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Friday, May 26, 2017
An en banc D.C. Circuit weighs the Consumer Financial Protection Bureau's constitutionality, explains Mike Calhoun (Center for Responsible Lending); Ben Davidson (Davidson Law Group) discusses how SCOTUS' re-endorsement of narrow patent venue rules shifts the IP litigation landscape in favor of defendants

Friday, May 19, 2017
The 4th Circuit's undoing of North Carolina's post-Shelby County voting laws stands; Prof. Richard Hasen (UCI Law) explains the novel legal doctrine that remains good law after Monday's cert denial. Prof. Adam Zimmerman (Loyola Law) discusses how SCOTUS' latest arbitration ruling may slightly expand the Court's endorsement of the practice

Friday, May 12, 2017
What's in a week? The Cal. Supreme Court clarifies what's demanded of employers by weekly day-of-rest statutes, as Wendy McGuire Coats (Fisher Phillips) explains; Gonzalo Martinez (Squire Patton Boggs) outlines a new CASC grant that will clarify latitude the state has when altering public employee pensions

Friday, May 5, 2017
Net neutrality may meet SCOTUS review, after the D.C. Circuit declines to rehear en banc its approval of the rules. Professor Stuart Benjamin (Duke Law) explains the current regulations, the First Amendment elements of the appeal, and why ISPs may pursue it though the new FCC chair seems set to re-write the rules. Professor Deborah Sivas (Stanford Law) discusses the Cal. Supreme Court's latest look at how developers must reckon with the state's long-range greenhouse gas reduction targets

Friday, April 28, 2017
Two friends of the Court offer contrasting views on the Cal. Supreme Court personal jurisdiction ruling argued before SCOTUS Tuesday: Prof. Andrew Bradt (UC Berkeley Law) advocates affirmance, and a flexible specific personal jurisdiction doctrine; Fred Hiestand (Civil Justice Assn. of Cal.) argues the rule should entail a causal link, and that California's high court should be reversed.

Friday, April 21, 2017
Professor David Engstrom explains CalPERS v. ANZ Securities, which entails Neil Gorsuch's first day of oral argument and represents SCOTUS' latest treatment of class action procedure; Audra Ibarra discusses why, after Kabran v. Sharp Memorial Hospital, not all mandatory rules are jurisdictional, and how that impacts your next motion for new trial

Friday, April 14, 2017
Is it a tax or a fee? Adam Hofmann (Hanson Bridgett LLP) explains how the CASC's answer in Jacks v. City of Santa Barbara could dramatically impact California cities; Ben Davidson (Davidson Law Group) discusses why SCOTUS' decision rendering the laches defense unavailable in patent claims makes defendants unduly vulnerable

Friday, April 7, 2017
Presiding Justice of the 2nd District Court of Appeal's 6th Division, Arthur Gilbert offers wit and wisdom from his decades on the bench, guidance on best appellate practices, and an explanation of how he's maintained his mirthful monthly Daily Journal column for nearly 30 years.

Friday, March 31, 2017
For the first time, Cal. Supreme Court says black market goods have "fair" market value, for purposes of Prop 47 valuation, explains Laura Arnold (Riverside County Dep. Public Defender); Matthew Blackburn (Diamond McCarthy) details a critical SCOTUS fight over patent venue that's attracted more than 30 high-profile amici

Friday, March 24, 2017
Vikram Amar (Dean, Univ. of Illinois College of Law) and David Dorsen (Of Counsel, Sedgwick LLP, and author of The Unexpected Scalia: A Conservative Justice's Liberal Opinions) dissect the Gorsuch confirmation hearings: their partisan rancor, frustrating paucity of substance, and potential generational impact

Friday, March 17, 2017
Josh Patashnik (Munger, Tolles & Olson) explains the 9th Circuit's significant determination that Winters rights apply to groundwater; Jeffrey Aaron (Office of the Federal Public Defender) describes a narrow evidence rule exception SCOTUS has created allowing impeachment of verdicts influenced by jurors' racial animus.

Friday, March 10, 2017
Luke Wake (NFIB Small Bus. Legal Center) argues why plaintiffs' claims in a pending Cal. Supreme Court employment case stretch Labor Code "day of rest" protections too far; Will Jay Pirkey (Dep. City Atty, LA) explains how the court's recent decision in Perry v. Bakewell Hawthorne LLC makes untimely expert disclosure more likely to torpedo your summary judgment defense

Friday, March 3, 2017
Tony François (Pacific Legal Foundation) discusses Monday's state high court ruling that clarified procedural elements of the California Endangered Species Act, settling an area of administrative law Francois described in an amicus brief as 'in disarray' after a convoluted intermediate court decision.

Friday, February 24, 2017
Encore Presentation: California Chief Justice Tani Cantil-Sakauye shares thoughts on best appellate practices; 46th Solicitor General Donald Verrilli reflects on his time arguing the U.S. government's position before the Supreme Court in consequential cases on marriage equality, immigration, healthcare, and voting rights

Friday, February 17, 2017
Gary Kinder, noted legal writing instructor, founder of the editing software WordRake, and New York Times bestselling author of the true crime classic Victim: The Other Side of Murder, visits to share his thoughts on how attorneys can make their writing more compelling, concise, and effective

Friday, February 10, 2017
Veteran immigration attorney Carl Shusterman, with experience as an INS trial attorney and more than 30 years at his eponymous firm, joins the podcast for a wide-ranging discussion about the many aspects of immigration policy beginning and soon to change under President Trump

Friday, February 3, 2017
Anna-Rose Mathieson (California Appellate Law Group) discusses U.S. Supreme Court arguments over disparaging trademarks and free speech in Lee v. Tam; John Whitesides (Angelo, Kilday & Kilduff) chats qualified immunity and interlocutory appeals, after a terse Supreme Court reversal critiques lower courts' consistent misapplication of the doctrine.

Friday, January 27, 2017
Donald Verrilli reflects on his time as U.S. Solicitor General under Barack Obama, revisiting salient victories for marriage equality and healthcare, and a defeat on voter protections. He also shares thoughts on Merrick Garland's neglected nomination, present political hostility, the future of healthcare, and his new role as founding partner of Munger, Tolles & Olson's Washington, D.C., office.

Friday, January 20, 2017
Professor Arthur Hellman (Univ. of Pittsburgh Law) and Benjamin Shatz (Manatt, Phelps & Phillips) assess the new administration and Republican Congress' likely impacts on the 9th Circuit, where four vacancies await Trump nominees. Professor Hellman and Mr. Shatz ponder a potential circuit schism, and just how much GOP appointees will influence a court often thought to lean left.

Friday, January 13, 2017
Neal Marder (Akin Gump) explains the Ninth Circuit's decision that administrative feasibility is not a prerequisite for class certification; Laura Reathaford (Venable), Richard Bridgford and Mike Artinian (Bridgford, Gleason & Artinian) debate the CASC's new bright-line rule regarding on-call employee rest breaks.

Friday, January 6, 2017
California Supreme Court Chief Justice Tani Cantil-Sakauye offers insight on effective appellate advocacy; Michael Risher (ACLU) describes why the state high court should rule that PRA requests can reach info on private devices of public employees.

Friday, December 23, 2016
Appellate Best Practices Holiday Encore: Justice Nora Manella (2nd App. Dist.) advises on effective appellate advocacy; Mark Haddad (Sidley Austin) offers insight on surmounting the particular challenges of SCOTUS appeals

Friday, December 16, 2016
Mark Haddad (Sidley Austin) on the exacting demands, particular strategies, and gratifying reward of SCOTUS appeals; Peter Altman (Akin Gump) chats "friends and family" insider trading liability after Salman v. U.S.

Friday, December 9, 2016
Justice Nora Manella chats life, law, and best appellate practices; Lisa Von Eschen (Lamb and Kawakami) on why the permissibility of class action statistical sampling needs clarity after Lubin v. Wackenhut

Friday, December 2, 2016
Wen Fa (Pacific Legal Foundation) contends carve outs in a California labor statute violate the U.S. Constitution's bill of attainder clause by targeting agriculture giants Gerawan and Fowler Packing; Myron Moskovitz (Moskovitz Appellate Team) on the benefits of taking a generalist's approach in specialized appeals

Friday, November 25, 2016
Thanksgiving encore presentation: Kirk Jenkins (Sedgwick LLP) chats about his firm's new blog quantitatively analyzing 16 years of state appellate rulings; Prof. Scott Dodson (UC Hastings) discusses his recent book The Legacy of Ruth Bader Ginsburg

Friday, November 18, 2016
Mitchell Keiter (Keiter Appellate Law) on why Prop 57's passage threatens public safety and 'fundamental notions of democracy and justice;' Royal Oakes (Hinshaw & Culbertson) describes how Nickerson v. Stonebridge foretells higher punitives in insurance bad faith actions

Friday, November 11, 2016
Benjamin Shatz (Manatt) reviews Monday's CASC habeas ruling in Maas v. Superior Court, an appeal the court heard on its own motion; David Balabanian (Morgan, Lewis & Bockius) offers advice on how to write your best brief

Friday, November 4, 2016
Kirk Jenkins (Sedgwick LLP) discusses his firm's new blog quantitatively analyzing 16 years of state appellate rulings; Luke Wake (NFIB Small Bus. Legal Center) addresses the limits of administrative power, after CASC arguments in Assn. of CA Ins. Companies v. Dave Jones

Friday, October 28, 2016
William Meronek (Riverside Cnty. Pub. Def.) discusses Harris v. Sup. Ct., and why successful Prop 47 petitions shouldn't re-open prosecutions; Professor Richard Marcus (UC Hastings Law) chats Picasso, French remedies, and foreign law in the Ninth Circuit

Friday, October 21, 2016
Michael Singer (Cohelan Khoury & Singer) voices CAFA concerns as the 9th Circuit applies state labor standards to "call-in" shifts; Neal Marder (Akin Gump) discusses Brazil v. Dole and potentially wider liability for companies labeling foods "All Natural."

Friday, October 14, 2016
Ian Fein (Orrick) chats the Ninth Circuit's new review standard for FOIA appeals after ALDF v. FDA; Prof. Scott Dodson (UC Hastings) discusses his recent book The Legacy of Ruth Bader Ginsburg as SCOTUS' new term opens

Friday, October 7, 2016
Kiran Seldon (Seyfarth Shaw) chats on-call rest breaks after CASC arguments in Augustus v. ABM; John Cannon (Stradling) considers the 9th's SEC v. Jensen and expansion of CEO/CFO liability after financial restatements

Tuesday, October 4, 2016
Our own appellate panel previews prominent battles before the U.S. Supreme Court this term: Justice Margaret Grignon (Ret.) (Grignon Law Firm), John Querio and Jeremy Rosen (Horvitz & Levy), and Rex Heinke (Akin Gump) discuss the lingering vacancy, housing discrimination, church and state separation, copyright, and regulatory takings as SCOTUS hears its first arguments

Friday, September 23, 2016
Jamie Lee Williams (Elec. Frontier Found.) advocates for en banc review in a broad computer fraud ruling, Facebook v. Power Ventures; Jeffrey Melching (Rutan & Tucker) chats a state appellate ruling of first impression, considering the value of municipal aesthetics

Friday, September 16, 2016
Laura Reathaford (Venable LLP) on conflicting class action waiver jurisprudence after Morris v. Ernst & Young; Ben Feuer (Cal. App. Law Grp.) concludes our summer SCOTUS series, previewing NLRB v. SW General

Friday, September 9, 2016
M.C. Sungaila (Haynes & Boone) chats CASC arguments over take-home asbestos liability; Anna-Rose Mathieson (Cal. App. Law Grp.) continues our SCOTUS preview series, with Rodriguez v. Jennings

Friday, September 2, 2016
Sharon Arkin (Arkin Law Firm) chats specific jurisdiction after Monday's Bristol-Myers CASC ruling; Michael Newman (Hinshaw & Culbertson) on a hotel worker wage order escaping NLRA preemption; and Gerry Mooney (Rutan & Tucker) on quiet title actions of void ab initio deeds

Wednesday, August 31, 2016
A special CAALA convention compilation episode regards three vital recent CASC rulings, on arbitrability of class actions, attorney fee recovery, and raw material tort liability and the sophisticated intermediate defense

Friday, August 26, 2016
Aaron Lachant (Nelson Hardiman) discusses federal medical marijuana prosecutions post-McIntosh, and Glenn Danas and Ryan Wu (Capstone Law APC) chat class action plaintiff compensation, as clarified by Laffitte v. Robert Half Int'l.

Friday, August 19, 2016
Rex Heinke (Akin Gump) discusses class arbitration after 'Sandquist;' Ben Feuer (Cal. App. Law Grp.) previews an OT2016 case considering the separation of church and state

Friday, August 12, 2016
Jean-Paul Jassy (Jassy Vick Carolan) discusses how a law against disparaging trademarks might fall; Anna-Rose Mathieson (Cal. App. Law Grp.) previews 'Moore v. Texas,' an OT2016 case considering when a defendant's mental handicap renders execution cruel and unusual

Friday, August 5, 2016
Brian Morris discusses prosecutorial immunity after 'Garmon v. Cnty of LA;' Ben Feuer previews an OT2016 case that regards race and capital punishment

Friday, July 29, 2016
Ben Feuer (Cal. App. Law Grp.) previews a Supreme Court copyright battle over cheerleading outfits, and Rex Heinke (Akin Gump) dissects the CASC's balancing of landowner rights and government agency access.

Friday, July 22, 2016
Justin Brown (Brown & Nieto), appellate counsel to Adnan Syed, chats long-shot criminal appeals; Ben Feuer (Cal. App. Law Group) previews OT2016's design patent rumble between Samsung and Apple

Friday, July 15, 2016
John Sledd (Kanji & Katzen, Seattle), lead attorney in a recent landmark environmental case from the Ninth Circuit, describes the ruling and its impact; and David Balabanian (Morgan, Lewis & Bockius) offers valuable brief-writing insights

Friday, July 8, 2016
Professor Jeffrey Fisher, co-director of Stanford Law's Supreme Court Litigation Clinic, helps wrap the show's coverage of SCOTUS' just-completed term, considering Utah v. Strieff's impact on the Fourth Amendment and the exclusionary rule. Hon. Jeffrey Winikow (Ret.) considers a recent employment ruling that renders summary judgment a less reliable resort for employer defendants, and David Gammill, of Geragos & Geragos discusses Ninth Circuit oral arguments in an appeal regarding the LA Sheriff's Department's obstruction of an FBI jailhouse investigation.

Friday, July 1, 2016
Professor Eileen Boris (UCSB) and Daralyn Durie (Durie Tangri) regard SCOTUS' momentous abortion rights ruling, and Peder Batalden and Felix Shafir (Horvitz & Levy) consider recent oral arguments in class actions against ride-share giant Uber

Friday, June 24, 2016
Guests Anna-Rose Mathieson (Cal. Appellate Law Group) and Professor Bill Hing (USF Law) discuss three of this week's consequential U.S. Supreme Court rulings, which regard affirmative action, immigration and overtime pay under the Fair Labor Standards Act

Friday, June 17, 2016
This week, Erwin Chemerinsky (UCI Law) reviews a 9th Circuit en banc ruling upholding California's concealed carry restrictions; Cheryl Burgess and Joe Cianfrani (Knobbe Martens) consider the future of enhanced patent damages after a U.S. Supreme Court ruling Monday; and Myron Moskovitz (Moskovitz Appellate Team) discusses the art of oral argument

Friday, June 10, 2016
This week's guests, M.C. Sungaila (Haynes and Boone), Gerald Sauer (Sauer & Wagner), and James Wagstaffe (Kerr & Wagstaffe) weigh in on two Cal. Supreme Court cases that have opin-ions filing imminently; one with massive stakes for defense attorneys involving the component parts doctrine, and the other further outlining anti-SLAPP contours.

Friday, June 3, 2016
Presiding Justice Anthony Kline reacts to the CASC's depublication rule change, Donald Falk explains what's at stake in a personal jurisdiction-related case up on argument Thursday, and Asst. Head Dep. District Attorney (LA) Bill Woods chats Batson/Wheeler after last week's USSC ruling in Foster v. Chatman

Friday, May 27, 2016
Don Willenburg (Gordon & Rees) joins to talk tort liability of raw materials suppliers in light of Webb v. Special Electric, and Rex Heinke (Akin Gump) speaks on whether anti-SLAPP protects city council votes. Brian also relays developments in other appellate cases, including Vergara v. California and People v. Franklin

Friday, May 20, 2016
This week's show considers guns, religion, contraception, and constitutional standing after three notable rulings issued from the U.S. Supreme Court and the Ninth Circuit. Dean Erwin Chemerinsky (UCI Law), M.C. Sungaila (Haynes and Boone), and Professor Leslie Griffin (UNLV Law) offer commentary.

Friday, May 13, 2016
Jessica Di Palma, Hon. Steven Brick (Ret.), and Professor Heidi Rummel discuss the constitutionality of California's juvenile offender sentencing scheme, and a major proposed change to appellate opinion publication rules

Friday, May 6, 2016
Professor Jessica Levinson (Loyola Law School), Paul Cane (Paul Hastings), and Glenn Danas (Capstone Law APC) comment on two major cases that had oral argument before the Cal. Supreme Court this week, one involving the fate of a critical criminal justice ballot initiative championed by Governor Brown, and another with huge stakes for employment lawyers.

Friday, April 29, 2016
Professors Catherine Fisk (UCI Law) and Hadar Aviram (UC Hastings Law), and Jeremy Rosen of Horvitz and Levy join Rulings Editor Brian Cardile to discuss Vergara v. California and Welch v. United States

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Weekly Appellate Report Podcast


Two issues that have percolated through the Supreme Court recently comprise this week's podcast: The right to register disparaging trademarks, and the doctrine of qualified immunity.

The former of the two issues heard oral arguments before the Supreme Court recently in the case of Lee v. Tam, in which a band comprising Asian Americans attempted to register their band's name, "The Slants," as a trademark. The U.S. Patent and Trademark Office refused the registration as violating Section 2(a) of the Lanham Act, which forbids the registration of trademarks that might tend to disparage groups of people. Indeed, the very fact that term "slants" has been used to disparage Asian Americans is the reason the band selected the appellation, so as to rehabilitate and reappropriate it. Notwithstanding the beneficent aim, the Patent Trial and Appeal Board affirmed the registration denial. But the U.S. Court of Appeals for the Federal Circuit reversed, leaving the Supreme Court with the last word. Anna-Rose Mathieson will walk us through the lively oral arguments, in which justices expressed healthy skepticism over the constitutionality of the arguably vague and content-based statute's prohibition.

Then, John Whitesides, of Angelo, Kilday & Kilduff, will discuss another issue recently regarded by the country's high court, that of qualified immunity. The Supreme Court has revisited this issue several times over the past few terms, in all instances reversing lower courts that denied qualified immunity defenses. Mr. Whitesides discusses why lower courts tend to struggle with the doctrine, and what appellate attorneys should have in mind when mounting or facing a qualified immunity defense, or when bringing an interlocutory appeal of a qualified immunity ruling.

As always, don't forget CLE credit is available to show listeners; find a pertinent test below to complete and collect your CLE credit.

Have an idea for the show? Want to appear as a guest, or recommend another? Contact the host at brian_cardile@dailyjournal.com.
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