Joseph Farris is our latest Featured Speaker!

Our latest featured speaker is Joseph Farris from Arnold & Porter Kaye Scholer LLP!

Joe is speaking at our upcoming 20th Annual Federal Court Boot Camp: The Nuts and Bolts (CA) program on April 30 & May 2, 2024. He will be a part of an stellar panel for this program, which will walk you through your case in Federal Court from start to finish. You’ll learn the rules and tasks, strategies and tactics, and the skills and techniques you must have to become a more effective and successful litigator in Federal Court and to be a more effective and successful litigator in general.

Joe Farris is a seasoned trial attorney and trusted advisor to technology companies based in San Francisco who represents clients in a broad range of business and intellectual property disputes. He has significant experience in state and federal courts, private arbitration, and a variety of cross-border disputes.

His clients often face emerging legal issues at the intersections of law and technology, including trade secret, copyright, trademark, patent, and unfair competition litigation. He has recently represented a medical technology company in federal court litigation against an internationally-based competitor that sought to raid the client’s U.S. operational staff and intellectual property. Before that, he defended an international electronics manufacturer against parallel federal and state litigation asserting trade secret misappropriation and trademark infringement.

His work frequently involves complex forensic investigations of digital evidence in disputes and litigation involving trade secret theft, source code copying, hacking and the Computer Fraud and Abuse Act (CFAA), subpoenas for Internet content and communications, online defamation and harassment, the Digital Millennium Copyright Act (DMCA), works-for-hire disputes, and use of web-crawling bots. Joe also has experience in a variety of business litigation matters such as breaches of commercial contracts, licensing and royalty disputes, founders’ disputes, violations of fiduciary duties, and false advertising. He regularly advises and counsels clients on issues related to employee mobility, including cases involving breaches of employment contracts, non-disclosure agreements, non-competition agreements, and non-solicitation agreements.

Before joining Arnold & Porter, Joe was an Assistant District Attorney for the San Francisco District Attorney’s Office where he was lead trial counsel in 10 jury trials, nine of which resulted in a conviction.

He is a 2008 graduate of the University of California, Berkeley School of Law where he was a member of the Board of Advocates and served as an article editor on the Ecology Law Quarterly journal.

We are excited to have him join us!

Hon. Suzanne Segal (Ret.) is our latest Featured Speaker!

Our latest featured speaker is Hon. Suzanne H. Segal (Ret.) from Signature Resolution!

Judge Segal is speaking at our upcoming 20th Annual Federal Court Boot Camp: The Nuts and Bolts (CA) program on April 30 & May 2, 2024. She will be a part of an amazing panel for this program, which will walk you through your case in Federal Court from start to finish. You’ll learn the rules and tasks, strategies and tactics, and the skills and techniques you must have to become a more effective and successful litigator in Federal Court and to be a more effective and successful litigator in general. Judge Segal previously spoke at our 19th Annual Federal Court Boot Camp: The Nuts and Bolts (CA) program last year, and has also spoken at our Federal Court Boot Camps in 2019, 2020, and 2022.

During her tenure on the federal bench, Judge Segal presided over numerous trials, evidentiary hearings, motions, and discovery conferences involving diverse subject matter. Judge Segal served as the settlement judge in hundreds of cases, settling business and insurance disputes; patent, trademark, and copyright actions; and employment, civil rights, and tort cases. Judge Segal handled a wide range of motions and settlements arising out of class actions, particularly in the wage and hour context.

Judge Segal has broad experience in securities litigation, including matters brought by private investors and the SEC. In addition, Judge Segal has extensive experience in matters involving the False Claims Act and related actions involving the healthcare industry.

Judge Segal has served as a special master or discovery referee in cases involving the False Claims Act, mass tort and insurance claims, patent litigation, and product liability claims.

Before her appointment to the bench, Judge Segal served as an Assistant United States Attorney in the Civil Division of the Los Angeles U.S. Attorney’s Office for 12 years. As an AUSA, Judge Segal handled a variety of cases, including contract, employment, civil rights, Medicare reimbursement, and tort claims. She also brought consumer and civil rights actions on behalf of the Department of Justice. From 1999 to 2002, she served as the Chief of Civil Appeals for the U.S. Attorney’s Office. Prior to serving in the U.S. Attorney’s Office, Judge Segal was a civil litigator at Dewey, Ballantine and Adams, Duque and Hazeltine.

Judge Segal has also served as a lecturer in Law at UCLA School of Law and Loyola Law School. Judge Segal is known for her work ethic and persistent dedication to reach a positive result for the parties.

We are excited to have her join us again!

Ricardo Echeverria is our latest Featured Speaker!

Our latest featured speaker is Ricardo Echeverria from Shernoff Bidart Echeverria LLP!

Ricardo is speaking at our upcoming Bad Faith Insurance Litigation in CA program on April 16 & 18, 2024. Ricardo previously spoke at our Insurance Solutions for Covid-19 Business Losses and Claims program, and our 1st Party Property Insurance Bad Faith Cases From Start to Finish program. Ricardo will be a part of a stellar panel for this program, which will cover critical 2024 hot topics – the latest issues, cases, new rules and common problems associated with Bad Faith Insurance cases in a variety of settings that apply to business clients or individual clients.

Ricardo Echeverria is a trial attorney with Shernoff Bidart Echeverria LLP handling insurance bad faith and catastrophic personal injury cases. Mr. Echeverria is a past-president of the Consumer Attorneys Association of Los Angeles (CAALA) the nation’s largest local association of plaintiffs’ attorneys. He was recognized as one of the Top 30 Plaintiff Lawyers in California in 2018, 2019, 2020, 2021 and 2022, and was named one of the Top 100 Attorneys in California in 2017, 2018 and 2023 by the Los Angeles Daily Journal. He was honored by the Orange County Trial Lawyers Association as the 2021 Top Gun Trial Lawyer of the Year. In 2019, he was honored with the Lifetime Legal Achievement Award from Consumer Watchdog. In 2023, Ricardo was recently inducted into The Inner Circle of Advocates, known as the 100 best plaintiff lawyers in the U.S. The Inner Circle of Advocates is an exclusive, invitation-only group of the best plaintiff lawyers in the United States.

Mr. Echeverria was named 2019 Trial Lawyer of the Year by Consumer Attorneys of Inland Empire and was also named the 2010 Trial Lawyer of the Year by CAALA after having been nominated for the award from 2006 through 2009. He has also been a finalist for the Consumer Attorneys of California’s Consumer Attorney of the Year in 2007, 2009, 2018 and 2020. He was also a finalist for the San Francisco Trial Lawyers Association 2019 Trial Lawyer of the Year. Mr. Echeverria was presented the 2011 – 2012 Jennifer Brooks Lawyer of the Year Award by the Western San Bernardino County Bar Association. In 2012, he received an Outstanding Trial Lawyer Award from the Consumer Attorneys of San Diego. He has been named a Super Lawyer by Super Lawyers Magazine every year since 2005. He has been named a “Best Lawyer” by the Best Lawyers in America publication every year since 2014.

We are excited to have him with us!

Susan Koehler Sullivan is our latest Featured Speaker!

Our latest featured speaker is Susan Koehler Sullivan from Clyde & Co LLP!

Susan is speaking at our upcoming Bad Faith Insurance Litigation in CA program on April 16 & 18, 2024. Susan will be a part of a wonderful panel for this program, which will cover critical 2024 hot topics – the latest issues, cases, new rules and common problems associated with Bad Faith Insurance cases in a variety of settings that apply to business clients or individual clients.

Susan Koehler Sullivan has over 30 years of experience as a commercial litigator, focusing her practice on corporate insurance matters. She handles insurance coverage investigations and disputes (including through trial or arbitration) under all types of policies, including fidelity, directors and officers, employment, professional, property, excess and general liability policies.

Susan employs a 360-degree approach to every matter, where fully analyzing factual and legal issues are just the beginning. She evaluates and considers each party’s interests and motivations to determine the best strategy forward and enjoys working closely with her clients to achieve their goals.

Susan was listed as one of the “45 Most Influential Women Lawyers” by the LA Business Journal in 2017. She was also named to the Los Angeles and San Francisco Daily Journal’s list of “Top Women Lawyers 2017.”

We are excited to have her with us!

Harry Chamberlain is our latest Featured Speaker!

Our latest featured speaker is Harry Chamberlain from Buchalter!

Harry first spoke for us back in 2012, and has spoken every year since then at our appellate and insurance related programs.

Harry is next speaking at our upcoming Bad Faith Insurance Litigation in CA program on April 16 & 18, 2024. Harry is a joy to work with and attendees love his presentations. He is one of our regular faculty members, most recently speaking at our 9th Annual Advanced Appellate Practice programExam Prep: Appellate Law Certified Legal Specialist Exam (Civil), and our 8th Annual Advanced Appellate Practice (CA).

Thank you for joining us again, Harry! We know it is a lot of work to prepare a good presentation and materials and we appreciate you coming back over and over again!

Harry Chamberlain is a Shareholder of Buchalter, an Am Law 150 firm, with 11 offices across the Western U.S. For over 40 years, he has served as trial and appellate counsel on behalf of Fortune 500 companies, and a variety of public and private sector clients in complex litigation matters. He is certified as an Appellate Specialist by the California State Bar Board of Legal Specialization, handling hundreds of appeals around the country, including numerous cases before the California Supreme Court and the highest courts of other states.

Before joining Buchalter, Harry was general counsel for California based professional liability insurers and managed the law department of a national group of commercial insurance and financial service companies. He is past president of California Defense Counsel and the Association of Southern California Defense Counsel, preeminent associations of civil defense trial and appellate lawyers. He writes and lectures widely on topics regarding complex litigation and insurance law.

We are excited to have him with us!

Michael Bidart is our latest Featured Speaker!

Our latest featured speaker is Michael Bidart from Shernoff Bidart Echeverria LLP!

Michael previously spoke at our 1st Party Property Insurance Bad Faith Cases From Start to Finish (CA) back in 2021 to rave reviews, and he will speak at our upcoming Bad Faith Insurance Litigation in CA programThis webinar will be held on April 16 & 18, 2024.

Thank you for joining us again, Michael! We are excited to have you speak again!

As a preeminent consumer attorney, Michael J. Bidart has made a major impact on our healthcare system. Mr. Bidart is the Managing Partner for Shernoff Bidart Echeverria LLP, and he leads the firm’s HMO Litigation and Property/Casualty Departments.

Since bringing his expertise to the firm in 1986, Mr. Bidart has developed the firm’s health insurance practice by successfully prosecuting bad faith disputes against insurers and HMOs.

His inexhaustible efforts were showcased in 1999 with a landmark $120.5 million verdict against Aetna over its refusal to pay for care recommended by the health plan’s own physicians (Goodrich v. Aetna).

Mr. Bidart’s dedication and expertise are also exemplified by many earlier landmark decisions. In State Farm v. Superior Court (1996) he helped establish conclusively that Business & Professions Code §17200 unfair business practice liability applies to insurance companies in California. For victims of the 1994 Northridge earthquake he won more than $300 million.

He was a key player in the California Public Employees’ Retirement System’s decision to expand its health care benefits for women with breast cancer, and he led the firm’s effort to ensure that prostate cancer patients statewide receive proton beam therapy as a covered benefit under their insurance policies.

Mr. Bidart has been named a Super Lawyer by Law & Politics Magazine every year since 2004, has been a Super Lawyer Top 100 Attorney every year since 2004 and Top 10 from 2018 to 2023. In 2019, he was named a Top Healthcare Attorney in California by the Los Angeles Daily Journal. He has been profiled in the National Law Journal, The American Lawyer and California Lawyer Magazine, which have recognized him as one of California’s most influential lawyers. The Wall Street Journal has also noted that Mr. Bidart’s success in healthcare litigation helped to reignite the debate in Congress over whether patients should have the right to sue their health plans.

A well-known lecturer and keynote speaker on HMO litigation and bad faith insurance practices, Mr. Bidart has been a featured speaker for the Association of Trial Lawyers of America, Consumer Attorneys of California, American Conference Institute, The Rutter Group, Pincus Professional Education, the California Judges Association and many others.

Mr. Bidart has served on the Board of Governors of Consumer Attorneys of California and Consumer Attorneys Association of Los Angeles, on the Board of Regents of Loyola Marymount University.

Mr. Bidart graduated from California State Polytechnic University, Pomona (B.S., 1971) and Pepperdine University School of Law (J.D., 1974) and has been the recipient of the Distinguished Alumnus Award of both universities.

We are excited to have him with us!

Michael Colantuono is our Latest Featured Speaker!

Our latest featured speaker is Michael Colantuono from Colantuono, Highsmith & Whatley!

Michael spoke recently at our  Appellate Law Certified Legal Specialist Exam Four-Part Online Prep Course (CA) in August of 2023 as well as our February 2023 8th Annual Advanced Appellate Practice CA Webinar.

Michael is routinely rated as one of our most popular speaker – he is a fantastic teacher.  Because he is so popular, Michael is invited back time and again.  He’ll be speaking again at our upcoming 9th Annual Advanced Appellate Practice program, which has returned to an in-person with live streaming format in February of 2024. That program will be held in San Francisco on February 1st and in Sierra Madre/Pasadena on February 9th. It will also be live-streamed from both locations, if people cannot attend in person.

Thank you for joining us again, Michael!  We appreciate you coming back.

Michael is a shareholder at Colantuono, Highsmith & Whatley where he specializes in municipal law. The Supreme Court appointed him the first Chair of the Board of Trustees of the State Bar of California; he was previously President of the Bar.

The State Bar has certified Michael as an Appellate Specialist and he is a member of the California Academy of Appellate Lawyers, a prestigious association of fewer than 100 of California’s most distinguished appellate advocates.

In addition to his expertise in municipal law, Michael has mastery over a broad range of legal topics, including: local governments, constitutional law, land use regulation, open meetings, elections, conflicts of interest, public utilities, LAFCO issues, inverse condemnation, cannabis regulation, and various public finance issues involving taxes assessments, fees and charges.

 Michael is one of California’s leading experts on municipal revenues and has appeared in all six Courts of Appeal in California. In addition, he has argued nine public finance cases in the California Supreme Court since 2004 and briefed two others. 

We are excited to have him with us!

Josh Escovedo is our Latest Featured Speaker!

Josh Escovedo of Buchalter will be speaking at our upcoming 2nd Annual IP Year in Review, a webinar that delves into the world of intellectual property! Josh will be a part of a stellar panel of practitioners who will discuss significant developments in 2023 in copyright, patent, and trademark law.

To make sure you don’t skip a beat, you might also be interested in our 1st Annual IP Year in Review, available for download now!

Josh is currently a shareholder in Buchalter’s Sacramento and Los Angeles offices. His intellectual property practice focuses on trademark and copyright law as it pertains to both litigation and transactional matters. Josh regularly handles infringement litigation, trademark and copyright registration, licensing, and acquisitions and sales of intellectual property. His comprehensive approach ensures that his clients’ intellectual-property assets are protected and maximized.

Josh is certified by the NFLPA, CFLPA, and MLBPA (pending) as a contract advisor. As both an agent and an attorney, Josh has developed an intimate understanding of the sports industry, its collective bargaining agreements, and the business of sports. This valuable insight has paved the way for him to establish a specialized sports practice, catering to the diverse needs of athletes, coaches, managers, teams, and fellow agents. Whether it’s reviewing services contracts, negotiating endorsement deals, or representing clients’ interests in arbitration, Josh’s deep understanding of the sports provides a significant advantage to his clients.

Don’t miss Josh share incredible insight at our IP Year in Review next week!

Gary B. Bell is our Latest Featured Speaker!

Gary B. Bell will be speaking at our upcoming two-part webinar, Administrative Law Hearings: A Beginner’s Guide (California). This excellent program simplifies the complex nature of administrative law by way of overview, and most importantly, discussion of tips and strategies by administrative law experts such as Gary!

To further bolster your knowledge, check out Writs of Administrative Mandamus 101: The Nuts and Bolts (California), which is available for download now! This program guides you through the process of filing and opposing a petition for a writ of administrative mandamus, drafting a writ, as well as other forms of judicial review mechanisms of California State and Local Agency Action.

Gary is currently a shareholder at Colantuono, Highsmith Whatley, PC. He serves as City Attorney for the City of Novato, Town Attorney for the Town of Yountville, City Attorney for the City of Auburn, and Assistant City Attorney for the City of Weed, as well as General Counsel for the Local Agency Formation Commission (LAFCO) of Napa County, the Upper Valley Waste Management Agency, the Garden Valley Fire Protection District, the Pine Grove Community Services District, the River Pines Public Utility District, and the First 5 Yuba Commission.

His practice covers all aspects of municipal law and public law, including elections, land use, California Environmental Quality Act (CEQA), public works contracting, contracts, franchise agreements and franchise fees, joint powers agreements and agencies, solid waste and recycling, cannabis regulation and enforcement, municipal finance law, labor and employment law, constitutional law, code enforcement, conflicts of interest, open meetings and records laws, post-redevelopment issues, and matters involving Local Agency Formation Commissions (LAFCOs).

Before joining CH&W, Gary served as City Attorney for the City of Firebaugh and advised municipal clients throughout California on a wide range of issues, including counties, cities, school districts, and special districts.

Thank you for sharing your expertise and experience with us, Gary!

Initiating an Appeal in Civil Cases by 9th Circuit Practitioners

Calling all appellate practitioners!  Need a quick review on initiating a civil appeal in federal court?

Listen to our experts from our 9th Circuit Court of Appeals Boot Camp: The Nuts and Bolts, which attendees praised as a “grand slam”!

“Really excellent speakers and content, a great intro for newer attorneys or refresher for experienced ones.”

This remarkable program assembled wonderful judges and seasoned litigators to present a comprehensive review of the 9th circuit structure, appellate motion practice, mediation program, appellate brief writing, oral argument, and post-decision practice.

To give you a glimpse of the program, this post shines a light on the first step in Initiating the Appeal in Civil Cases, and is excerpted from a discussion prepared by John F. Querio of Horvitz & Levy and Janet Schroer of Hart Wagner.

And the first step in an appeal is …. Should you appeal? 

  1. Factors to consider include:
    • Likelihood of success
    • Cost considerations (including whether to retain appellate counsel)
    • Timing considerations
    • Appeal as settlement leverage
  2. Do you have an appeal as a matter of right?
    • See the Final Judgment Rule, 28 U.S.C. § 1291
    • Review the Merger Doctrine/Reviewability of Interlocutory orders, Dupree v. Younger
  3. Think about other types of appeals as a matter of right (e.g., orders denying motions to compel arbitration under Federal Arbitration Act.
  4. What about Post-Judgment appeals (e.g., appeals from orders awarding attorney fees/costs, especially in employment and civil rights cases
  5. If there is no appeal as a matter of right, what are options for interlocutory review?
    • Petitions for permission to appeal (FRAP 5)i) Interlocutory appeals by permission (28 U.S.C. § 1292(b))
    • Entry of separate judgment as to fewer than all parties/claims (FRCP 54(b))
    • Writs (28 U.S.C. § 1651)

This is just the first step of many in initiating your appeal in the 9th Circuit.  To learn more, order our 9th Circuit Court of Appeals Boot Camp: The Nuts and Bolts. Since you read this post, you can take $25.00 the precorded package by using this coupon at checkout: 9thBlog25.