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Thought Leadership / News
November 2, 2016 
The Art of Business Litigation
A Conversation (Business & Ethics), Sips & CLE

Join Judge Caroline Baker of the 295th Civil Court and Gray Reed's Sofia Adrogué, editor, Texas Business Litigation, as they moderate a panel of six contributing authors, including Gray Reed's Jim Ormiston, who will speak on different aspects and the latest pitfalls of business litigation. The overall theme through the entire CLE presentation will be the role of civility in zealous legal advocacy. In addition, several of the panelists will cover the cutting edge issue of litigation finance (with its accompanying ethical considerations).

Wednesday, November 2, 2016
4 p.m. - 7 p.m.

River Oaks Country Club
1600 River Oaks Blvd.
Houston, Texas 77019 

Wine Reception & Light Hors d'oeuvres - 4 p.m. to 4:30 p.m.

Session 1 - 4:30 p.m. to 5:45 p.m. (1.25 HR CLE/1.25 HR Ethics)

  • Breach of Fiduciary Duty
    • Scope, including loyalty and candor
    • Informal fiduciary relationships
    • Conflicts and other ethical considerations
  • Preservation of Error - Appeal Tactics and Ethics
    • Pretrial motions, including ethics in handling motion to recuse and mandamus
    • Trial, trial and post trial motions, including civility, courtroom decorum, and duty of candor with the court
  • Contorts: Contract or Tort - What Difference Does it Make?
    • Good faith and fair dealing, breach of warranties, fraud, tortious interference
    • Ethical consideration and conflicts of interest
    • Trust relationships and duty of good faith

Session 2 - 5:45 p.m. to 7 p.m. (1.25 HR CLE/0.75 HR Ethics)

  • Experts in Business Litigation Cases
    • Core admissibility requirements and burden of proof
    • Related facts and irrelevant testimony
    • Ethical responsibility
    • Duty of disclosure and potential sanctions
  • Criminal Law in Business Tort Cases
    • DOJ's principles of corporate prosecution
    • Upjohn, separate counsel and joint defenses
    • Deferred prosecution agreements
    • Clues to knowing you have a "criminal" problem
  • Selected Causes of Action and Ethical Issues Unique to the Oil & Gas Industry
    • Breach of implied covenants
    • Breach of duty by executive rights holders
    • Pooling agreements


For more information, visit