"One of the best programs I have attended in years. Very good overview of SLAPPs and practical considerations discussed."
"Outstanding! Very, very helpful! All speakers are excellent." David S. White, Esq.
"Good overview of intent of the law & unintended consequences." Elena Gerli, Esq.
"Excellent program. Outstanding speakers and content."
"Very satisfied. I knew very little about this topic. Case cites & practical application was helpful."
"This is exactly what I was looking for. You were right on!" Charles R. Barrett, Esq.
"Practical and substantive information."
"Helpful appellate perspective."
"Tricky subject; well qualified panel."Peter Israel, Esq.
"Excellent- on point and well presented."
"Great job everyone!" Eva J. Lee, Esq.
"Good explanation of statute and application."
"Very thorough and aimed at nuts and bolts."
Dates and Times
To Be Announced
SLAPPs (Strategic Law Suits Against Public Participation) have proliferated in California over the past two decades. In fact, these suits are so popular, there is even a new litigation response, the “SLAPPback.” It is important to know what is involved in this type of suit and how to either file one as a plaintiff, or respond to one on behalf of your client.
This seminar is taught by a long-term career court attorney for the California Appellate Court, a superior court Judge and experienced practitioners. The program gives you an in-depth look at both sides of the coin when dealing with a SLAPP suit.
Topics to be covered in this seminar include:
- The background and history of the SLAPP motion
- Exceptions to SLAPP motions
- The two prongs of a SLAPP motion and identifying the "gravamen" of the cause of action
- How make and oppose SLAPP discovery motions the right way
- What to expect at the SLAPP motion hearing and how to prepare for it
- What happens when the motion is granted or denied
- Appealing the SLAPP decision
- A step-by-step guide for defendants wanting to file a SLAPP motion
- A step-by-step guide for plaintiffs needing to respond to a SLAPP motion
- SLAPPback suits and motions under CCP 425.18
- Making and defending motions for attorney fees
- Using expert witnesses for attorney fee motions
Los Angeles Agenda
• The background and history of the SLAPP motion
• The two prongs of a SLAPP motion
• What to expect at the SLAPP motion hearing and how to prepare for it
• What happens when the motion is granted or denied
• Fees and costs
• Appealing the SLAPP decision
• A step-by-step guide for defendants wanting to file a SLAPP motion
• A step-by-step guide for plaintiffs needing to respond to a SLAPP motion
• SLAPPback suits and motions under CCP 425.18
• Exceptions to SLAPP motions
• Recent Significant Cases
• Understanding the background and history of anti-SLAPP
• The two prongs of an anti-SLAPP motion
• Step-by-step guide for defendants wanting to file an anti-SLAPP motion
• Step-by-step guide for plaintiffs needing to respond to an anti-SLAPP motion
• Anti-SLAPP motions in federal court
• Appealing the anti-SLAPP decision in federal court
• Appealing the anti-SLAPP decision in state court
• Exceptions to the anti-SLAPP statute
• Making and defending motions for attorney fees
• SLAPPback suits and motions under CCP 425.18
Pincus Professional Education certifies this seminar has been approved for 6.0 hours of MCLE credit in California, including 0.5 hour of Ethics credit.
Upon request, we will assist attorneys in asking for CLE credit in other states.
Faculty:Philip L. Goar, Esq.
Senior Judicial Attorney
California Court of Appeal
Since 1983, Mr. Goar has been a senior judicial attorney at the California Court of Appeal. He is certified as an appellate specialist by the State Bar of California Board of Legal Specialization and has been a speaker and panelist at numerous programs sponsored by the State Bar, L.A. County Bar, CEB and CJER. Mr. Goar received his Juris Doctor degree from the University of Southern California in 1967. Mr. Goar spent thirteen years in Legal Services programs for the poor including the Legal Aid Foundation of Long Beach, the National Senior Citizens Law Center and the Western Center for Law and Poverty where he was Director of Litigation from 1972 to 1976.
Los Angeles Superior Court
The governor appointed Judge Hogue to the Superior Court in May 2002. She has presided in an I/C general jurisdiction civil assignment since January 1, 2010, and served on various court committees, including the Los Angeles Superior Court Media Committee (Chair since 2007), LASC’s Trial Jurors Committee, California Judges Association’s Midyear Planning Committee (Chair 2009), CJER’s Court Security Education Committee (2006-09), CJA’s Annual Meeting Planning Committee (2004-2006, 2008), and CJA’s Education Committee (2006-2007).
Prior to her appointment, Judge Hogue was with the firm of Pillsbury Winthrop LLP (fka Pillsbury Madison & Sutro; Lillick & McHose). She acted as Lead Counsel representing plaintiffs and defendants in complex trial and appellate business cases in state and federal courts (First Amendment, media defense, employment, intellectual property, real estate, contracts, frauds, class actions, and other commercial disputes). Clients included individuals, television networks, publishers, financial institutions, advertising agencies, manufacturers, and other business entities. Ms. Hogue was Co-Chair of Pillsbury Winthrop's Intellectual Property Group in high-profile cases involving celebrities such as Kareem Abdul-Jabbar, Vanna White, Neil Armstrong, Warren Beatty, Tom Cruise, and Arnold Schwarzenegger. She also acted as Mediator in 75+ business and intellectual property cases.
Judge Hogue received her J.D. from Duke University, 1979.
Law Offices of James J. Moneer
James J. Moneer, Esq. has been representing plaintiffs and defendants in all aspects of anti-SLAPP cases throughout California since 1994 - a year after section 425.16 became effective.
Mr. Moneer frequently testifies as an expert for parties making or opposing SLAPP fee motions. Mr. Moneer has successfully testified as an expert in legal malpractice cases arising from the grant and denial of SLAPP motions in the underlying case. He also handles civil appeals and writs.
Mr. Moneer has been recognized as an expert on California Anti-SLAPP law in Ramona Unified School Dist. v. Tsiknas (2005) 135 Cal.App.4th 510, 523-525 and Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400. He was lead counsel in five published anti-SLAPP decisions, including one before the California Supreme Court. Soukup v. Hafif (2006) 39 Cal.4th 260. He was amicus counsel before the High Court in numerous other SLAPP cases.
He is a frequent lecturer on the topic, teaches anti-SLAPP law at University of San Diego School of Law, and has published numerous articles on the subject. He is sought out by firms to provide in-house training in anti-SLAPP matters to their attorneys.
Visit Jim's WEBSITE: http://www.SLAPPLAW.com
Visit Jim's BLOG and sign up for feeds: http://slapplaw.blogspot.com
Partner & Appellate Practice Group Co-Chair
Manatt, Phelps & Phillips, LLP
Mr. Shatz is a California State Bar Certified Appellate Specialist.
Mr. Shatz is Co-Chair of Manatt’s Appellate Practice Group. He has briefed hundreds of civil appeals, writs and petitions to the U.S. Supreme Court, U.S. Courts of Appeals, California Supreme Court and California Courts of Appeal, covering areas of law including entertainment, copyright, trademark, employment, land use, banking, insurance, product liability, professional liability, wrongful death, punitive damages, class actions, anti-SLAPP and unfair competition.
Before joining Manatt, Mr. Shatz was in the appellate department of an international law firm. He also served as law clerk to The Honorable Robert J. Johnston, United States Magistrate Judge for the District of Nevada, and as extern to The Honorable Dorothy W. Nelson, United States Court of Appeals for the Ninth Circuit. He is a frequent lecturer and author, having been published in California Litigation, California Lawyer, Los Angeles Lawyer, Inside Counsel, The Daily Journal, The Recorder, For the Defense, California Defender, CEB Civil Litigator Reporter, and many other legal publications.
State Bar Certified Specialist in Appellate Law
Weintraub Tobin Chediak Coleman and Grodin
Brendan spearheads the Appeals and Writs group at Weintraub Tobin and is a member of his firm’s labor and employment, probate and trusts, and litigation groups. He is an Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization and previously was President of the Sacramento County Bar Association’s Appellate Practice Section. He has handled a number of anti-SLAPP motions and appeals, one of which resulted in a published opinion. See Vergos v. McNeal, 146 Cal. App. 4th 1387 (2007).
Brendan has delivered numerous public presentations to lawyers, executives, managers, and supervisors on the topics of anti-SLAPP motions, appellate law, and best employment practices. He is a senior contributing editor to The Rutter Group’s California Practice Guide on Employment Litigation. He is admitted to the State Bar of California, the U.S. Court of Appeals for the Ninth Circuit, and the U.S. Supreme Court.
In litigation, Brendan has prevailed on numerous anti-SLAPP and dispositive motions and saw two jury trials through to successful verdicts. At the appellate stage, he has handled both briefing and oral argument before all manner of appellate courts. The U.S. Supreme Court granted Brendan’s petition for a writ of certiorari that led to the high court hearing and resolving the “Pledge of Allegiance” case in Elk Grove Unified School District v. Newdow, 540 U.S. 945 (2003).
Brendan received his J.D. (with honors) from the University of California at Davis, where he was a law-review writer. Prior to law school, Brendan worked as a newspaper reporter for The Sacramento Daily Recorder. While in law school, he worked as a law clerk at the U.S. Attorney’s Office for the District of Hawaii. After law school, he served as a judicial clerk to the Honorable John M. Gerrard, Associate Justice of the Nebraska Supreme Court, and later as a judicial clerk to the Honorable Connie M. Callahan, Circuit Judge for the U.S. Court of Appeals for the Ninth Circuit.
United States Court of Appeals for the Ninth Circuit
As the first judge from the Eastern District of California to sit on the Court of Appeals since the elevation of the Honorable Anthony M. Kennedy to the Supreme Court on February 3, 1988, Judge Consuelo Maria Callahan was appointed to the United States Court of Appeals for the Ninth Circuit by President George W. Bush on May 22, 2003. Judge Callahan maintains her chambers at the United States Courthouse in Sacramento. She has participated in numerous SLAPP cases as an appellate jurist, both at the Ninth U.S. Circuit Court of Appeals and the California Court of Appeal. See, e.g., Phoenix Trading, Inc. v. Loops LLC, ___ F.3d ___, 2013 U.S. App. LEXIS 20320, 2013 WL 5495695 (9th Cir. Oct. 4, 2013); Manufactured Home Cmtys., Inc. v. County of San Diego, 544 F.3d 959 (9th Cir. 2008); Simmons v. Allstate Ins. Co., 92 Cal. App. 4th 1068 (2001).
Judge Callahan’s notable career has included the following key posts: Admitted to California Bar in December 1975; deputy city attorney, City of Stockton, 1975-76; deputy district attorney, San Joaquin County, 1976-82; supervisory district attorney, San Joaquin County, 1982-86; court commissioner, Municipal Court of Stockton, 1986-92; judge, California Superior Court, 1992-96; associate justice, California Court of Appeal for the Third Appellate District, 1996-2003; appointed by Chief Justice of California to serve as Pro Tem Justice to the California Supreme Court, May 1998.
Judge Callahan’s numerous professional involvements include: Board of Governors, San Joaquin County Bar Association, elected position held from 1983-1985; Treasurer and Board of Governors, Women Lawyers of San Joaquin County, elected position held 1980-1986; Stanford Women’s Association; California Women Lawyers; Sacramento Women Lawyers; CJER Conference on Children as Victims and Witnesses, Planning Committee; Member of Civil Institute Planning Committee, California Center for Judicial Education and Research, 1994-1995; Chairperson for 1994 Northern California Civil Law and Procedure Workshop; Member of Executive Legislative Action Network, Judicial Council of California, 1994-1996; California Judges Association, 1986 to present; Member of Executive Board of California Judges Association, 1995-1996.
Judge Callahan is highly involved with the community, including: Regent for the University of Pacific, 2005-present; San Joaquin County Child Abuse Prevention Center, past Board Member and President; Judge for “Red Ribbon Week” Competition, yearly campaign to prevent substance abuse; Master of the Bench, Anthony M. Kennedy Inn of Court; Judge for UC Davis Moot Court Orals, Texas Young Lawyers Association Regional Trial Competition, and Northern California High School Moot Court finals; Co-organizer of Government Day for Kids held May 15, 1998; Rotary International (Downtown Stockton); San Joaquin County Domestic Task Force; President of the McGeorge Alumni Association; and the Anthony M. Kennedy American Inn of Court (President from 2000 to 2003).
Judge Callahan received recognition by Governor Deukmejian for her work in establishing Victim-Witness Mobile Unit. She received the Susan B. Anthony award for legal services in 1987, the Juvenile Justice Commission award for her work in the fields of child abuse and sexual assault, and the Peacemaker of the Year Award from San Joaquin County Mediation Center in 1997. She has been an Instructor for the California Judicial Education and Research; an
Instructor for Delta College Police Academy; and a Lecturer at the University of the Pacific, UC Davis Law School, Humphreys College of the Law, and Delta College. She authored “Women in Law,” 1973, and is one of the four authors of The Rutter Group’s California Practice Guide on Employment Litigation.
Judge Callahan earned her LL.M. from University of Virginia School of Law, her J.D. from the University of the Pacific, McGeorge School of Law, and her B.A. from Stanford University.
Founder and Director
California Anti-SLAPP Project (CASP)
Mark Goldowitz is founder and Director of the California Anti-SLAPP Project (CASP). CASP is a public interest law firm that has been dedicated to representing SLAPP defendants and advocating for a broad construction of the anti-SLAPP statute in California since its enactment. He is widely considered a leading expert on California’s anti-SLAPP law.
CASP led the coalition to draft and win enactment of the anti-SLAPP law in 1992, which passed resoundingly, as well as strengthening amendments in 1997 and 1999, which passed unanimously. CASP also co-sponsored SB 789 (Kuehl) in 2002, which was intended to prevent corporate abuse of the anti-SLAPP law. SB 789 was vetoed by the Governor, who then signed substantively the same bill in 2003, SB 515 (Kuehl), which enacted CCP § 425.17. The main change in the 2003 legislation from 2002, creating new section 425.17, was primarily drafted by Goldowitz.
Goldowitz and his clients have prevailed in eight published opinions under the anti-SLAPP statute, including two decisions by the California Supreme Court - Briggs v. Eden Council for Hope & Opportunity (1999) 19 Cal.4th 1106, and Barrett v. Rosenthal (2006) 40 Cal.3d 33. His anti-SLAPP expertise has also been recognized in four appellate opinions.
Goldowitz practices throughout California and is admitted in the U.S. District Courts in the Northern, Eastern, and Central Districts of California, and in the Ninth Circuit Court of Appeals. He has published numerous articles on anti-SLAPP law and frequently lectures on the subject. Prior to founding CASP, he was in private practice and was also Executive Director of the Contra Costa Legal Services Foundation. He graduated from Harvard Law School in 1972.
Goldowitz is also the founder and President of the Board of the Public Participation Project, which is leading a campaign for enactment of federal anti-SLAPP legislation. (www.anti-slapp.org)
Visit CASP’s website
Partner & Certified Specialist, Appellate Law & Legal Malpractice Law
Boyd & Kimball, LLP
Betsy S. Kimball is a partner in the Sacramento law firm of Boyd & Kimball, LLP, where her practice focuses on the representation of lawyers and on appellate and writ matters. She was involved in her first anti-SLAPP appeal in 1998, and has handled and also consulted with other law firms in anti-SLAPP litigation and appeals ever since.
Ms. Kimball is the only attorney in California who is presently certified as a specialist in both Appellate Law and Legal Malpractice Law by the State Bar of California, Board of Legal Specialization. She has served a three-year term on the State Bar of California’s Committee on the Appellate Courts. She is a 2011 Northern California and Sacramento Super Lawyer.
Ms. Kimball regularly speaks to members of the legal community on law practice management issues, legal malpractice avoidance, and ethics issues, recently including programs sponsored by the Sacramento Valley Paralegal Assn, the Capitol City Trial Lawyers Assn, and others.
Ms. Kimball received her B.A. degree from the University of California, Berkeley, and her law degree from the University of Francisco.
What attendees have said about this seminar:
"Excellent panel & materials."
"Speakers were extremely informative."
"Very informative & practical." M. Wolf, Esq.
"Helpful perspective from Judge's position."
"The content was good and helpful."
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