Mira Hashmall will be speaking at the 8th Annual Advanced Appellate Program, a two-part webinar presented by Pincus Professional Education. The program will be held on February 7 and 9, 2023 from 1:00 pm to 4:30 pm on both days. Mira’s panel, including Justice John Segal of the California Court of Appeal, will speak on February 7th at 3:30 p.m. on the topic of Appeals from TROs & Preliminary Injunctions: Practice Points & Pitfalls.
Designed for intermediate to advanced level practitioners, this two-part webinar will delve into essential appellate topics, such as sealed and confidential records, arguing against the grain, raising new issues on appeal, and serving as appellate counsel in the trial court, among others.
The program organizer, Pincus Pro Ed, has created a 10% off “Friend of the Speaker” discount for us to pass along. To receive the discount code, please contact us at Info@millerbarondess.com. Pincus also provides additional discounts for law firms sending four or more attorneys.
To view a detailed agenda, register for the event, or pre-order the recording, visit the Pincus website.
CA MCLE Credit: 6.5 hours of General and Certified Legal Specialist credit in Appellate Law and .75 units of Ethics.
Part 1: Tuesday, February 7, 2023
1:00 p.m. – 1:45 p.m.
Ethics Update
Harry Chamberlain and Effie Cogan
- The substantial relationship test and informed consent after Sheppard Mullin v. J-M Manufacturing – when it gets real on appeal.
- Arguing potentially adverse interests on behalf of multiple clients.
- Duties of competence, candor and disclosure to clients and the tribunal.
1:45 p.m. – 2:15 p.m.
Sealed and Confidential Records: Keeping Your Client’s Secrets Out of the Public Eye in the Court of Appeal
Susan Horst
- Whose Job is it?
- Sealed v. Confidential — Is there really any difference?
- What can and cannot be closed to public inspection? (AKA The Pitfalls of Trial Court Stipulated Confidentiality Orders).
- Writing and redacting your argument.
2:20 p.m. – 3:20 p.m.
Arguing Against the Grain:
How to Argue Against Stare Decisis and How to Argue Against a Petition for Review When There is a Split of Authority.
Ben Shatz and Justice Michael Raphael, and CA Supreme Court Justice Ming Chin (Ret).
- Is stare decisis dead, gravely ill, or “doing just fine, thank you”?
- When is stare decisis at its strongest or weakest?
- What tests and factors do courts use when considering reversing established precedent?
- What differences are there between CA and federal courts?
- What factors can be argued that review should not be granted despite a clear split in published cases
3:30 p.m. – 4:30 p.m.
Appeals from TROs and Preliminary Injunctions: Practice Points & Pitfalls
Gary Watt and Mira Hashmall, with Justice John Segal commenting
- Appealable orders
- Non-appealable orders
- Standards of Review
- Standards of Review exceptions
- Heightened Review
- More Limited Review
- The Problem of Mootness
Part 2: Thursday, February 9, 2023
1:00 p.m. – 2:00 p.m.
Raising New Issues on Appeal
Michael Colantuono and Justice Kathleen Banke
- Jurisdictional issues
- Mootness
- Standing
- Judicial notice
-Legislative history - New arguments on preserved issues
-If legal
-In the absence of prejudice - Questions of law on undisputed facts
-To facilitate affirmance
-Discretionary - Evidentiary issues
- Instructional issues
- Insufficiency of the evidence
- Inconsistent jury verdicts
2:05 p.m. – 2:50 p.m.
What Not to Do in Briefing and Oral Argument.
Dan Bromberg and Justice John Segal
*Check back soon for more info on this session!
3:00 p.m. – 3:45p.m.
Covid-19 and the Appellate Courts: What is the New Normal?
Justice Elizabeth Grimes and Kent Richland
- An update on oral argument formats in each court
- What justices prefer and why
- Suggestions on best practices for arguing remotely
3:45 p.m. – 4:30 p.m.
Serving as Appellate Counsel in the Trial Court
Judge Kira Klatchko and Peder Batalden
- How can an appellate lawyer be of greatest benefit to trial counsel?
- Should an appellate lawyer ever play the lead role in the trial court?
- What do trial judges make of appellate counsel’s involvement?