Earn up to 12 Hours MCLE Credit, including legal specialization, with your attendance at the full, two-day event.
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September 14-15, 2018 | Sheraton San Diego Hotel & Marina
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28 — How to Win a Writ Petition (Criminal or Civil)
Saturday, September 15 — 8:40 a.m. – 9:40 a.m.
For both civil and criminal law, the course will cover which orders may be challenged by writ petition, including orders impacting Veterans, time limits for filing pretrial writ petitions, how justices of the Courts of Appeal decide writ petitions, how writ petitions are processed in the Courts of Appeal, how to prepare a writ petition, and tips on how to win, how to lose.
CLE: 1.0 Hour Legal Ethics
Legal Specialization: 1.0 Hour Appellate Law;
1.0 Hour Criminal Law
29 — Trial Lawyer Hall of Fame Series: Cross-Examination of Experts
Saturday, September 15 — 9:50 a.m. – 10:50 a.m.
The Mount Everest of cross-examinations is the cross of the expert. 2017 Trial Lawyer Hall of Fame inductees Juanita Brooks and Lawrence Wayte show you where and how to find the ammunition for the cross, and the techniques necessary to destroy the expert before the expert destroys you.
CLE: 1.0 Hour
35 — Mini-MBA for Litigators: Use/Misuse of Reptile Theory at Trial
Saturday, September 15 — 11 a.m. – 12 noon
This panel will analyze some current thinking behind how litigators attempt to influence a juror’s decision-making; including by appealing to the reptilian complex of the juror’s brain. Panelists will examine different tactics used to activate a juror’s survival instincts in hopes that the decision is based on instinct, rather than logic and reasoning.
Dear Litigation Section Members,
The leadership at our new bar association, the California Lawyers Association, is working hard to firmly plant CLA on the map. The CLA’s website (calawyers.org) is up and running and is a good resource of information. You will soon hear directly from CLA’s newly elected President Heather Rosing and CLA's new Chair James Hill with more information about the evolution of CLA. And the CLA looks forward to relocating its office to Sacramento in January 2019. The Litigation Section continues to embrace this transition from the State Bar of California to the CLA and remains an active participant in the planning efforts.
If you have not yet renewed your Litigation Section membership, you can do so through your State Bar Profile at calbar.ca.gov. If you are interested in getting involved with the Litigation Section, there are many committee level opportunities, some of which are highlighted below.
Thank you for your continued support of the Litigation Section.
Megan A. Rowe, Chair
We are reprising last year’s successful litigation and appellate summits on Friday, October 5, 2018 at the Marriott Union Square in San Francisco. Make it a weekend and see the Blue Angels, the Giants, and the Hardly Strictly Blue Grass Festival! Highlights include:
Reviews from Last Year's Summits
Join your friends and colleagues from across the state for rewarding and often entertaining legal insights. Please join us for an end-of-day reception to see friends and honor our next inductee into the Trial Lawyer Hall of Fame and our inaugural inductee into the Appellate Lawyer Hall of Fame.
Registration and hotel information coming soon!
The Litigation Section is pleased to announce that Jennifer L. Keller and Bob Van Nest have been selected for the 2018 Trial Lawyer Hall of Fame Award! This award is bestowed upon attorneys who have excelled as trial lawyers and whose careers exemplify the highest of values and professional attainment. Read more about the recipients here!
California Supreme Court Justice Ming Chin will present Ellis Horvitz with his inaugural award and induction into the Appellate Lawyer Hall of Fame on Friday, October 5, 2018 at the Marriott Union Square in San Francisco, California. The Appellate Lawyer Hall of Fame reception will follow the 2nd Annual Appellate Summit. Summit registration opens in August. Read more here.
Monday August 20, 2018, 12 noon - 1:02 p.m.
This program offers 1 participatory MCLE credit in Ethics. You must register in advance to participate.
Formal Opinion No. 2015-193 of the Standing Committee On Professional Responsibility and Conduct of the California State Bar (“Committee Opinion”) opines that an attorney may violate ethical duties of competence by failing to understand and perform e-discovery skills. The Committee Opinion set out a list of nine e-discovery tasks that “attorneys handling e-discovery should be able to perform (either by themselves or in association with competent counsel or expert consultants).”
The nine skills from the Committee Opinion are:
Performing many of these skills competently requires understanding mobile device discovery.
Mobile devices have become globally ubiquitous, both for personal and professional use. Increasingly, organizations need to consider their mobile device and application use when executing internal investigations and responding to Discovery requests.
This webinar will address the following questions counsel should ask when considering mobile devices in discovery:
Speakers: Kathleen McConnell and Damon Reissman
Moderator: Mark Michels
Tuesday, August 21, 2018, 12 noon - 1 p.m.
This program offers 1 participatory MCLE credit. You must register in advance to participate.
2018 has offered up some earthquakes in Labor & Employment. As we take a look at these decisions, their immediate impact, and the ripples following in their wakes, we look ahead to 2019 and a newly constituted US Supreme Court and California Supreme Court.
The Ninth Circuit:
The California Supreme Court:
Moderator: Wendy McGuire Coats
Speaker: Kristen J. Nesbit
Monday August 27, 2018, 12 noon - 1:30 p.m.
This program offers 1.5 participatory MCLE credits in Competency Issues. You must register in advance to participate.
This program will cover the obligations of attorneys under California Rule of Court 3-110 (duty to act competently) as they relate to substance abuse, examining the current case law and disciplinary procedures for violations.
Speakers: Wendy Patrick and Nathan Lavid
Arbitratior and Mediator: Luis Rodriguez, Ret.
Monday September 3, 2018, 12 noon - 1:01 p.m.
This program surveys the rules governing contact with represented and unrepresented parties, current and former employees, information subject to non-disclosure agreements, inadvertently produced information, and information procured through self-help by clients. Current and proposed California Rules and the ABA Model Rules will be covered.
Speaker: David F. McGowan
Wednesday, September 5, 2018, 12 noon - 1 p.m.
Historically, California has not authorized out-of-state and foreign lawyers to provide legal services in international commercial arbitrations conducted in California. Such restrictions created a significant disincentive to the selection of California as an international arbitrations venue and prevented the development of a true international arbitration practice in the state.
However, on July 18, 2018, California Governor Jerry Brown signed into law SB 766 eliminating the ban, bringing California in line with most jurisdictions worldwide. The new law goes into effect on January 1, 2019.
Join us for this program that will provide a great overview of SB 766, its historical background, implementation and all the great opportunities it will provide for the legal and ADR industry. We will also explore different marketing opportunities to effectively compete with other jurisdictions for the California share of the arbitration pie.
Moderator: Ana Sambold
Speakers: Malcolm McNeil and Steve K. Andersen
Monday September 10, 2018, 12 noon - 1:00 p.m.
Performing many of these skills competently requires understanding of the concepts of the related concepts of proportionality and reasonable accessibility.
Federal Rule of Civil Procedure 26(b)(1) sets forth the scope of discovery in civil cases pending in federal court: Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within the scope of discovery need not be admissible in evidence to be discoverable.
Rule 26 contains specific limitations relative [*7] to electronic discovery and other objections to providing discovery: (B) Specific Limitations on Electronically Stored Information. A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify the conditions for the discovery.
While California state law does not include a “proportionality” limit, it does allow objection and/or a motion for protective order when discovery is not reasonably accessible. (If the demand seeks a copy of data that is not reasonably accessible (e.g., from sources that are not routinely accessed or easily located), the responding party may either object [CCP § 2031.210(d)] or move for a protective order [CCP § 2031.060(a), (b)].) (Matthew Bender Practice Guide: CA E-Discovery and Evidence, § 6.07)
Speakers: Hon. Laurel Beeler, and Steven Williams
Moderators: Michael F. Kelleher and Mark Michels
Monday September 17, 2018, 12 noon - 1:01 p.m.
The California Bar’s Committee on Professional Responsibility and Conduct recently issued a much-awaited opinion on the ethical obligations of lawyers in the handling of discovery of electronically stored information (ESI). Most litigators already know that electronic discovery is the most important kind of discovery in big and small cases. Learn from the best how this opinion effects your obligations under:
You will also learn how courts have already begun to use this opinion to determine spoliation sanctions.
Speaker: Jerome Sapiro
Moderators: Michael F. Kelleher and Thomas Greene
Monday September 24, 2018, 12 noon - 1:30 p.m.
This program offers 1.5 participatory MCLE credit, 0.5 credit in Ethics. You must register in advance to participate.
This program will review how to use Facebook, Twitter, and LinkedIn in case investigation, preparation, and litigation. The program also will address the related rules concerning disclosure of private information, contact with represented parties, trial publicity, and more.
Speakers: James Friedhofer and Wendy Patrick
Learn how Associate Justice Kathryn Werdegar went from a one-room school to the California Supreme Court. Read the complete California Litigation Review interview by Jessica Barclay-Strobel where the Justice shares her thoughts on arbitration, preemption, and the importance of being a good study buddy.
The Jury Instructions Committee reviews and comments on proposed revisions to CACI civil jury instructions and verdict forms to help ensure they are legally accurate and comprehendible. The Judicial Council issues an invitation to comment on proposed revisions twice yearly in late December and late July. The Committee's carefully considered comments often result in meaningful improvements in the instructions. To participate in the review and comment process, please contact the Committee Chair Ben Ginsburg at firstname.lastname@example.org.
Are you the best litigator you can be? Join or renew your membership in the State Bar Litigation Section for access to resources that will help make you a great litigator.
The State Bar Litigation Section provides resources and opportunities for section members to enhance their professional development. The section offers continuing education through live programs, webinars, and an extensive library of recorded programs available online. Our programs are presented by distinguished litigators and judges from throughout the state.
Section members receive top quality publications free of charge, including California Litigation Review, an annual review of civil law developments; California Litigation, a journal published three times per year; and Litigation Update, a e-newsletter with case summaries of notable appellate opinions.
As a member of the Litigation Section you will have opportunities to join our standing committees that explore particular practice areas (Alternative Dispute Resolution Committee, Food Law Committee, and Insurance Staff Counsel Committee), comment on proposed legislation affecting litigation practice (Rules and Legislation Committee), and comment on proposed revisions to CACI jury instructions (Jury Instructions Committee). The section also welcomes proposals for new committees and other programs and activities of interest to section members.
Learn more about the State Bar Litigation Section online at the section’s homepage and on Facebook and Twitter, andjoin the section or renew your membership.
“Giving a Deposition” is a benefit of your membership in the Litigation Section. It will hopefully save you and your clients time and money, and allow you to prepare witnesses more effectively for their depositions. The video is intended to be shown to witnesses who have not had their depositions taken before, or for whom a refresher course would be worthwhile. Through a series of vignettes, the video explains the deposition process and provides advice about how to answer questions carefully, truthfully, and in a manner that expedites the completion of the deposition. The video obviously does not replace diligent witness preparation by lawyers and staff, but facilitates deposition preparation so that the lawyer’s time can be spent on the merits. For more information, see "Giving a Deposition".
The Litigation Section publishes California Litigation three times per year, under the supervision of the California Litigation Editorial Board. Each issue contains informative articles on themes of interest to litigators.
We have provided tables of contents from Volume 1, No. 1 to the present at California Litigation. And we have posted recent issues in our Members Only Area.
Copies of some back issues are still available. Please call 415- 538-2546 if you are interested in obtaining one or more.
California Litigation Reviewcomes out annually and is sent to members of the Litigation Section as a benefit of membership. The Review provides an annual overview of developments of interest to California's civil litigators and a review of many areas of practice that we do not regularly encounter, but need to know!
We have posted California Litigation Review in our Members Only Area.
For more information, see California Litigation Review.
Continuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Section, you're eligible for:
Information about the section dues rebate program can be found on the CEB Web site.
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The Litigation Section is a State Bar of California-approved MCLE provider.