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; email@example.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 firstname.lastname@example.org 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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