Barbara Adams is our Latest Featured Speaker!

Posted on by Faith Pincus
23 Oct

Our latest featured speaker is Barbara Adams from Steptoe & Johnson LLP!

Barbara will be speaking at our upcoming 18th Annual Superior Court Boot Camp: The Nuts and Bolts (CA) webinar on October 27, 2023 as part of the Northern California faculty. The program started on October 13, 2023 as a webinar with Southern California judges and attorneys teaching. 

This will be the sixth time Barbara has taught this program. Barbara is a frequent speaker with Pincus and we have continued to invite her back because the attendees always have great things to say about her. Recently, Barbara spoke at our The Art of Jury Selection in California program, where she was praised by attendees for her knowledge and excellence as an attorney. 

We are excited to have her back!

Barbara is of counsel at Steptoe & Johnson LLP, where she specializes in the defense of toxic tort and product liability litigation involving asbestos, lead, food toxins, underground tanks, and other chemicals in personal injury, property damage, and long-term/latent injury litigation actions. Barbara has completed numerous jury trials in most of the Bay Area Superior Courts, otherwise successfully resolved complex cases, and has participated in the development of complex litigation rules for the Superior and Federal courts.

Barbara has a diverse litigation background that includes an emphasis on Proposition 65 litigation and toxic torts claims involving asbestos, lead, and mold. Barbara’s courtroom background is extensive. An experienced lead trial and appellate attorney, she has taken over 20 cases to verdict and has commenced more than 30 trials. She also has experience litigating personal injury, product defect, premises liability, and wrongful termination claims, as well as claims arising under California’s Lemon Law.

With a keen focus on providing superior quality work, Barbara is equally adept at resolving cases without resort to litigation. Barbara has briefed and argued cases before the California Courts of Appeal and the US Court of Appeals for the Ninth Circuit. Northern California Super Lawyers has included Barbara among the area’s top attorneys for many years in recognition of her litigation excellence.

You can read Barbara’s views on toxic tort and chemical exposure issues at her blog, Toxics Defense.

Thank you for joining us again, Barbara!

Angel Horacek is our Latest Featured Speaker!

Posted on by Faith Pincus
11 Oct

Our latest featured speaker is Angel Horacek from the Law Offices of Angel J. Horacek, PC!

Angel will be speaking at our upcoming 18th Annual Superior Court Boot Camp: The Nuts and Bolts (CA) webinar on October 13, 2023 as part of the Southern California faculty. The program is also scheduled for October 27, 2023 as a webinar with Northern California judges and attorneys teaching.

This is the third year in a row that Angel has taught at this program. We have invited her back each time because the attendees had great things to say about her.  She most recently spoke at our 17th Annual Superior Court Boot Camp program, where she was complimented by attendees for her well-stated and concise summary judgment presentation.

We are excited to have her back!

Angel is the owner of the Law Offices of Angel J. Horacek, PC, where she practices employment and civil rights law on behalf of employees. Angel focuses her practice primarily on anti-discrimination and harassment; anti-retaliation and whistleblowing; and fair pay for employees. 

At the Law Offices of Angel J. Horacek, PC, Angel represents employees in litigation, trials, arbitrations, hearings, and administrative processes. She also advises individuals regarding workplace or employment issues that arise prior to or during employment.

Angel is the co-chair of the Los Angeles County Bar Association’s Labor and Employment Saturday Seminar Committee, which presents cutting-edge continuing legal educational programs for lawyers and law students several times throughout the year. Angel also participates on the California Employment Lawyers Association Fair Employment & Housing Council Committee, which drafts comprehensive comments to ensure that FEHA regulations accurately reflect California’s laws. She volunteers with the Los Angeles Black Workers Center in View Park, most recently as legal supervisor to its 2020 Peggy Browning Fellow.

Additionally, Angel has been named as a Southern California Super Lawyer from 2017 to 2021. Angel has been a featured speaker and moderator for the State Bar of California, the Los Angeles County Bar Association, and a variety of other entities. She is a member of the California Bar, the Los Angeles County Bar Association, the California Employment Lawyers Association, Women Lawyers Association of Los Angeles, and Black Women Lawyers Association of Los Angeles. She is a lifetime member of the John M. Langston Bar Association.

Thank you for joining us again, Angel!

Courtney Abrams is our Latest Featured Speaker!

Posted on by Faith Pincus
09 Oct

Our latest featured speaker is Courtney Abrams from Courtney Abrams, PC!

Courtney will be speaking at our upcoming 18th Annual Superior Court Boot Camp: The Nuts and Bolts (CA) program on October 13, 2023 . The program is also scheduled for October 27, 2023 with Northern CA judges and faculty. Courtney has spoken several times at ours seminars, most recently spoke at our 17th Annual Superior Court Boot Camp program, where she received compliments on her breakdown of good and bad motions, her beneficial advice throughout the presentation, as well as her terrific teaching style.

Thank you for joining the program, Courtney!

Courtney is the owner of Courtney Abrams, PC, where she specializes in employment representation. Courtney litigated for nearly ten years before starting her own practice offering representation to individuals who have experienced unlawful employment practices and estate planning clients.

Additionally, Courtney has been quoted in Forbes and Variety, and from 2014-2019, she was recognized as one of the top Women Attorneys by Los Angeles Magazine and named to the Southern California Rising Star list, an honor received by no more than 2.5 percent of lawyers in California. In 2020 and 2021, Super Lawyers, a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement selected Courtney as a Southern California “Super Lawyer” in the category of Labor and Employment law. 

During law school, Courtney worked for the ACLU of Southern California on federal cases involving wrongful deportation, mental health and prison reform, and she clerked in the Office of the Los Angeles County Public Defender. Courtney also served as a judicial extern to the Honorable Terry Hatter, Jr., U.S. District Court for the Central District of California, and clerked for civil rights firm Hadsell, Stormer, Keeny, Richardson and Renick (currently Hadsell, Stormer, Renick, and Dai).

We are looking forward to her promising presentation!

Matthew Slentz is our Latest Featured Speaker!

Posted on by Faith Pincus
26 Sep

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

Matthew will be speaking at our upcoming 18th Annual Superior Court Boot Camp: The Nuts and Bolts (CA) program on October 13, 2023 in Sierra Madre/Pasadena, California. The program will also be held in San Francisco on October 27th (Matthew is speaking at our Sierra Madre/Pasadena program. Most recently, Matthew spoke last at our 17th Annual Superior Court Boot Camp: The Nuts and Bolts (CA) program as well as our Art of Jury Selection in California: The Nuts and Bolts Webinar. Matthew has been consistently described as a knowledgeable and informative speaker.

We are excited to have him back with us!

Matthew is an associate with Colantuono, Highsmith & Whatley’s litigation practice group. Matthew litigates a range of disputes for our public agency clients in both trial and appellate courts, including suits involving inverse condemnation, utility user taxes, Public Records Act disputes, post-redevelopment disputes, rates and fees, government contracts, land use and cannabis regulation.

Before joining CHW, Matthew served as Chief Deputy Public Defender for Stanislaus County. In this role, Matthew managed a team of attorneys defending misdemeanor cases, including violations of local ordinances, coordinated with city and county officials on nuisance abatement strategies, and helped formulate his agency’s response to the COVID-19 pandemic.

As a deputy public defender, Matthew conducted 25 jury trials to verdict in felony and misdemeanor cases. He has filed writs and appeals in local and appellate courts and has extensive motion-practice, including Pitchess motions and Cervantes hearings.

Thank you for joining us again, Matthew!

Rachel Gezerseh is our Latest Featured Speaker!

Posted on by Faith Pincus
20 Sep

Our latest featured speaker is Rachel Gezerseh from Panish, Shea, Boyle, Ravipudi!

Rachel will be speaking at our upcoming 18th Annual Superior Court Boot Camp: The Nuts and Bolts (CA) program on October 13, 2023 in Sierra Madre/Pasadena, California. The program is also scheduled for October 27, 2023 in San Francisco, California (though Rachel is only speaking at the Sierra Madre/Pasadena location). This will be her first time speaking with us and she comes highly recommended by other long-time speakers.

Welcome, Rachel! We are excited to have you join us this year.

Rachel is a trial attorney with Panish, Shea, Boyle, Ravipudi LLP. Rachel specializes in litigating complex catastrophic personal injury, wrongful death and products liability cases.

Throughout her career, Rachel has gained substantial experience in a broad range of litigation phases, including discovery, motion practice, mediation, and trial. She has taken and defended numerous party and corporate witness depositions and has extensive drafting experience with summary judgment and other critical motions at the trial level.

Rachel was previously an attorney at top international law firm, Jones Day, where she litigated large scale product liability and aviation disaster cases.  She regularly obtained outstanding results for her clients, which included consumer product and aircraft manufacturers, healthcare companies, and pharmaceutical and medical device manufacturers.  Rachel has now taken the skills she gained at Jones Day and dedicated her practice to vigorously seeking justice for individuals who have been wrongfully harmed.

Recognized by her peers as a Southern California Super Lawyers “Rising Star,” Rachel  was named to the Super Lawyers list in 2020.  She has also been featured in Bloomberg Law and ABA for Law Students and is the author of the Law Career Playbook, the leading networking guide for law students and new lawyers.  Rachel is currently an adjunct professor at the University of Southern California, Gould School of Law.

Thank you for joining us, Rachel!

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!