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Contracts Case Summary K 1L

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									APPELLATE LAW & CASES THAT MATTER TO YOU!
          Appellate Law Section Program
             Hot Topics and Updates




                     David Coale
                    K&L Gates LLP
                     Dallas, Texas

                    Marcy Greer
               Fulbright & Jaworski L.L.P.
                      Austin, Texas

                    Daryl Moore
                  Daryl L. Moore, P.C.
                    Houston, Texas

                 Scott Rothenberg
             Law Offices of Scott Rothenberg
                    Houston, Texas




             Friday, June 11, 2010
             9:00 a.m. – 9:45 a.m.
                                    DAVID S. COALE
                          1717 Main Suite 2800; Dallas, Texas 75201
                           214-939-5595; david.coale@klgates.com

Employment

2008-          Partner, K&L Gates LLP

1994-2008      Carrington, Coleman, Sloman & Blumenthal, L.L.P.
               Head of the firm’s business litigation practice group

1993-94        Clerk, Hon. Patrick Higginbotham, U.S. Fifth Circuit Court of Appeals

Professional Activities and Recognition

Named to every list of “Texas Super Lawyers” in business litigation, Texas Monthly

Named yearly as a “Best Lawyer in Dallas” in business litigation, D Magazine, 2007-present

Named a “Defender” as one of fifteen leading defense lawyers, Dallas Business Journal, 2009

Elected member, American Law Institute; member, Special Committee on Technology

Chair-Elect, State Bar of Texas Appellate Section

Recent Cases

Reversal of a default judgment. MobileVision Imaging Services, L.L.C. v. LifeCare Hospitals of
North Texas, L.P., 280 S.W.3d 561 (Tex. App.—Dallas 2008, no pet.)

Maintained Texas state court venue over a multiparty case with multiple removals and parallel
suits. See Ondova Limited Co. v. Manila Indus., Inc., 513 F. Supp.2d 762 (N.D. Tex. 2007).

Complex “con-tort” case about the sale of satellite facilities. GWTP Investments, L.P. v. SES
Americom, Inc., 497 F3d 478 (5th Cir. 2007).

Education

1993           J.D. with honors, University of Texas School of Law
               Order of the Coif; Chief Articles Editor, Texas Law Review
               Intern, Texas Court of Criminal Appeals; Champion, 1L moot court

1990           A.B. in economics cum laude, Harvard College
               National college debate champion on the fifth-ranked team of the decade
                                                          BIOGRAPHY: Marcy Hogan Greer


                                       Marcy Hogan Greer
                                       Partner

                                       "Complex litigation problems? We provide comprehensive solutions tailored to
                                       your needs."

                                       AREAS OF CONCENTRATION
                                       •   Appellate                                •   Corporate Governance
                                       •   Class Actions                            •   Pharmaceutical and Medical
                                       •   Complex Commercial Litigation                Devices
                                                                                    •   Product Liability

                                       EXPERIENCE
                                       Marcy Greer, a partner in Fulbright & Jaworski L.L.P.’s Austin office, joined the
Marcy Hogan Greer                      firm in 1994. Her practice is focused on civil trial and appellate litigation. Marcy
mgreer@fulbright.com                   has been board certified in Civil Appellate Law by the Texas Board of Legal
D: +1 512 536 4581                     Specialization since 1997.
Austin                                 Before joining the Firm, she was a law clerk for the Honorable Carolyn D. King,
600 Congress Avenue
Suite 2400                             who is the former Chief Judge of the United States Court of Appeals for the Fifth
Austin, TX 78701-2978                  Circuit.
T: +1 512 474 5201
F: +1 512 536 4598
                                       Marcy’s practice focuses upon the “law” side of the trial practice, principally
                                       litigation strategy and procedures in complex civil matters. Marcy has handled
Experience
 •   Extensive experience in solving   trial and appellate proceedings throughout the country, including a wide range of
     complex litigation problems in    substantive and procedural subject areas, such as administrative agency
     courts throughout the country.
                                       challenges, arbitration, antitrust, class actions, civil rights, contracts, health care,
                                       insurance, intellectual property disputes, labor and employment, mass torts, oil
Industries
 •   Pharmaceutical                    and gas, pharmaceutical and products, real estate, removals, and utilities.
 •   Insurance
 •   Oil & Gas                         REPRESENTATIVE EXPERIENCE
 •   Health Care Products and
     Services                          • Defended a take-nothing judgment in a complex lending transaction where
 •   Business Services                   plaintiff sought a $28 million tax benefit
 •   Banking and Finance
                                       •   Obtained a summary judgment on lack of causation in $15 million products
                                           liability action for pharmaceutical company
                                       •   Reversal of a $186,000,000 judgment in a breach of license agreement and
                                           fraud case with the plaintiff taking nothing
                                       •   Successful prosecution of an appeal to a state supreme court reversing a
                                           $7,000,000 judgment in a contract dispute with the plaintiff taking nothing
                                       •   Successful defense of an appeal to a state supreme court after invalidating on
                                           appeal a statewide administrative rule by the Public Utility Commission on the
                                           ground that the rule exceeded the agency's authority
                                       •   Successful writ of mandamus in which a state supreme court held in a case of
                  BIOGRAPHY: Marcy Hogan Greer

    first impression that a forum selection clause may be enforced by writ of
    mandamus if the trial court refuses to enforce the clause

PROFESSIONAL ACTIVITIES AND MEMBERSHIPS
• Supreme Court of Texas Pro Bono Pilot Project, Program Liaison (2007 -
  Present)
•   Texas Appleseed Lead Pro Bono Partner for Project on "Improving Outcomes
    for Children in Permanent Managing Conservatorship" (Foster Care)
•   American Bar Association, Tort Trial & Insurance Practice Section
       •   Leadership Academy (2007 - 2008)
       •   National Trial Academy Standing Committee (2090-2010)
       •   Appellate Advocacy Committee, Vice-Chair (2006 - 2010)
       •   Business Litigation Committee, Vice-Chair (2006 - 2010)
       •   Corporate Governance Task Force, Member (2007 - 2010)
•   State Bar of Texas Appellate Section
       •   Chair (2009-2010)
       •   Chair-Elect (2008 - 2009)
       •   Vice-Chair (2007 - 2008)
       •   Treasurer (2006 - 2007)
       •   Secretary (2005 - 2006)
       •   Pro Bono Committee, Co-Chair (2004 - 2006)
       •   Website Committee, Co-Chair (2003 - 2004)
       •   Council Member (2000 - 2003)
•   Founder, Center for Women in Law at the University of Texas School of Law
•   Federal Bar Association, Austin Chapter, Vice-President (2009-2010)
•   Robert W. Calvert American Inn of Court, Barrister (2005 - 2008)
•   Austin Bar Association
       •   Austin Bar Foundation Auction Chair (2007)
       •   Chair of the Civil Appellate Section (2002 - 2003)
•   American Bar Foundation, Fellow
•   Texas Bar Foundation, Fellow
•   Austin Bar Foundation, Fellow
•   Travis County Women Lawyers Foundation, Founding Fellow
                  BIOGRAPHY: Marcy Hogan Greer

PROFESSIONAL HONORS
• The Best Lawyers in America, Bet-the-Company Litigation (2010)
•   The Best Lawyers in America, Appellate Law (2006 - 2010)
•   The Best Lawyers in America, Commercial Litigation (2007 - 2010)
•   "Super Lawyers, Corporate Counsel, Edition," Appellate, Law & Politics
    (2009)
•   “Top 50 Women Lawyers,” Law & Politics (2007 - 2008)
•   “Top 50 Central and West Texas Region Super Lawyers,” Law & Politics
    (2007)
•   “Texas Super Lawyers,” Appellate Law, Law & Politics (2003 - 2009)

PUBLICATIONS
Marcy's publications and speeches include the following:

•   Editor, A Practitioner’s Guide to Class Actions, to be published in 2010 by the
    American Bar Association, Tort Trial and Insurance Practice Section, Book
    Editorial Board
•   "Civil Trial and Post-Trial Practice," Federal Court Practice Seminar, Federal
    Bar Association and the Austin Bar Association, Austin Chapter, 2008
•   "Arbitration Appeals and Challenges," State Bar of Texas Advanced Appellate
    Seminar, September, 2007
•   Chapter 1: Supersedeas in Federal Court; Superseding and Staying
    Judgments: A Natural Compendium (ABA TIPS 2007)
•   "Civil Trial and Post-Trial Practice," Federal Court Practice Seminar, Federal
    Bar Association and the Austin Bar Association, Austin Chapter, 2007, 2006,
    2005
•   "Supersedeas Practice in Federal Court," Fifth Circuit Civil News, 2005
•   "Preservation of Error," Ultimate Trial Notebook presentation, Austin Bar
    Association, February 2005
•   "Trial Errors Through the Eyes of the Appellate Bench," Women in Products
    Liability, American Bar Association, November 2004
•   “From the Petition for Rehearing and Beyond: Certiorari Practice,” Fifth
    Circuit Civil News, March 2004
•   “Rehearing Practice in the Fifth Circuit,” Fifth Circuit Civil News, October
    2003
•   “Tort Reform in Texas: Substantial New Developments That Will Change the
    Face of Litigation in Texas,” Austin Business Journal, October 2003
•   “Federal Post-Opinion Practice/from the Petition for Rehearing and Beyond,”
                  BIOGRAPHY: Marcy Hogan Greer

    Advanced Civil Appellate Practice Course, State Bar of Texas, San Antonio,
    Texas, September 19-20, 2001
•   “Complex, Multi-Party Litigation: What's Appealable and What's Not,” Ninth
    Annual Conference on State and Federal Appeals, The University of Texas
    School of Law, Austin, Texas, June 2-4, 1999
•   “Subject Matter Jurisdiction,” Chapter 1 of Business and Commercial
    Litigation in Federal Courts, Robert L. Haig. Ed., West Group & ABA, 1998

SPEECHES
• Speech, Mandamus Vignettes (mock oral argument to Justice Harriet O'Neill
   and former Justices Scott Brister and Deborah Hankinson), State Bar of Texas
   Advanced Appellate Civil Appellate Practice Course, September 2009
•   Speech, Who Wants To Be A Millionaire? A Tutorial On Class Actions For
    Bankruptcy Practitioners, University of Texas School of Law Bankruptcy
    Litigation Conference, Dallas, Texas, February 2009
•   Moderator of Panel on Amicus Briefs (panel included Justice Harriet O'Neill
    of the Texas Supreme Court, Chief Justice Sherry Radack of the Houston
    Court of Appeals [1st District], G. Edward Pickle, and Peter M. Kelly), State
    Bar of Texas Advanced Civil Appellate Practice Course, September 2008
•   "Supreme Court Update," co-presented with Justice Phil Johnson, State Bar of
    Texas 24th Annual Litigation Update, January 2008
•   "City of Keller: New Standards for Sufficiency of the Evidence Review,"
    State Bar of Texas 23rd Annual Litigation Update, February 2007
•   "Hot Spots to Preserve Error at Trial," 20th Annual Advanced Evidence and
    Discovery Course, State Bar of Texas, April 2007
•   "Hot Spots to Preserve Error at Trial," 19th Annual Advanced Evidence and
    Discovery Course, State Bar of Texas, April 2006
•   "Latest Developments in Class Action Law," The University of Texas,
    February 2006
•   "Preservation of Error," Ultimate Trial Notebook, Austin Bar Association,
    February 2005
•   "Trial Errors Through the Eyes of the Appellate Bench," Women in Products
    Liability, American Bar Association, November 2004
•   "Civil Trial and Post-Trial Practice," Federal Court Practice Seminar, Federal
    Bar Association and the Austin Bar Association, Austin Chapter, 2005
•   “Federal Post-Opinion Practice/from the Petition for Rehearing and Beyond,”
    Advanced Civil Appellate Practice Course, State Bar of Texas, San Antonio,
    Texas, September 19-20, 2001
•   “Complex, Multi-Party Litigation: What's Appealable and What's Not,” Ninth
    Annual Conference on State and Federal Appeals, The University of Texas
                                      BIOGRAPHY: Marcy Hogan Greer

                       School of Law, Austin, Texas, June 2-4, 1999

                   EDUCATIONAL BACKGROUND
                   1990 - J.D., cum laude, University of Houston Law Center
                   1987 - B.A., History & French, Emory University

                   Marcy was admitted to practice law in Texas in 1990. She is admitted to the
                   United States Supreme Court, the United States Courts of Appeals for the First,
                   Fifth, Seventh, Eighth, Ninth, Eleventh and Federal Circuits, as well as each of the
                   federal district courts of Texas and the United States District Court for the District
Austin
                   of Colorado.
Beijing
Dallas             INTERESTS
Denver             Marcy and her husband enjoy spending time with their three daughters. She is an
Dubai              avid reader and loves to swim, ski, and cook.
Hong Kong
Houston            CIVIC INVOLVEMENT
London             • Texas Appleseed, Member of Visionary Society
Los Angeles
Minneapolis        •   Children’s Council (fundraising for Dell Children’s Medical Center of Central
Munich                 Texas)
New York           •   St. Mark's Episcopal Church
Riyadh
San Antonio        LANGUAGE CAPABILITIES
St Louis
                   • French - Limited
Washington, D.C.
                                     D ARYL L. M OORE
                                   1005 HEIGHTS BOULEVARD
                                    HOUSTON , TEXAS 77008
                                         713.529-0048
LEGAL                                        South Texas College of Law, Houston, Texas
EDUCATION                                    J.D. - May 1989

GRADUATE                                     Houston Baptist University
EDUCATION                                    M.L.A - May 2008

UNDERGRADUATE                                University of Texas at Austin
EDUCATION                                    B.A. - English, 1985

PROFESSIONAL EXPERIENCE

     Sole Practitioner                       Daryl L. Moore, P.C.
     (Present)                               Houston, Texas

     Adjunct Professor                       University of Texas School of Law
     (8/08 - present)                        Austin, Texas
                                             (Appellate Advocacy)

     Adjunct Professor                       South Texas College of Law
     (1/07 - 5/07)                           Houston, Texas
                                             (Texas Trial & Appellate Procedure)

     Adjunct Professor                       University of Houston Law Center
     (10/90 - 5/95; 1/97 - 5/97)             Houston, Texas
                                             (Legal Research & Writing, Appellate Advocacy)

     Litigation Associate                    Schwartz, Campbell & Oathout, L.L.P.
     (9/90 - 2/93)                           Houston, Texas

     Briefing Attorney                       Fourteenth Court of Appeals
     (9/89 - 9/90)                           Houston, Texas 77002

PROFESSIONAL                                 Board Certified, Civil Appellate Law,
ACTIVITIES                                      Texas Board of Legal Specialization (1995)
                                             Chair, Civil Appellate Board Certification Exam (2008-2010)
                                             Chair, Appellate Practice Section,
                                                State Bar Of Texas (2008-2009)
                                             Chair, Appellate Practice Section,
                                                Houston Bar Association (2003)
                                             Martindale-Hubbell - AV-rating
                                             Texas SuperLawyer (Texas Monthly 2003, 2006-2009)

PUBLICATIONS                                 Author/Speaker (1992-present),
                                                Advanced Civil Appellate Practice Course,
                                                    State Bar of Texas
                                                State and Federal Appeals,
                                                    University of Texas
                                                Appellate Law for Trial Lawyers,
                                                    South Texas College of Law
                                             Author, O'Connor's Federal Forms,
                                                Civil Trials (Chapters 1-5) (1997)
                                             Co-Author, O'Connor's Federal Rules,
                                                Civil Trials (Chapter 3) (1996); O'Connor's Texas
                                                Forms, Civil Trials & Appeals (1994, 1996)
                                  SCOTT ROTHENBERG
                             Law Offices of Scott Rothenberg
                              2777 Allen Parkway, Suite 1000
                                Houston, Texas 77019-2165
(713) 667-5300 (telephone)         scottr35@ aol.com (e-mail)             (713) 667-0052 (telecopier)

PERSONAL

Married to Lisa Marie Auflick Rothenberg - 10/18/87 to present.
Four sons: Daniel, age 19; Jared, age 18; Benjamin, age 17 and Jacob, age 8.
Past President of 5550 North Braeswood Council of Co-Owners, Inc.
Past Director of Maplewood North-South Community Improvement Association.
Certified Little League Umpire, Little League Baseball, Waco, Texas.
Past-President, Braeburn Little League, Houston, Texas.
Past-Director, Braeburn Little League, Houston, Texas.

EMPLOYMENT

March 1994 to present                Sole proprietor/partner - Law Offices of Scott Rothenberg
                                     and Rothenberg & Gunn (1996-97).
March 1988 to Feb. 1994              Mithoff & Jacks, L.L.P., Houston, Texas
                                     Head of Appellate Section.
June 1985 to March 1988              Fulbright & Jaworski, Houston, Texas.
                                     Associate Attorney in Litigation and Appellate sections.

BOARD CERTIFICATION

Board Certified by the Texas Board of Legal Specialization in Civil Appellate Law - Dec., 1992.
Recertified by the Texas Board of Legal Specialization in Civil Appellate Law - 1997 to 2012.

PROFESSIONAL HONORS

College of the State Bar of Texas, 1994 Outstanding Continuing Legal Education Article of the
Year, "Advanced Legal Research-- 15 Tips and 20 Traps." Author and Speaker.

Recipient, State Bar of Texas President’s Award in Appreciation for Outstanding Contributions
through Distinguished Service to the Lawyers of Texas - General Session State Bar of Texas
Annual Meeting, June 1999.

“AV” rated by Martindale-Hubbell Law Directories - 1997 to present.

Named by Texas Monthly Magazine as a Texas Appellate “Super Lawyer,” November 2004,
http://www.superlawyers.com/texas.asp.

Named by Texas Monthly Magazine as a Texas Appellate “Super Lawyer,” November 2003,
http://www.superlawyers.com/texas.asp.

Highest Rated Speaker, South Texas College of Law, “Tips and Tactics in Handling Appeals,”
panel discussion, December 2000.

								
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