Mira Hashmall will be speaking at the 7th Annual Advanced Appellate Program, a two-part webinar presented by Pincus Professional Education. The program will be held on February 15 and 17, 2022 from 1:00 pm to 4:30 pm on both days. Mira’s panel, including three Justices of the California Courts of Appeal, will speak on February 17th on the topic of Dealing with Difficult Oral Arguments and Pandemic Lessons.
Designed for intermediate to advanced practitioners, this two-part webinar will delve into essential appellate topics, such as appealable orders, writs, decision options and more, what to do when you have a divided panel and other oral argument challenges, and a behind the scenes look at the 9th Circuit, 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 15
Appealable Orders in Depth
- The Collateral Order Doctrine
- The One Final Judgment Rule Exceptions
More on Writs: Decision Options and Related Issues
- Writs of discovery rulings
- Writs and appeals of good-faith settlement determinations
- The toolbox of dispositions available
- At what point does the trial court lose jurisdiction?
- What orders/dispositions by the DCA are law of the case?
- When are the various DCA orders final?
More on Forms of Relief from the CA Supreme Court, Beyond the Grant of Review
- Alternative paths to review
- Supervision of the DCAs
- De-publication and sua sponte review
- Dismissal of review as improvidently granted
- Judicial Notice and new evidence on appeal
- Case management issues
- Extraordinary Writs
Advanced Topics in Standards of Review
- Are the standards of review really neutral?
- Neutrally applied principles
- Tips on arguing a favorable standard be applied
Part 2: Thursday, February 17
Preclusion
Behind the Scenes at the 9th Circuit
- Recent rule changes
- Latest court statistics
- The court’s screening panel process
- The court’s motions panel process
- Internal processes for court mediations
- How clerks evaluate cases in chambers
- Most common electronic filing errors
- Handling sealed filings
- En banc proceedings from the inside
Dealing with Difficult Oral Arguments and Pandemic Lessons (Mira)
- How to argue when the precedent is against you
- Not following supreme court precedent – when and why
- When the petitioner has a split of authority favoring review – then what
- How to best use unpublished or non-precedential authorities
- Online arguments from the bench’s perspective
- The Divided Panel: What to do
- Top 5 awkward moments during OA and ideas for handling them
Party Counsel and Amici Curiae Ethics
- Amicus brief funding
- Coordination with Amicus counsel
- Simultaneous representation of a party and amicus curiae
- State and federal court disclosure requirements