Tag Archives: Litigation

Robert Dato is our Latest Featured Speaker!

Posted on by Faith Pincus
31 Jul

Our latest featured speaker is Robert Dato from Buchalter!

Robert will be speaking at our upcoming 9th Circuit Court of Appeals Boot Camp: The Nuts and Bolts Webinar on September 26 & 28. He recently spoke at our previous 9th Circuit Court of Appeals Boot Camp where attendees complimented his materials and knowledge of the subject.  In the past, Bob has spoken at our Annual Advanced Appellate program many times, most recently at our 2017 Advanced Appellate program.

We’re excited to have him back with us!

Robert is Co-Chair of the Buchalter’s Appellate Practice Group. He primarily represents clients in business litigation and employment matters, with particular emphasis on appeals and related proceedings.

As a Certified Appellate Specialist in California since 1996, Robert 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.

Robert 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.

Additionally, Robert is currently a member of the Orange County Bar Association’s Professionalism and Ethics Committee. He is a past chair of the State Bar’s Committee on Administration of Justice and a past chair of the Orange County Bar Association’s Appellate Law Section. Robert was recognized as a Southern California Super Lawyer from 2004-2023, as well as a 2013 Top Rated Lawyer in the area of Commercial Litigation by American Lawyer Media in conjunction with Martindale Hubbell.

Thank you for joining us again, Robert!

Jack Reiter is our Latest Featured Speaker!

Posted on by Faith Pincus
21 Jul

Our latest featured speaker is Jack Reiter from GrayRobinson!

Jack will be speaking at our upcoming Preserving the Trial Record for Appeal in Florida Civil Cases Webinar on August 1 & 3, 2023. Most recently, Jack spoke at our Advanced Appellate Practice (FL) Seminar. Attendee testimonials commended Jack on his informative presentation and excellent content.

Jack is a shareholder at GrayRobinson and leads the firm’s Appellate and Trial Support Team (nationally ranked Tier 1 by U.S. News- Best Lawyers in 2023). He is Board Certified by The Florida Bar in Appellate Practice and former chair of Florida Bar Appellate Court Rules Committee and Appellate Practice Section. Jack focuses his practice on litigation and trial support matters in commercial and business disputes, insurance coverage issues, products liability and negligence, and toxic tort law. His experience includes preparing and arguing complex trial motions to dismiss and for summary judgment, as well as motions in limine and for directed verdict.

Outside of the firm, Jack is a member of the American Bar Association, the Tort and Insurance Practice Section and the Defense Research Institute. Jack has also served as chair of The Florida Bar Appellate Court Rules Committee, the Appellate Practice Section of The Florida Bar and the Dade County Bar Appellate Court Committee.

Thank you for joining the program, Jack!  We are so happy to have you back.

Alyssa Reiter is our Latest Featured Speaker!

Posted on by Faith Pincus
18 Jul

Our latest featured speaker is Alyssa Reiter from Wicker Smith!

Alyssa will be speaking at our upcoming Preserving the Trial Record for Appeal in Florida Civil Cases Webinar on August 1 & 3, 2023. Alyssa has collaborated with Pincus before at our Illinois appellate programs. We are so excited to have her back with us!

Formerly of Illinois, Alyssa is now a partner at Wicker Smith’s Fort Lauderdale office and focuses her practice on handling appeals, litigation support, and insurance coverage matters. She has argued cases in the Florida Supreme Court, the Illinois Supreme Court, the 11th Circuit and the 7th Circuit, and numerous appellate courts throughout not only Florida and Illinois, but the entire United States.

Throughout her career, Alyssa has represented clients in a wide range of cases, including: products liability, professional malpractice, commercial litigation, insurance coverage and bad faith, vehicular accident, premises liability, and aviation.

Having served three terms on the Board of Directors for the Appellate Lawyers Association, Alyssa is a highly capable attorney. She was selected by her peers as a Leading Lawyer and a Super Lawyer in the field of civil appeals. Alyssa has also earned an AV rating from Martindale-Hubbell, the highest rating awarded by that organization.

Thank you for joining the program, Alyssa!

 

Jamie Moses is our Latest Featured Speaker!

Posted on by Faith Pincus
12 Jul

Our latest featured speaker is Jamie Moses from Holland & Knight!

Jamie will be speaking at our upcoming Preserving the Trial Record for Appeal in Florida Civil Cases Webinar on August 1 & 3, 2023. Most recently, she spoke at our Advanced Appellate Practice (FL) Program, where she was praised for the advice and perspective she brought to the table. Jamie also taught at our Florida 2021 Deposition Training program and received fantastic reviews.

It’s great to have you back with us, Jamie!  We love working with you and having you speak!

Jamie is a member of Holland & Knight’s Appellate Team. Her practice primarily focuses on state and federal appeals. She also has significant experience representing clients in real estate and broker litigation, professional malpractice litigation, along with insurance and bad faith litigation. She is board certified in Appellate Law by The Florida Bar. Prior to joining Holland & Knight, she was a partner at a large Orlando law firm, where she led the appellate practice group.

As the former president of the Central Florida Association for Women Lawyers and the Florida Bar’s Young Lawyers Division, Jamie offers practical advice that only a seasoned attorney can provide. Jamie has also been recognized by “The Best Lawyers in America” guide in Appellate Law, 2021-22 as well as “Florida Super Lawyers” magazine, 2015-2023.

Thank you for joining the program, Jamie!

Kristen Fiore is our Latest Featured Speaker!

Posted on by Faith Pincus
10 Jul

Our latest featured speaker is Kristen Fiore from Akerman!

Kristen will be speaking at our upcoming Preserving the Trial Record for Appeal in Florida Civil Cases Webinar on August 1 & 3, 2023. Most recently, she spoke at our Advanced Appellate Practice (FL) Program, where she was an attendee favorite.

It’s so good to have you back with us, Kristen!

Kristen is a partner at Akerman. She is a seasoned, board certified appellate attorney, who has handled hundreds of complex commercial appeals and orally argued dozens of those cases, including appeals in all five Florida District Courts of Appeal, the Florida Supreme Court, and the United States Court of Appeals for the Second, Fifth, Seventh, Ninth, and Eleventh Circuits. Her extensive experience encompasses civil and administrative cases touching on a wide range of law, including: constitutional issues, discovery, class actions, damages, bankruptcy, malpractice, probate, American Indian, taxation, and family law. Significant areas of focus in her appellate work include financial, insurance, and labor & employment disputes.

Kristen currently serves on the Florida Appellate Court Rules Committee and is a frequent speaker on appellate topics, most recently presenting on the Jurisdiction of the Florida Supreme Court for the Appellate Practice Section’s Practice Before the Florida Supreme Court CLE Seminar.

Recognized by Florida Trend, Benchmark Litigation, and Super Lawyers, Kristen brings a wealth of knowledge to her appellate practice from having served as a staff attorney for judges on both the Florida Supreme Court (Justice Barbara Pariente) and Florida’s Fourth District Court of Appeal (Judge Fred Hazouri), where she participated in countless appeals — which provides her with invaluable insight in framing compelling arguments during both the trial and appellate stages of litigation.

Thank you for joining us again, Kristen!

Catherine Basque Weiler is our Latest Featured Speaker!

Posted on by Faith Pincus
21 Jun

Our latest featured speaker is Catherine Basque Weiler from Swanson, Martin & Bell!

Catherine will be speaking at our upcoming Preserving the Trial Record for Appeal in Illinois Civil Cases Two-Part Webinar on July 18 & 20, 2023. This will be her first time speaking with us. We are looking forward to it, Catherine!

Catherine is a Partner and the chair of Swanson, Martin & Bell’s Appellate Practice Group. Her practice area focuses on trial practice and appeals. She has briefed more than 200 cases involving a wide range of litigation topics in various state and federal courts of appeal, including the Seventh Circuit, all Illinois Appellate Districts, the Colorado Appellate Court and the North Carolina Appellate Court.

In addition to her appellate practice, Catherine actively represents clients in the state and federal trial courts through all phases of litigation, from case inception through trial, primarily defending legal malpractice, commercial, product and premises liability claims. Catherine’s wide-ranging appellate practice and knowledge of procedure gives her a unique perspective on case strategy.

Prior to joining the Swanson, Martin & Bell, Catherine acted as an Assistant Illinois Attorney General in the Civil Appeals Division, representing state agencies and representatives, and the People of Illinois, before all Illinois Appellate Courts and the Seventh Circuit.

Thank you for joining the program, Catherine!

Gretchen Harris Sperry is our Latest Featured Speaker!

Posted on by Faith Pincus
14 Jun

Our latest featured speaker is Gretchen Harris Sperry from Gordon Rees Scully Mansukhani!

Gretchen will be speaking at our upcoming Preserving the Trial Record for Appeal in Illinois Civil Cases Two-Part Webinar on July 18th & 20th (2023). This will be her first time speaking with us and was recommended as a speaker by multiple appellate attorneys.

Welcome, Gretchen!

Gretchen is a partner and Co-Chair of the Appellate Group in Gordon & Rees’ Chicago office. She frequently represents government agencies and elected officials in constitutional litigation as a court-appointed Special Assistant State’s Attorney. 

Additionally, Gretchen represents private sector clients before various governmental, legislative, and regulatory agencies, counseling them on pending legislation and regulatory compliance matters. Gretchen is experienced in white collar criminal matters, having represented entities in federal criminal prosecutions and investigations, as well as conducting internal investigations in anticipation of government involvement. 

Gretchen is an active member of the legal community. She was appointed by the Illinois Supreme Court to serve as a member of the Character and Fitness Committee of the Illinois Board of Admissions to the Bar. She has served as an adjunct faculty member at two Chicago law schools teaching Appellate Advocacy. She also serves as the Secretary of the ABA Council of Appellate Lawyers and is a Past President of the Illinois Appellate Lawyers Association.

Prior to joining Gordon & Rees, Gretchen was a partner at a national law firm where she served as chair of the firm’s nationally recognized Appellate Practice Group.  She was also a Judicial Clerk to the Honorable Mary Jane Theis and the Honorable Maureen E. Connors in the Illinois Appellate Court.

Thank you for joining the program, Gretchen! We look forward to it.

Jim Allen is our latest Featured Speaker

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Jim Allen is our latest Featured Speaker!

Jim is a retired Assistant County Attorney for Miami Dade County and has been sharing his experience with our attendees since 2014, when he first spoke at our Circuit Court Boot Camp in Ft. Lauderdale. Since then, Jim has been a frequent speakers at many of our litigation programs. Most recently, he spoke at Mastering the Deposition and Brief Writing in Ft. Lauderdale. Next year, Jim will join us again for our 5th Annual Circuit Court Boot Camp in Ft. Lauderdale.

In addition to providing excellent tips and litigation strategies, Jim always provides thorough handouts and additional materials that attendees rave about.

Jim Allen
Former Assistant County Attorney, Miami-Dade County

Jim was Chief of Training and Development, while continuing to maintain a full caseload in state personal injury and federal civil rights actions.

As a litigator, Jim has practiced extensively in federal and state court at both trial and appellate levels. He has litigated and tried numerous cases involving serious wrongful death and civil rights allegations, including a taking action claiming in excess of 100 million dollars in damages. Jim has also handled numerous state and federal appeals, including a case filed in the U.S. Supreme Court.

After law school, Jim clerked for the Honorable James R. Jorgenson, Florida Third District Court of Appeals.  Jim is a graduate of the University of Wisconsin, J.D., Cum Laude, 1980.

Summary Judgment Motions – Tips from the Trenches

Posted on by Faith Pincus

Our speakers are always providing our attendees with helpful tips for their practice, and Karen Kimmey of Farella Braun + Martel is no exception!  When she speaks at our CLE programs, Karen provides great handouts. She provided one on Summary Judgment Motions not too long ago.

Our blog readers can take 50% off our Superior Court and Federal Court Boot Camp audio packages with the coupon code 50MSJ. 

Here are a few simple tips to improve your briefs:

MOTIONS FOR SUMMARY JUDGMENT 

Practice Tips

  • Think strategically about whether to file for summary judgment regardless of odds of winning. What are you goals?D Do you want to educate your judge? Are you trying to preview your opponent’s evidence? Always remember to consider the cost and effort involved in a Motion for Summary Judgment – it can get very expensive for your client.
  • Spend more time on your Separate Statement of Facts
    • Too often this is an afterthought for counsel – but the judges and their law clerks read these thoroughly. It is the document most relied-upon by many judges and clerks, so be careful with it, and make it easy for the court to find your references and cites.
  • Include only those facts in your Separate Statement that are truly “material”
    • The Court may assume it is material if it is in your Separate Statement
    • Each fact should be discrete and independent
  • Focus on your introduction and headings
    • Explain in a couple sentences what relief you are seeking and why you are entitled to it
    • Use argumentative headings to guide the argument
  • Do not bother with a long recitation of summary judgment standards – they know what it is. Save the space and word count for your argument.
  • Simplify if you are seeking summary judgment and complicate if you are opposing it
  • Start the process early – it takes a lot of time to prepare the papers