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Dram Shop Liability: Navigating Risks in Alcohol Service (Presented by HospitalityLawyer.com®)

A comprehensive examination of dram shop liability law, covering trial strategies for plaintiffs and defendants, plus compliance best practices for alcohol-serving establishments.

2025-11-14 13:00:00

1.5 hours

Program Details

2025-11-14 13:00:00

Program Details

2025-11-14 13:00:00

Over 1,000+ webinars

2025-11-14 13:00:00

1.5 hours

Course Overview

Dram Shop Liability Trial Strategies and Compliance

2025-11-14 13:00:00

Attorneys will master plaintiff and defense approaches to alcohol liability cases, from discovery tactics to witness preparation. These skills apply directly to Texas Dram Shop Act litigation and establishment risk management.

Format

CLE Credit

1.5h CLE Credits

Level

Intermediate

Length

1.5

Key topics that will be covered

01
Historical Context
Texas bars were immune from liability until the 1987 Dram Shop Act.
02
Trial Strategy
Plaintiff attorneys should focus on why holding the bar responsible is fair.
03
Discovery Tactics
Critical evidence includes surveillance video, cell phone data, and server depositions.
04
Toxicology Evidence
At 0.15% BAC, individuals likely exhibit obvious intoxication signs.
05
Witness Preparation
Defense witnesses should count to three before answering any deposition question.
06
Compliance Culture
Training must extend to hosts, security, and anyone interacting with patrons.

Program schedule

clock 1:00 pm - 1:30 pm EST

Scope and Application of Texas Dram Shop Laws

This session explores the historical origins of dram shop liability from 18th century Britain through the development of the Texas Dram Shop Act in 1987. Participants will examine jurisdictional variations, the statutory framework unique to Texas, and the public safety rationale behind holding alcohol-serving establishments accountable for overservice.

Stephen Barth.Stephen Barth.
Spencer G. MarkleSpencer G. Markle
Jon BaileyJon Bailey
clock 1:30 pm - 2:00 pm EST

Practical Trial Strategies for Dram Shop Litigation

Attorneys from both plaintiff and defense perspectives share proven trial strategies including discovery techniques, deposition preparation, and jury selection considerations. Key topics include leveraging toxicology evidence, the tipping incentive argument, witness preparation methods, and effective approaches to cross-examination of expert witnesses.

Stephen Barth.Stephen Barth.
Spencer G. MarkleSpencer G. Markle
Jon BaileyJon Bailey
clock 2:00 pm - 2:10 pm EST

Break

A short intermission allowing participants to refresh before the final session. Use this time to reflect on trial strategies discussed and prepare questions for the compliance segment.

Stephen Barth.Stephen Barth.
Spencer G. MarkleSpencer G. Markle
Jon BaileyJon Bailey
clock 2:10 pm - 2:40 pm EST

Compliance Best Practices for Alcohol Service Establishments

This session focuses on building an organizational culture of responsible alcohol service through effective training, policy development, and documentation practices. Participants will learn about standard drink measurements, handling pre-gaming patrons, energy drink interactions, and the business case for why risk management ultimately protects profitability.

Stephen Barth.Stephen Barth.
Spencer G. MarkleSpencer G. Markle
Jon BaileyJon Bailey
Stephen Barth.

Stephen Barth.

HospitalityLawyer.com®

Spencer G. Markle

Spencer G. Markle

Markle Law

Jon Bailey

Jon Bailey

The Bailey Law Firm

Stephen Barth.

Stephen Barth.

HospitalityLawyer.com®

Stephen Barth, author of Hospitality Law and coauthor of Restaurant Law Basics, is an attorney, the founder of HospitalityLawyer.com, the annual Hospitality Law Conference series, and the Global Travel Risk Summit Series. As a professor at the Conrad N. Hilton College of Hotel and Restaurant Management, University of Houston, he teaches courses in hospitality law and leadership. He is #3 on Global Guru’s Top 30 Hospitality Thought Leaders & Influencers for 2023. In addition to legal and travel risk mitigation insight, Stephen specializes in communicating the importance of Emotional Intelligence in leadership roles; and has provided valuable insight to many companies including The Methodist Hospital System, Wyndham Worldwide, Dine Equity, Business Travel News and Aramark. His fun, fast-paced presentations provide practical information and solutions to enhance your personal and professional life.

Education & Credentials

He earned a B.A. in Economics, an M.A. in Communications, and a J.D. from Texas Tech University. His faculty profile also describes decades of work in hospitality law and leadership education, alongside litigation-support and expert-witness work in hospitality-related matters.

Recognition & Leadership

He has received University of Houston teaching recognition, including the Career Teaching Excellence Award, and other teaching honors noted in his professional materials. He has also been recognized by GlobalGurus in its hospitality rankings, including being listed as the #1 hospitality professional for 2022 and appearing in the 2023 and 2024 lists.

Professional Involvement

His work includes building HospitalityLawyer.com as a platform serving hospitality lawyers and industry leaders with legal, safety, and risk-management resources. He is also associated with industry-facing conferences and summits that convene professionals around hospitality legal risk and travel risk management.

Experience

Across more than three decades at the University of Houston’s Hilton College, his profile notes teaching and speaking activity at significant scale, including thousands of students taught, extensive publishing, and hundreds of industry presentations. His work also includes being retained in litigation contexts and contributing expertise on hospitality-related standards of care and operational risk.
Spencer G. Markle

Spencer G. Markle

Markle Law

Spencer G. Markle is one of Texas’s most accomplished civil trial attorneys and a leading authority on dram shop and liquor liability law, bringing a rare dual-perspective as both defense and plaintiff counsel to alcohol-service liability, risk management, and jury strategy.

Education & Credentials

Board Certified in Personal Injury and Civil Trial Law.

Recognition & Leadership

Diplomate of the American Board of Trial Advocates. Authored the Texas Liquor Liability Practice Manual, now in its 7th Edition (ALM Media 2024)—the state's definitive guide on dram shop litigation.

Professional Involvement

TexasBar CLE faculty member.

Experience

Has tried more than 120 jury cases across 23 Texas counties. Frequent TexasBar CLE faculty member with deep insight into statutory interpretation, trial presentation, and compliance best practices.
Jon Bailey

Jon Bailey

The Bailey Law Firm

Jon Bailey is a Plaintiff’s personal injury trial attorney in West Texas, with the majority of his trial docket involving Dram Shop or alcohol related cases in addition to trucking cases.

Education & Credentials

Graduated from Texas Tech School of Law in May 2000. Member of the Order of the Coif, Texas Tech Law Review, and Phi Delta Phi while in law school.

Recognition & Leadership

Board Certified in Personal Injury Trial Law since 2005. Selected as a Texas Monthly Super Lawyer Rising Star from 2008 to 2015. Selected as a Texas Monthly Super Lawyer every year since 2015. Trial counsel in 11 cases where the verdict exceeded One Million Dollars.

Professional Involvement

Actively involved in Angelo Catholic School and Holy Angels Catholic Church.

Experience

Native of Ballinger, Texas. In September 2024, was part of the trial team that recovered a 262.5-million-dollar verdict with 40% of the fault being placed on a local golf course bar for their role in violating the Texas Dram Shop Act.
Stephen Barth.

Stephen Barth.

HospitalityLawyer.com®

Stephen Barth, author of Hospitality Law and coauthor of Restaurant Law Basics, is an attorney, the founder of HospitalityLawyer.com, the annual Hospitality Law Conference series, and the Global Travel Risk Summit Series. As a professor at the Conrad N. Hilton College of Hotel and Restaurant Management, University of Houston, he teaches courses in hospitality law and leadership. He is #3 on Global Guru’s Top 30 Hospitality Thought Leaders & Influencers for 2023. In addition to legal and travel risk mitigation insight, Stephen specializes in communicating the importance of Emotional Intelligence in leadership roles; and has provided valuable insight to many companies including The Methodist Hospital System, Wyndham Worldwide, Dine Equity, Business Travel News and Aramark. His fun, fast-paced presentations provide practical information and solutions to enhance your personal and professional life.

Education & Credentials

He earned a B.A. in Economics, an M.A. in Communications, and a J.D. from Texas Tech University. His faculty profile also describes decades of work in hospitality law and leadership education, alongside litigation-support and expert-witness work in hospitality-related matters.

Recognition & Leadership

He has received University of Houston teaching recognition, including the Career Teaching Excellence Award, and other teaching honors noted in his professional materials. He has also been recognized by GlobalGurus in its hospitality rankings, including being listed as the #1 hospitality professional for 2022 and appearing in the 2023 and 2024 lists.

Professional Involvement

His work includes building HospitalityLawyer.com as a platform serving hospitality lawyers and industry leaders with legal, safety, and risk-management resources. He is also associated with industry-facing conferences and summits that convene professionals around hospitality legal risk and travel risk management.

Experience

Across more than three decades at the University of Houston’s Hilton College, his profile notes teaching and speaking activity at significant scale, including thousands of students taught, extensive publishing, and hundreds of industry presentations. His work also includes being retained in litigation contexts and contributing expertise on hospitality-related standards of care and operational risk.
Spencer G. Markle

Spencer G. Markle

Markle Law

Spencer G. Markle is one of Texas’s most accomplished civil trial attorneys and a leading authority on dram shop and liquor liability law, bringing a rare dual-perspective as both defense and plaintiff counsel to alcohol-service liability, risk management, and jury strategy.

Education & Credentials

Board Certified in Personal Injury and Civil Trial Law.

Recognition & Leadership

Diplomate of the American Board of Trial Advocates. Authored the Texas Liquor Liability Practice Manual, now in its 7th Edition (ALM Media 2024)—the state's definitive guide on dram shop litigation.

Professional Involvement

TexasBar CLE faculty member.

Experience

Has tried more than 120 jury cases across 23 Texas counties. Frequent TexasBar CLE faculty member with deep insight into statutory interpretation, trial presentation, and compliance best practices.
Jon Bailey

Jon Bailey

The Bailey Law Firm

Jon Bailey is a Plaintiff’s personal injury trial attorney in West Texas, with the majority of his trial docket involving Dram Shop or alcohol related cases in addition to trucking cases.

Education & Credentials

Graduated from Texas Tech School of Law in May 2000. Member of the Order of the Coif, Texas Tech Law Review, and Phi Delta Phi while in law school.

Recognition & Leadership

Board Certified in Personal Injury Trial Law since 2005. Selected as a Texas Monthly Super Lawyer Rising Star from 2008 to 2015. Selected as a Texas Monthly Super Lawyer every year since 2015. Trial counsel in 11 cases where the verdict exceeded One Million Dollars.

Professional Involvement

Actively involved in Angelo Catholic School and Holy Angels Catholic Church.

Experience

Native of Ballinger, Texas. In September 2024, was part of the trial team that recovered a 262.5-million-dollar verdict with 40% of the fault being placed on a local golf course bar for their role in violating the Texas Dram Shop Act.

Credits by state

AK1.5
AL1.5
AR1.5
AZ1.5
CA1.5
CO2.0
CT1.5
DC
DE1.5
FL1.5
GA1.5
HI1.5
IA1.5
ID1.5
IL1.5
IN1.5
KS1.5
KY1.5
LA1.5
MA1.5
MD1.5
ME1.5
MI1.5
MN1.5
MO1.8
MS1.5
MT1.5
NC1.5
ND1.5
NE1.5
NH90.0
NJ1.5
NM1.5
NV1.5
NY1.5
OH1.5
OK2.0
OR1.5
PA1.5
RI2.0
SC1.5
SD1.5
TN1.5
TX1.5
UT1.5
VA1.5
VT1.5
WA1.5
WI1.5
WV1.8
WY1.5

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Approved
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Approved
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs