Jack Russo is our Latest Featured Speaker!

Our latest featured speaker is Jack Russo from Computer Law Group!

Jack will be speaking at our upcoming Appellate Law Certified Legal Specialist Exam Prep course in Los Angeles on September 12th and 13th. We’re glad to have you with us, Jack!

Mr. Russo is a frequent speaker on computer law issues and has given presentations to the American Bar Association, the Practicing Law Institute, the Computer Law Association, and the San Francisco Bay Area Intellectual Property American Inn of Court.

Mr. Russo serves as an arbitrator, mediator, and early neutral evaluator for the U.S. District Court (N.D. California), the Santa Clara County Superior Court, and the American Arbitration Association, as well as a Judge Pro Tempore of the Santa Clara County Superior Court.

Mr. Russo specializes in Internet, computer law, and intellectual property litigation. In addition, Mr. Russo is in charge of his firm’s entrepreneurship practice.

Alary Piibe is our Latest Featured Speaker!

Our latest featured speaker is Alary Piibe from Hill & Piibe!

Alary will be speaking at our upcoming Immigration Law Certified Legal Specialist Exam Prep course in Los Angeles on September 12th and 13th. We’re so glad to have you with us, Alary!

Los Angeles immigration attorney Alary E. Piibe is a long-time litigator who has developed keen and aggressive courtroom skills. Mr. Piibe prides himself on being a formidable strategist who will make persuasive, effective presentations — and who represents his clients in a straightforward manner before USICE (U.S. Immigration and Customs Enforcement, Department of Homeland Security), USCIS (U.S. Citizenship and Immigration Services, Department of Homeland Security) and the Immigration Court. This litigation style translates into a benefit for his clients, and helps cause the government to make a thorough and careful consideration of the cases during the adjudication process. He is a member of both the California State Bar and the federal District Courts, enabling him great latitude to appear in any court to pursue his clients’ needs.

Mr. Piibe is a California State Bar Certified Immigration Specialist and has considerable experience in applying for waivers for unlawful presence (otherwise known as “3/10 waivers” or “illegal presence” waivers). He treats each case as unique and devotes many firm resources in an “all-out” effort to obtain a successful conclusion that reunites a family. He is especially adept at criminal immigration issues, understanding the nuances that can mean the difference between success and deportation. Under his guidance, the firm has vacated numerous criminal convictions to cancel their effect on deportation and removal.

Mr. Piibe’s experience before the Asylum Office and the Immigration Court gives his clients additional protection, and he has won several asylum cases involving complicated and technical issues, which most immigration attorneys would have declared hopeless.

Fluent in the Estonian language, Mr. Piibe himself is an immigrant from Toronto, Canada.

Michel Stein is our Latest Featured Speaker!

Our latest featured speaker is Michel Stein from Hochman Salkin Toscher Perez!

Michel will be speaking at our upcoming Tax Law Certified Legal Specialist Exam Prep course in Los Angeles on August 22nd and 23rd. This will be his first time speaking with us. Welcome, Michel!

Michel Stein is a principal at Hochman Salkin Toscher Perez, specializing in tax controversies, as well as tax planning for individuals, businesses and corporations. For more than 20 years, he has represented individuals with sensitive issue civil tax examinations where substantial penalty issues may arise, and extensively advised individuals on foreign and domestic voluntary disclosures regarding foreign account and asset compliance matters.

Mr. Stein is well respected for his expertise and judgment in handling matters arising from the U.S. Government’s ongoing enforcement efforts regarding undeclared interests in foreign financial accounts and assets, including various methods of participating in a timely voluntary disclosure to minimize potential exposure to civil tax penalties and avoiding a criminal tax prosecution referral. He has assisted hundreds of individuals who have come into compliance with their foreign reporting requirements through the OVDP, Streamline or otherwise.

Throughout his career, Mr. Stein has represented thousands of individual, business and corporate taxpayers involved in civil examinations and administrative appeals, tax collection matters as well as with possible assertions of fraudulent conduct and in defending criminal tax investigations and prosecutions at every administrative level within the IRS. He has litigated tax cases in the U.S. Tax Court, the U.S. District Court, and various U.S. Circuit Courts of Appeal. He continues to provide tax advice to taxpayer’s and their advisers around the world.

Mr. Stein is a frequent lecturer at national and regional conferences on topics including tax compliance sensitive issues, IRS examinations, State and Federal worker classification issues, etc. Mr. Stein received his LL.M. in Taxation from the NYU School of Law and graduated from the University of California, Hastings College of the Law. He gained further expertise as Attorney-Adviser to the Honorable Judge Larry L. Nameroff of the U.S. Tax Court. He is a Certified Specialist in Taxation Law by the State Bar of California, Board of Legal Specialization.

Jason Marcus is our Latest Featured Speaker!

Our latest featured speaker is Jason Marcus from Marcus, Regalado & Marcus!

Jason will be speaking at our upcoming Workers’ Compensation Law Certified Legal Specialist Exam Prep course in Los Angeles on September 19th and 20th. We’re looking forward to your presentation, Jason!

Jason is a certified specialist in workers’ compensation per the State Bar of California Board of Legal Specialization. He joined Marcus, Regalado, & Marcus in 2008 after after obtaining his law degree from McGeorge School of Law.  He is a past president of the California Applicants’ Attorneys Association and currently serves as the chair of CAAA’s Legislative Committee. He is also a past president of the Sacramento County Bar Association Workers’ Compensation Section. Jason is dedicated to aggressively fighting for the rights of injured workers and is active in the workers’ compensation community, frequently presenting on workers’ compensation issues.

Veronica Cerruti is our Latest Featured Speaker!

Our latest featured speaker is Veronica Cerruti from Manatt, Phelps & Phillips!

Veronica will be speaking at our upcoming Estate Planning, Trust and Probate Law Certified Legal Specialist Exam Prep course in Los Angeles on September 19th and 20th. She also spoke at our 2013 and 2015 Specialization Exam Prep courses for Estate Planning, Trust & Probate Law. Welcome back, Veronica!

Veronica Cerruti is a Certified Legal Specialist in Estate Planning, Trust & Probate Law. Her practice focuses on trust, estate and transfer tax planning, with an emphasis on family wealth transfers for large estates, business succession planning, sophisticated estate, gift and generation-skipping transfer tax savings techniques, and complex probate and trust administrations.

Her practice includes: preparation of wills, trusts and ancillary documents; business succession planning; generation-skipping and dynasty trust tax planning; asset protection planning; estate and trust administration; preparation and review of gift and estate tax returns; prenuptial and postnuptial agreements; irrevocable insurance trusts; court proceedings relating to the administration, modification or termination of irrevocable trusts; analysis of trust litigation issues; and trust accountings.

Veronica is a frequent speaker for educational programs on a variety of estate planning topics and techniques, including seminars for individuals who are interested in providing for their pets in the event of the individual’s incapacity or death.

Don’t Miss the ABA’s Upcoming Webinar with our own Faith Pincus!

Don’t miss our own Faith Pincus, author, speaker and speaking coach for thirty years, at the ABA’s upcoming webinar, Presentation Skills for Attorneys: The Top Three Things you Need to Know on July 23, 2019! Click here for more information. See below to read more about it!

A recent survey of more than 600 businesses found that among the top skills needed for success, “oral communication” was number one and “presentation skills” number four.

In fact, communicating a clear and persuasive message through presentations is a fundamental, if unspoken, job requirement and a necessary component of success as a lawyer.

Faith Pincus has been training CEOs, attorneys, politicians, candidates and non-profit executives (and staff) for more than thirty years. She is a former political consultant, has a Masters in Communication, practiced law at a large firm in LA and served as a federal district court law clerk — all of which make her uniquely positioned to train attorneys.

Attend this program to learn Faith’s AMI™ Method of public speaking; you’ll receive basic and advanced public speaking techniques as well as insider tips that are guaranteed to improve your public speaking skills. You’ll learn how to craft unique and compelling introductions and conclusions for your presentations – there is a lot more to them than just saying hello and goodbye. Faith will also provide you with the top three ways to use your voice, your words, and your delivery to enhance your presentation style and get your message heard.

Avram Salkin is our Latest Featured Speaker!

Our latest featured speaker is Avram Salkin from Hochman Salkin Toscher Perez!

Avram will be speaking at our upcoming Tax Law Certified Legal Specialist Exam Prep course in Los Angeles on August 22nd and 23rd. We’re looking forward to his presentation!

Avram Salkin is recognized for his unparalleled excellence and integrity in the practice of tax law. He has over fifty years of extensive experience in resolving complex federal and state tax controversies and disputes, in structuring and negotiating complex transactional matters (including the acquisition and disposition of real estate and businesses), family wealth planning, estate planning and probate. Avram Salkin is a Certified Specialist in both Taxation and Estate Planning, Trust and Probate Law, by the The State Bar of California Board of Legal Specialization.

Recognizing a lifetime of achievements and contributions to the field of taxation, in 2003 the Taxation Section of the Los Angeles County Bar Association bestowed its highest honor on Avram Salkin, the Dana Latham Award. In 2007 Mr.Salkin was the recipient of the Joanne M. Garvey Award given by the Taxation Section of the State Bar of California for lifetime excellence in the practice of tax law. Mr. Salkin is a Member of the Board of Governors for the Beverly Hills Bar Association and is the Vice-Chair for the Tax Advisory Commission for the California State Bar Board of Legal Specialization. He is a Past-Chair of both the Business Law Section and the Taxation Section of the Beverly Hills Bar Association and has served on the Executive Committee of the Taxation Section of the Los Angeles County Bar Association. Previously, he served as the Tax Articles Editor of the Los Angeles Lawyer and the Los Angeles County Bar Journal.

Avram Salkin’s many lectures include presentations at the ABA Section of Taxation, the University of Southern California Institute on Federal Taxation; California CPA Education Foundation Conferences (Member, Planning Committee, Pass-Thru Entities Conference); the Los Angeles County and Beverly Hills Bar Associations; programs by the California Continuing Education of the Bar on real estate taxation, professional corporations, partnership taxation, and tax procedure; and the California State University Continuing Education Program in real estate taxation. He has also written extensively on many tax-related subjects, including real estate taxation, S corporations, operating loss carryovers, employment tax issues, attorney-client privilege matters, and partnership tax issues.

Mr. Salkin is admitted to practice before the U.S. Tax Court, the U.S. District Court for the Central District of California, the United States Court of Appeals for the Ninth and Fifth Circuits, and the U.S. Supreme Court. He received his undergraduate degree, with honors in accounting, from the University of California at Los Angeles and his law degree from the University of California, Berkeley. Avram Salkin holds an “A-V” rating from Martindale-Hubbell.

Avram Salkin’s community activities include serving as Chair of the Board of Trustees of Winward School and serving on the Board of Directors of the Guardians of the Jewish Home for The Aging and American Friends of Tel Aviv University.

Garrick Byers is our Latest Featured Speaker!

Our latest featured speaker is Garrick Byers!

Garrick will be speaking at our upcoming Criminal Law Certified Legal Specialist Exam Prep course in Oakland on August 8th and 9th. He also spoke at our 2015 Criminal Law Certified Legal Specialist Exam Prep course, and we’re looking forward to having his expertise again!

Garrick Byers has been a California Certified Specialist in Criminal Law since 1990. He is currently a solo attorney focusing on indigent appeals. Prior to opening his own law practice, Mr. Byers was with the Contra Costa Public Defender’s office and the Fresno County Public Defender’s office for twenty-nine years.

Garrick has tried more than 100 jury trials to verdict, from misdemeanors to homicides, and just about every type of case in between. He has handled all other phases of thousands of all types of criminal cases from arraignment to pretrial proceedings, to trial sentencing, to probation violations, to appeals.

In both Fresno and Contra Costa, Garrick handled motions, research, felony pre-trial writs, case staffing, court appearances on difficult and unusual cases, office-wide trainings, and similar tasks. He was and is an “internal office consultant” and general “go to guy” on all types of cases that public defenders handle.

He is currently (2013) the First Vice President of the California Public Defenders Association (CPDA). He is also the Chair of the CPDA’s Ethics Committee and a member of the Legislative Committee.

Garrick received his JD from the Antioch School of Law (now Univ. of Dist. of Col. David A. Clarke School of Law), Washington D.C in 1979.

Garrick is the author of the only comprehensive treatise on Public Safety Realignment (AB 109), the 2011 massive revision of California’s felony sentencing laws. His Realignment treatise is web-distributed by CPDA, California Continuing Education of the Bar, and linked-to by the California Courts, and many others. He previously authored and edited many articles related to criminal law and trials and sections in the Mathew Bender California Criminal Defense Practice reporter.

Garrick speaks frequently at CPDA and other CLE events on jury trials, new criminal laws, sentencing, ethics, drug treatment programs, motions practice, discovery, pleas, and many other topics. He is also a contributor to the CEB, California Criminal Law, Procedure and Practice, including three Chapters: “Public Records,” “Motion to Disclose Informant’s Identity, ”and “Trial Counsel’s Duties After Judgment” 2013 edition (with 2014 edition forthcoming) and previous editions (most annual) back to (depending on the chapter) 2005.

In 2012 Garrick received a Special Recognition Award from the California Public Defenders Association for his many contributions to Criminal Defense.

It’s NOT Complicated: TC Heartland v. Kraft Food Group Brands

Adrienne Naumann recently spoke for our United States Federal Intellectual Property Developments 2018-2019 Webinar, offering her expertise for both the webinar and the corresponding E-Book. She established her own practice in 1996, exclusively focusing on intellectual property law. We’re so glad to be able to share another one of her articles here!

In TC Heartland LLC v. Kraft Foods Group Brands, 137 S. Ct. 1514 (2017) the U.S. Supreme Court [hereinafter ‘the Court’] held that U.S. patent infringement litigation takes place only in the state in which a corporation is incorporated. To arrive at this holding the Court concluded that the general federal venue statute at 28 U.S.C. 1391 does not define corporate residence in the patent infringement litigation venue statute. 28 U.S.C. 1400(b).

TC Heartland LLC [hereinafter ‘Heartland’] is a corporation that is organized under Indiana law and headquartered in Indiana. Kraft Foods Group Brands [hereinafter ‘Kraft’] is organized in Delaware with its principle place of business in Illinois. Kraft filed a lawsuit in Delaware based upon Heartland’s alleged infringement of its patents for water enhancer products. Heartland’s position was that the Delaware trial court had no personal jurisdiction over Heartland, or in the alternative that venue should be transferred to Indiana. However, the trial court concluded there was personal jurisdiction over Heartland and denied its motion for a transfer of venue. Before the U.S. Court of Appeals for the Federal Circuit [hereinafter ‘the Federal Circuit’] Heartland contended that Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957) squarely held that venue for patent infringement litigation, based upon corporate residence, was exclusively in the state in which a corporation is incorporated. Nevertheless, the Federal Circuit agreed with the trial court, because the general federal venue statute explicitly states (i) a corporation is a resident of any judicial district subject to a court’s personal jurisdiction in that district and (ii) this definition applies “for all venue purposes,” including corporate residence in section 1400(b). 28 U.S.C. 1391(c).

The Court reversed the Federal Circuit decision and held that “residence” in the patent infringement venue statute refers exclusively to the state of incorporation for domestic corporations. It observed that amendments to section 1391 after Fourco did not result in Fourco’s definition of corporate residence in section 1400(b) becoming obsolete. The Court further observed that Fourco is still good law, neither party has asked the Court to revisit its holding, and that Congress has not amended section 1400(b) since Fourco. Therefore, the definition of corporate residence in section 1391(c) does not apply, because the section 1391 pre-amble reads “except as otherwise provided by law,” and Fourco qualifies as an exception.

In sum, section 1400(b) does not include the broader definition of corporate residence of the general venue statute. The Court concluded by remanding the case to the Federal Circuit for further proceedings consistent with its decision.

 

[1]Personal jurisdiction is defined as the power of a court over an actual person or entity. Venue is defined as the location where either party in a lawsuit may require the case to proceed. In other words, venue is a subset of locations where there is personal jurisdiction over the parties to the lawsuit.

Amy Lenhert is our Latest Featured Speaker!

Our latest featured speaker is Amy Lenhert from Stone Grzegorek & Gonzalez!

Amy will be speaking at our upcoming Immigration Law Certified Legal Specialist Exam Prep course in Los Angeles on September 12th and 13th. This will be her first time speaking with us, and we’re looking forward to her presentation!

Amy Prokop Lenhert has expertise in a broad range of immigration matters and is a Certified Specialist in Immigration and Nationality Law, State Bar of California Board of Legal Specialization. She has successfully litigated cases before the U.S. Court of Appeals for the Ninth Circuit, and the U.S. District Courts of California, Nebraska, and Washington, D.C.

In addition to her federal court practice, Amy has represented clients in removal proceedings throughout the United States; assisting her clients in obtaining cancellation of removal for lawful permanent residents, cancellation of removal for nonresidents, waivers for fraud and criminal convictions, and applications for asylum. She has successfully represented clients with administrative appeals to both the Board of Immigration Appeals and the USCIS Administrative Appeals Office.

Amy also regularly represents individuals in connection with family-based visa petitions, unlawful presence waivers, applications for naturalization, and complex citizenship claims.

Amy believes strongly in the importance of giving back, and regularly provides pro bono legal services through a variety of organizations. She serves on the advisory committee for the Los Angeles office of Kids in Need of Defense (KIND), an organization dedicated to ensuring that no child appears in immigration court without legal representation.

Amy received her Juris Doctorate from Loyola Law School Los Angeles in 2003.

She is a member of the American Immigration Lawyers Association (AILA), the Los Angeles Bar Association, and the Federal Bar Association.