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1st Annual Advanced Appellate Conference (Civil) (CA)(2016)
Audio program! (check our CLE Programs page for live versions)
Pincus Professional Education gathered an all-star panel together for its Advanced Appellate Conference coming to Los Angeles and San Francisco in early 2016. This program was taught by Certified Legal Specialists in Appellate Law, appellate justices, supervising staff attorneys at multiple appellate courts and other top practitioners who have spoken at our programs on many occasions and received excellent reviews every time!
The seminar delves into the advanced topics that are rarely touched on in full-day CLE courses.
This is an intermediate to advanced level appellate course that assumes a good understanding of appellate practice. Bring your questions! There will be plenty of time with the panel to address higher level appellate issues. Recorded in 2016.
Other programs to consider:
If you or someone in your office would like a more introductory course in appeals and writs, you should check out our fantastic beginner-level program, held every few years in LA and SF: Demystifying civil appeals and writs – audio package.
You might also like to learn about Administrative Writs of Appeal, which are not covered in the programs above.
Lastly, if you were looking for something in the criminal appeals area we also have an audio recording package for our Criminal Writs program, held in 2014. That recording and order information is here.
Do you want to improve your public speaking skills? Get Faith Pincus’ newly published book Being Heard: Presentation Skills for Attorneys, from the ABA now (ABA members receive 10% off). It is also available on Amazon.
What You Will Learn
What’s new in appellate law and technology
- New rules
- Tech issues in protecting and presenting the appellate record
- Tech tools
- E-filing overview
- How the court uses technology
- Linking to cites / cross linking to the record
- Using tablets in the appellate courtroom
Brief writing and oral argument strategies
- Writing for justices who read their briefs on tablets
- Addressing focus letters and tentative opinions
- Strategies for oral argument when dealing with tentative opinions
Advanced issues in protecting and presenting the record
- Special problems and solutions in presenting the record
- Court reporter issues
- Designating and presenting the record in cross, multiple and subsequent appeals
- Handling omissions, correcting and augmenting the record
- Using agreed and settled statements
- Special procedures for:
- administrative records
- unfair competition
- false advertising
Q/A Roundtable with audience and moderator
- Family law
- Attorney fees
- Appeals to the appellate division of the superior court
- Interlocutory appeals and extraordinary writs
Rehearing and Requests to Publish
- Petitions for Rehearing
- Requests to Publish
- Requests to de-publish
California Supreme Court practice
- Certification of cases from the federal courts to the CA Supreme Court
- Petitions for review
- Amicus letters and briefs
- Merit briefs
- Oral argument differences between the appeals court and supreme court
- Options after the CA Supreme Court opinion
“Thank you. The program, panelists, and participants were excellent.” Teresa Stinson, Esq.
“Very useful, informative program. Every speaker was excellent! ” Kevin Meek, Esq.
“Excellent seminar. It’s one of the best I have attended.” Bob Lucas, Esq.
“It’s great to have presentations targeting experienced appellate lawyers. Tremendously useful.” Tom Freeman
“Very practical and would definitely attend again and recommend to others.”
“Very current and useful information.”
“Wonderful!” Chris Lim, Esq.
“I’m glad I came and definitely glad I joined the networking lunch.” Rochelle Wilcox, Esq.
“Organization and administration were excellent and very efficient.”
“Learned some good and valuable things.” Lawrence P. Hellman
“Organization and administration of program was excellent – very efficient.”
“Greg Wolff was worth the price of admission on his own.”
“All of the speakers were great.”
“Good, vigorous discussion.”
“Great program and location. The lunch itself was great, as was the opportunity to network.”
Los Angeles Faculty:
Justice John Segal
California Court of Appeal, Second Appellate District, Division Seven
Justice Segal has served as an Associate Justice of the California Court of Appeal since 2015.
In 2000 Justice Segal was appointed to the Los Angeles County Superior Court, where he served as a trial judge until 2015 and presided over civil and criminal cases. His assignments on the Superior Court included 12 years in unlimited civil individual calendar courts in the Stanley Mosk, Santa Monica, and West Los Angeles courthouses. He also served as a justice pro tem in the Court of Appeal from January 2010 to June 2010, August 2012 to March 2013, and May 2013 to December 2014.
In May 2015 Justice Segal was nominated to the Court of Appeal, Second Appellate District, Division Seven. The Commission on Judicial Appointments confirmed his nomination in July 2015.
Justice Segal is actively involved in state and local bar associations. He has served on the Executive Committee of the Section of Litigation of the Los Angeles County Bar Association, the Board of Governors of the Beverly Hills Bar Association, the Board of Governors of the Los Angeles Chapter of the Association of Business Trial Lawyers, and as an advisor to the Executive Committee of the Litigation Section of the State Bar of California. He is participates in the Los Angeles County Bar Association Litigation Trial Practice Inn of Court and the Beverly Hills Bar Association Southern California Business Litigation Inn of Court.
Justice Segal was born and raised in Los Angeles. He received his Bachelor of Arts degree in Mathematics and Philosophy from Williams College in 1982, and his law degree from the University of Southern California School of Law in 1987. After law school he served as a law clerk for Judge Robert S. Vance of the United States Court of Appeals for the Eleventh Circuit from 1987 to 1988. He was an associate from 1988 to 1995, and then a partner from 1995 to 2000, with the law firm of Mitchell, Silberberg and Knupp, where he helped run the Appellate Practice Group.
Justice Segal is married to Chief United States Magistrate Judge Suzanne H. Segal of the United States District Court for the Central District of California. They have two adult children. Justice Segal teaches Remedies at the University of Southern California School of Law, sings tenor in a congregational choir, and plays third base for his softball team.
Scott Wm. Davenport, Esq.
Manning & Kass, Ellrod, Ramirez, Trester LLP
Mr. Davenport is a California State Bar Certified Appellate Specialist.
Scott Wm. Davenport is the head of the firm’s Appellate Practice Group. A Certified Specialist in Appellate Law, Mr. Davenport has served as the Chair of the California State Bar Committee of Bar Examiners and the Appellate Law Advisory Commission. He is an AV-Rated attorney and was selected by Los Angeles Magazine as a "Super Lawyer," one of Southern California’s Top Lawyers for 6 of the last 8 years. Throughout this career, Mr. Davenport has served as the lead counsel in approximately 400 appellate matters, many of which resulted in published opinions involving cases of first impression, including a per curiam summary reversal in the United States Supreme Court. He has also written multiple amicus briefs on behalf of the Southern Poverty Law Center, a national organization known for its civil rights victories and tolerance education programs.
In addition to currently serving as an Appellate Settlement Officer with the Second District Court of Appeals, Mr. Davenport has served as a judge pro tem in the San Bernardino Superior Court. particular. Mr. Davenport recently co-authored a book for the Continuing Education of the Bar on the proper use of scientific evidence, is a regular contributor to the Los Angeles Daily Journal and has recently been featured in the State Bar’s Ad Campaign, “What Kind of Lawyer Becomes a Certified Specialist?” He also served as a legal consultant on the CBS television series “The Guardian,” an activity which resulted in the drafting of a recurring character for the program named “Scott Davenport.”
In 2006, Mr. Davenport was involved in three United States Supreme Court matters and one matter before the California Supreme Court. In 2007, Mr. Davenport was back in front of the High Court, this time obtaining a summary reversal in Rettele v. County of Los Angeles. From 2008 to 2010, Mr. Davenport filed multiple briefs in the California Supreme Court in the Marriage Cases, as well as an Amicus Curiae brief in the Ninth Circuit Court of Appeals in the subsequent constitutional challenge to Proposition 8.
Prior to joining the firm, Mr. Davenport served as a Deputy Attorney General with the California Department of Justice and as a judicial extern with both the California Court of Appeal and the United States District Court. Based on this background, Mr. Davenport is often called upon to defend the State of California and the California Department of Corrections and Rehabilitation in extraordinary writ petitions venued in the variety of trial and appellate courts throughout the state. Mr. Davenport is also a licensed real estate broker who provides practical advice to the firm’s real estate clients.
In 2011, Mr. Davenport authored a book on Workers’ Compensation Appeals. He is also slated to present on the topic of workers’ compensation appeals at an attorney convention in December with Joseph Miller, the Chairman of the Workers’ Compensation Appeals Board (the equivalent of the Chief Justice of the WCAB).
Fluent in Spanish, Mr. Davenport has coached youth baseball and soccer, and is a 32nd Degree Mason and a Shriner. A long-time hockey fan, Mr. Davenport finally strapped on the blades himself seven years ago and has been playing ice hockey at least once a week ever since. On two occasions, he was fortunate enough to play in exhibition games immediately following an Anaheim Duck regular season game. He also recently competed in his first half marathon. Mr. Davenport and his wife of 21 years reside in Irvine with their three children.
Pablo Drobny, Esq.
Lead Appellate Court Attorney
California Court of Appeal, Second Appellate District
Pablo Drobny has been a Judicial Attorney for the California Court of Appeal, Second Judicial District, since 1983. Mr. Drobny is a writ specialist and has authored various legal articles on civil and criminal law practice, is a frequent lecturer and panelist on appellate law and procedure, and is past Chair of the California Judicial Attorneys Education Committee. Mr. Drobny received a B.A. degree with highest honors from Johns Hopkins University, and a J.D. degree cum laude from Harvard Law School. After graduation from law school he engaged in academic work (with an international foundation inAmsterdam, Holland and at Boalt Law School). He then entered into private practice with a law firm and as corporate counsel before coming to the Court of Appeal.
Jennifer Louise King, Esq.
SK Appellate Group, LLP
Jennifer King is certified as a specialist in appellate law by the State Bar of California Board of Legal Specialization. She is an experienced appellate lawyer who has focused exclusively on appellate work for the past 20 years. Her experience has given her unique insight into all aspects of the appellate process.
She spent more than 10 years as a judicial attorney at the Second District Court of Appeal, where she worked on a wide range of civil matters, including those involving land use, labor and employment law, insurance coverage, medical malpractice and toxic torts. In private practice, she handled post-trial motions and appeals for clients including corporations, developers, insurance companies and public entities. She has appeared before the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Bankruptcy Appellate Panel. She clerked for the Honorable Alicemarie H. Stotler, formerly the Chief Judge of the United States District Court for the Central District of California.
Jennifer taught appellate advocacy at Loyola Law School, and legal research, writing and advocacy at the University of Southern California Gould School of Law. For several years, she also taught a course on how to pass the appellate specialization exam.
Beyond her practice, Jennifer is actively involved with the California State Bar. She is a member of the State Bar’s Committee on Access to Justice, and formerly served on the State Bar’s Committee on Appellate Courts. She chaired the State Bar’s Appellate Law Advisory Commission, which administers the appellate specialization program.
She served as the President of the Board of Directors of the California Supreme Court Historical Society, an organization dedicated to preserving and promoting California’s legal and judicial history.
In her community, Jennifer serves as the city’s Mayor, and she previously served on her city’s Planning Commission. She has been a member of the Board of Trustees of the Peninsula Education Foundation and the President of the Board of Directors of the YWCA of the Harbor Area and South Bay.
Jennifer graduated from Stanford University with a degree in political science, with distinction. She received her law degree from Stanford Law School.
Hon. Kira L. Klatchko
Superior Court of CA, Riverside County
Judge Kira Kltatchko was appointed to the bench in 2017, serving at the Riverside County Superior Court.
Previously, Judge Klatchko was a partner at Lewis Brisbois and handled both state and federal appeals arising from all areas of civil practice for clients as varied as cities, businesses and families. She was vice chair of the firm’s national Appellate Practice Litigation group.
Judge Klatchko is also an Appellate Law Specialist, certified by the State Bar of California Board of Legal Specialization.
Judge Klatchko served for six years on the State Bar of California’s Standing Committee on Appellate Courts, including a term as its chair. She is co-author of the “California” chapter of the “Appellate Practice Compendium” (ABA 2012), an insider’s guide to appellate practice. She is co-contributing editor of “California Civil Appeals and Writs” (Matthew Bender 2014), a comprehensive two-volume practice guide for appellate counsel and general litigators.
Judge Klatchko was named to the 2015 list of Super Lawyers for Southern California in Appellate Law. She is a former president of the Riverside County Bar Association, and previously served five terms as chair of the RCBA Appellate Section. Judge Klatchko is also a member of the California Academy of Appellate Lawyers.
Judge Klatchko has served as an adjunct professor at La Verne College of Law, teaching legal research and writing. She has also lectured on appellate ethics and practice at numerous conferences and seminars, including the California State Bar Annual Convention and the State and Local Legal Center Supreme Court Practice Seminar and Pincus Professional Education’s Annual Advanced Appellate Conferences in Los Angeles.
In 2014, Judge Klatchko was inducted into the Desert Bar Association Hall of Fame, as Outstanding Young Attorney of the year. In 2010, Judge Klatchko was recognized by the City of Palm Springs and Palm Springs Chamber of Commerce with the Athena International Award for Young Professional Leadership, recognizing her professional success and work in the community. Judge Klatchko has sat on the board of directors for Angel View, a nonprofit dedicated to serving disabled children and adults in the Inland Empire region of Southern California. She also sits on the board of directors for OperaArts, a nonprofit presenting music and arts to the community, with emphasis on programs for children and senior citizens.
Judge Klatchko received her bachelor’s degree in political science, with distinction, from the University of California, Berkeley. She earned her master’s degree in business administration from the Executive Management Program at the Peter F. Drucker and Masatoshi Ito School of Management at Claremont Graduate University. She earned her law degree at the University of California, Davis, School of Law, where she served as editor-in-chief of the U.C. Davis Journal of Juvenile Law & Policy.
California Court of Appeal
Joseph A. Lane received his B.A. from California State University at Northridge in 1975. He served as a deputy clerk with the Court of Appeal from 1979 to 1987; and as Chief Deputy Clerk from 1988 to 1991. He was appointed Clerk of the Court in January 1992 and Clerk/Administrator in January 1997, and Clerk/Executive Officer of the Court in November 2007. He is the seventh person to serve as Clerk of the Court since the Court’s creation in 1904.
Joseph is a member and past-president of the California Appellate Court Clerks Association and has been a member of the National Conference of Appellate Court Clerks (NCACC) since 1988. He was NCACC President 1998 – 1999, and served on the Executive Committee 1993 – 1995, co-hosted the 2000 Annual Conference of the NCACC in Newport Beach; and Chaired the Program Committee for the Annual Conference in 1994 and 1999, in addition to serving or chairing other committees.
Mr. Lane served as an advisory member to the California Judicial Council from 1997-1999; Memberships: Appellate Advisory Committee and Chair of Education Subcommittee 1992 -1996; Court Technology Committee, 1993-1996 and 2002 – 2005; Judicial Administration Institute of California, 1994-1998; National Associate of State Judicial Educators, 1993 & 1998; California Judicial Administration Conference Planning Committee (CJAC) 1999 and 1994; Point Panic Bodysurfing Club, Honolulu HI, 1998.
Wendy C. Lascher, Esq.
Partner/State Bar Certified Specialist in Appellate Law
Ferguson Case Orr Paterson LLP
Though Wendy Lascher is one of California’s best-known appellate lawyers, her work on behalf of clients often begins well before an appeal. By crafting motions and consulting on trial strategy, Wendy helps clients either avoid appeals in the first place, or to be well-positioned to win cases on appeal.
After nearly four-decades at her appellate-focused boutique, Lascher & Lascher, Wendy brought her practice to Ferguson Case Orr Paterson in 2011. She brought with her a California State Bar-certified appellate specialty in which she has represented clients in front of the United States Supreme Court, many times before the California Supreme Court, multiple U.S. Circuit Courts of Appeal, and in every California Court of Appeal district. She has also handled cases in state and federal trial courts.
Wendy has handled a wide range of appeals involving multinational corporations, municipalities and other government entities, complex family law, Death Row and other criminal cases, employment, real estate development, bankruptcies and other matters.
Previously a president of the American Academy of Appellate Lawyers and of the California Academy of Appellate Lawyers, she regularly features in Los Angeles Magazine’s "Super Lawyers" roundups of top lawyers as well as its listings of the "Top 100 Southern California Super Lawyers" and "Top 50 Women Super Lawyers," and she is Av-Preeminent rated by Martindale-Hubbard. She also regularly lectures at the Ventura and Santa Barbara Colleges of Law and regularly speaks about appellate law and other matters for a variety of legal organizations. Widely published in legal journals, she is also the long-time editor of CITATIONS, the newsletter of the Ventura County Bar Association.
Wendy has been a mentor with the Big Brothers, Big Sisters of Ventura County since 2008. She has also served as a board member at First National Bank of Ventura, Channel Counties Legal Services, the KCLU advisory board, and the Planned Parenthood Ventura Advisory Council. When not working or volunteering, Wendy enjoys gardening, early morning workouts, hiking, and spending time with her family. She is also a student pilot and expects to acquire her private pilot’s license in 2017.
John P. Lepo
Second District Court of Appeal
John Lepo is currently the Chief Deputy Clerk for the California Second District Court of Appeal. He is a 1972 graduate of John Carroll University. After 13 years with the Cuyahoga County Juvenile Court in Cleveland, Ohio, he joined the Court of Appeal in 1985. He has served as the senior deputy clerk for Divisions One, Five, Seven and Eight. In the five years immediately preceding his appointment as Chief Deputy in June of 2015, he was responsible for developing, implementing, and maintaining the court’s system for the internal movement of electronic documents.
Robin Meadow, Esq.
Partner/Certified Appellate Specialist
Greines, Martin, Stein & Richland LLP
Few appellate specialists have successfully tried a jury case. Robin Meadow tried jury cases for over 20 years at a major commercial firm, while also handling appeals, in many fields of law. Over time, he realized that it’s nearly impossible to excel at both trials and appeals, because the skill sets and practice rhythms differ completely and often clash. Concluding that his greatest strengths lay in appellate work, Robin joined GMSR in 1994, handling his last trial late that year.
Robin’s trial-court experience gives him a unique perspective on appellate work. He understands the demands and pressures trial lawyers face and the many ways that things can go wrong in the trial court. And he is very much at home consulting with trial lawyers during trial, helping them protect their appellate record so they’re well positioned to either preserve a victory or overturn a defeat.
Robin’s practice at GMSR continues the substantive focus he developed in his earlier years—business disputes, real estate, partnerships, and probate and entertainment law. But, like most appellate lawyers, he is a generalist and at GMSR has also handled multiple significant appeals involving healthcare, family law, personal injury and bankruptcy.
He is also an expert in technology for appellate lawyers and courts. A pioneer in the use of electronic records and briefs, Robin co-authored the California Second District Court of Appeal’s first protocol for electronic briefs (since adopted by other California Courts of Appeal), and he filed the first electronic brief ever accepted by a California appellate court.
When he isn’t practicing law, he enjoys spending time with his family, reading about history and playing bass guitar in a rock band.
T. Peter Pierce, Esq.
Certified Appellate Specialist
Richards, Watson & Gershon
T. Peter Pierce is a shareholder specializing in writs and appeals. Mr. Pierce, a member of the California Academy of Appellate Lawyers, is certified as a specialist in appellate law by the State Bar of California Board of Legal Specialization. He has been recognized as a Southern California Super Lawyer in appellate law in seven of the eight years from 2009 to 2016.
Mr. Pierce represents public agencies and private clients across a broad range of cases involving business disputes, land use and zoning, inverse condemnation, constitutional law, telecommunications law, fair housing law, redevelopment dissolution, elections law, CEQA and other areas. He has litigated cases at the merits stage before the Supreme Court of the United States and the California Supreme Court. Mr. Pierce frequently appears before the U.S. Court of Appeals for the Ninth Circuit and the many divisions of the California Court of Appeal.
Mr. Pierce served on the California State Bar Appellate Law Advisory Commission from 2011 to 2014. He is a past Chair of the California State Bar Standing Committee on Appellate Courts on which he served from 2006-2010. Mr. Pierce is a member of the Los Angeles County Bar Association’s appellate courts section.
Mr. Pierce is a contributing author of the following CEB treaties:
California Civil Appellate Practice (3d ed.)
California Civil Writ Practice (4th ed.)
California Administrative Mandamus (3d ed.)
Outside of his law practice, Mr. Pierce serves on the Board of Governors of the LGBT Bar Association of Los Angeles. He is an avid triathlete and in each of the last four years completed a 549-mile, seven-day bike ride from San Francisco to Los Angeles, raising over ,000 for charity in the process. He competed in and finished his first half-ironman triathlon in Utah in May 2015.
Immediately following law school, Mr. Pierce served as a law clerk to the Honorable Marcel Livaudais, Jr. on the United States District Court in New Orleans.
Before attending law school, Mr. Pierce was a broadcast journalist.
Benjamin G. Shatz, Esq.
Partner & Appellate Practice Group Co-Chair
Manatt, Phelps & Phillips, LLP
Ben Shatz is a certified specialist in appellate law who has briefed hundreds of civil appeals, writs and petitions in state and federal courts covering areas of law including employment, entertainment, copyright, trademark, land use, banking, insurance, product liability, professional liability, wrongful death, punitive damages, class actions, anti-SLAPP and unfair competition. Before private practice he served as law clerk to Robert J. Johnston, United States Magistrate Judge for the District of Nevada, and as extern to Dorothy W. Nelson, United States Court of Appeals for the Ninth Circuit.
Ben is Editor-in-Chief of California Litigation, the journal of the State Bar’s Litigation Section, chairs the Los Angeles County Bar Association’s State Appellate Judicial Evaluations Committee and serves on the executive committee of LACBA’s Appellate Courts Section. He is a past Chair of the State Bar Committee on Appellate Courts and the LACBA Appellate Courts Committee.
Since 2005, Ben has coordinated lawyer volunteers for the ACE (Appellate Court Experience) program, in which high school students visit the Second District Court of Appeal, for which he was honored as Lawyer of the Year (Private Sector 2008) by the Constitutional Rights Foundation. He has been named a Southern California Super Lawyer in Appellate Practice (2004-2015); listed in Best Lawyers in America for appellate practice (2012-2015); and is AV-Preeminent rated by Martindale-Hubbell.
Ben is a frequent lecturer and publisher of articles on appellate practice, is an editorial consultant for the Matthew Bender Practice Guide on California Civil Appeals & Writs, and blogs at Southern California Appellate News (http://socal-appellate.blogspot.com).
John A. Taylor, Jr., Esq.
Partner/Certified Appellate Specialist
Horvitz & Levy LLP
John Taylor is a partner at Horvitz & Levy, where he has been practicing since 1993. He is a California State Bar Certified Appellate Specialist.
Mr. Taylor has been lead appellate counsel in dozens of appeals in a wide variety of areas (his name currently appears on over 40 published opinions and many more unpublished opinions), including matters involving entertainment law, the right of publicity, the Unfair Competition Law (UCL), breach of contract, insurance coverage, wage and hour law, employment discrimination, personal injury, California’s “lemon law,” arbitration awards, and trusts and estates.
In 2012, Mr. Taylor was lead counsel in Don Johnson Productions, Inc. v. Rysher Entertainment, obtaining a million reduction of a million judgment against his client. Mr. Taylor has also participated in numerous cases before the California Supreme Court, and in 2009 was lead counsel in obtaining a closely watched decision overturning a million judgment against a coffee manufacturer for the unauthorized use of the plaintiff’s photograph on the label of its coffee jar. In addition, he has authored amicus curiae briefs in the California Supreme Court on issues such as evidentiary requirements in product liability and wage and hour litigation; the scope and application of Proposition 64’s amendments to the UCL; public policy issues arising out of subcontractor indemnity provisions in residential construction contracts; the constitutionality of Proposition 5, the Indian gaming initiative; and the validity of the Seaman’s tort.
Mr. Taylor is a member of the California Academy of Appellate Lawyers and the Los Angeles County Bar Appellate Courts Section. In 2007, Mr. Taylor was appointed by Chief Justice Ronald George to serve on the Judicial Council Appellate Advisory Committee of California, as one of the three private civil attorneys on the committee, and in 2010 was reappointed to a second term.
In 2009, Mr. Taylor was named to the Top 100 list of leading lawyers in California by the Los Angeles & San Francisco Daily Journal. He is “AV Preeminent” rated by Martindale Hubbell, has been listed every year since 2006 as a Super Lawyer and as a “Best Lawyer” by The Best Lawyers in America, and was included among the overall Top 100 Southern California lawyers for 2011 by Super Lawyers magazine. In 1994, Mr. Taylor was honored as the “Outstanding Young Lawyer” of the year by the Los Angeles Chapter of the J. Reuben Clark Law Society.
Mr. Taylor received his Bachelor of Arts from Brigham Young University (summa cum laude) and his Juris Doctor from Harvard Law School (magna cum laude). Following law school, he held a judicial clerkship with the Hon. Patrick E. Higginbotham, U.S. Court of Appeals, Fifth Circuit. Before joining the firm, Mr. Taylor was a litigation associate with Gibson, Dunn & Crutcher LLP. He is admitted to practice in the California and Utah state courts, the United States Supreme Court, and the United States Court of Appeals for the Ninth Circuit.
San Francisco Faculty:
Justice Stuart R. Pollak
First District Court of Appeal, Division Four
In 2018, Justice Pollak was appointed to the position of Presiding Justice for the First District Court of Appeal, Division Four of the California Court of Appeal. Justice Pollak had been an Associate Justice in the First District of the California Court of Appeal since 2002.
Justice Pollak has spoken at several of Pincus Professional Education’s Appellate seminars in the past. Relevant to the Pincus Pro Ed 2013 SLAPPs seminar, Justice Pollak has two published decisions involving SLAPP issues including: Birkner v. Lam (2007) 156 Cal.App.4th 275, and Vivian v. Labucherie (2013) 214 Cal.App.4th267.
Prior to becoming a Justice, Mr. Pollak was a Judge of the San Francisco Superior Court for twenty years. Prior to joining the court, he was a partner at Howard, Rice Nemerovski, Canady & Pollak for fourteen years. Before joining Howard Rice, Justice Pollak served on the President’s Commission on the Assassination of President John F. Kennedy, and was Special Assistant to the Assistant Attorney General from 1963 to 1965.
Justice Pollak received his LL.B. from Harvard Law School in 1962, Magna Cum Laude.
Brian P. Barrow, Esq.
Simon Greenstone Panatier Bartlett
Brian P. Barrow is a shareholder of Simon Greenstone Panatier Bartlett, PC.
Mr. Barrow is a civil litigator with broad experience handling legal disputes venued in both state and federal courts in California. He has been responsible for all aspects of those cases, including trial, but has particular background in complex law and motion proceedings, post-trial matters, writs, and appeals. Notably, Brian has handled more than 100 appellate matters in his career, appearing in courts throughout California and the U.S. Court of Appeals for the Ninth Circuit. He is listed as an attorney on more than a dozen published appellate opinions and has also served as a settlement officer for the Court of Appeal in Los Angeles.
In 2004, Brian’s peers voted him a Southern California “Rising Star,” an honor given to promising attorneys under the age of 40.Subsequently, in both 2005 and 2006, he was voted a Southern California “Super Lawyer.”Most recently, in 2007, he was voted as one of the top Super Lawyers practicing in Orange County. Born and raised in Long Beach, California, Brian received his law degree, Cum Laude, from Whittier Law School. While a student, he served as an editor of the law review and won the American Jurisprudence Award in Civil Procedure. He also holds an undergraduate degree in Politics from the University of California at Santa Cruz.
Daniel H. Bromberg, Esq.
Quinn Emanuel Urquhart & Sullivan, LLP
Mr. Bromberg is an experienced appellate advocate who has argued before the United States Supreme Court as well as numerous federal and state appellate courts. With more than a decade’s experience in the Supreme Court, Mr. Bromberg is familiar with all aspects of Supreme Court practice, including merits briefing, petitions for certiorari, and amicus briefs. He also is experienced with practice in federal appeals courts and California appellate practice, including writ petitions, requests for depublication, and petitions for review.
Mr. Bromberg’s practice focuses upon intellectual property, commercial disputes, constitutional law, and other complex legal matters at both the trial and appellate levels. He has been involved in many of the patent cases before the Supreme Court in recent years, filing amicus briefs on behalf of high tech companies in both the eBay and KSR cases. He also has litigated several groundbreaking copyright cases and is currently litigating appeals involving patents, trademarks, antitrust, and punitive damages.
Harry Chamberlain II, Esq.
Shareholder and Certified Appellate Specialist
Harry Chamberlain is an experienced litigator who has represented Fortune 500 companies, public and private sector clients in complex litigation for 35 years. His trial and arbitration practice focuses on the representation of business, professional and public entity clients with special concentration in post-trial remedies, writs and appeals.
He is certified as an Appellate Specialist by the California State Bar Board of Legal Specialization, having argued hundreds of appeals in state and federal courts around the country, including numerous cases before the California Supreme Court and the highest courts of other jurisdictions.
Before joining Buchalter, Harry’s experience included in-house corporate practice as general counsel, and managing the law department of major market U.S. liability insurers and financial service companies.
Harry serves on the Board of Trustees of the Los Angeles County Bar Association and is past president of the Association of Southern California Defense Counsel and California Defense Counsel, preeminent regional associations of civil defense trial attorneys.
Robert M. Dato, Esq.
Buchalter Nemer P.C.
Robert M. Dato is Of Counsel in the firm’s Litigation and Appellate Practice Groups in Orange County. Mr. Dato primarily represents clients in business litigation and employment matters, with particular emphasis on appeals and related proceedings. Mr. Dato, a Certified Appellate Specialist in California since 1996, has handled more than 400 appellate matters in state and federal courts throughout the United States and served as the national coordinating appellate counsel for two major pharmaceutical manufacturers. Mr. Dato is AV Preeminent rated by Martindale Hubbell.
Mr. Dato was previously a senior research attorney to Presiding Justice David G. Sills of the California Court of Appeal in Santa Ana, where he prepared approximately 200 appellate opinions in substantive areas ranging from family law to complex business litigation matters. He also occasionally served as the court’s writ attorney, reviewing and making recommendations regarding writ petitions filed with the court.
Mr. Dato is the author of CEB’s Handling Civil Appeals: Action Guide, a co-author of CEB’s Civil Appellate Practice treatise, and a contributor to CEB’s Civil Procedure During Trial treatise. He is a past chair of the State Bar’s Committee on Administration of Justice, a past chair of the Orange County Bar Association’s Appellate Law Section and a founder of that section’s biennial College of Appellate Advocacy. Mr. Dato was recognized as a 2013 Top Rated Lawyer in the area of Commercial Litigation by American Lawyer Media in conjunction with Martindale Hubbell.
Susan Horst, Esq.
California Appellate Law Group
Susan Horst is the California Appellate Law Group’s writ specialist. For more than 31 years, Susan served as the writ attorney for Division One of the First District of the California Court of Appeal, in San Francisco. Susan is one of the only practicing attorneys in California to have devoted virtually her entire career to writs in the appellate courts.
As writ attorney in the First District, Susan evaluated thousands of pre- and post- trial writ petitions in all types of civil and criminal matters. In the process, she learned precisely what the justices on the Court of Appeal look for before taking the extraordinary step of granting writ relief — and what an opposing party needs to highlight to have the best shot at getting a petition denied.
Susan’s three decades at the Court of Appeal gave her both extensive writing experience and a wide-ranging knowledge of substantive law. Susan’s casework ran the gamut from business and commercial litigation, to personal injury and employment matters, to real estate, insurance, and products liability cases, to professional negligence, disqualification, and privilege issues. The procedural postures of the writ petitions she handled were equally wide-ranging, and included pleading defects and class certification, sealing of court records, discovery disputes, summary judgment, settlement, and enforcement of judgments.
Since retiring from her writ attorney position, Susan has devoted her professional time to consulting on writ petitions in the appellate courts, as well as trial court work in anticipation of writ relief. Susan also lectures widely on writ practice and procedure. She has presented seminars to the San Francisco City Attorney, District Attorney and Public Defender Offices, the State Bar of California, California Continuing Education of the Bar, The Rutter Group, PINCUS Professional Education, bar associations across California, and the Center for Judicial Education and Research. She is the co-author of Chapters for Continuing Education of the Bar publications, as well as training materials for numerous continuing education lectures.
Susan’s career at the Court of Appeal followed motion and jury trial skills she developed early on as an Assistant District Attorney in San Francisco. She holds her J.D. from the University of Santa Clara School of Law, where she graduated summa cum laude — even though she attended law school part-time at night, while working as a full-time administrator at Stanford University during the day. She also has her B.A. in English from Stanford.
In her spare time, Susan serves on the Executive Committee of the Litigation Section of the State Bar of California. She also volunteers on the Advisory Board of Advokids, a foster children’s advocacy group, and provides pro bono advice and representation through the Advokids Appellate Project.
Audra Ibarra, Esq.
Audra Ibarra is an experienced civil and white-collar appellate attorney. She also consults on attorney fee and dispositive motions, as well as trial strategy. She has over a decade of appellate experience and has personally tried 40 jury trials. She is a former supervising Assistant US Attorney, litigator at a large national law firm, and Deputy District Attorney. She has received national recognition and awards for her cases. She won a reversal in an important case before the California Supreme Court on appellate attorney fees in Conservatorship of McQueen.
Audra serves on the Committee on Appellate Courts of the State Bar of California, the Executive Committee of the Board of Governors of California Women Lawyers (CWL), and the Board of Directors of the California Minority Counsel Program. She is also the Chair of the Amicus Committee of CWL.
Gary A. Watt, Esq.
Gary A. Watt is a partner with Hanson Bridgett, working out of the San Francisco and Walnut Creek offices. Gary is a State Bar certified appellate specialist, and chair of the Contra Costa County Bar Association’s appellate practice section. In additional to handling civil appeals and writs in both the state and federal appellate courts. Gary’s practice include dispositive motions such as SLAPP, summary judgment, and post-trial motions.
Gary has been on the faculty at U.C. Hastings College of Law since 2001 teaching various appellate law courses, and serves as the director of U.S. Hastings’ Ninth Circuit clinical program: the Hastings Appellate Project. As director, Gary supervises law students in the pro bono legal representation of otherwise unrepresented appellants. Since its founding seven years ago, the Hastings Appellate Project has obtained reversal in over half of its appeals. Gary is a frequent lecturer at MCLE presentations throughout the Bay Area, participating in several programs every year. He is also an avid contributor to the Daily Journal and The Recorder, with well over 50 published articles to date.
Don Willenburg, Esq.
Don Willenburg is a partner in Gordon & Rees’s Oakland and San Francisco offices, and leader of the firm’s Appellate Practice Group. He is past chair of the Appellate Practice Section of the Bar Association of San Francisco, and presently chair of the amicus briefs committee of the Association of Defense Counsel of Northern California and Nevada. Mr. Willenburg has extensive experience in appeals and writs in a variety of substantive areas of the law, including asbestos and silica litigation; employment; construction; bankruptcy and financial reorganizations; insurance coverage disputes; and entertainment and intellectual property transactions.
Mr. Willenburg has guest lectured at the University of Southern California and Pepperdine Law Schools, and has served as a moot court justice at a number of law schools in Los Angeles and San Francisco. He has volunteered as judge pro tem and as a Penal Code section 1524 special master.
Greg E. Wolff, Esq.
After 31 years as a judicial attorney at the Court of Appeal and the California Supreme Court for Chief Justice Ronald M. George and as the Head of Chambers for Justice Carlos Moreno, Justice Goodwin Liu, and Justice Leondra Kruger, Greg Wolff now practices at the California Appellate Law Group.
As Supervisor of the Appellate Section of the Criminal Branch of the Los Angeles City Attorney’s Office, and in the Appellate Section of the Civil Branch, Mr. Wolff briefed and argued over 350 appeals and 100 writ proceedings. He also was an Adjunct Professor at UC Hastings College of the Law for 18 years, where he taught Moot Court and Legal Writing & Research.
In 1977, Mr. Wolff received his J.D. from Southwestern University School of Law, where he was an editor of the law review.
Audio Recording & Materials Package – CD or Download: $425
CD: plus $7.50 shipping and, in CA, sales tax.
CA General: This program is approved for 6.5 units of general CLE in California.
CA Certified Legal Specialist: This program is approved for 6.5 hours of Legal Specialization Credit in Appellate Law.
This program is approved for CLE in the states listed above. Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.
Terms and Policies
Recording policy: No audio or video recording of any program is permitted.
Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.
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