Dana Livingston

Biography

Dana has devoted her entire 35-year career to appellate law, representing clients in high-stakes appeals and complex litigation. A board-certified appellate specialist, a Fellow of the by-invitation-only American Academy of Appellate Lawyers, and an incoming member of the Academy’s Board of Directors, Dana is widely recognized as one of the premier appellate practitioners in the state. She brings particular expertise before the Fifth Circuit and the Supreme Court of Texas—courts she knows from the inside, having served as a Law Clerk for the Fifth Circuit and a Staff Attorney for the Supreme Court of Texas. That dual perspective shapes how she approaches every brief and argument.

Dana’s reputation for excellence has led to leadership roles that few appellate lawyers attain. She currently chairs the American Academy of Appellate Lawyers’ Appellate Rules Task Force and previously served on the Texas Board of Legal Specialization’s Civil Appellate Examination Commission—the committee responsible for writing and grading the state’s specialization exam. She has also served as an Adjunct Professor of Law at the University of Texas School of Law, where she taught Appellate Advocacy for many years—instilling in her students the same rigor and precision she brings to her own practice.

A frequent CLE speaker on appellate practice, Dana is a contributing author for the Texas Practitioner’s Guide to Civil Appeals (Texas Lawyer Books 2019). On the national stage, the American Bar Association selected her as Editor-in-Chief of the two-volume, multi-jurisdictional Appellate Practice Compendium—a distinction that places her among the country’s most recognized appellate authorities.

Dana brings experience across a wide range of substantive areas. Known for weaving creative problem-solving with the meticulous analysis the appellate process demands, she regularly partners with trial counsel on strategy from the earliest stages of litigation—advising on key discovery disputes, dispositive motions, jury-charge preparation and argument, and error preservation during and after trial. That integrated approach positions her clients for success—whether at the trial level or on appeal.

Dana began her career at the Houston office of Vinson & Elkins LLP and was a partner for 15 years with the Austin office of the appellate boutique Alexander Dubose Jefferson & Townsend LLP, where she was the managing partner. She has been Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization since 1995, is Chambers-ranked in Appellate, and has been named one of the “Top 10 Most Influential Texas Appellate Litigators.”

Education

• University of Texas School of Law – J.D., with honors, 1990
  • Texas Law Review (1988 – 1990), Executive Editor (1989 – 1990)
• University of Texas at Austin – B.A., with high honors, 1987

Certifications

• Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization (1995–present)

Recognitions & Distinctions

• American Academy of Appellate Lawyers–the premier organization for appellate specialists in the United States
• United States Court of Appeals for the Fifth Circuit, Law Clerk (1990–1991)
• Supreme Court of Texas, Staff Attorney (1996–1998)
• Appointed by the State Bar of Texas and the State Board of Disciplinary Appeals as Special Assistant Disciplinary Counsel on Appeal (1994–1996)
• Texas Board of Legal Specialization, Civil Appellate Examination Commission (2004–2010)
• University of Texas School of Law, Adjunct Professor of Law, Appellate Advocacy (2000–2007, 2022–2023)
• Chambers USA: Ranked Lawyer in Texas Litigation: Appellate (2022–present)
• Recognized in The Best Lawyers in America® for Appellate Practice (2008–present)
• Named a Texas Super Lawyer in Appellate Practice by Thomson Reuters (2003–present)
  

  Fewer than 5% of attorneys in the state are selected annually

• Named one of the “Top 10 Most Influential Texas Appellate Litigators” (Business Today 2023)

Speaking Engagements & Presentations

• New SCOTX Petition for Review Rules: Practical Implications, in State Bar of Tex., Advanced Appellate Practice Course (forthcoming September 2026) (co-presenter with Texas Supreme Court Justice Kyle D. Hawkins)
• After Three Decades, Petition-for-Review Practice Undergoes a Radical Transformation, in Univ. of Tex. 36th Annual Conf. on State and Federal Appeals (forthcoming June 2026) (speaker & author)
• Stays and Emergency Relief in Federal Appellate Courts, in STATE BAR OF TEX., ADVANCED APPELLATE PRACTICE COURSE (2024) (speaker & author)
• Under-Utilized Procedural Tools—How to Make Use of Rule 166(g) Motions, Rule 62.1 Indicative Rulings, and Rule 54(b) Judgments, in UNIV. OF TEX. 33RD ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2023) (speaker & author)
• Jury Charge in Construction Cases, in State Bar of Tex., Prof. Dev. Program, 35th Annual Construction Law Conference (2022)
• Certification of Questions to State Courts, in Appellate Judges Education Institute Summit (2021) (panel moderator)
• Seeking Rehearing: Don’t Banc on It, in STATE BAR OF TEX. PROF. DEV. PROG., HANDLING YOUR FIRST (OR NEXT) FIFTH CIRCUIT APPEAL (2020) (co-presenter with Fifth Circuit Judge Jennifer Walker Elrod & author)
• Federal Court Certification of State Law Questions:  Lessons from Other Circuits, in UNIV. OF TEX. 26TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2020)
• Interview with Fifth Circuit Judge Don Willett, in UNIV. OF TEX. 28TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2018)
• Fifth Circuit Panel & En Banc Rehearing: Strategies & Voting Patterns, in UNIV. OF TEX. 27TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2017) (co-presenter)
• Fifth Circuit En Banc, in UNIV. OF TEX. 26TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2016) (co-presenter with Fifth Circuit Judge Jennifer Walker Elrod)
• From Volkswagen to Crystal Power to RadMax: The Changing Landscape of Mandamus in the Fifth Circuit, in UNIV. OF TEX. 24TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2014) (speaker & author)
• Federal Interlocutory Appeals and Mandamus, in UNIV. OF TEX. 23RD ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2013) (speaker & author)
• Fifth Circuit Voting Patterns, in STATE BAR OF TEX. PROF. DEV. PROGRAM, 20TH ANNUAL ADVANCED CIVIL APPELLATE PRACTICE COURSE (2011) (speaker & author)
• Panel Roulette: Fifth Circuit Voting Patterns, Dallas Bar Ass’n Appellate Section (2010) (speaker)
• Competing Visions of the Role of an Appellate Court: Internal Struggle at the Fifth Circuit, Houston Bar Association Appellate Section Luncheon (2009) (speaker)
• Preserving Error for Appeal, AUSTIN BAR ASSOCIATION, ULTIMATE TRIAL NOTEBOOK SEMINAR (2009) (panelist)
• Anatomy of an Appeal Part 2: Persuasion, ABA/YLD TELECONFERENCE (2009) (co-presenter)
• Oral Argument: Anticipating and Handling the Tough Questions at the Supreme Court of Texas, in UNIV. OF TEX. 18TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS APPEALS (2008) (co-presenter)
• How to Make Yourself Indispensable at Trial, in STATE BAR OF TEX. PROF. DEV. PROGRAM, 20TH ANNUAL ADVANCED CIVIL APPELLATE PRACTICE COURSE (2006) (panelist)
• For the Record: Judicial Notice on Appeal, in UNIV. OF TEX. 16TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2006) (co-presenter & co-author)
• Fifth Circuit Clerk’s Rules and Procedures You Should Know, But No One Ever Told You, in UNIV. OF TEX. 15TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2005) (co-presenter with Clerk of the Fifth Circuit, Fritz Fulbruge)
• Jury Charge and Other Error Preservation Hot Topics, in AUSTIN BAR ASSOCIATION ULTIMATE TRIAL NOTEBOOK SEMINAR (2005) (panelist)
• Fifth Circuit Internal Operating Procedures Beyond the I.O.P.s, in STATE BAR OF TEX. PROF. DEV. PROGRAM, 18TH ANNUAL ADVANCED CIVIL APPELLATE PRACTICE COURSE (2004) (speaker & author)
• Interlocutory Appeals and Mandamus in Federal Court, in UNIV. OF TEX. 14TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2004) (speaker & author)
• Threshold Forum Issues, in STATE BAR OF TEX. PROF. DEV. PROG., 26TH ANNUAL ADVANCED CIVIL TRIAL COURSE (2003) (speaker & co-author)
• The Supervening Decision Doctrine, in UNIV. OF TEX. 13TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2003) (speaker & author)
• Permissive Interlocutory Appeals in State Court, in TRAVIS COUNTY BAR ASS’N BENCH–BAR CONF. (2003) (speaker & author)
• Interlocutory Appeals, in TRAVIS COUNTY BAR ASS’N BENCH–BAR CONF. (2003) (speaker)
• Permissive Interlocutory Appeals in State Court, in UNIV. OF TEX. 12TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2002) (speaker & author)
• Briefing to the Intermediate Courts of Appeals: State and Federal, in STATE BAR OF TEX. PROF. DEV. PROG., NUTS & BOLTS OF APPELLATE PRACTICE (2001) (speaker & author)
• Fifth Circuit Internal Operating Procedures Beyond the I.O.P.s, in UNIV. OF TEX. 11TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2001) (speaker & co-author)
• Federal Interlocutory Appeals and Mandamus, in UNIV. OF TEX. 10TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2000) (speaker & author)
• Preparing and Preserving Error in the Jury Charge, in UNIV. OF TEX. CONF. ON PROCEDURE AND EVIDENCE (2000) (speaker & author)
• Practice Before the Third Court of Appeals, in TRAVIS COUNTY BAR ASS’N BENCH–BAR CONF. (2000) (panel moderator)
• Cases Pending Before the Supreme Court of Texas, in TRAVIS COUNTY BAR ASS’N CIVIL APPELLATE SEMINAR (1999) (speaker & author)
• Ten Things You Ought to Know About Practicing in the Fifth Circuit, AUSTIN BAR ASS’N CIVIL APPELLATE LAW SECTION LUNCHEON (1998) (speaker & author)
• Perfecting the Appeal and Appellate Motion Practice, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE PRACTICE INSTITUTE (1998) (speaker & author)
• Practice Before the Supreme Court of Texas, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE PRACTICE INSTITUTE (1998) (speaker & co-author)
• A Comparison of State and Federal Appellate Practice, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE PRACTICE INSTITUTE (1998) (speaker & co-author)

Publications

• Editor-in-Chief, Appellate Practice Compendium (ABA 2012)
• Author, Appellate Practice Compendium (ABA 2012)
• Author, Texas Practitioner’s Guide to Civil Appeals, Mandamus Chapter (ALM 2d ed. 2019)
• Comparison of State and Federal Appellate Practice, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE BOOT CAMP (2009) (co-author)
• A Comparison of State and Federal Appellate Practice, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE BOOT CAMP (2008) (co-author)
• Insider’s Guide to Fifth Circuit Internal Procedures, in Fifth Circuit Ultimate Practice Guide: What Every State-Court Practitioner Needs to Know About Practicing in the Fifth Circuit, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE BOOT CAMP (2005) (author)
• Nuts and Bolts of Fifth Circuit Practice, in UNIV. OF TEX. 9TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (1998) (co-author)
• Texas Supreme Court Update, in STATE BAR OF TEX. PROF. DEV. PROG., 14TH ANNUAL LITIGATION UPDATE INSTITUTE (1998) (co-author)
• Interlocutory Remedies in State Court, in UNIV. TEX. 21ST ANNUAL PAGE KEETON PRODUCTS LIABILITY AND PERSONAL INJURY LAW CONF. (1997) (co-author)
• Fifth Circuit Update, in STATE BAR OF TEX. PROF. DEV. PROGRAM, 10TH ANNUAL ADVANCED CIVIL APPELLATE PRACTICE COURSE (1996) (co-author)
• The Court’s Charge, in STATE BAR OF TEX. PROF. DEV. PROG., 16TH & 15TH ANNUAL ADVANCED CIVIL TRIAL COURSE (1993 & 1992) (co-author)
• Jury Charge in State and Federal Court, in STATE BAR OF TEX. PROF. DEV. PROG., 9TH ANNUAL ADVANCED PERSONAL INJURY LAW COURSE (1993) (co-author)

Memberships & Affiliations

• American Academy of Appellate Lawyers
  • Fellow (by-invitation-only); Board of Directors (2026-28); Chair of Appellate Rules Task Force (2025-present); Planning Committee (2024-25); Eisenberg Prize Committee (2024-2025)
• American Bar Association
  • Council of Appellate Lawyers, Judicial Division
  • Publications Committee (Editor of Appellate Practice Compendium) (2008–2014)
  • Rules Committee, Member (2008–2014)
• Texas State Bar
  • Planning Committee for Advanced Appellate Practice Course and 101 Course (2026—present)
  • Appellate Practice & Advocacy Section
  • Section Member (1991–present)
  • Interaction with Judges Committee (2018–2019)
  • Appellate Advocate, Editor (2019–2022), Associate Editor (1996–1997, 2003–2006)
  • Electronic Publications Committee, Member (1996–1997)
  • Annual Meeting Planning Committee, Member (2003)
  • Pattern Jury Charge Committee, General Negligence and Intentional Personal Torts, Member (2004–2006)
  • Plain Language Committee, TYLA Liaison (1994–1995)
  • Texas Bar Foundation, Fellow (1995–present)
  • Texas Bar Journal, Editorial Board (1995–1998)
  • Texas Bar Journal Committee, Member (1995–1998)
• Austin Bar Association
  • Appellate Section, Chair (2003–2004)
  • Austin Young Lawyers Association: AYLA Board of Directors (2003–2004); Treasurer (2002–2003); Secretary (2001–2002); Director (2000–2001)
  • Austin Lawyer, Editor of AYLA Section (1999–2003)
  • Judicial Affairs Committee, Co-Chair (1998–2003)
  • Publications Committee, Co-Chair (1999–2003)
  • Supreme Team Committee, Co-Chair (1998–1999)
  • VoTexas Committee, Member (1998–1999)
  • Nominated for Outstanding Young Lawyer of Austin (2000)
• University of Texas Annual Conference on State and Federal Appeals:
  • Planning Committee Member (2002–present)
  • Presiding Officer (2003, 2005–2007, 2010, 2014, 2019, 2026)
• Bar Association of the Fifth Federal Circuit

Admissions

• United States Supreme Court
• United States Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Federal, and D.C. Circuits
• United States District Courts: Northern, Eastern, Southern, and Western Districts of Texas
• State Bar of Texas