Texas Appellate Law Blog : Texas Appellate Lawyer & Attorney : D. Todd Smith Law Firm : Appeals, Sanctions, Summary Judgment : Austin, Texas

Well, we know what I've not been doing much of lately—blogging.

Since my last entry, I have helped with a jury trial here in Travis County, immersed myself in a complex adversary proceeding in bankruptcy court that's set for a two-week trial later this month, done some things to get ready for the official opening of Solo Practice University, prepared for an Inn of Court CLE presentation, and signed up a couple of new appeals.

Ironically, blogging has brought attention even without doing it, as I recently taught a teleseminar at Legal Research and Writing Pro entitled "How to Market an Appellate or Contract Lawyering Practice Using Blogging and Social Media" and gave an interview for a LexBlog Q&A post.

Meanwhile, I've missed commenting on three sets of Texas Supreme Court orders (2/13/09, 2/20/09, and 2/27/09, with opinion summaries here and here) and some other noteworthy developments.  As I said in the LexBlog interview, I enjoy blogging for the sake of blogging, aside from the other reasons I do it.  I hope to be back to a more regular schedule soon.

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Two years ago today, I launched this blog—the first of its kind in Texas— to engage folks who are interested in or involved with civil appellate issues.  As was the case last New Year's Day, publishing content and interacting with readers remains very fulfilling, and the blog continues to open doors for my practice.  I hope it remains a useful tool for its audience.

I wish everyone reading this post a blessed, safe, and productive 2009.  As I reflect on the past year and consider my goals for the next, here are some of my favorite posts from 2008:

• Third Court Taking Courtesy E-Copies
• Fairfield Raises More Questions Than It Answers
• Third Court Oral Argument Call-Out
• U.S. Supreme Court Invalidates Custom Standards of Judicial Review Under FAA
• How Should Contingent-Fee Agreements Address an Appeal?
• Forthcoming Appellate Rule Changes
• Should In-House Counsel Stick with Big Firms on Appeal?
• FDLS Appeal(s) Will Come to Austin
• Why I Love Oral Argument
• Newsflash:  Appellate Judges Read Blogs
• Two Years and Counting
• 20 Questions About Texas Appellate Practice (with links to related posts—regrettably, still a work in progress)
• Supreme Court Rolling Out New Digitization Projects
• Blawg Review #174
• Revised TRAP Amendments Effective Today
• SBOT Appellate Section Re-Launches Web Site
• What Is the Deadline for "Ungranting" a New Trial?
• On Reluctance to Engage Appellate Counsel (the original and Part 2)
• Oral Argument Rituals
• Texas Appellate-Court Election Results
• Extensions of Time in the Third Court
• Follow the Texas Supreme Court Via RSS
• Flying Solo in Appellate Law
• Texas Lawyers to Follow on Twitter

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Last Updated 1/12/09:  Borrowing an idea from JD Scoop, I have decided to compile and maintain an index of Texas lawyers, legal professionals, and firms who actively use Twitter.  The alphabetical list (by username) appears below.

Like everything else, Twitter is what you make of it.  Though originally geared toward personal communications, it has evolved into a powerful networking and business-development tool.  I hope this list helps Texans working in the legal field connect with each other in ways they wouldn't have otherwise.

I am starting the list off at 20, but I anticipate it will grow over time.  The descriptive information comes from Twitter bios or other online sources.  If you want to revise yours, or if you're not on the list and would like to be, tweet me.

1. @aellislegal:  Recruiter placing bankruptcy attorneys nationwide and all attorneys within Texas.
2. @bigtkirk: Tom Kirkendall seeks freedom and justice in an increasingly regulated world.
3. @bksanchez:  Houston civil litigator.
4. @BlakeMBoyd:  Trial technologist and presentation specialist. based in San Antonio.
5. @BobKraft:  Injury, disability, and immigration lawyer in Dallas.
6. @bschuelke:  Partner in an Austin plaintiff's litigation law firm.
7. @chucknewton:  Husband, father, lawyer, Third Waver, carpet commuter, spare room tycoon.
8. @dtoddsmith:  The author of this blog.  Board-certified civil appellate practitioner based in Austin but practicing statewide.
9. @fulbright:  The international law firm of Fulbright & Jaworski L.L.P.
10. @glambert:  Law librarian and blogger.
11. @HouCrimLaw:  Houston criminal defense trial philosopher . . . and lawyer.
12. @mexicolawblog:  Mexican law and news for businesses and investors.
13. @nicolebroussard:  Longview-based immigration attorney.
14. @jackson_walker:  Jackson Walker L.L.P.
15. @johnsirman:  State Bar of Texas web manager and Texas Bar Journal technology editor.
16. @martinvisalaw:  Immigration lawyer with more than 11 years experience.
17. @PaulBKennedy:  DWI and criminal defense lawyer in Houston.
18. @shannongracey:  Shannon, Gracey, Ratliff & Miller, LLP.
19. @startuplawyer:  Startup lawyer and blogger.
20. @statebaroftexas:  Providing an array of services for members and the public.
21. @tamerabennett:  Copyright, trademark, and entertainment lawyer, among other things.
22. @TRLA:  Texas RioGrande Legal Aid.
23. @TheHRLawyer:  San Antonio lawyer handling disputes involving overtime pay, discrimination, wrongful termination, noncompete & separation agreements, and other employment-related issues.
24. @TomMighell:  All-around tech and collaboration guru.

1/12/09:  My friends at LexBlog are offering a free service known as LexTweet that collects tweets from members of the legal community.  It is an excellent source for identifying people to follow and is not limited by jurisdiction.

For a plain-English explanation of Twitter, watch the following video:

 

 

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A sample of my microblog entries thus far in December appears below. To receive all of my updates, follow me on Twitter at at @dtoddsmith.

Thanks to @glambert for including me as nos. 32, 45, 65 & 125 in the "'Must Read' Blog Posts of 2008" at http://is.gd/cv74. A great list.

Texas Lawyer says the intermediate appellate courts are hearing more oral arguments. I link and add a few thoughts at http://is.gd/bYTl.

Yet another appellate law blog closes down, http://is.gd/bHlk. Good reason (entering public service), but I don't like the trend.

WSJ.com picked up my post on the 2010 judicial races in Austin, http://is.gd/bnc2. Always a good feeling.

Reading "Texas Appeals Court Does About-Face in Vioxx Case," http://is.gd/bkqG.

3rd CA Justice Patterson confirms candidacy for district bench, Kurt Kuhn to run for her spot, both in 2010: http://is.gd/bhPI.

New 3rd Court of Appeals Chief Justice Woodie Jones to preside over oral arguments starting January 14, http://is.gd/bdEl.

Hate to see another appellate blogger hanging it up: http://is.gd/b52l. Farewell Appellate Law & Practice. Thanks for the inspiration.

Just filed a motion for new trial in a case in the Rio Grande Valley. Ah, technology!

Reading "How to Build a Better Law Blog," http://is.gd/aGxs. @kevinokeefe quoted.

Had lunch with another Austin appellate lawyer. Enjoyed the visit, even though he's technically a competitor. Keeping up referral sources.

Appellate counsel, wasting the court's time could cost you $6,000, per http://is.gd/a5vc (HT @publicrecords).

Reading "Boutique Firms Well-Positioned in Current Economy," http://is.gd/a23g.

I'm in one of those places where I've been too busy to blog, but able to take 30 seconds to string together 140 characters periodically.

Note to self: If you want to make the ABA Top 100, don't write a blog covering a niche practice area in a specific jurisdiction.

New ABA Blawg 100 is out at http://is.gd/9MeG. Lots of familar names on the list. Only half were repeats from last year. HT @startuplawyer.

After mildly criticizing TexasBarCircle, I've been asked to join the SBOT Web Services Committee, which oversees it. Thanks @johnsirman.

Reading "UT fraternity will get new trial in wrongful death case," http://is.gd/9cLR. Judge John Dietz set default judgment aside.

Signed up two new appeals today, one 5th Circuit and one 13th CA, and I'm not even in the office. Technology is wonderful.

Reading "Boutique firms well-positioned to ride it out," http://is.gd/96Lb.

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You may have noticed that things haven't been very active here at the Texas Appellate Law Blog over the last few weeks.  I've had plenty of things to write about, but just haven't found the time to sit down and put together coherent posts on those subjects that add any significant value.  Given my current workload and the time of year, that's unlikely to change very soon.

I usually take some time around the end of December to pause and reflect on what I've been doing and what I want to do differently in the coming year.  Readers will probably hear from me between now and January 1, but my posts may continue to be somewhat sporadic until then.  I hope to start 2009 with a renewed focus and to continue providing useful content to the folks who take the time to stop by.  Thanks for reading.

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A sample of my microblog entries from the past week appears below.  To receive all of my updates, follow me on Twitter at at @dtoddsmith.

Just got word in one of my cases that a federal district judge has granted my side's motion to remand, pending since early 2008.

Sent out briefing extension request; received oral argument notice the next day. Hmmm. Better get to work.

Reading "Texas Supreme Court Rejects Single-Business Enterprise Theory," http://is.gd/8WOO. Anyone surprised?

@kevinokeefe re TexasBarCircle: Ahead of its time, but interface is clunky and a pain to log in. RSS/Twitter-like feed would be better.

We're past 25 members of the Texas Appellate Law LinkedIn Group. Hope to start discussions there soon. Join us at http://is.gd/8kFu.

Thanks @bschuelke for an excellent legal malpractice talk today to joint meeting of Austin solos/small firms & local women lawyers' group.

Working on a reply brief in a case involving grantor's taking back land tied to one of the most significant archaeological sites in U.S.

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A sample of my microblog updates from the past week appears below.  To receive all of my updates, follow me on Twitter at at @dtoddsmith.

ABA Journal surveying lawyers about job market and state of economy. Results to be published in Jan. issue: http://tinyurl.com/5c5b3f. 

@Fulbright I welcome my former law firm to Twitter. Any progress on that LinkedIn alum group? No difference b/t LI & Twitter to me.

Working on motion responses in a large arbitration matter. Two reply briefs and two short articles lined up after that. Good to be busy!

Only @BobKraft and @bschuelke responded to shout-out to TX lawyers wanting to be included in special list like JD Supra's. Any others?

The Texas Supreme Court has begun releasing information about orders and its calendar via RSS feed, http://tinyurl.com/6lqbmt. 

Texas AG Greg Abbott names new First Assistant, Andrew Weber, http://tinyurl.com/5lvj52. 

TX lawyers, let me know you're [on Twitter]. Thinking of posting a TX-specific list along lines of what @jdtwitt did at http://tinyurl.com/6oogwr. 

Texas appellate lawyers should be aware of recent policy change re extensions of time in Third Court of Appeals, http://tinyurl.com/6nd6ap.

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A sample of my microblog updates from the past week appears below.  As before, I'm including only those relevant to this blog or otherwise of interest to appellate practitioners.  To receive all of my updates, follow me on Twitter at at @dtoddsmith.

RT @kevinokeefe: For small law firms and solos, economic opportunity ahead. http://tinyurl.com/5o8fyu

Reading "Small Firms Trim a Little, but Stay Optimistic," http://tinyurl.com/658b3z. Seeing trickle-down as clients tire of BigLaw rates?

Reading "Republicans Win Appellate Court Nailbiter Races," http://tinyurl.com/6ax4fw. I'm quoted, and the article mentions my blog.

Reading "Jones victory good for 3rd Court," http://tinyurl.com/5tmrb5.

ALM affiliate asked me to write article on biz dev with emphasis on Twitter. My "live tweeting" a CLE & blogging about it caught attention.

First Assistant AG Kent Sullivan appointed to replace Justice Wanda Fowler on 14th Court of Appeals, http://tinyurl.com/5rbyov. 

The Texas Supreme Court posted a staff attorney position today. The job's with Justice Wainwright. Details at http://tinyurl.com/6eq5oo. 

Reading "Obama Presidency Is Good News for the Legal Profession," http://tinyurl.com/6ntwpg. 

Received two more media calls yesterday, one to comment on local election and another soliciting me to write an article for AmLaw affiliate.

Helping spread word that the 12th Court of Appeals (Tyler) has a staff attorney opening posted at http://tinyurl.com/6s5sma.

Reading "Shake-Up in the Judiciary," http://tinyurl.com/6fruc9. 

New at TALB: "Texas Appellate-Court Election Results," http://tinyurl.com/5q66ow. Very little change.

PDF of Fall Appellate Advocate now available at http://tinyurl.com/5pseo3, well ahead of print version.

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A sample of my microblog updates from the past week appears below.  I've decided to include only those relevant to this blog or otherwise of interest to Texas appellate practitioners.  To receive all of my updates, follow me on Twitter at at @dtoddsmith.

CNN.com linking to blog posts relevant to story. Picked up one of mine at http://tinyurl.com/6l7jgu (under "From the Blogs").

I'm featured in "Another example of how a 'business blogger' gets noticed" at Blog 4 Profit, http://tinyurl.com/6l9vz8. Thanks Grant!

Do I have other options for obtaining higher court review? 1 of "20 Questions About Texas Appellate Practice" at http://tinyurl.com/6oyzyb.

The reference appears on p. 15 at http://tinyurl.com/5ohmwp. Useful newsletter the SBOT Litigation Section started putting out this year.

New TX Bar Lit Sec newsletter: "Todd’s blog is an excellent daily source for notes and news about Texas appellate issues and happenings."

Reading "In Memoriam: Texas Plaintiffs Lawyer Fred Baron," http://tinyurl.com/6qsb7f. Say what you will, but he was one of the greats.

Referring attorney emailed to congratulate me on obtaining new trial. Says he's basking in residual glory; result made him look good too.

Reading "Cloud Computing: Is It Safe?" http://tinyurl.com/5vh76r.

Reading "Money Matters in 3rd Court of Appeals Chief Justice Race," http://tinyurl.com/5p65e6.

Reading "High Court Candidates Make Their Cases as Election Nears," http://tinyurl.com/5zzg9r.

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Here's a sample of my microblog updates from the past week or so.  Follow me on Twitter at at @dtoddsmith,

Per recent media contacts, I'm quoted & my blog is mentioned in this Texas Lawyer article re judicial race, http://tinyurl.com/5p65e6.

New at the Texas Appellate Law Blog: "A Whole New World": Recent Developments in Texas Mandamus Practice, http://tinyurl.com/55mmjk.

Reading "Google Earth on the iPhone," http://tinyurl.com/552yqm. I've been wondering when this app would be released.

New at the Texas Appellate Law Blog: "On Reluctance to Engage Appellate Counsel, Part 2," http://tinyurl.com/5redrn.

Reading "Standardized Work, Cost Cutting Alter GC Relationship With Outside Counsel," http://tinyurl.com/6llrt5. A glimpse into the future?

RT @carolynelefant: looking for rituals of oral argument - http://tinyurl.com/5edtuz. Blogged about mine at http://tinyurl.com/5f8jm8.

Good football weekend. TCU, Tech, UT, 'Boys all win. Frogs climb to #12 in both polls. Will they crack Top 10 by beating Utah? UNLV first.

In-house attys/corps should consider solos/small firms in these times. Potentially better service/flexibility, often easier on bottom line.

Reading "Grim Report Advises Law Firms to Prepare for a Long, Painful Slide," http://tinyurl.com/5a9ldj.

CLE talk went well, I think. Then went to court and got a new trial for my client. Bummer to come back to find Internet down. Can't blog.

Reading "Election's outcome could have seismic effect on federal courts," http://tinyurl.com/6372sv. 

Giving a CLE talk at lunchtime tomorrow on Texas mandamus practice, then off to a hearing on a motion for new trial.

Definitely getting more media calls lately. That never happened when I was at BigLaw.

Email recd from local journalist: "I've been meaning to tell you that I enjoy this blog you have going. Very informative. Very helpful . . ."

Sitting in lunch CLE on Technology & Practice Management for solos & small firms and finding that I know more than I thought I did.

Reading "Former Blogger Makes High Court Debut," http://tinyurl.com/6l9y44. From web designer to blogger to SCOTUS advocate. Impressive.

Reading "3rd Court Dispute Over Dissent Now at Texas Supreme Court" (http://tinyurl.com/56qrol) and watching with interest.

Reading "Study: Corporations Slash Spending on Outside Counsel," http://tinyurl.com/5w39az.. Opportunity for specialists, solos/small firms?

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Microblogging consists of brief text updates published broadly or to a restricted group chosen by the author.  My microblog can be found on Twitter at @dtoddsmith, where I invite you to become a follower.

Recent microblog posts include:

New at TALB: Announcing creation of Texas Appellate Law LinkedIn Group: http://tinyurl.com/6gn8ze. Thanks @kevinokeefe for the idea!

Reading"Is Now The Perfect Time To Start Your Solo  Practice?" (http://tinyurl.com/56g8oq). BigLaw clients consider downturn an opportunity?

Photographic evidence @kevinokeefe was in Austin at http://twitpic.com/h9te. @ernieattorney took the photo. With us is Dylan Drummond.

Finally! Horned Frogs No. 15 in both AP and USA Today polls released today. Nov. 6 opponent Utah is No. 12. Still room to move up.

Reading "Bent on Intent: Finger-Pointing, Politics Permeate [Entergy v. Summers] Rehearing," http://tinyurl.com/5c3nxa.

New at TALB: Texas Supreme Court releases opinion addressing specific performance proof requirements, http://tinyurl.com/5uamwz.

Had a great time visiting with @kevinokeefe & @ernieattorney at Driskill & Louie's 106 last night. Ernie took at least 1 picture. Share?

RT @TCU: Athletics: Frogs Leave No Doubt in 32-7 Defeat of No. 9 BYU http://tinyurl.com/6y59ze. DTS: 7-1, streak killers. Pollsters?

Reading "Forbes ranks Austin best city for the value," http://tinyurl.com/4nwrhe.

Reading ""In-House Counsel See Litigation Spike in Next Year," http://tinyurl.com/533u75. My old firm predicts better times for litigators.

New at TALB (http://tinyurl.com/3sh4): Looking for statistics. When court of appeals denies oral argument, are appellants hosed?

More on 3rd Court scuffle between CJ Law and J Patterson re DeLay case, including link to CJ's SCOTX response, at http://tinyurl.com/3hf7sf.

Just got email from BigLaw firm saying they're updating their media list and asking for my mailing address. Guess I'm media now.

More evidence of the power of blogging: Reporter just contacted me about a local, increasingly heated appellate court race.

Jumping into some short-fuse briefing in a ginormous arbitration I've been hired to help out on. Good stuff.

Promoting SBOT Appellate Section pro bono programs as part of Blog Action Day's focus on poverty: http://tinyurl.com/4ptz36.

What kinds of orders are subject to appeal in Texas? One of "20 Questions About Texas Appellate Practice" at http://tinyurl.com/4m9nwr.

How is the Texas appellate court system structured? One of "20 Questions About Texas Appellate Practice" at http://tinyurl.com/3mmeh7.

What is required to perfect appeal? One of "20 Questions About Texas Appellate Practice" answered at http://tinyurl.com/5xa6kc.

Attending Inn of Court meeting. Great topic: Perspectives re raid on Yearning for Zion Ranch and aftermath.

Ugh. Third Court dissension along political lines makes WSJ Law Blog: http://tinyurl.com/4y3634. Not a good sign, folks.

Texas Lawyer covers the 5th Circuit's en banc decision in In re Volkswagen at http://tinyurl.com/3zvs23.

Getting some nibbles on new venues/groups for variations of my "Appellate Practice Marketing 2.0" talk. Can you say "repurpose"?

Rough times at 3rd Court of Appeals. J. Patterson asks SCOTX to make court publish dissent in DeLay-related case, http://tinyurl.com/5xlksr.

Reading "5th Circuit Ruling Shoots Down IP Rocket Docket," http://tinyurl.com/53vr4v. En banc court sides w/ panel 10-7 in Volkswagen case.

As always, comments are welcome.

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Another Texas appellate blog has burst on the scene.  The appellate practice group at Cowles & Thompson, P.C. has launched Reverse & Render, which (according to its welcome post) was created "with the goal of providing useful information to civil appellate practitioners and to the public at large."

Having a respected firm like C&T join the conversation validates once again the concept of blogging about Texas appellate issues.  I have subscribed and look forward to reading more.

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LexBlog's Kevin O'Keefe and I will be getting together around 8:00 tonight while he is here in Austin speaking at a State Bar program on thought leadership and reputation management.  Law bloggers and others are welcome to join us.  Send me an e-mail if you're interested and I'll get you the details, which I'll also re-post on my Twitter feed.

Update:  Kevin provides the details here.

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Microblogging consists of brief text updates published broadly or to a restricted group chosen by the author.  My microblog can be found on Twitter at @dtoddsmith, where I invite you to become a follower.  (As evidence that I'm not a total law dork, the content there is a little more personal.)

Recent microblog posts include:

The Statesman has endorsed Woodie Jones for chief justice of the Austin Court of Appeals, http://tinyurl.com/545mlc.

Just listed myself in the Law Directory of Just Tweet It (http://justtweetit.com/law/). Looks like a good resource. Thanks @jonimueller!

Looking for more Texas and appellate lawyers to connect to on Twitter.

Statesman will release Third Court of Appeals endorsement tomorrow; Chief Justice Ken Law (R) v. former justice Woodie Jones (D).

Reading Statesman endorsement, "Texas Supreme Court: Chief Justice Jefferson, Houston and Yanez get nods," http://tinyurl.com/53m5q8.

RT @GrantGriffiths: Reading: "Should Blogs Have Comments?" (http://tinyurl.com/42tmnl). I'm for them, if moderated. Would like more on TALB.

Looking forward to good college football today. TX-OU, TCU-Colo St. Next week's opponents: Mizzou and BYU.

Uneventful Friday at the Texas Supreme Court re new opinions. Orders were mixed bag for my clients. More at http://tinyurl.com/4l63x3. 

@VBalasubramani If I know the lawyer who handled, I will sometimes contact & offer to be sounding board. Have pIcked up some work this way.

@VBalasubramani Not ethics issue, but practical one. How effective is cold-calling in any profession? Networking, other techniques better.

RT @VBalasubramani: @dtoddsmith curious as to what you think of identifying cases at lower appeals courts and contacting lawyers? (ethical issues aside...)

Reading "Ten Legal Podcasts to Keep You Informed," http://tinyurl.com/3wau2o. Useful, but I'd rather listen to music on my iPhone.

Back from a presentation in San Antonio on marketing an appellate practice. I focused on "nontraditional" means, i.e. blogging, Twitter.

New at the Texas Appellate Law Blog: "Appellate Practice Marketing 2.0," http://tinyurl.com/4652pr

Speaking to San Antonio Bar Ass'n Appellate Practice Section tomorrow. Working title of my talk is "Appellate Practice Marketing 2.0."

New posts at TALB: Reluctance to engage appellate counsel (http://tinyurl.com/3hq7zu) and appellate court IOPs (http://tinyurl.com/4fkrx3).

Reading "'Massive Impasse' at the Supreme Court" (http://tinyurl.com/4rkw5d) re who should argue: SC specialist or atty w/10 years in case.

Just finished profile and posted first document to JDSupra. Went with an older doc. Will post a newer one next. Interesting.

Reading "Where Are All the Female Law Bloggers" at http://tinyurl.com/3eqhch.

@BerinSzoka Distilling a big record and the law down to simple, comprehensible arguments is one mark of a skilled appellate practitioner.

Heading to a judicial candidate fundraiser. Gotta love Texas judicial politics. Write a check, get your name in front of the decider.

Expected to be doing two reply briefs on roughly parallel schedule. Opposing counsel in one case called today about an extension. Relief!

As always, comments are welcome.

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That was the title of a CLE presentation I gave today to the San Antonio Bar Association's Appellate Practice Section.  In addition to "traditional" techniques—such as doing “law” work in trial courts; handling pro bono appeals; writing articles and giving speeches; bar association work; and networking with trial lawyers, industry professionals, and other appellate lawyers—my main focus was blogging.  I also briefly discussed a broader internet marketing strategy involving Twitter, Facebook, LinkedIn, TexasBarCircle, and Avvo, among other possibilities.

I enjoyed giving this talk and would consider "taking it on the road" if the opportunity arises.  The concepts aren't limited to appellate practice.  That's just where I've applied them.

To the SABA Appellate Practice Section, thanks again for inviting me!

10/28/08 Update:  I am posting my PowerPoint presentation here.  Thanks to Kevin O'Keefe for allowing me to borrow substantially from his work product on blogging and social media.

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Taking a page from tech guru Dennis Kennedy's book, and as an extension of what I did here, I'm going to experiment with posting occasional roundups from my Twitter feed on this blog.  (Dennis, Walter Olson, and at least a few others have taken to calling their Twitter accounts "microblogs," which seems both accurate and catchy to me, so I will do the same.)  I'll lead off each microblog roundup with with an introduction that goes something like this:

Microblogging consists of brief text updates published broadly or to a restricted group chosen by the author.  My microblog can be found on Twitter at @dtoddsmith, where I invite you to become a follower.  As evidence that I'm not a total law dork, the content there is a little more personal, but I try not to go overboard.

Recent microblog posts include:

Have a case before the Third Court of Appeals in Austin? Check out http://tinyurl.com/3oo9ys.

Filed major appellate brief yesterday after a week of total immersion. Did I miss anything?

Reading Paul Lippe's "Welcome to the Future: Law After the Boom," http://tinyurl.com/3ehqvu. Change or die?

To someone like me, who has been watching Cowboys-Redskins since the Staubach days, the loss is painful. Especially by 2. At home.

No shame in TCU losing to new #1 OU in Norman. But why drop TCU out of Top 25 altogether? With a win, Frogs would've been Top 10.

Can #24 TCU upset #2 OU? OU has 1 non-con loss at home under Stoops--to TCU in '05. With USC loss, OU's #1 if it wins. Somebody say spoiler!

Wondering what I have to do to be named a Texas Super Lawyer. There are some, but solos are pretty rare on this list.

@denniskennedy If I incorporate microblog concept, I'll probably resist "what I ate for breakfast" tweets and go for more substance.

Took older son to schoolmate's 7YO b-day party at BlazerTag this evening. Dads have as much fun as the kids. Guess who had high score?

Working on an appeal in a PI case. Record from 4-day jury trial exceeds 3,700 pages. Woo hoo!

Interested in @denniskennedy and @walterolson "microblog" experiment. Used wisely, seems like a decent way of generating new blog content.

Finally getting kids down and turning to Cowboys-Packers. Looks like quite a contest. Gotta love Lambeau, but not the same w/out Favre.

Continuing the "5 Blogs & 5 Blawgers" meme at http://is.gd/2VNj. Tagged @inhouserants and hope the anonymous blogger weighs in.

Making the boys breakfast and reading about Bush's $500 billion bailout plan.

iPhone users: Do you have a favorite case/holster? Haven't found one that compares to my BlackBerry leather swivel yet. Details please.

Insightful post from Ryan Roberts on treating solo law practice as a startup venture: http://is.gd/2QzI. Anyone going solo should read.

Filed a reply brief and had a post-judgment hearing yesterday. Sitting down to work on an appellees' brief now. Looking for motivation ...

Getting back from court in neighboring county. Was treated very nicely for a "big city" lawyer, though opp counsel is from Austin as well.

New blog posts particularly relevant to Texas Supreme Court watchers and appellate-lawyer wannabes: http://is.gd/2IZl & http://is.gd/2IZr.

As always, comments are welcome.

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I've been tagged by Brooks Schuelke to participate in an "internet meme" started by the anonymous Editor of Blawg Review a couple of weeks back.  The concept works sort of like a chain letter:  the respondent in this meme is supposed to identify and link to five non-law blogs of interest and then tag five other law bloggers to do the same.

If you start with Brooks's post, you can trace the thread backwards and sideways and get some idea of the power behind the meme concept.  (The phrase "going viral" comes to mind.)  Because I'm a "rules guy" by nature—which goes a long way toward explaining why I'm an appellate lawyer—I have complied with Ed's request that each post be named "5 Blogs & 5 Blawgers."

So, here are my choices for non-law blogs:

• Daily Writing Tips:  a good resource for simple, yet effective tips to improve your writing.
   
• June Walker:  tax and financial advisor to the self-employed since 1979.
   
• Lifehacker:  featuring tips, shortcuts, and downloads intended to help you get things done smarter and more efficiently.
   
• LinkedIn Blog:  an education in social networking with a business focus.
   
• Twitter Handbook:  for those of us trying to get our minds around the concept of "tweeting" without laughing out loud. 

The following law bloggers are tagged to continue the meme:  fellow appellate types Howard Bashman and Greg May; fellow Texans Barry Barnett and Wayne Schiess; and Inhouserantor (who a number of us wish would post more often).

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As mentioned here, I experimented with Twitter last week by "live-tweeting" from the Advanced Appellate Seminar here in Austin.  I picked up a few followers as a result of this effort—including one who also tweeted from the CLE—but it otherwise seems as though the experiment went unnoticed.

For anyone who is interested, I'm reproducing the text of my seminar tweets below:

Last presentation of the conference: Topic is legal writing. Nothing like video clips from "My Cousin Vinny" to wrap thing up. 03:14 PM September 05, 2008 from twitterrific

Appellate e-filing system will allow proximity searches of all ct docs, bring transparency to ct business. Notices will be electronic. 02:27 PM September 05, 2008 from twitterrific

Discussion of e-filing in appellate courts: Please, please, please! Software is in development. 02:11 PM September 05, 2008 from twitterrific

Discussion of appellate rule changes: Focusing on changes to docket equalization rules, procedure for getting case transferred back. 01:47 PM September 05, 2008 from twitterrific

My blog just got mentioned for at least the 2nd time at the seminar I'm attending. 1st time was in a PowerPoint. 2nd gave URL. Nice. 01:40 PM September 05, 2008 from twitterrific

3 components: Be an expert, be comprehensible, be credible. Objective approach is more effective. 11:46 AM September 05, 2008 from twitterrific

New presentation re appellate advocacy: Helping the court do its job should be the appellate advocate's primary goal. 11:43 AM September 05, 2008 from twitterrific

When filing mandamus and asking for emergency relief, call clerk and ask about submitting documents electronically in addition to paper. 11:28 AM September 05, 2008 from twitterrific

Mandamus filings & grants haven't increased noticeably, despite predictions after AIU & Prudential. Too early to tell after In re McAllen. 11:24 AM September 05, 2008 from twitterrific

Staff attorney panel: First extensions of briefing deadlines are routinely granted across courts. Accelerated appeals are trickier. 11:21 AM September 05, 2008 from twitterrific

Oral argument: Avoid "with all due respect" and just answer question. Advise client/staff they're on "candid camera" with webcasts. 10:13 AM September 05, 2008 from twitterrific

Panel likes amicus briefs early if they're useful. Best to present "real world" view different from parties' perspective. 10:06 AM September 05, 2008 from twitterrific

Not commenting on merits, but just occurred to me that 3 of 4 TSC justices on panel are up on ethics charges. Weird. 10:02 AM September 05, 2008 from twitterrific

Statutory construction cases, justice turnover in recent years have made Court's job harder, negatively affected output. 09:34 AM September 05, 2008 from twitterrific

TSC Panel: http://twitpic.com/aar1 First question out of the chute, what's up with the backlog? 09:29 AM September 05, 2008 from twitterrific

David Keltner discussing City of Keller v. Wilson. 3 years later, even appellate lawyers don't understand effect on standards of review. 09:04 AM September 05, 2008 from twitterrific

2nd day of appellate seminar has begun. Pam Baron is talking about the TSC docket. With her permission, will post her paper on blog later. 08:43 AM September 05, 2008 from twitterrific

Last topic of the day: Reports on new SBOT Appellate Section website and pro bono efforts. Will blog about the website changes tonight. 04:53 PM September 04, 2008 from twitterrific

In-house counsel: Limited $ explain why amicus briefs aren't filed in more intermediate cases. Must limit to critical issues. 04:28 PM September 04, 2008 from twitterrific

Intermediate appellate courts want to see amicus briefs before oral argument. That's when they're most likely to have impact. 04:19 PM September 04, 2008 from twitterrific

TSC wants amici to target issues affected, historical analysis, not "me too" brief. Can make difference whether case is granted. 04:11 PM September 04, 2008 from twitterrific

Amicus briefing panel based on questionnaire to TX judges. J. O'Neill says amici are more accurately described as "friend of a party." 04:08 PM September 04, 2008 from twitterrific

Reply briefs can be very helpful, drill down to core issues. Justices sometimes read them first. 03:04 PM September 04, 2008 from twitterrific

Oral argument by capable advocate often useful. Otherwise, "it's just 20 minutes off your life." 03:02 PM September 04, 2008 from twitterrific

Many lawyers rehash briefs in argument. More likely granted in statutory construction cases, big records, hot issues not answered by TSC. 02:54 PM September 04, 2008 from twitterrific

Oral arguments: Trend is more being heard, particularly in 13th. Don't hesitate to ask for reconsideration if denied. 02:51 PM September 04, 2008 from twitterrific

Court of Appeals Panel: Brevity, accuracy in briefs appreciated. Put best argument forward. Limit number of issues raised. 02:44 PM September 04, 2008 from twitterrific

Tailoring litigation process through bench trials, master in chancery seen as possible solutions. 02:31 PM September 04, 2008 from twitterrific

Hearing what's left of attacks on arbitration awards after Hall St. v. Mattell. Is FAA exclusive, or are other vacatur grounds still valid? 02:28 PM September 04, 2008 from twitterrific

Scott Rothenberg's ethics presentation: Discussing new ABA opinion on outsourcing. Not sure it's consistent with TX rules. 12:45 PM September 04, 2008 from twitterrific

In-house: Treat billing as client relations opportunity. Communicate, review entries before bills go out. Panel ends. Good presentation. 12:22 PM September 04, 2008 from twitterrific

Clients want to know, what are chances, how long will it take, and how much will it cost? Rule of thumb: add 50% to estimate. 12:18 PM September 04, 2008 from twitterrific

Big-firm lawyer: Wisdom is, best biz developers often have biggest write-offs. 12:12 PM September 04, 2008 from twitterrific

In-house: Appellate lawyers can budget easier than trial lawyers. Universe is defined. Can adjust for unforeseen events. 12:10 PM September 04, 2008 from twitterrific

Discussion of fees & retainers. Solo works on contingency, gets ownership in cause of action. Reverse-contingent fees trickier to collect. 12:08 PM September 04, 2008 from twitterrific

In-house counsel emphasizes that go-to appellate counsel should deliver value, regardless of rate. Instill confidence, but be honest. 11:49 AM September 04, 2008 from twitterrific

Panelists agree major issue is setting client expectations. What is a "win"? Show client you care. 11:44 AM September 04, 2008 from twitterrific

Panel presentation on client relations. Panelists include in-house, solo, small firm, and big firm lawyers. Good cross-section. 11:41 AM September 04, 2008 from twitterrific

Just ran into fellow LexBlogger Jeff Rambin of the Tyler Appeals blog. Good to compare notes face to face. 10:49 AM September 04, 2008 from twitterrific

Not surprisingly, Tex Sup Ct's newly released decisions have been hot topic among first 3 speakers. 10:21 AM September 04, 2008 from twitterrific

Advanced Appellate Seminar under way. House is packed. Still strange not to see Justice Baker on the front row. 09:10 AM September 04, 2008 from twitterrific

If you've read this entire post, I'd like your feedback.  What do you think?  Should I do this again?

Update:  Here is a list of lawyer-Twitterers, courtesy of Susan Cartier Liebel at Build a Solo Practice, LLC.  I'll definitely be following some of these folks.

Further Update:  Adrian Lurssen of JDScoop will be updating the list here.

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After two consecutive Olympic-themed Blawg Reviews, I was tempted go for a third despite my initial decision not to do so.  Like most of America, I am officially entering post-Olympic withdrawal, and a celebration of what were truly a remarkable Games would have been appropriate.

The problem is, I am so in awe of what transpired over the past two weeks—particularly the accomplishments of Michael Phelps and Usain Bolt, capped off by the unlikely pairing of Leona Lewis and Jimmy Page playing a Led Zeppelin classic [update:  the YouTube video of the pair performing "Whole Lotta Love" is "no longer available due to a copyright claim by a third party"]—that none of my ideas for a theme would have done the Games justice.  So, with those comments, let this “themeless” edition of Blawg Review begin!

Litigation:

Greg May at the California Blog of Appeal asks Why Are Some Lawyers and Their Clients Reluctant to Engage Appellate Counsel?  That's a very good question, Greg.  They shouldn't be.

The Drug & Device Law Blog offers some Random Thoughts on Randomness that will speak to anyone who has ever done litigation work.

The YouTube "dancing baby" litigation is covered in depth at Internet Cases, Deeplinks, Madisonian.net , Techdirt, and The Prior Art, among other places.

At the Chicago IP Litigation Blog, R. David Donaghue discusses the NFL's antitrust case in Seventh Circuit Affirms:  NFL is a Single Entity.  The Sports Law Blog adds to the discussion by noting The Return of The Single Entity Defense for Sports Leagues, and Blawgletter chimes in with Annals of Antitrust Law:  NFL Owners Can't Conspire.

Litigation & Trial wants to know:  Are Lawyers Risk-Averse for Not Working on Contingent Fees?

Although Swordplay  comes from across the pond, its observations in Ten Acts of Lunacy by Jurors would apply anywhere jury trials are held.

Law Is Cool raises a legitimate question when it asks How Will Courtrooms Deal With Obesity Epidemic?

And to add a little humor factor, Lowering the Bar discusses Knights Templar v. Pope Benedict XVI, et al., a 700-year-old dispute that finally developed into a lawsuit.  Now, about that limitations defense . . . .

Practice Management and Marketing:

Susan Cartier Liebel of Build a Solo Practice, LLC discusses her conversation with the original solo practice guru in My Unexpected Phone Call with Jay Foonberg.  (Sole practitioners and law students, be sure to check out Susan’s “other” project, Solo Practice University, where classes will start soon.)

At Law21, Jordan Furlong laments an opportunity lost in Capped fees, limited innovation.

At LawBizBlog, Ed Poll takes a look at  Surveys of Law Firm Clients.

Jamie Spencer of Austin DWI Lawyer highlights a reason why lawyers might want to think twice about listing themselves on big referral sites in DUI / DWI Lawyers:  Biggest Slime Balls on the Face of the Earth?

The Legal Marketing Blog asks Should You Pay Attention To The Social Networking Craze?  Follow me on Twitter (@dtoddsmith) to compare notes.

Technology and the Internet:

At Real Lawyers Have Blogs, Kevin O'Keefe offers FindLaw some tips for setting things right in FindLaw SEO misconduct : Suggested course of conduct.   On a related point, Robert Ambrogi's LawSites warns that These lawyer sites mislead consumers.

Cyb3rcrim3 explores the truly scary revelation that Hacking a Heart dependent on a pacemaker is technically possible through wireless technology.

The Greatest American Lawyer tells us about Google’s Fascination With Digg and how it might eventually change the dynamics of search-engine rankings.

BlawgIT tells businesspeople they should Worry About Internet Law Because . . .

Miscellaneous:

The Race to the Bottom has some recommendations for a certain coffeehouse chain in Starbucks and Social Responsibility:  Loyalty Cards Just Aren't Working.

The Consumer Goods & Retail Industry Litigation Blog takes a look at the ups and downs of minimum retail pricing in WSJ Examines Manufacturers’ Resale Price Maintenance Practices.

The Legal Satyricon's Jessica Christensen investigates why the Federal Government Doesn't Want Transgendered Employee to Help Fight War on Terror.

At Simple Justice, Scott Greenfield discusses whether being named A Person of Interest is more difficult than actually being charged with a crime and asks, Does Presumed Innocent Mean Less Than Innocent?

On the lighter side, at Legal Blog Watch, Robert Ambrogi offers what I hope is the first of many installments of Strange But True, Legal Edition.

And last, but not least, Houston's Clear Thinkers discusses the NFL's next flagship stadium, as well as some Cowboy business that (not counting preseason) will soon be on the minds of many folks here in the Lone Star State.

Blawg Review has information about next week's host, and instructions how to get your blawg posts reviewed in upcoming issues. 

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Two weeks from today, I'll take my second run at hosting Blawg Review, the blog carnival for everyone interested in law.  My first effort was fairly well received, and I find myself wondering what I can do to top it.  If anyone has suggestions for a theme or any other ideas, I'd love to hear them.

The Olympics are out, unfortunately, as that's the theme of Blawg Review #172, now up at the Ohio Employer's Law Blog.  Fellow LexBlogger R. David Donoghue takes up the mantle next week at his Chicago IP Litigation Blog.

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Several months ago, Tyler appellate lawyer Jeff Rambin contacted me for input on a blog he was putting together focusing on appellate matters in East Texas.  Like me, Jeff signed up with LexBlog, whose designers did just as good a job with his blog as they did with mine.

I'm finally getting around to giving the Tyler Appeals Blog its own link in the "Texas Law Blogs" category on the right, although it could just as easily be listed under "Appellate Blogs."  I'm choosing the former, given Jeff's focus on Texas law.

A belated welcome to the blogosphere, Jeff, and congratulations on being named yesterday's Inter Alia Blawg of the Day!

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I'm away on vacation and am spending time with my family rather than blogging.  For summaries of yesterday's Texas Supreme Court decisions, see Osler McCarthy's summaries or visit my blogging colleague Don Cruse's Supreme Court of Texas Blog.  I'll be back online next week.

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I've been working on a brief and until this evening hadn't seen the special Memorial Day edition of Blawg Review over at Patent Baristas.  The lead-in photo alone is worth the visit.  Thanks to editor Stephen Albainy-Jenei for including my oft-updated post entitled "FLDS Children Going Home?"  I don't feel worthy.

I had the pleasure of hosting Blawg Review #123 and will be hosting again on August 25.  It's too early to pick a theme, but if you have any ideas, feel free to share them with me.

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At some level, every blog is built on shameless self-promotion.  To that end, I'm happy to point out some attention generated by my recent post entitled Newsflash:  Appellate Judges Read Blogs:

• The piece was picked up by the online version of the Wall Street Journal and mentioned over at the Sophistic Miltonian Serbonian Blog.
  
  
• The California Blog of Appeal's Greg May added to the discussion and has since posted a follow-up survey to get a feel for his readers' demographics.
  
  
• LexBlog's Kevin O'Keefe chimed in on Greg's survey and wrote his own piece, in which he predicted that "lawyers with well written blogs on niche litigation subjects are going to be called in as co-counsel on an appeal or brief" and further commented that "[t]he value of having a lawyer on your side whose material is regularly read by the court you're before is priceless."

Blogging has definitely helped me obtain broader exposure faster than any other medium could provide.  Here's hoping that Kevin's prediction is accurate over the long haul.

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While attending a bar function today, a local appellate justice I have met a few times before recognized me, introduced me to his companions as the author of an appellate blog, and confessed (?) to being one of my regular readers.  I have had similar conversations with other members of the appellate bench in recent months.

Appellate judges are often perceived as ivory-tower idealists.  They don't really read blogs, do they?  I mean, anybody can put a blog up on the internet, right?  Minimal tech skill—but no legal knowledge—is required.

Anybody can.  But this justice reads mine.

That alone makes it worthwhile.

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Kevin O'Keefe of LexBlog recently started a group on LinkedIn to try and connect with more folks in the legal industry who have an interest in blogging.  The group is already up to about 350 members and could eventually grow into the thousands.

Kevin says he's going to focus the group on ways to exchange information about blogging.  If you're on LinkedIn (I am, and you can view my profile here), then click through to Kevin's post and join.  And if you don't know Kevin, you should.  He really knows his stuff.

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I am pleased to announce that this blog has moved over to the LexBlog platform.  The new URL is http://texasappellatelawblog.com.

All previous posts have been incorporated into the new format, and the old URL will remain active for a few weeks to ensure a smooth transition.  After that, visitors to the old address will be redirected here.

This is an exciting development as I look to take this blog and my practice to the next level.  If you have comments about the new format or any suggestions, please let me know.

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The Texas Supreme Court kicked off Spring Break here in Austin by issuing no opinions with today’s orders.  Of interest, the Court set two cases for oral argument in Lubbock under the Texas Constitution’s “traveling roadshow” provision (art. V, § 3(a)).

The timing is coincidental, but this blog will be on hiatus for the next several days as I finalize some exciting changes and improvements.  Details to follow soon.

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Austin appellate lawyer Don Cruse recently launched the Supreme Court of Texas Blog, which is definitely worth checking out if you haven't seen it yet.  Don covers some of the same ground I do, but his focus is narrower and deeper.  I have added a link to his blog under the "Texas Law Blogs" section of my blogroll.  Welcome to the blogosphere, Don.  There's room here for both of us.

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I had the privilege of hosting Blawg Review #123 back in August.  As a contributor, I have been asked to nominate other issues for Blawg Review of the Year.  My nominations are:

• Blawg Review #110, a special Memorial Day commemoration from Biker Law Blogger Norman Gregory Fernandez.
• Blawg Review #118, a side-splitting issue with business law humorist Blawgletter, a/k/a Barry Barnett.
• Blawg Review #125, Kevin O'Keefe's review of lessons on how and why we should blog at Real Lawyers Have Blogs.
• Blawg Review # 132, in which Home Office Lawyer and blogging master Grant Griffiths collects a number of posts related to solo practice.

Thanks to Brett Trout for nominating my humble submission.  And while the blog carnival is on your mind, be sure to check out Blawg Review #142, an open letter to a new lawyer by Susan Cartier Liebel, solo practice consultant extraordinaire.

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It's hard to believe, but I launched this blog one year ago today.  I have enjoyed writing the first 187 posts and interacting with readers, both through the blog and in person.  Your comments and compliments help keep this thing going.

I have big plans for the blog in early 2008, so keep your eyes open for some major changes.  Here's to a happy, safe, and productive 2008!

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I'm quite behind on posting, especially with respect to recent Texas Supreme Court goings-on.  That's to be expected this time of year, I suppose, but some personal issues have pulled me away even more than usual.  I plan to pick up the pace and perhaps refocus things a bit as we head into 2008.

Anyway, this post at the Perlmutter & Schuelke Blog reminded me that Austin has been named as the #1 blogging city for lawyers (ahead of Seattle, thank you very much Kevin O'Keefe, whose report on this story I saw first).  While I'm not one to question Austin's greatness in all things technological, Brooks Schuelke rightly asks where all of the Austin law bloggers are.  Maybe the survey criteria were geared to law blog readers rather than writers.

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The ABA Journal has released its first "Blawg 100" list, described here as "the 100 best Web sites by lawyers, for lawyers, as chosen by the editors . . . ."  The honorees tend to be news-oriented or big-picture blogs—very few state-specific blogs made the list.  That's not terribly surprising, considering the source.

The State Bar maintains a "Texas-centric" list of law-related blogs.  What are some of your favorites, and why do you like them?

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One of my favorite bloggers, Grant Griffiths, is hosting Blawg Review #132 this week over at Home Office Lawyer.  Grant is a staunch advocate for solos—ahem, independent practitioners—especially those who have chosen to ditch the high overhead of brick-and-mortar offices and work from their homes.  He is also a big believer in leveraging technology to level the playing field and in blogging as a business development tool.  His issue of Blawg Review, which features a number of blog posts from like-minded folks, is interesting and informative.

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Be sure to check out Blawg Review #129 (a special Columbus Day edition) at David Harlow's Health Care Law Blog.  And thanks to David for mentioning my post on the State Bar's YouTube contest.

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Blawg Review #123 brought a surge of traffic to this site over the past week.  To those who recently visited for the first time, welcome.  If Texas appellate law suits your fancy (or even if it doesn't), feel free to kick your shoes off and stay a while.  (Better yet, subscribe.)

Thank you to Ed. at Blawg Review for allowing me the privilege of hosting and for being so helpful in completing the issue.

And a special thank you to those who have either commented or mentioned Blawg Review #123 in their own blog posts:

Above the Law
Austin Criminal Defense Lawyer
Antitrust Review
Chicago IP Litigation Blog
Build a Solo Practice, LLC
California Blog of Appeal
f/k/a
Home Office Lawyer
idealawg
Infamy or Praise
Law.com Legal Blog Watch
Lawgarithms
LexBlog
Likelihood of Confusion
New York Personal Injury Law Blog
Small Business Trends
Online Guide to Mediation
QuizLaw
The Common Scold
What About Clients

Putting the issue together was great fun!

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IN THE SUPREME COURT OF THE BLAWGOSPHERE

_________

No. 07-123

_________

In re Blawg Review

PER CURIAM:

This case presents issues involving patent infringement, trademark and copyright violations, defamation, free speech, arbitration, expert testimony, jury misconduct, cumulative error, attorney’s fees, and costs.  The parties have provided extensive briefs, and we have received several amicus curiae submissions.  Finding no error, we affirm.

BACKGROUND

Blawg Review is the blog carnival for everyone interested in law.[1]  Each weekly issue consists of blog posts from lawyers, law professors, and law students.  This week, the Editor of Blawg Review has designated theTexas Appellate Law Blog as pro tem Supreme Court of the Blawgosphere.  As such, the Court has final discretion regarding the issues presented here.

DISCUSSION

I.  Patent, Trademark, and Copyright

David Lat at Above the Law collects a number of links regarding Nixon Peabody's now-famous firm song, including some of his own prior posts.  Denise Howell at Between Lawyers offers some suggestions for how the firm should have reacted instead of threatening legal action, while Frank Pasquale at Concurring Opinions discusses the fair use issues Lat's unapologetic approach raises.

Brett Trout at Blawg IT evaluates Lionsgate Entertainment's claim that T-shirts emblazoned with the phrase "Nobody Puts Baby in the Corner" from the movie Dirty Dancing violate the Lanham Act, even though no one has registered that slogan as a federal trademark and copyright protection does not apply.  Ron Coleman offers another take on the subject at Likelihood of Confusion.

The Chicago IP Litigation Blog's R. David Donoghue informed us that movie critic Roger Ebert has withdrawn Disney's (and co-host Richard Roeper's) right to used his trademarked thumbs-up/thumbs-down rating system, which he co-owns with the late Gene Siskel's estate.

Finally, at Patent Baristas, guest blogger Bill Gallagher asks whether the tide of willful patent infringement litigation is receding.

II.  Defamation and Free Speech

BeldarBlog extends an interesting invitation to Senator John Kerry, having noted that he permitted the statute of limitations to lapse for any defamation claim he may have had against the authors of Unfit for Command:  Swift Boat Veterans Speak Out Against John Kerry.

J. Craig Williams of May It Please the Court identifies the law blogs judges most often read.

At LexBlog, Colin O'Keefe posts a detailed assessment of AmLaw 200 firms' participation in the blawgosphere, and Rob La Gatta passes on some do's and don'ts of judicial blogging.  In another LexBlog post, Kevin O'Keefe mentions Texas District Judge Susan Criss, whose blog As the Island Floats has received national attention lately.

III.  Arbitration

Disputing discusses In re Merrill Lynch Trust Co., the new Texas Supreme Court decision declining to adopt concerted-misconduct equitable estoppel as a means by which non-signatories to an arbitration agreement may nonetheless compel arbitration.

IV.  Expert Witnesses

We learn what S. COTUS at Appellate Law and Practice really thinks about the Tax Court trial involving whether a sex change operation was deductible as medical treatment and the government's choice of expert witnesses.

V.   Jury Misconduct

At Deliberations, Anne Reed discusses the Seventh Circuit opinions arising from the trial of former Illinois governor George Ryan and his aide, who were convicted of improperly steering state contracts for their own benefit.  Decision of the Day describes the affirmance (or was it the conviction?) as close enough for government work.

VI.  Cumulative Error

Scott Greenfield sets out the fallacy of "true believers" at Simple Justice.

The WSJ Law Blog reports that Merck's refusal to settle with any of the 45,000 people who have sued claiming that its Vioxx painkiller caused a heart attack or stroke appears to be paying off.  Tort Deform presents another view of this story.

VII.  Attorney's Fees and Costs

At Law.com's Legal Blog Watch, Carolyn Elefant ponders a new benchmark for legal services—the $1,000 hourly rate.

Greg May at the California Blog of Appeal adds to the discussion of alternative appellate attorney's fee agreements by focusing on flat fees, while Blawgletter—who, ironically, is partners with a member ofthe $1,000-an-hour club—goes so far as to suggest that the hourly fee must die.

The Permutter and Schuelke Blog ruminates on contingent fees as a form of value billing.

Over at Build a Solo Practice, LLC, Susan Cartier Liebel writes that lawyers who blog about what they love will get more clients (and thus earn more fees) and feel good at the same time.

Mary Minow of the LibraryLaw Blog revels that Justia.com is making full-text federal district court orders and opinions available online for free.

Daniel Solove at Concurring Opinions tells us about AltLaw, a free research tool that enables the user to search all federal appellate and U.S. Supreme Court decisions within the past 10 years using advanced queries.  At Lawgarithms, Denise Howell mentions AltLaw in a post focusing on public.resource.org's efforts to create a comprehensive internet repository of federal and state case law and codes.  Finally, Futurelawyer's Rick Georges reports on the National Archives and Records Administration's efforts to provide free access to the Electronic Code of Federal Regulations.

CONCLUSION

For the foregoing reasons, the judgment below is affirmed.

Blawg Review has information about next week's host, and instructions how to get your blawg posts reviewed in upcoming issues.

________________________________________________

[1] The Court need not decide whether "blawg" or "law blog" is the correct descriptive term and thus reserves that question for another day.

 

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The Texas Appellate Law Blog is hosting the weekly Blawg Review on Monday, August 27.  According to the official submission guidelines, the deadline for suggesting a post is Saturday at 11:59 p.m. Pacific.  This submission form is a convenient way to make me aware of your suggestions.  While you're milling about, check out Blawg Review #122, a special back-to-school edition by David Gulbransen.

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The number of RSS and e-mail subscriptions to the Texas Appellate Law Blog has more than doubled over the past month.  This increase in readership has prompted me to solicit feedback from those of you who may be inclined to provide it.

What additional features would you like to see on this blog?  What aspects do you find particularly useful?  What could I do differently to make the blog a better resource for trial lawyers, in-house counsel, solo and small firm practitioners,and others who may have matters pending before the Texas appellate courts or the Fifth Circuit Court of Appeals?

Feel free to use the "comments" link or to e-mail me at todd@appealsplus.com.  Thanks in advance.

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I returned from out of town to find that Blawgletter hosted Blawg Review #118 last week.  Funny, creative stuff, I must say.  Also check out yesterday's Blawg Review #119, hosted by Above the Law.  The Texas Appellate Law Blog hosts the carnival on August 27.

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I've never been great at tooting my own horn, but it was nice to see the Texas Appellate Law Blog mentioned by Susan Cartier Liebel in today's Build a Solo Practice, LLC post, "If You Are A New (or Not So New) Solo, Here Are Examples of Blogs That Bring In Business."  I must admit, I consider the time I spend here as part of my business development efforts.  No doubt, blogging on an area of legal practice is a great way to let people know who you are and what you do.

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E-Commerce Law very creatively combines these two seemingly unrelated topics in Blawg Review No. 103.

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Today marks the 100th issue of Blawg Review, a carnival hosted and compiled by a different law blogger each week.  I am slated to host the August 27th edition.  Before then, I intend to weigh in on the "law blog" versus "blawg" debate.  Stay tuned!

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Blawgletter bills itself as "Business trial law with a sense of humor."  Anyone doubting this description should take a look at author Barry Barnett's two most recent posts.

In the first, Barry reviews Friday's Texas Supreme Court decision in Citizens Insurance Co. v. Daccach in light of Chief Justice John Marshall's immortal observation from McColloch v. Maryland, 17 U.S. 316 (1819):  "That the power to tax involves the power to destroy [and] that the power to destroy may defeat and render useless the power to create . . . are propositions not to be denied." In Barry's view, by sending the class plaintiffs back to square one after eight years in the court system, with another interlocutory appeal likely, the supreme court has "taxed" the Daccach class into oblivion.

In the second post, Barry simply observes that the defendants won every case handed down with last week's orders. Something is left unstated; Barry leaves it to the reader to figure out what that is.

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The State Bar of Texas web page has a new feature called "Blogs by Texas Lawyers."  The list covers a wide variety of topics and has expanded rapidly in just a few weeks.  Check it out.

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Welcome to the Texas Appellate Law Blog!  For those of you who have followed my previous ventures into the blogosphere, Reversible Error (geared toward my personal experience transitioning from mega-firm lawyer to sole practitioner) and Court of Appeals Update (providing summaries of significant civil decisions from the Third Court of Appeals in Austin), my idea to re-tool and improve those projects sort of took on a life of its own, resulting in what you are reading now.  Since no one else seems to be publishing a general-interest blog about Texas civil appellate practice, I figured, why not me?

I am committed to developing this blog and making it a resource for appellate practioners, both the purposeful (like me) and the accidental (who should consider calling someone like me).  But I am starting to doubt whether I can do that and maintain two other blogs (one of which requires a considerable time investment in reading and summarizing cases).  Oh, and I also need to make a living practicing my craft.

So, I'm going to experiment with blending all of my ideas together in this format.  My more personal posts will involve practice management issues, and my case-related postswhile still focused largely on the Third Courtwill not go into quite as much detail as before.  Most likely, this blog will supersede the others entirely.

Please send me your ideas and comments, and I will do my best to post about them. I will also consider guest posts, if anyone is so inclined.  Thanks for visiting, and Happy New Year!

D. Todd Smith
Austin, Texas
Board Certified, Civil Appellate Law
Texas Board of Legal Specialization

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