The activities (well, aside from golf) continue with CLE at the hotel in Plano at 2pm with panels on not lying to judges (more or less), the past, present and future of the ED Tex, a high Octane panel on patent issues and the Fifth Circuit's new hyperlink program.
Tomorrow evening continues with a reception, opening remarks by Chief Judge Davis, and dinner, which features Dallas law school deans from UNT and SMU, presentation of the Hannah award, and remarks on professionalism by Baylor President Kenneth Starr. After that we have a keynote presentation by Fifth Circuit Chief Judge Carl Stewart, also on professionalism (but less likely to involve discussion of Baylor football), followed by dessert and dancing with ED Tex veteran (in both the courthouse and the dance floor, as we now know) Emerald City (President & Mrs. Bush are not expected to accompany the band).
Thursday morning has panels on patent litigation statistics, practice in the ED Tex, yet more practice on the ED Tex, how to screw up (or not) at trial, and the Mark Cuban trial. That brings us to lunch.
Thursday afternoon is a presentation on legal writing in the cell phone age, and a panel on legal writing in a paperless world. Following a break, we get into how to invalidate patents, and a panel with Federal Circuit Judge Kimberly Moore and some of her former law clerks on practice in the Federal Circuit.
Thursday afternoon is also the panel I have been working on Circuit Judges and District Judges: What Can They Learn From One Another? What Can Lawyers Learn From Listening? with Chief Circuit Judge Sharon Prost and Judge Timothy Dyk from the Federal Circuit, Chief Judge Leonard Davis and Judge Rodney Gilstrap from the ED Tex, Judge Barbara Lynn from the ND Tex (not the legendary blues guitarist, singer, and songwriter from Beaumont, just in case you were wondering), and Judge Sue Robinson from the District of Delaware, with Jennifer Ainsworth, Glenn Thames and I as interactive facilitators. Not often you get six judges like this on the same panel, so I look forward to that one.
Thursday evening has another reception, dinner on your own, and then Reflections of ED Texas/ND Texas 2014 Patent Mock Trial Presented at China University, Beijing with Comparative Ethics. And After Dinner Drinks by the ND and ED Texas lawyers and judges who participated in the Presidential Suite. Discussions are set to conclude at 10:30. Drinking is expected to continue after then.
Friday morning, if we can stagger out of our respective hotel rooms after two nights of conversing about the latest trends in federal court litigation till all hours, we will be greeted with a panel on Hatch-Waxman Behind the Pine Curtain (which had damn well better be accompanied by some choice pharmaceuticals if they want anyone awake), in-house counsel wish lists, patent case management, and patent litigation management (again). Again, the first is an academic presentation, then the second has four judges who might know something about managing a patent docket: Judges Davis and Gilstrap from the Eastern District and Judges Leonard Stark and Sue Robinson from Delaware.
After a buffet lunch, attendees with be treated to a panel on current proceedings at the Board of Patent Appeals and Interferences, Jurors Gone Wild (that's the next panel which is about juries, not the name of the BPAI panel), and then a panel of actual ED Tex patent case jurors. Whether they will, too, go wild is anyone's guess.
My recent post about the new ED Tex bar website, reminded me that I wanted to call to readers' attention the page concerning the new Association for Former Law Clerks of the Eastern District of Texas. If you are a former law clerk of the Eastern District of Texas (like the exemplars shown at left) and would like to join the Association, please click here.
I have neglected to note that this year the Eastern District of Texas Bar Association (have I mentioned its fancy new website?) is partnering with not just the Federal Circuit Bar Association, but also the Center for American and International Law, from Plano, Texas, in putting on the bench/bar. We've had highly successful conferences in the past with the FCBA, and are looking forwarding to working with the CAIL as well. They have been involved in recent years, as attendees know.
Speaking of the Federal Circuit, the agenda includes four members of that court this year - Chief Judge Sharon Prost and Judges Timothy Dyk, Kathleen O'Malley and Kimberly Moore.
A current (as of September 18) brochure is attached - Download 9-18-14 Bench Bar 2014 Brochure. You also may register online at https://www.cailaw.org/eventRegistration.html?e=1215 Again, for other information, contact Conference Chairman Clyde Siebman at email@example.com or Executive Director Elizabeth Black Berry at Elizabeth.Berry@sbcglobal.net.
The opening event of this year's bench/bar will be a ceremony recognizing the late U.S. District Judge Paul Brown as the United States Courthouse in Sherman, Texas, is named in his honor. The event will be held Wednesday, October 22, 2014 at 10:00 AM at the courthouse, which is located at 101 East Pecan St. in Sherman.
Assistant U.S. Attorneys Traci L. Kenner and Matt Quinn of the U.S. Attorney's Office in the Eastern District of Texas were two of 243 members of the Department of Justice recognized by Attorney
General Eric Holder and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 30th annual Director's Awards Ceremony on Sep. 10, in Washington D.C.
In his prepared remarks to awardees, Attorney General Holder said, “Locally, nationally, and internationally, you represent the very best that this Department has to offer. Your work embodies our ongoing commitment – not merely to win cases, but to do justice; to protect our fellow citizens from crime, violence, and terrorism; to empower the most vulnerable among us; and to uphold the rule of law.”
EOUSA Director Monty Wilkinson echoed those sentiments, saying to the recipients, “You have persevered, and remained focused and motivated – achieving remarkable results in work that makes a difference in the lives of citizens across our great country. The vast scope of your collective accomplishments is nothing short of exceptional.”
Traci Kenner, of the Tyler office, was recognized for her outstanding performance as an Appellate AUSA and the Eastern District of Texas's Appellate Chief. During her tenure, AUSA Kenner has made significant improvements to the district appellate program. In particular, AUSA Kenner's exemplary handling of the appeal of United States v. Ebron, a capital murder trial originating in a Bureau of Prisons facility in the Eastern District of Texas, preserved a conviction and death sentence in a case with unusual appellate issues that could have -- but for AUSA Kenner -- resulted in a reversal and retrial. Instead, the final outcome was an affirmance in the Court of Appeals and denial of certiorari by the United States Supreme Court.
As readers know, the annual Bench Bar Conference for the Eastern District Federal Courts is scheduled for October 22 - 24, 2014 at the Plano Marriott at Legacy Town Center in Plano, Texas. A highlight of the annual conference will be the award of the 2014 John Hannah, Jr. Award for Public Service in memory of the former chief judge of the Eastern District of Texas. The award recognizes a Texas attorney admitted to practice in the Eastern District of Texas who has demonstrated a superior commitment to public service. Nominees should have a record of public service that is marked by high standards of personal integrity and dedication.
To download a copy of the announcement letter from E.D. Bar association President Kirk Mathis requesting submission of nominations which contains more details about the award and nomination deadline, please click the link below:
To download the nomination form, please click the link below:
Former Texas Governor Mark White will be the speaker at the annual fall meeting of the Davidson Foundation held at the Josephine Davidson Memorial Chapel situated on Davidson Road at the center of the Foundation's 3000 acres near Harleton in northwestern Harrison County.
This fall's program begins at 11a.m. on Saturday, September 20, 2014 and following Governor White’s appearance, all those in attendance are invited to remain and enjoy a complimentary catered lunch on the chapel grounds.
Governor Mark White is a native East Texan, born in Henderson, Rusk County. He served as the 43rd Governor of Texas from January 18, 1983 to January 20, 1987. Before being elected Governor, he was elected and served as Texas Attorney General from 1979 to 1983. He also served as Texas Secretary of State from 1973 to 1977. He is a graduate of Baylor University and later earned his Juris Doctor degree from the Baylor University School of Law. After graduating from Baylor Law School, he practiced law in Houston before becoming Secretary of State. Governor White brings a broad and thoughtful perspective to many of the most pressing of our state's current legal and political issues. His comments on our constitutional system within this context promise to be memorable.
Situated on a country road between Harleton and Gilmer, the Josephine Davidson Memorial Chapel was constructed to honor the mother of one of Harrison County’s most outstanding jurists and political figures. Judge T. Whitfield Davidson, being largely self-educated “read the law,” and then passed the Texas Bar Exam. He served as City Attorney in Marshall, Texas; State Senator; Lt. Governor and subsequently ran for Governor of Texas in 1924 on a platform opposing the Ku Klux Klan, which was then attempting to influence and control many state offices. Though he failed to win the governor’s race, he was appointed United States District Judge by President Franklin D. Roosevelt where continued his battle against vigilante justice until he was in his 90s.
Having no children of his own, in 1955 Davidson decided to use his wealth to honor his mother by building a stone chapel in her name on the farm where he was born. He intended it to last forever, he said, and was buried there himself in 1974, just two years shy of his 100th birthday.
When he established the Davidson Foundation he gave its Trustees two mandatory tasks: maintaining the chapel and holding two gatherings there each year. One was to be in the fall where someone “learned in the Constitution and laws of the land” would speak and one in the spring as a celebration of “the faith of our fathers.” Reflecting, perhaps, on his own memories of arduous trips to the county seat from the country, he made sure the guests at each gathering would be fed before they left the chapel grounds.
To reach the Davidson Chapel from Marshall, travel north on S.H. 154 to Harleton, then turn onto FM 450 North and follow it until it meets the Davidson Road (a TxDOT sign marks the turn) then turn left from FM 450 onto Davidson Road and follow it until it intersects the entrance to the Chapel property, which is marked with a sign for the entrance. From Gilmer take S.H. 154 southeast to Harleton and follow the same directions. From Longview, take Alpine Road (FM 2208) north to Harleton and then follow the same instructions. From Jefferson, take FM 2208 west to Harleton and then follow the same instructions
The Foundation’s Trustees invite the public to enjoy this unique East Texas tradition with a truly impressive jurist and speaker in one of our area’s most picturesque settings.
I have known Dave since he first came to our district more than 20 years ago, and worked with him very closely in the nine years that I chaired the district's local rules committee. He has been an extraordinary public servant and the lawyers that practice in this district will never know how much they owe Dave and his staff for pushing to make the clerk's office as extraordinarily efficient as it is in handling the mother of all dockets, and all of this during an unprecedented period of budget cuts within the clerk's office. If Dave had been captain of the Titanic, he would have reconfigured the ship as a functioning submarine before it sank, passed out charts and graphs when it reached New York explaining how much water had been taken aboard by compartment, and noted that if Congress had given us our full allocation of lifeboats the ship could have also worked the cod fishery along the Newfoundland coast along the way.
What many do not know is that Dave didn't simply apply the tools at hand to managing the court's operation throughout his tenure. Many, many of the procedures that we now take for granted, including aspects of electronic filing such as the ability of attorneys to file documents under seal from our offices, were innovations that were developed locally as result of a "wouldn't it be great if we could…" conversation with Dave that he then worked to get into the next release of the ECF system nationally - because we needed it desperately here. Much of that happened behind the scenes, but I cannot overstate how much credit Dave deserves for it.
Below is a link to a job vacancy notice and application instructions for the position of clerk:
The application deadline for the position is October 7, 2014. Qualification requirements include:
(Okay, I may have made up that last one). If you know of a qualified candidate who might be interested in this job, please pass this information on to them. And tell them that they had damn well be better be proficient in the loaves and fishes thing, because it is a job requirement as well. (Other members of the court family handle the walking on water part).