This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Appellate Practice

Jun. 17, 2016

Weekly Appellate Report Podcast #8 Perulta, Halo & Art of Oral Argument

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

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

Erwin's most recent book is "Closing the Courthouse" (Yale University Press 2017).

Myron Moskovitz

Legal Director, Moskovitz Appellate Team

90 Crocker Ave
Piedmont , CA 94611-3823

Phone: (510) 384-0354


UC Berkeley SOL Boalt Hal

Myron is author of Strategies On Appeal (CEB, 2021) and Winning An Appeal (5th ed., Carolina Academic Press). The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Prior "Moskovitz On Appeal" columns can be found at

Cheryl T. Burgess

Joseph S. Cianfrani

This week's show considers significant rulings in the area of Second Amendment jurisprudence and patent law, and also features valuable oral argument guidance.

First, Erwin Chemerinsky, Dean of the UC Irvine School of Law, weighs in on last Thursday's en banc result from the Ninth Circuit in 'Peruta v. County of San Diego,' which upheld a California restriction on concealed carry permits. Mr. Chemerinsky explains why the en banc panel, which ruled differently than the three-judge panel previously, got it right this time.

Next, two guests from Knobbe Martens, Cheryl Burgess and Joe Cianfrani, examine a U.S. Supreme Court ruling regarding enhanced damages in patent suits. That ruling knocked out a two-step test, christened just 9 years ago in 'In re Seagate,' and our guests will discuss how such damages will be awarded going forward.

Finally, Myron Moskovitz, of the Moskovitz Appellate Team, offers his insights on the art of oral argument, gleaned from a long and successful career as an appellate attorney.

Additional information on our guests:

Erwin Chemerinsky has been Dean of the UC Irvine School of Law since its founding. He is the author of eight books including, most recently, 'The Case Against the Supreme Court.' He can be reached at

Cheryl Burgess and Joe Cianfrani are both partners at the firm Knobbe Martens, and have extensive experience with patent litigation. Ms. Burgess can be reached at and Mr. Cianfrani can be reached at

Myron Moskovitz is author of Winning An Appeal (5th ed., Carolina Academic Press, 2016) and Moskovitz on Appeal (LexisNexis, 2015). He is Legal Director of Moskovitz Appellate Team. See He can be contacted at or (510) 384-0354.

Remember CLE credit is available for your listening to this show; consult the link below for that credit. If you have an idea for a future show, or would like to appear on the Weekly Appellate Report, reach Brian at

Brian Cardile

Rulings Editor, Podcast Host, 9th U.S. Circuit Court of Appeals reporter

For reprint rights or to order a copy of your photo:

Email for prices.
Direct dial: 949-702-5390

Send a letter to the editor: