Author Archives: Faith Pincus

Jeffery Bast is our Latest Featured Speaker!

Posted on by Faith Pincus
18 Sep

Our latest featured speaker is Jeffrey Bast from Bast Amron!

Jeff will be speaking at our upcoming Business Bankruptcy 101 Chapter 11 Nuts and Bolts Webinar on September 19 & 21, 2023.  Previously, Jeff spoke at our Business Bankruptcy 101: Chapter 11 Nuts and Bolts program in 2020 as well as at prior Circuit Court Boot Camps and Bankruptcy programs.

We are excited to have him back!

Jeff is a partner at Bast Amron, where he focuses his practice in corporate and bankruptcy law.

With 30 years of experience, Jeff is a seasoned expert in the insolvency and litigation arena. Jeff guides business clients through all types of insolvency-related issues including bankruptcy and bankruptcy avoidance, emphasizing corporate reorganization, workouts, and liquidation. Jeff has also been recognized by his peers and numerous publications for professional excellence including: Best Lawyers in America, Chambers and Partners, Martindale Hubbell, South Florida Legal Guide, and Florida Super Lawyers. 

Jeff is a frequent speaker and writer both in the U.S. and abroad on topics related to insolvency. He recently wrote an article about Subchapter V bankruptcy. If you’d like to learn more about Subchapter V. For more information on the topic,  Jaime Leggett, also at Bast Amron, will spend a good 90 minutes on this topic at our upcoming Business Bankruptcy 101 Chapter 11 Nuts and Bolts Webinar on September 19 & 21, 2023 (the same one at which Jeff is speaking again).

It promises to be an excellent seminar, and we are glad to have him join us!

Nicole Mariani Noel is our Latest Featured Speaker!

Posted on by Faith Pincus
13 Sep

Our latest featured speaker is Nicole Mariani Noel from Kass Shuler!

Nicole will be speaking at our upcoming Business Bankruptcy 101 Chapter 11 Nuts and Bolts Webinar on September 19 & 21, 2023. Most recently, Nicole spoke at our Bankruptcy 101: Chapter 7 and 13 Nuts and Bolts program.

We are excited to have her back with us!

Nicole is a Shareholder at Kass Shuler, where she heads the Bankruptcy practice group for the firm and handles cases throughout the State of Florida, including the Northern, Middle and Southern Districts.

Since 2009, Nicole has honed her practice in various legal fields, including: bankruptcy, creditors’ rights and insolvency, real estate, consumer and business litigation. 

Outside of the firm, Nicole is an adjunct professor at Stetson University College of Law, St. Petersburg College and Hillsborough Community College teaching bankruptcy, real property finance, business law and civil litigation. She participated in the 2016 NextGeneration program held by the Bankruptcy Judges during the National Conference of Bankruptcy Judges (NCBJ). Nicolel was honored to become a Fellow for the Florida Bar Leadership Academy. She has also been named one of ALFN’s Junior Professionals and Executives Group (JPEG)’s stand-out young professionals to watch in 2016. Nicole also frequently volunteers her time to speak at local Universities on topics which include ethical concerns facing young attorneys, time management, and first year law practice pointers.

Thank you for joining the program, Nicole!

CA Certificate Legal Specialist Exam Prep Tips for Appellate Law

Posted on by Faith Pincus
11 Sep

We just held our Four-Part Exam Prep course for the Certified Legal Specialist Exam in Appellate Law. We have several other recorded packages for past exam prep programs in different subject areas available for purchase here (immigration, tax, Criminal and Workers Comp) as well.

Below is a list for how to prepare and study for the exam in Appellate Law, discussed at our Four Part Exam Prep course for the Certified Legal Specialist Exam in Appellate Law by Judith Posner of Benedon & Serlin LLP and Athena Roussos, C. Athena Roussos Appellate Law (and former grader of the exams).

You can also find our Free Exam Prep download here, which has about four hours of advice on how to prepare and take the exam, from prior programs in multiple subject areas.

 

With the exception of the discussions directly related to appellate law, the tips are universally applicable to all exam subject areas.  Below are some great tips!

The PURPOSE of the exam is to test your proficiency in the area of Appellate Law

  • Areas that should be well known to practitioners who specialize in Appellate Law
  • Not designed to test obscure areas

Multi-Choice Questions

  • Multi-choice questions test applicants’ knowledge of specific areas in a broad range of subjects
  • Typically involve a clear and definite answer; usually do not involve “pick the best choice”
  • Questions in past have had 4 possible choices
  • Difficulty level of the questions is varied
  • Usually, the facts in the question are pertinent (not thrown in to distract)
  • A “yes” or “no” question will usually have two “yes” and two “no” choices with different reasons given
    e., “Yes, because
    ” or “No, because
    __.”
  • Expect at least some procedural questions based on the Cal. Rules of Court, i.e., some questions have a distinct answer based on the rules of court, such as number of days given for filing a certain document.

Essay Questions

  • Essay questions are short and designed to be answered within 30 minutes – make sure to save enough time for both essays in each hour writing block
  • Essay questions include more “should” type questions (i.e., what should the attorney do in this situation?), and there may be a number of possibilities to consider rather than one correct answer
  • Focus is on issue spotting and analytical skills / application of law to facts
  • Sometimes will involve more than one subject area, such as ethics/professional responsibility and briefing
  • Answer is not always clear or definite – there may be arguable sides or a number of options to discuss
  • Facts are usually pertinent and not designed to trick you; explain the relevance (or non-relevance) of the facts in your answer
  • Helpful to outline essay questions in advance of writing to pick up on facts in question and cover areas raised by question; consider ethics and client counseling issues in addition to procedural aspects of question. Go back to your outline when you are done to make sure you wrote about everything in your outline
  • If applicable in a question, make sure to consider preliminary issues, such as the standard of review and presumptions on an appeal

Subject areas

  • See the Appellate Law 2023 Exam Subject Areas (in Pincus Handbook and available online at the bar’s website here)
  • Exam is almost entirely based on California state appellate court practice but does include USSC (petitions for certiorari)

Checklist of considerations

  1. Who is my client and what are my ethical obligations?
  2. What kind of order/judgment is at issue, and is it appealable?
  3. Is there a need for a stay or immediate relief? If so, how is it obtained?
  4. Is the record complete, and, if not, how do I ensure it becomes complete?
  5. What standard(s) of review apply, and how do they impact the likelihood of success on appeal?
  6. Were the issues properly preserved in the trial court to obtain appellate review?
  7. What are the technical briefing rules and requirements?
  8. Will there be oral argument? If so, are there new authorities to bring to the court’s attention? Is there a need for supplemental briefing?
  9. Upon review of the court’s opinion, are there errors needing correction? Is a petition for rehearing or review warranted? Certiorari?
  • Is publication ordered? Should it have been?
  • Have appellate costs been ordered? What about appellate fees? Where do you seek appellate costs and fees, if ordered, and when? Is the remittitur correct?

How to Prepare / Study Plans

  • Set aside enough time to study
  • Consider forming study groups with anyone else you might know who will be taking the exam
  • Do the sample essay questions and time yourself on them
  • Consider your strengths and weaknesses and what areas you need to focus on
    • What areas of appellate law are you more familiar or less familiar with?
    • How long has it been since you took an exam? If exam skills are rusty, you may want to take more time to prepare
  • Make sure you are familiar with the Cal. Rules of Court applicable to appeals
  • Brush up on the ethics rules that apply to appeals
  • Treatises on California appellate law such as Rutter Guide: Civil Appeals and Writs, CEB or Matthew Bender Treatises are great study aids

Practical Considerations

  • Get plenty of rest before the exam: it is a long day!
  • Have a comfortable workspace that is quiet and will be uninterrupted.
  • Remember to breathe!
  • If you fall behind in timing, do not despair; do your best to keep going.
  • Think of yourself as an appellate practitioner as you’re taking the exam, i.e., how would you advise a client who came to you with these questions.

What to Expect

Logistics

Exam will take place on October 24, 2023 from 8:00 a.m. to 5:00 p.m.

See the Bar’s Scheduling Bulletin here.

  • You should have already registered for the exam. The timely filing deadline was Aug. 15, 2023. The final late filing deadline is Sept. 15, 2023.
  • Results will be released March 15, 2024.

Exam is REMOTE for most; however, in-person is available for some.

 

You must use a LAPTOP COMPUTER.

 

Exam is CLOSED BOOK.

  • Exam will be remotely proctored, using human proctors and artificial intelligence.
  • Any suspicious activity will be flagged.


Timing and Format

  • 8:00 a.m. to Noon: Eight 30-minute essays
  • Essay questions are given in 1-hour sessions with 2 essays per session
  • 2:00 p.m. to 5:00 p.m.: 75 multi-choice questions
  • 2 sessions of roughly 75 minutes per session

 

Subchapter V is Good for Business

Posted on by Faith Pincus
08 Sep

The post below was written by Jeffrey Bast from Bast Amron. Jeffrey is a partner at Bast Amron and will be speaking at our upcoming Business Bankruptcy 101 Chapter 11 Nuts and Bolts Webinar on September 19 & 21, 2023. Most recently, Jeff spoke at our Business Bankruptcy 101: Chapter 11 Nuts and Bolts program in 2020 where he attendees loved him – mentioning that he gave a comprehensive, clear, and practical presentation.

Jeff has been practicing in the insolvency and litigation arena for more than 25 years. He guides business clients through all types of insolvency-related issues including bankruptcy and bankruptcy avoidance, emphasizing corporate reorganization, workouts, and liquidation. He is a frequent speaker and writer both in the U.S. and abroad on topics related to insolvency. Jeff has been recognized by his peers and numerous publications for professional excellence including: Best Lawyers in America, Chambers and Partners, Martindale Hubbell, South Florida Legal Guide, and Florida Super Lawyers.

Thank you for the insight, Jeff!

Subchapter V is Good for Business

July 11, 2023
By: Jeffrey Bast

If you are not a bankruptcy lawyer, read this and if you are a bankruptcy lawyer, you should too. If you represent small businesses, whether in deals or disputes, you should know about a useful tool that is being overlooked by many. It allows small businesses to restructure their debts and emerge with a clean bill of health and ownership intact. I am talking about Subchapter V bankruptcy. It was introduced as part of the Small Business Reorganization Act of 2019, and it came into effect at the end of February 2020. You probably did not even notice. In fairness, we did have a little pandemic just a few weeks later.

Subchapter V bankruptcy basically allows small business owners (with debts of no more than $7.5 million thanks to the CARES Act) to retain control of their business and reorganize their debts through a streamlined process without the burdens of a creditor’s committee or the expenses of monthly US Trustee fees. It is faster and cheaper than a typical chapter 11. This is particularly helpful for small business owners who may not have the resources or time to engage in lengthy creditor negotiations and court proceedings.

The streamlined Sub V process can be completed in a more efficient manner, saving both time and money for the owner. Small business owners can also take advantage of a number of other benefits including, the ability to reduce their debt obligations, sell encumbered assets, and assume or reject burdensome leases and other contracts. These tools can be a lifesaver for business owners facing overwhelming debt obligations, cash flow concerns, or the risk of losing litigation.

The most obvious benefit of Sub V is that it provides small business owners with a vehicle to save their businesses. Many small business owners facing financial distress may feel as though they have no other option but shut down. Perhaps worse, others will put themselves in personal debt, borrowing money, and even mortgaging homes to keep their business afloat. But now you can offer them a lifeline. Subchapter V bankruptcy can allow them to restructure and emerge from bankruptcy with clean balance sheets and more viable entities.

Of course, it’s important to note that Subchapter V bankruptcy is not right for every small business owner. Before deciding to file for bankruptcy, business owners should carefully consider their options and consult with a qualified business bankruptcy attorney. If your client is struggling financially or perhaps they risk losing that major litigation, Subchapter V may assist you in helping them get back on track.

If you’d like to learn more about Subchapter V, Jaime Leggett, also at Bast Amron, will spend a good 90 minutes on this topic at our upcoming Business Bankruptcy 101 Chapter 11 Nuts and Bolts Webinar on September 19 & 21, 2023 (the same one at which Jeff is speaking again).

It promises to be an excellent seminar!

 

 

Reno Fernandez is our Latest Featured Speaker!

Posted on by Faith Pincus
07 Sep

Our latest featured speaker is Reno Fernandez from Complex Appellate Litigation Group (CALG)!

Reno will be speaking at our upcoming Business Bankruptcy 101 Chapter 11 Nuts and Bolts Webinar on September 19 & 21, 2023. This will be his first time speaking with us and we have had many attorneys from CALG speak over the years and everyone has been terrific.

Welcome, Reno!

Reno is a counsel at Complex Appellate Litigation Group where he focuses his practice on protecting the interests of creditors, debtors, trustees, and other parties in bankruptcy-related appellate matters. He is also a certified specialist in bankruptcy law by the California Board of Legal Specialization. 

Throughout his career, Reno has appeared in the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit, the Bankruptcy Appellate Panel for the Ninth Circuit, the U.S. District Court for the Northern District of California, and other courts sitting in an appellate capacity under the Bankruptcy Code. He also consults on general bankruptcy litigation in the U.S. Bankruptcy Courts.

Reno’s experience includes representing technology companies, equipment manufacturers, equipment lessors, banks, hedge funds, medical clinics, residential care facilities, shopping centers, apartment and office buildings, hotels, food and beverage, retail chains, farms, wineries, churches, and nonprofits. Reno has also overseen creditor recovery, receiverships, and assignments for the benefit of creditors.

Additionally, Reno was chair of the Insolvency Law Committee of the State Bar of California, a member of the organizing committee of the National Conference of Bankruptcy Judges’ Next Generation Program, a member of the board of directors of the Bay Area Bankruptcy Forum, and chair of the Commercial Law & Bankruptcy Section of the Bar Association of San Francisco.

We are excited to have him join us!

Andrew Friedman is our Latest Featured Speaker!

Posted on by Faith Pincus
05 Sep

Our latest featured speaker is Andrew Friedman from Helmer Friedman!

Andrew will be speaking at our upcoming18th Annual Superior Court Boot Camp: The Nuts and Bolts (CA) program on October 13, 2023 in Sierra Madre, California. Most recently, Andrew spoke at our Employment Law Year in Review – 2022: New Cases and Laws (CA & Federal), which showcased a comprehensive review of the most significant developments in California and Federal employment law for 2022.  Andrew is so popular that he has also spoken at our Annual Superior Court Boot Camps for the past several years.

He is also scheduled to speak at our January 2024 Employment Law Year in Review for 2023.

We are excited to have him back with us!

Andrew is a partner with the law firm of Helmer Friedman LLP. He primarily represents employees in all aspects of employment law, including not only individual discrimination, harassment, and retaliation cases but also complex multi-party wage and hour class actions. He also represents clients in catastrophic personal injury, wrongful death, civil rights, and product liability cases.

Through his extensive experience in employment-related litigation in state and federal courts, Andrew recently won (with Tony Lewis of The Lewis Law Firm) a $4.1 Million jury verdict in a fraud and breach of employment contract lawsuit in the Los Angeles Superior Court and he also prevailed (along with his law partner, Gregory D. Helmer) in a three week sexual harassment jury trial in the Orange County Superior Court. He also settled a $2.4 Million wage and hour class action lawsuit in federal court (U.S. District Court for the Central District of California), a $1.575 Million class action discrimination lawsuit in the Orange County Superior Court and he recovered a $1.5 Million settlement in federal court (U.S. District Court for the Central District of California) in a wage and hour class action.

Andrew has received the highest possible Martindale-Hubble rating (“AV”), indicating that he is ranked at the highest level of professional excellence with “very high to preeminent legal ability” and “very high” ethical standards as established by confidential opinions from members of the Bar. Law & Politics Magazine and the publishers of Los Angeles Magazine selected Andrew as a 2006 – 2021 Southern California “Super Lawyer” in the category of Labor and Employment Law. 

Additionally, in 2020 & 2021, Super Lawyers named Andrew H. Friedman to its list of the Top 100 Super Lawyers in Southern California and Lawdragon named Andrew to its list of the nation’s top 500 plaintiff employment and civil rights attorneys.

Thank you for joining us again, Andrew!

Judy Posner is our Latest Featured Speaker

Posted on by Faith Pincus
30 Aug

Our latest featured speaker is Judy Posner from Benedon & Serlin!

Judy recently spoke at our Appellate Law Certified Legal Specialist Exam Four-Part Online Prep Course (CA) (Parts 1-3 held August 22, 23, 24 with Part 4 coming up on September 7, 2023). Judy received terrific reviews and we can’t wait to have her speak again.

Judy is a partner at Benedon & Serlin where she focuses her practice on appellate law. She is also a certified appellate specialist by the State Bar of California. Among her many accolades, Judy has been recognized by the U.S. News & World Report as “Best Lawyers in America, Appellate Law” as well as being selected as one of Southern California’s “Super Lawyers” in appellate law by Law & Politics. 

Before starting at Benedon & Serlin, Judy clerked with Hon. Melvin Brunetti (Dec.) in the U.S. Court of Appeals for the Ninth Circuit. She previously worked as a Senior Judicial Attorney at the California Court of Appeal, Second Appellate District, for Presiding Justice Frances Rothschild in Division One and for Presiding Justice Dennis M. Perluss in Division Seven. In addition, Judy was of counsel at Crosby, Heafey, Roach & May and Reed Smith and an associate at Horvitz & Levy LLP and Sidley & Austin.

Thank you for joining us, Judy!

John Querio is our Latest Featured Speaker!

Posted on by Faith Pincus
18 Aug

Our latest featured speaker is John Querio from Horvitz & Levy!

John will be speaking at our upcoming 9th Circuit Court of Appeals Boot Camp: The Nuts and Bolts Webinar on September 26 & 28. He most recently spoke at our previous 9th Circuit Court of Appeals Boot Camp in November of 2021 where attendees praised his teaching efficiency and knowledge on the topic.

We’re excited to have him back with us!

Additionally, John is co-author of the leading treatise on civil appeals before the Ninth Circuit, the Rutter Group’s Ninth Circuit Civil Appellate Practice. Because John is speaking at our 9th Circuit program, along with co-author Peder Batalden, the Rutter Group will give attendees at that program 40% off the Guide.  Attendees will learn how to take advantage of this discount during the seminar.

John is a partner at Horvitz & Levy, where he has worked on dozens of civil appeals in state and federal court. He has special expertise in federal, civil, and appellate procedure. John has argued numerous appeals in the U.S. Court of Appeals for the Ninth Circuit.

John’s proficiency in a wide range of practice areas, including commercial contract disputes; arbitration and class actions; defense of claims based on professional conduct (including the anti-SLAPP statute and First Amendment issues, legal malpractice, and malicious prosecution); defense of insurance coverage and bad faith litigation; products and premises liability defense; civil rights litigation defense; and punitive damages. 

Due to John’s extensive experience in appellate procedure, he has counseled many significant companies on appellate matters, including Ford Motor Company, State Farm, American General Life Insurance Company, Hospital Corporation of America, QBE Insurance Corporation, Travelers, Kiewit, Dow Chemical Company, Philip Morris, and San Diego Gas & Electric Company. 

John has also represented cities, counties, and peace officers in federal civil rights actions; major hospitals and providers in healthcare matters; and large insurers in coverage disputes. He has worked with major trade associations to position cutting edge issues for appellate review, including the Chamber of Commerce of the United States of America, DRI-The Voice of the Defense Bar, the Washington Legal Foundation, the California Hospital Association, and the California New Car Dealers Association.

Thank you for joining us again, John!



Janet Schorer is our Latest Featured Speaker

Posted on by Faith Pincus
16 Aug

Our latest featured speaker is Janet Schroer from Hart Wagner!

Janet will be speaking at our upcoming 9th Circuit Court of Appeals Boot Camp: The Nuts and Bolts Webinar on September 26 & 28. She previously spoke at our 9th Circuit Court of Appeals Boot Camp, where attendees gave her rave reviews for her teaching skills and terrific materials. 

We’re excited to have her back with us!

Janet is a partner at Hart Wagner, where she frequently serves the firm’s clients in the Oregon Court of Appeals and Oregon Supreme Court, and Ninth Circuit Court of Appeals.  She also represents her clients’ business, professional and personal interests before various trial courts and professional licensing agencies.

Over the course of her career, Janet has handled well over 50 cases to final decision in the Ninth Circuit Court of Appeals.  She has argued over 30 cases and taken them to final opinion in the Oregon Supreme Court, and argued over 130 cases resulting in opinions in the Oregon Court of Appeals.  She has also handled appeals in the Tenth Circuit Court of Appeals, Idaho Supreme Court, Nevada Supreme Court, and Washington Court of Appeals and Supreme Court.

Janet defends doctors, lawyers and other professionals in Oregon state and federal trial courts. She also handles all aspects of professional malpractice, commercial litigation, products liability and general litigation.

Janet also represents Oregon professionals in matters involving their licensing Boards. She works frequently with the various Oregon professional licensing Boards.

Thank you for joining us again, Janet!



Sean SeLegue is our Latest Featured Speaker!

Posted on by Faith Pincus
14 Aug

Our latest featured speaker is Sean SeLegue from Arnold & Porter!

Sean will be speaking at our upcoming Appellate Law Certified Legal Specialist Exam Four-Part Online Prep Course (CA) on August 22, 23, 24 and September 7, 2023. This will be his first time speaking with us. He is also set to speak at our 9th Annual Advanced Appellate program in February of 2024 (in the works).  Welcome, Sean!

Sean is a partner at Arnold & Porter. He has honed his skills in appellate practice with a career of over 30 years and has extensive experience in defending malpractice and malicious prosecution actions and attorney discipline defense.

A former Chair of the State Bar of California Board of Trustees and the Committee on Professional Responsibility and Conduct, Sean has advised and represented dozens of lawyers and law firms. He has overseen internal investigations for law firms and has advised firms and appeared on their behalf, in investigations and inquiries by the State Bar and federal judges. Sean also has served as an expert witness.

Additionally, Sean is a certified appellate specialist, State Bar of California, a member and officer of the selective California Academy of Appellate Lawyers and a member of the invitation-only American Academy of Appellate Lawyers.

Sean began his career in appellate law in 1991 with a clerkship for the fantastic Judge Cynthia Holcomb Hall of the U.S. Court of Appeals for the Ninth Circuit. Since then, he has handled appeals in many areas, including energy law, products liability, real estate, partnership disputes, securities law, contract law and high-asset community property disputes in marital dissolution (divorce) cases.

Thank you for joining us, Sean!