BOARD CERTIFICATION Civil Appellate Law, Texas Board of Legal Specialization (1987-present)

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ROGER D. TOWNSEND ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP 1844 HARVARD STREET HOUSTON, TEXAS 77008-4342 (713) 523-2358 (713) 522-4553 Email: rtownsend@adjtlaw.com EDUCATION Harvard Law School (J.D., 1979) Oralist, Semifinal Round, Ames Moot Court Competition 1978 HARVARD CIVIL RIGHTS CIVIL LIBERTIES REVIEW 1977-1979 HARVARD LAW REVIEW, Semifinalist, Writing Competition 1977 University of Texas at Arlington (B.A., with highest honors, 1976) Administrative Counsel, Law Society 1975-76 President, Omicron-Kappa Chapter of Phi Alpha Theta (International Honorary History Society) 1975-76 Editor, 4 ESSAYS IN HISTORY: THE E.C. BARKSDALE STUDENT LECTURES 1975 Alpha Chi (National Honor Scholarship Society) EMPLOYMENT HISTORY Alexander Dubose Jefferson & Townsend LLP Partner, 2003-present Hogan Dubose & Townsend, L.L.P. Partner, 1995-2003 Fulbright & Jaworski L.L.P. Head of Appellate Group in Litigation Department and Partner 1987-95 Participating Associate 1984-87 Associate 1979-84 Adjunct Professor of Appellate Advocacy, University of Houston Law Center, 1990 BOARD CERTIFICATION Civil Appellate Law, Texas Board of Legal Specialization (1987-present) PROFESSIONAL ACTIVITIES American Academy of Appellate Lawyers Immediate Past President 2014 President 2013 Officer 2008-12 Director 2004-07 Chair, Membership Committee 2005-09 Co-chair, Appellate Ethics and Civility Committee 1998-99 Fellow 1997-present

State Bar of Texas Certificate of Merit 1993 Appellate Practice and Advocacy Section 1988-present Chair 1989-90 Vice-chair 1988-89 Committee on the Administration of Justice 1988-91 Houston Bar Association Appellate Practice Section 1990-present Committee on the Appellate Judiciary 1989-90 American Bar Association Litigation Section 1987-present Appellate Advocacy Committee 1987-present Tort & Insurance Practice Section 1993-present Appellate Advocacy Committee Chair-elect 2007-08 Vice-chair 1993-94, 2005-06 Council of Appellate Lawyers, Appellate Judges Conference, Judicial Division 2001- present Long-range Strategic Committee, Chair 2007-08 Speakers Bureau Committee, Chair 2003-04 Defense Research Institute 2003-present Appellate Practice Committee 2003-present Bar Association of the Fifth Federal Circuit Charter Member 1987-present Houston Bar Foundation, Life Fellow Texas Bar Foundation, Life Fellow American Bar Foundation, Life Fellow PUBLICATIONS AND SPEECHES Books National Editor, Superseding and Staying Judgments: A National Compendium, A.B.A. (2007) Editor-in-Chief, TEXAS APPELLATE PRACTICE MANUAL (2d ed. 1993) Author, Supersedeas and Stays of Judgments, in APPELLATE PRACTICE IN FEDERAL AND STATE COURTS (Law Journal Press 2011) Author, Briefwriting: the Appellee s Perspective, in A DEFENSE LAWYER S GUIDE TO APPELLATE PRACTICE (DRI 2004) Contributor, The Amicus Brief: How to be a Good Friend of the Court, A.B.A. (2d ed. 2004) Articles The Future of Oral Argument: Argument by E-mail?, THE APPELLATE ADVOCATE 8 (AAAL 2010, Issue 1) Oral Argument on Appeal: Go Forth and Sin, Sin, Sin, THE APPELLATE ADVOCATE 20 (State Bar of Tex. Vol. 22, no.1, Fall 2009) Tedious Bound: Must Briefs Be Boring?, FOR THE DEFENSE 81 (2010)

Carts and Horses, or Circles and Spirals: Reflections and Ruminations on Legal Research, CERTOWRTHY (DRI MAY 2007) Appellate Advocacy: Whose World Is It?, FOR THE DEFENSE 52 (Nov. 2009) (co-author) Amicus Curiae Briefs, Legal On-Ramp (2009) Tips from the Top, Houston Bar Association, Appellate Practice Section THE APPELLATE LAWYER (Jan. 2009) Pursuing Persuasion: Heading for Trouble, FOR THE DEFENSE 66 (March 2005) Focusing on Litigation Results: The Role of the Case Manager, THE DOCKET Vol. 24, No. 3 (March 2006) (co-author) Book Review, CERTWORTHY, Summer 2005, at 47 (reviewing DAVID C. FREDERICK, SUPREME COURT AND APPELLATE ADVOCACY: MASTERING ORAL ARGUMENT) Improper Jury Argument and Professionalism: Rethinking Standard Fire v. Reese, 6 TEX. B.J. 448 (2004) Give Me That Old-Time Religion An Essay, THE APPELLATE ADVOCATE, Vol. XI, No. 3 (May 1998) Hard Questions About Electing Appellate Judges, THE APPELLATE ADVOCATE, Vol. III, No. 2 (Spring 1990) Pre-Accusation Delay, 24 S. TEX. L.J. 69 (1983) Book Review, How to Handle an Appeal, 45 TEX. B.J. 1317 (Oct. 1982) Reflections on the Burden of Proof in Texas Summary Judgment Practice, 18 HOUSTON LAWYER 24 (1981) Continuing Legal Education Programs Handling the Difficult Oral Argument (Appellate Judges Education Institute Nov. 2013) Changes in Appellate Judging and Lawyering During the Past 50 Years (ABA Mid-Year Meeting Aug. 2013) Effective Oral Advocacy, ABA Mid-Year Meeting (Feb. 2013) Celebrity Trials, Contemporary American Culture, and Appellate Courts: Is There a Connection, Houston Bar Ass n, Appellate Section (March 2012) Quality or Profits: Which Should Come First in a Profession?, American Academy of Appellate Lawyers Fall Meeting (2012) Reflections from 32 Years of Briefwriting, Appellate Judges Education Institute (ABA 2012) Mistakes: How to Prevent, or at Least Survive, Them, State Bar of Tex., Civil Appellate Practice 101 (2011) The Future (if any) of Oral Argument, State Bar of Tex., 24 th Annual Advanced Civil Appellate Practice Course (2010) Appellate Advocacy: The Proper Use of English, (Houston Bar Ass n, Appellate Practice Section, Sept. 2009) Plenary Session on Brief-Writing, Appellate Practice Institute ABA 2009) (co-panelist) Models of Statutory Interpretation Applied to Your Daily Practice, 21 st Annual Civil Appellate Practice Section (State Bar of Tex. 2007) (co-presenter) Oil & Gas Issues on Appeal, American Assn of Mineral Owners Seminar (2007) Hot Situations, Hot Topics, Hot (and Cold) Courts, ABA, Council of Appellate Lawyers and Appellate Judges Summit (2005) (co-presenter) Special Considerations in Appealing Jury Verdicts, 20 th Ann. Fed. Appellate Prac. & Advocacy & Advocacy Seminar (2005) (speaker & author)

The Amicus Brief: How to Write and Use it Effectively, ABA Annual Meeting (2004) (copresenter) Negotiating with Outside Counsel: Creative Options in Fees, Management, and Impacts on Engagement Agreements Litigation at Appellate Level, American Corporate Counsel Ass n (2004) (co-presenter) Managing Expectations on Appeal, Houston and Travis County Bar Ass ns, Appellate Practice Sections 2003 (speaker) Briefing Preservation Issues and Preserving Issues in Briefs, in Fifth Circuit Appellate Practice & Advocacy Seminar (2003-04) (speaker & author) If It s Broke Fix It!, in Fifth Circuit Appellate Practice and Advocacy Seminar (2002-04) Fast Track Appeals in High Profile Litigation Lessons Learned, American Academy of Appellate Lawyers 2001(speaker & author) Appellate Advocacy: The Myth vs. the Reality, Univ. Tex. Appellate Pracrice Course (1999) (speaker & author) Attacking and Defending Contractual Liability and Promissory Estoppel on Appeal, State Bar of Tex. (1998) (speaker & author) Anomalies on Appeal: How (Not) to Handle the Unexpected, Houston Bar Ass n, Appellate Practice Section (1997) (co-presenter) Brief Writing in the Texas Courts of Appeals, Houston Bar Ass n (1996) (speaker & author) Appellate Update: Preparing for Appeal, State Bar of Tex. (1996) (speaker & author) State Standards of Review: Cornerstone of the Appeal, Univ. Tex. (1996) (speaker & author) Federal Standards of Review, Univ. Tex. 1995 (speaker & author) Oral Argument by the Masters, State Bar of Tex. (1995) (oralist) An Analysis of Texas Charge Practice, Univ. Tex. (1993) Brief Writing Specifics: Writing the Statement of Facts, Louisiana State Univ. (1993) (speaker & author) Written Advocacy Part II: Stating the Facts, in State Bar of Tex., Advanced Civil Appellate Practice Course (1992) (speaker & author) The Theory of Appeal The Decision to Appeal Frivolous Appeals Dealing with Trial Counsel, in Univ. Tex. (1991) (speaker & author) Writing Workshop and Critique, Fifth Circuit Appellate Practice and Advocacy Seminar (1991) (Faculty Member) Brief Writing: Advanced Techniques for Writing a Statement of Facts, in State Bar of Tex., Advanced Civil Appellate Practice Course (1991) Standards of Review and Reversible Error: in Univ. Tex., Annual Advanced Appellate Seminar on State and Federal Appeals (1991) (speaker & author) Workers Compensation, Indemnity, and Related Liability, in State Bar of Tex. Corporate Counsel Seminar (1990, 1989) (speaker & author) Summary Judgment Practice in Texas and Federal Courts, Southern Methodist Univ. (1990) The Interrelationship of Common-Law Contract Claims and Negligence Claims, Southern Methodist Univ. (1990) Standards of Review and Reversible Error, in State Bar of Tex., Advanced Appellate Practice Course (1990) Appellate Procedure: How to Perfect and Prosecute an Appeal Through the Texas Court System, Southern Methodist Univ. (1989, 1988) Current Tort and Indemnity Issues Affecting Oil & Gas Operators, South Tex. College of Law (1989)

Handling the Monster Appeal, State Bar of Tex. (1989) Pitfalls for Corporate Counsel in Appealing the Disastrous Judgment, American Corporate Counsel Association Institute, Pennzoil v. Texaco: Aspects of the Litigation Instructive for Corporate Counsel, 1988 Preservation of Reversible Error in Texas, Houston Bar Association (1988) Oral Argument, State Bar of Tex. (1988) Drafting the Appellate Brief, South Tex. College of Law (1988) Responsible Advocacy, The Appellate Advocate, Vol. 1, No. 3 (Spring 1988) Preserving the Right to Complain on Appeal in Non-Jury Cases, Southern Methodist Univ. (1987) Stay of Judgment, in State Bar of Tex., Advanced Appellate Practice Course (1987) LICENSED TO PRACTICE IN United States Supreme Court (1984-present) United States Court of Appeals Second Circuit (1994-present) Fourth Circuit (1998-present) Fifth Circuit (1981-present) Ninth Circuit (2007-present) Eleventh Circuit (1981-present) United States District Court for the Southern District of Texas (1980-present) United States District Court for the Eastern District of Texas (2003-present) All Texas State Courts (1979-present)