2019 Litigation and Appellate Summits

The witty and knowledgeable Jim Wagstaffe will bring you up to date on the latest developments in the federal system. Justice Eileen Moore of the Fourth District Court of Appeal will take over to provide her pithy updates on state law developments designed just for litigators. This panel will be rounded out by the thoughtful commentary of Jordanna Thigpen on new legislative developments crucial to trial lawyers.

Moderator: George Wailes, Offices of George Wailes, San Mateo

Speakers:

• James M. Wagstaffe, Partner and Co-Founder, Kerr & Wagstaffe, LLP, San Francisco
• The Honorable Eileen C. Moore, Associate Justice, Fourth District Court of Appeal, Santa Ana
• Jordanna Thigpen, Johnson & Johnson, LLP

Robert Van Nest, one of California’s leading trial lawyers and a Trial Lawyer Hall of Fame member, will illuminate the purposes, goals and objectives of any opening statement. He will discuss the process through which opening statements are formulated, prepared, tested, and ultimately delivered. He will also provide examples of approaches he has seen and taken; the effective use of graphics and other evidence; and common mistakes in the presentation of opening statements.

Moderator: Norman J. Rodich, Partner, Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP, Irvine

Speaker:

• Robert Van Nest, Keker, Van Nest & Peters, San Francisco

Session 1: Access to Justice (1 Hour of MCLE credit)

People rely on the justice system to keep their families together, to protect their homes, to retain their savings, to assure their health and safety, and to hold the powerful accountable to the rule of law. But many would-be litigants are discouraged or unable to engage the justice system due to high costs of hiring attorneys, language barriers, complex court procedures, and other issues. Presenters will consider the current state of affairs for pro se litigants, assistance provided where a right to counsel is not guaranteed, promoting access by overcoming language and other barriers, efforts to promote self-representation in the courts, and what might be done to further promote access to justice in the future.

Moderator: Chad Stegeman, Deputy Attorney General, Office of the California Attorney General, and Vice-Chair, Access to Justice and Civic Engagement Committee, Litigation Section, San Francisco

Speakers:

• The Honorable A Howard Matz, District Judge (Ret.), Central District of California, Los Angeles
• The Honorable Suzanne Segal, U.S. Magistrate Judge, Central District of California, Los Angeles
• Bert Deixler, Partner, Kendall Brill, Los Angeles

Session 2: How to Protect Your Client on Appeal While You Are Still in the Trial Court (1 Hour MCLE credit)

Not every trial court error result in reversal on appeal. Why? An appellate court justice and a senior appellate court attorney discuss harmless error affirmances, prejudicial error reversals, and creating a useful record for appeal. If a trial court’s error is hurting your client, what can you do while the litigation is ongoing to create a clear record of the error, preserve your client’s claim for appeal, and put your client in position to demonstrate prejudice later? If the error is favoring your client, what can you do to help render it harmless and protect your client’s favorable trial outcome on appeal? Practical insights on these topics for trial court litigators will be provided from an appellate perspective.

Speakers:

• The Honorable Martin J. Tangeman, Court of Appeal, Second District, Division Six, Ventura
• Katy Graham, of Counsel, California Appellate Law Group

Justice Kruger will share her views on the challenges facing the California courts and the lawyers who serve them. Expect thoughtful commentary on cutting edge legal issues, important perspectives on effective advocacy and the story of her personal journey to the high court.

Speaker: Justice Leondra R. Kruger, California Supreme Court (Joint Session with Appellate Summit)

Interviewers:

• Greg Wolff, California Appellate Law Group
• Katy Graham, of Counsel, California Appellate Law Group

Effective management of big cases is often the key to victory. Learn from our panelists about how best to manage high stakes litigation in federal and state courts. Get tips on effective pre-trial motions, effective management of discovery, and effective trial advocacy in major cases.

Moderator: Michelle Galloway, Cooley, LLP, and Stanford Law School, Palo Alto

Speakers:

• The Honorable. S. James Otero, District Court Judge, Central District of California, Los Angeles
• The Honorable Daniel J. Buckley, Judge of the Superior Court, Superior Court of Los Angeles
• Hon. Jay C. Gandhi (Ret), JAMS Mediator and Arbitrator, Los Angeles

Today’s litigator needs to appreciate that jurors spend more time looking at screens—TVs, computer monitors, iPads, and smart phones—than listening to other human beings. They expect to not just hear, but see the evidence. Join Morgan Smith as he dives into some of the more common data sources in today’s world, examine some of the discovery issues involved in obtaining that data, and then focus on the best ideas on how to use this data in an understandable and graphic manner that jurors or mediators will comprehend.

Moderator: Timothy Sullivan, McCormick Barstow, LLP, Fresno

Speaker:

• Morgan Smith, Founder and President, Cogent Legal, Oakland, Sacramento, Seattle and Telluride

Digital branding strategies are crucial for all practitioners. The modern attorney needs effective strategies for building online networks and this presentation will provide an understanding of best practices in social media and web-based marketing, including dealing with online review sites and techniques for staying top-of mind with your contacts while also focusing on the ethical obligations of an attorney engaging in any type of marketing. The panelists will also address the updates to the California Rules of Professional Conduct as they pertain to attorney advertising while exploring what make sense from a marketing perspective and what is legal from an ethics perspective.

Moderator: Ana Sambold, Sambold Law & ADR Services, San Diego

Speakers:

• Kristen Dennis, attorney & founder of WebPresence, Esq.
• Emery Ledger, attorney and founder of Ledger Law
• Valerie Brennan, Director of Marketing at Munger Tolles & Olson LLP
• Edward Lyman, attorney and founder of Family Legal

Knowing when to appeal is essential. A Court of Appeal Justice and two experienced appellate practitioners discuss the complicated rules regarding when orders and judgments become appealable, specific types of orders that are immediately appealable, what must be appealed by writ, notice of appeal considerations and timing, and when post-trial motions are required.

Speakers:

• Honorable Frank J. Menetrez, Fourth District Court of Appeal, Division 2, Riverside, CA
• Glenn Danas, Robins Kaplan LLP, Los Angeles, CA
• Jocelyn Sperling, Law Office of Jocelyn Sperling, Berkeley, CA

Learn about opportunities to put your skills into practice for the public interest. Representatives from the Family Violence Appellate Project, Second District Court of Appeal’s self-help clinic, 9th Circuit’s appellate clinic, Loyola Law School Project for the Innocent, and CAP/LA will discuss numerous opportunities to provide pro bono and compensated services to those in need.

Speakers:

• Erin Smith, Family Violence Appellate Project, Oakland, CA
• Paula Mitchell, Loyola Law School Project for the Innocent, Los Angeles, CA
• Tyna Orren, Orren & Orren, Public Counsel’s Appellate Self-Help Clinic, Los Angeles, CA
• Jennifer Hansen, CAP/LA, Los Angeles, CA

Learn from two insiders how the California Supreme Court decides whether to grant review and dos and don’ts for Petitions for Review. Also learn about what happens if review is granted: briefing tips, insights on amicus briefs, and best practices for oral argument.

Speakers:

• Greg Wolff, California Appellate Law Group, San Francisco, CA
• Lisa Walker, Supreme Court of California, Los Angeles, CA

Justice Kruger will share her views on the challenges facing the California courts and the lawyers who serve them. Expect thoughtful commentary on cutting edge legal issues, important perspectives on effective advocacy and the story of her personal journey to the high court.

Speaker: Justice Leondra R. Kruger, California Supreme Court (Joint Session with Litigation Summit)

Interviewers:

• Greg Wolff, California Appellate Law Group
• Katy Graham, of Counsel, California Appellate Law Group

Full-time Court of Appeal Justice and part-time Evidence professor Brian M. Hoffstadt leads an interactive discussion on the California and federal rules of evidence, highlighting those rules that the California courts have interpreted (or re-interpreted) in the last year. Bring your smartphones and laptops, so you can cast your (anonymous) vote on the hypos that will drive the discussion.

Speakers:

• The Honorable Brian M. Hoffstadt, Second District Court of Appeal, Division 2, Los Angeles, CA
• Ellie Ruth, Attorney with Greines, Martin, Stein & Richland LLP, Los Angeles

A discussion with two leading constitutional scholars about major cases and noteworthy trends in the Supreme Court’s recently concluded and upcoming terms as we approach the 2020 presidential election.

Moderator: Karli Eisenberg, Office of the Attorney General, Sacramento, CA

Speakers:

• Professor Eugene Volokh, UCLA School of Law
• Dean Vikram Amar, University of Illinois College of Law

Learn about the latest developments in anti-SLAPP law, with a focus on California Supreme Court decisions and selected Court of Appeal opinions issued within the last 12 to 15 months.

Speakers:

• The Honorable Anne H. Egerton, Second District Court of Appeal, Division 3, Los Angeles, CA
• The Honorable Ignazio J. Ruvolo (Ret.), JAMS, San Francisco, CA
• Gary Watt, Hanson Bridgett LLP, San Francisco, CA