Understanding SLAPPs: Process and Procedure from Initiation through Appeal (CA)

SLAPP actions (Strategic Law Suits Against Public Participation) and SLAPP-Backs – are a staple in every-day litigation. You can hardly avoid them these days, yet they remain overly-complicated and new opinions are continuously altering the standards or creating conflicts.

To help you stay up-to-date on both SLAPPS and SLAPP-Backs, we are holding another SLAPPS seminar, with a terrific faculty composed of appellate specialists and state appellate judges.

If you litigate cases, you need to know how to handle a SLAPP and a SLAPP-Back and you need to stay current on the latest case-law.

At this program you’ll learn what you need to know to handle SLAPPs and SLAPP-Backs, get caught up on the law, get practical advice and, with two appellate justices teaching the whole day, you are sure to get the court’s perspective and insight at this program.

Don’t miss this critical program on SLAPPs and SLAPP-Backs – there aren’t any other programs like this out there.

 

Can’t attend? This program will be recorded live on April 5, 2019 in San Francisco, CA. The audio packages, including seminar materials, will be available within two-three weeks after each live program date.  Click the “I want a CD or Download” button on the right to pre-order.

 

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.

Agenda

9:00 – 9:05
Course Introduction

9:05 – 9:15
SLAPP Background

9:15 – 10:25
Prong One, and SLAPP Abuses. Truth in Advertising.

10:25 – 10:45
SLAPP Exceptions

10:45 – 11:00
BREAK

11:00 – 11:30
Prong Two of the Two-Pronged SLAPP Analysis

11:30 – 11:45
Checklist for Defendants Who File an Anti-SLAPP Motion

11:45 – 12:00
Checklist for Plaintiffs Who Oppose an Anti-SLAPP Motion

12:00 – 12:15
Q/A

12:15 – 1:15
Lunch
(on your own)

1:15 – 1:35
Discovery, Hearing and Trial Court Ruling on the Anti-SLAPP Motion

1:35 – 1:55
Anti-SLAPP Fee Motions

1:55 – 2:30
State Court Appeals from Anti-SLAPP Rulings

2:30 – 2:45
BREAK

2:45 – 3:15
Anti-SLAPP Motions & Appeals in Federal Court

3:15 – 4:00
Review of the Most Recent Top Anti-SLAPP Cases

4:00 – 4:15
Anti-SLAPP Cases Currently Pending in the California Supreme Court

4:15 – 4:45
SLAPP-Backs

4:45 – 5:00
Final Q/A

Dates/Times/Locations

April 5, 2019
9:00 a.m. – 5:00 p.m.
Check in between 8:30 – 9:00 a.m.

Hotel Nikko
222 Mason Street
San Francisco, CA 94102

 

Testimonials

“The conference exceeded my expectations- this has been one of the most knowledgeable informative collegial and interactive conference in memory on this or any other subject.’” Carlo Coppo, Esq.

“Outstanding!  Very, very helpful!  All speakers are excellent.”  David S. White, Esq.

“Good overview of intent of the law & unintended consequences.”  Elena Gerli, Esq.

“I came here for a general overview and to gain insight into how anti-SLAPP work in the real world, and I got just that.” Susan Fritch, Esq.

“Tricky subject; well qualified panel.” Peter Israel, Esq.

“Very satisfied.  I knew very little about this topic.  Case cites & practical application was helpful.”

“This is exactly what I was looking for.  You were right on!”  Charles R. Barrett, Esq.

‘“I am relatively new to the area, so the combination of overview and nuanced discussions were helpful.” Kenneth Paul Nabity, Esq.

“Great job everyone!”  Eva J. Lee, Esq.

“Very informative & practical.”  M. Wolf, Esq.

“One of the best programs I have attended in years. Very good overview of SLAPPs and practical considerations discussed.”

“Helpful appellate perspective.”

“Excellent- on point and well presented.”

“Good explanation of statute and application.”

“Very thorough and aimed at nuts and bolts.”

“Excellent panel & materials.”

“Speakers were extremely informative.”

“Helpful perspective from Judge’s position.”

“The content was good and helpful.”

“Excellent program. Outstanding speakers and content.”

Faculty

Justice Stuart R. Pollak
Presiding Justice
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.


Justice James A. Richman
Justice
California Court of Appeal, First Appellate District, Division Two

Justice Richman was born and raised in San Francisco. He attended Saint Ignatius High School, the University of San Francisco, and its School of Law. He received his J.D in 1965, graduating first in the class, and was president of the McAuliffe Law Honor Society.

Following law school Justice Richman clerked for the Honorable Raymond L. Sullivan on the First District Court of Appeal, and then served a year as Assistant Professor at Gonzaga University School of Law. In June 1967, he joined the law firm now known as Cooley Godward LLP, where he became a partner in 1972, and where he practiced law until appointed to the Alameda County Superior Court in 1996. Justice Richman served on the Superior Court for nine years, in both criminal and civil assignments, the last seven years in the law and motion department. He was appointed to the Court of Appeal in February 2006.

Justice Richman’s practice at Cooley Godward was general commercial litigation, with emphasis on probate and trust litigation, primarily for charitable or non-profit institutions. His clients included the American Heart Association, the American Cancer Society, Shriners Hospital for Crippled Children, and Guide Dogs for the Blind; he also represented the University of San Francisco and the Pacific School of Religion. Justice Richman also handled insurance coverage and related issues for business clients of the firm, and was the lead attorney on over 40 cases in the California and federal appellate courts.

From 1972 to 1997, Justice Richman taught as an Adjunct Professor at the University of San Francisco School of Law, where he taught Evidence, Torts, and Civil Procedure Before Trial; he also served on the faculty in 2000 as a Distinguished Visiting Professor. He has also taught at numerous legal education programs, teaching both lawyers and judges. Before his appointment to the court, Justice Richman was involved in many bar associations and legal professional societies, and is currently a member of the California Academy of Appellate Lawyers and the Earl Warren American Inn of Court.


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).


Gary A. Watt, Esq.
Partner
Hanson Bridgett

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. 


Rochelle Wilcox, Esq.
Partner
Davis Wright Tremaine LLP

Rochelle Wilcox, a California State Bar Certified Appellate Specialist, focuses her litigation and appeals practice on media law, including extensive experience with California’s anti-SLAPP law, defense of defamation, invasion of privacy and newsgathering claims, and access and reporter’s shield issues. 

Rochelle’s practice also includes a full range of employment litigation on behalf of employers and general business litigation issues. Rochelle has broad experience in federal and state appellate courts in a wide array of issues and disputes.

Rochelle’s California Supreme Court experience includes participating in drafting six successful petitions for review, all of which had successful outcomes. Rochelle has been counsel for the winning party in her last eight cases before the California Supreme Court.


Don Willenburg, Esq.
Partner
Gordon Rees

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.


Fees

Register by February 8, 2019 and save on each registration with the Early Bird rate!

Registration fees are per person

Individual: $425
Early Bird registration $399

Group: $399 per person for 2 or more from the same company pre-registering at the same time
Early Bird registration $380

Government employee/Legal Aid* Rate: $375
Early Bird registration $350

Law Students/paralegals*: $235 (current JD students only)
Early Bird registration $210

 

Optional Ticketed Networking Lunch – $30 / $35 or ?  *** Ask Faith about price – every venue is different. Then edit pricing. Remove if there is no networking lunch.

Optional Ticketed Receptionprice – *** Edit pricing. Remove if there is no networking lunch.

Program materials:

We’ve gone green.  Registration fees include an electronic copy of your handbook emailed one week in advance of the program.  Be sure to check your spam folder if you don’t see it by then.

If you prefer, you may order a hard copy of the handout to be provided the day of the program for $25. To do so, please be sure to check the box when you register. If you want a hard copy, you must order it when you register; there will not be any available for purchase the day of the program.

* Law Student Rate is for current law students only.

** Legal Aid attorneys are those attorneys employed by Legal Aid/non-profit firms. It does not include attorneys who have their own practice, or are employed by law firms, that volunteer their time for non-profit causes or take on pro-bono cases. Full and partial scholarships may be available to a limited number of Legal Aid attorneys, based upon registration. Please call (877) 858-3848 to discuss or email your request to info@pincusproed.com.

CLE Credits

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 units of Certified Legal Specialist CLE in California in Appellate Law.

NJ General: The LIVE session of this course is approved, under New Jersey’s CLE Approved Jurisdiction policy, for 6.5 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NJ approved jurisdiction. See the New Jersey State CLE Board Regulations and Guidelines for further information.

NY General: The LIVE session of this course is approved, under New York’s CLE Approved Jurisdiction policy, for 6.5 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

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 & Refund 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.

Substitutions may be made at any time.

Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.

For policies related to audio products, please select “I want a download or CD” on the right.

$210.00$399.00 each

San Francisco, CA | April 5, 2019

Clear

Printed Materials

[ All attendees receive a pdf of the materials one week prior to the program. To purchase a printed hard copy, please select this option to order it now. ]

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