The Advocate

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