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Litigation Section

News from the Section

A Week in Legal London

May 7-12, 2017

A Week in Legal London, May 7-12, 2017The 2017 “A Week in Legal London” program provides an unparalleled behind the scenes exposure to the English legal and court system and is designed to compare and contrast the law as it is applied to California to the original source of our common law in England in an effort to provide our participants with a better understanding and applicability of the law in California.

The program is a combination of formal educational sessions, as well as court rotations in which the participants have a chance to observe trials in progress and meet with the presiding judge and the barristers trying the cases. Sessions will take place at the Royal Courts of Justice, Old Bailey, the High Court of Justice, and the Supreme Court. The week concludes with a Gala Dinner in the House of Lords Private Dining Room in Parliament.

This program will fulfill your three year MCLE requirement with a combination of participatory and online credits.

Reserve your spot now! www.aweekinlegallondon.comParticipation is limited to 60 full program registrants. 

 Due to the nature of our exclusive access, the final agenda for A Week in Legal London is under development. For pricing and information, contact Michelle McFadden at or call 415-848-7815.

Webinar Replay: How to Win at Arbitration: Practical Tips for Litigators in Arbitration

Friday, January 6, 2017, 12 noon - 1:05 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance to participate.

A tutorial on the differences between trial work and arbitration, including the differences, best practices for arbitration, as well as an overview of key AAA & JAMS arbitration rules.

Speakers: Andrew S. Azami and J. Craig Crawford

Webinar Replay: The Defend Trade Secrets Act of 2016: How Will It Change Trade Secret Litigation?

Monday, January 9, 2017, 12 noon - 1:15 p.m.

This program offers 1.25 hours participatory MCLE credit. You must register in advance to participate.

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA creates a civil private right of action in federal court for trade secret misappropriation. Among many interesting aspects of the DTSA is the availability of seizure orders upon ex parte application in extraordinary circumstances. The panel will discuss strategic and practical considerations for trade secret actions after the DTSA.

Moderator: Michael F. Kelleher
Speakers: Hon. Laurel Beeler, Patrick Premo and Douglas Sullivan

Webinar Replay: How Your Request for a Statement of Decision May Make or Break Your Appeal

Wednesday, January 11, 2017, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit and 1 hour legal specialization credit in Appellate Law. You must register in advance to participate.

Statements of decision play increasingly important role in litigation, and can make or break an appeal.  Learn about the common mistakes frequently made both by trial courts and lawyers in the statement of decision process, and how that process impacts a subsequent appeal. The speakers will explain how to avoid common mistakes and how to handle the statement of decision process like a pro.

Speakers: Jewell Hargleroad, Paul J. Killion and Kira Klatchko

Webinar: New and Important Changes to Expert Deposition Statute for 2017

Thursday, January 12, 2017, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit including 0.5 hour in Legal Ethics. You must register in advance to participate.

Panel discussion lead by former Section Litigation Chairs discussing the new requirements for production of an expert’s file 3 days before deposition.

Speakers: Robert M. Bodzin and Carol Kuluva

Webinar: Mediation Confidentiality and Privilege: Malpractice Issues

Friday, January 13, 2017, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit in Legal Ethics. You must register in advance to participate.

This webinar will discuss malpractice issues lurking in state and federal mediation confidentiality and privilege that are unknown by most litigators.  Panelists Erica Bristol and Phyllis Pollack will discuss the California Law Revision Commission’s proposed exception to mediation confidentiality for attorney misconduct; differences in state and federal mediation confidentiality and privilege; advising clients on these matters; and ethical issues could create malpractice liability for the unwary litigator.

Moderator: Erica Bristol
Speaker: Phyllis Pollack

Webinar: Ethical Pitfalls in Gathering Proof

Tuesday, January 17, 2017, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit in Legal Ethics. You must register in advance to participate.

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

Webinar: Your First Appeal: Tips From Inside the Courts of Appeal

Friday, January 20, 2017, 11 a.m. - 12 noon

This program offers 1 hour participatory MCLE credit and 1 hour legal specialization credit in Appellate Law. You must register in advance to participate.

The presentation will cover the following topics:  starting an appeal, designating the record, appellate motions, e-filing, effective brief-writing, tips for oral argument, supplemental briefing, post-opinion options such as rehearing petitions and petitions for review, and internal procedures of the courts.

Speakers: Syda Kosofsky Cogliati and Todd Thompson

Webinar: Updates In Class Action Food Litigation

Monday, January 23, 2017, 10 a.m. - 11 a.m.

This program offers 1 hour participatory MCLE credit. You must register in advance to participate.

Food law, particularly purported class actions, is ever changing and growing in scope, affecting the contours of class action litigation in general.  The focus of food purported class actions continued to involve “natural” claims, but increasingly claims regarding trans fats, slack-fill, sugar and “healthy” are coming to the fore.

Moderator: Christopher Van Gundy
Speaker: Maria Jhai and Benthany Kristovich

Webinar Replay: Trial Admissibility of Electronically Stored Information

Tuesday, January 24, 2017, 12 noon - 1:05 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance to participate.

How can you properly authenticate social media, text messages, and email at trial? What is the “original writing” of electronically stored information? How do you overcome hearsay objections to social media status messages?

Speakers: Josh Gilliland, Hon. Patricia M. Lucas, and W. George Wailes

Webinar: Current USDA Cases and Topics

Wednesday, January 25, 2017, 10 a.m. - 11 a.m..

This program offers 1 hour participatory MCLE credit. You must register in advance to participate.

Although the rise of food law and food litigation primarily has involved FDA regulatory oversight, USDA issues have begun to play a role as well.

Moderator: Christopher Van Gundy
Speaker: Brian Sylvester

Webinar Replay: Core Skills: Winning with Trial Presentation Technology

Thursday, January 26, 2017, 11 a.m. - 12 noon

This program offers 1 hour participatory MCLE credit. You must register in advance to participate.

This program will show you how to use trial presentation technology to improve every aspect of your trial advocacy.  Learn about:

  • The “CSI effect” and how you can harness it to improve your effectiveness
  • Key techniques like call-outs and highlights, timelines, videos, animations and diagrams to make your case
  • When to use “old school” easels and boards
  • The best software and hardware to make your case visually 
  • What you need to bring to court

Moderators: Thomas Greene and Michael F. Kelleher
Speakers: Carol Bauss and Miles B. Cooper

Webinar: Improved Expedited Jury Trials – Exploring Recent Changes

Thursday, January 26, 2017, 12:15 p.m. - 1:15 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance to participate.

Judge Mary House, an original champion of Expedited Jury Trials (“EJT”), will unpack the recent rules expanding the use and application of EJT and help to identify when you and your clients can benefit from the use of this efficient, streamlined process.

Moderator: Mary McKelvey
Speaker: Hon. Mary House

On-line Billing and Payment for 2017 Fees

The State Bar will be launching  a new on-line billing and payment application for 2017 fees.  Paper billing statements will not be sent to members. Instead, statements will be available online through My State Bar Profile. Individual members will continue to be able to make payments online through My State Bar Profile. Attorneys should make sure that the email they have provided for State Bar communications is up to date.

Law firms and agencies will be able to use the State Bar’s new Agency Billing system where they can calculate billing costs and make payments for a group of attorneys.

Please be sure your Section Membership Fees are included in your payment.

Once an attorney’s fees are paid, a paper bar card will be conveniently available for download through My State Bar Profile. Plastic bar cards will still be made available, but only upon request and can also be ordered through My State Bar Profile.

The online billing system makes it easier than ever for individual attorneys and agencies to help make the justice system available to everyone.  When paying your bill, please consider making a contribution in support of legal services for low income Californians.  Your support is a lifeline that can help prevent homelessness, keep kids in school, protect elders from fraud and abuse, and connect veterans to services, among other critical legal assistance.

It is anticipated that the on-line agency and billing application will be available through the State Bar’s website by mid-December.

Go to for more information, or contact Member Records and Compliance at 1-888-800-3400.

Become the Best Litigator You Can Be!

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, and join the section or renew your membership.

Thank You for Being a Section Member - Here's 6 Hours MCLE in Legal Ethics!

We're very grateful for your membership in the Section. As a token of that, we're offering six hours of self-study MCLE credit in the area of Legal Ethics. The programs are posted in our Member's Only Area.

Simply watch the programs and read the accompanying materials, and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.

Member Benefit -  "Giving a Deposition" Video 

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".

Other News

California Litigation

California LitigationThe 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

California Litigation

California Litigation Review

California Litigation Review comes 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.

Save Money with CEB

CEB Discount Program for Section MembersContinuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Litigation Section, you're eligible for:

  • 10% off selected CEB print or online books
  • A rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket

A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area. Information about the section dues rebate program can be found on the CEB Web site.

Contact Us

Litigation Section
State Bar of California
180 Howard Street
 San Francisco,  CA  94105-1639
FAX 415-538-2368

The Litigation Section is a State Bar of California-approved MCLE provider.

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