Dana Livingston

Principal

Austin

512-482-9304

dlivingston@cokinoslaw.com

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Practice Areas

Biography

Unlike many attorneys, Dana Livingston does not expect repeat business. The clients she works with are usually embroiled in the kind of bet-the-company appeals and high-stakes litigation that are not likely to recur. These clients call on Dana for the type of broad and deep experience that a savvy, experienced, and skilled appellate lawyer can bring.

Dana Livingston is a board-certified appellate specialist. She is recognized as one of the premier appellate practitioners in the state, with particular expertise before the Fifth Circuit and the Supreme Court of Texas. A former Law Clerk for the Fifth Circuit and a former Staff Attorney at the Supreme Court of Texas, Dana is equally fluent in both state and federal appellate matters.

During her nearly 30-year career, Dana’s wide-ranging experience in appellate advocacy and complex legal issues covers a diverse range of substantive law. Known for her ability to weave creative problem-solving with the careful intellectual perspective that the appellate process demands, she frequently works with trial counsel on strategy, key discovery disputes, legal motions, crafting and arguing the jury charge, and error preservation during and after trial to achieve an early litigation victory or lay the groundwork for a successful appeal or mandamus.

Because of her extensive appellate expertise, Dana was appointed by the Texas Board of Legal Specialization to serve on its Civil Appellate Examination Commission for six years. Dana is also a former Adjunct Professor of Law at the University of Texas School of Law where she taught Appellate Advocacy for many years.

Dana’s devotion to appellate practice caused her to be selected as the Editor in Chief of the two-volume Appellate Practice Compendium, a multi-jurisdictional appellate practice guide published by the American Bar Association and to author the Fifth Circuit chapter of that book. Dana is a sought-after speaker at CLE programs on a wide range of appellate practice topics.

Dana entered private practice with the Houston office of Vinson & Elkins LLP and was a partner for 15 years with the appellate boutique, Alexander Dubose Jefferson & Townsend LLP before joining Cokinos | Young. She has been Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization since 1995.

Recognitions & Distinctions

  • United States Court of Appeals for the Fifth Circuit, Law Clerk (1990-1991)
  • Supreme Court of Texas, Staff Attorney (1996-1998)
  • Texas Board of Legal Specialization, Civil Appellate Examination Commission (2004-2010)
  • University of Texas School of Law, Adjunct Professor, Appellate Advocacy (2000-05, 2007)
  • Listed in Best Lawyers in America in Appellate Law (2008-present)
  • Selected for inclusion in Thomson Reuters Super Lawyers Texas in Appellate Practice (2003-present)
  • Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization (1995-present)

Selected Publications & Presentations

  • 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 2014)
  • 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)
  • Comparison of State and Federal Appellate Practice, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE BOOT CAMP (2009) (co-author)
  • 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)
  • A Comparison of State and Federal Appellate Practice, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE BOOT CAMP (2008) (co-author)
  • 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 Clerks 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)
  • Insiders Guide to Fifth 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)
  • 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, inTRAVIS COUNTY BAR ASS’N CIVIL APPELLATE SEMINAR (1999) (speaker & author)
  • Nuts and Bolts of Fifth Circuit Practice, in UNIV. OF TEX. 9TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (1998) (co-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)
  • 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 Courts 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 Bar Association
    • Council of Appellate Lawyers, Judicial Division,
    • Publications Committee (Editor of Appellate Practice Compendium) (2008-14)
    • Rules Committee, Member (2008-14)
  • Texas State Bar
    • Appellate Practice & Advocacy Section
    • Section Member (1991-present)
    • Interaction with Judges Committee (2018-present)
    • Appellate Advocate, Editor (2019-present), Associate Editor (1996-97, 2003-06)
    • Electronic Publications Committee, Member (1996-97)
    • Annual Meeting Planning Committee, Member (2003)
    • Pattern Jury Charge Committee—General Negligence and Intentional Personal Torts, Member (2004-06)
    • Plain Language Committee, TYLA Liaison (1994-95)
    • Texas Bar Foundation, Fellow (1995-present)
    • Texas Bar Journal, Editorial Board (1995-98)
    • Texas Bar Journal Committee, Member (1995-98)
  • Austin Bar Association
    • Appellate Section, Chair (2003-04)
    • Austin Young Lawyers Association:
    • AYLA Board of Directors (2003-04)
    • Treasurer (2002-03); Secretary (2001-02); Director (2000-01)
    • 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 (1998-99)
    • VoTexas Committee, Member (1998-99)
    • 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)
  • Bar Association of the Fifth Federal Circuit

Education

  • University of Texas School of Law — J.D. with honors (1990)
    • Texas Law Review (1988-90),Executive Editor (1989-90)
  • University of Texas at Austin — B.A. with high honors (1987)

Admissions

  • United States Supreme Court
  • Fifth Circuit
  • Ninth Circuit
  • Eleventh Circuit
  • United States District Courts: Eastern, Southern, Northern, Western