercard (sorry, no AMEX or Discover)







---

credit? Order In-House CLE: We’ll

accredit the course for you and pro-

Card #

vide an Audio CD Set, plus a Course





/

Binder for each participant.



X

Authorized Signature Exp. Date (mm/yy)

C O N F E R E N C E FA C U L T Y

HOUSTON PATRICK APPEL KENNETH G. ENGERRAND WINSTON E. RICE

Oct 21, 2005 Major Capital Projects Brown Sims, P.C. Winston Edw. Rice, LLC

Chevron International Exploration and Houston, TX Covington, LA

CONFERENCE LOCATION Production Company

San Ramon, CA THOMAS C. FITZHUGH, III DAVID W. ROBERTSON

Fitzhugh, Elliott & Ammerman, P.C. The University of Texas School of Law

JOHN ATHERTON, PH.D. Houston, TX Austin, TX

Burgoyne Incorporated

Marietta, GA JAMES A. GEORGE CAPTAIN WILLIAM G. SCHUBERT

George and George, Ltd. Former U.S. Maritime Administrator

Baton Rouge, LA President, International Trade and

BRIAN BECKCOM Transportation, Inc.

Vujasinovic & Beckcom L.L.P. WILLIAM P. GLENN, JR. The Woodlands, TX

Houston, TX Royston, Rayzor, Vickery & Williams, LLP

Four Seasons Hotel Galveston, TX MICHAEL F. STURLEY

1300 Lamar The University of Texas School of Law

HON. EDITH BROWN CLEMENT

Houston, TX 77010 CHARLES R. LANE Austin, TX

U. S. Court of Appeals for the Fifth Circuit

713-652-6266 Halliburton Company

New Orleans, LA

New Orleans, LA LANA K. VARNEY

$185 (subject to availability) good Fulbright & Jaworski L.L.P.

through September 28, 2005 JAMES PATRICK COONEY MICHAEL J. MUSKAT Austin, TX

Royston, Rayzor, Vickery & Williams, L.L.P. Vinson & Elkins

Parking: Valet $12/day, $25 overnight Houston, TX Houston, TX KATHERINE E. WILSON, ESQ.

CSX Transportation

Jacksonville, FL

•••••••••••••••••••••••••••••••



KEY DATES PLANNING COMMITTEE

Registration and Cancellation JULIA M. ADAMS BRADLEY A. JACKSON CLAUDE L. STUART, III

Westmoreland Hall, P.C. Royston, Rayzor, Vickery & Williams, L.L.P. Phelps Dunbar LLP

Oct 12, 2005, 5 p.m. Houston, TX Houston, TX Houston, TX

•last day for early registration

add $50 for registrations BRIAN BECKCOM HOLLIS L. LEVY MICHAEL F. STURLEY - CHAIR

received after this time Vujasinovic & Beckcom L.L.P. The University of Texas School of Law The University of Texas School of Law

Houston, TX Austin, TX Austin, TX

Oct 14, 2005, 5 p.m.

•last day for full refund W. ROBINS BRICE PETER A. MCLAUCHLAN STEPHEN M. VAUGHAN

Royston, Rayzor, Vickery & Williams, L.L.P. Adams & Reese LLP Tucker, Vaughan, Gardner & Barnes, P.C.

Oct 17, 2005, 5 p.m.

Houston, TX Houston, TX Houston, TX

Monday before conference

•last day for partial refunds GEORGE F. CHANDLER, III STEVEN L. ROBERTS W.M. VON ZHAREN

$50 processing fee applied Hill Rivkins & Hayden LLP Fulbright & Jaworski L.L.P. Department of Marine Sciences

Houston, TX Houston, TX Texas Institute of Oceanography

Oct 21, 2005, 8:45 a.m. Texas A&M University at Galveston

•conference begins KENNETH G. ENGERRAND DAVID W. ROBERTSON - CHAIR Galveston, TX

Brown Sims, P.C. The University of Texas School of Law

Houston, TX Austin, TX



THOMAS C. FITZHUGH, III JILL A. SCHAAR

Fitzhugh, Elliott & Ammerman, P.C. Locke Liddell & Sapp LLP

M This course has been approved for

Minimum Continuing Legal Educa-

Houston, TX Houston, TX





C tion credit by the State Bar of Texas

Committee on MCLE in the amount

W. GARNEY GRIGGS

Strasburger & Price, LLP

EUGENE J. SILVA, SR.

Vinson & Elkins L.L.P.

www.utcle.org

L Online Courses

Houston, TX Houston, TX

of 7.00 hours, of which 1.00 credit

hours will apply to legal ethics/pro-

E fessional responsibility credit.

MICHAEL B. HUGHES

McLeod, Alexander, Powel & Apffel, P.C.

EUGENE JOSEPH SILVA, JR.

Vinson & Elkins L.L.P.

Galveston, TX Houston, TX









UTC LE

NON-PROFIT-ORG

14th Annual

U.S. Postage Paid

ADMIRALTY AND MARITIME LAW CONFERENCE The University of

T HE U NIVERSITY OF TEXAS AT A USTIN Texas

October 21, 2005 • Four Seasons Hotel • Houston, Texas

THE UNIVERSITY OF TEXAS SCHOOL OF LAW School of Law

P.O. Box 7759 • Austin, TX 78713-7759



This program is not printed or mailed at state expense.









E-mail us at

utcle@mail.law.utexas.edu

or call us at

512-475-6700

for more information



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