This Webinar presents a comprehensive overview of the appellate process with the goal of teaching trial court litigators and litigation managers how to build an adequate appellate record at trial and formulate successful appeals.

Topics covered include:

• How to preserve issues in the trial court for appellate review
• The role that specialized appellate counsel can play at trial
• Limitations on the appellate court's authority
• Procedures for initiating an appeal
• How to seek review by the highest appellate court in your jurisdiction
• Strategic considerations in deciding whether to appeal
• How to stay enforcement of a judgment pending appeal
• The ten most important tips for writing appellate briefs?

Attendees will benefit from expert, practitioner-oriented analysis of key procedural milestones in the appellate process, from entry of verdict or judgment through completion of proceedings on appeal.

Panelists:

David Axelrad
David Axelrad joined Horvitz & Levy in 1982 and became a partner in 1986. He is a California State Bar Certified Appellate Specialist, and is admitted to practice before California state courts, the U.S. Court of Appeals for the Ninth Circuit, the U.S. Court of Appeals for the Tenth Circuit, and the U.S. Supreme Court. He has handled hundreds of civil appeals in state and federal courts, and has argued cases in the California Supreme Court. His name appears on significant published opinions, including J.C. Penney Casualty Ins. v. M.K., Advanced Bionics v. Medtronic, Lockheed Litigation Cases, and Mycogen v. Monsanto. Prior to joining Horvitz & Levy, Mr. Axelrad was an appellate litigation associate with McKenna, Connor & Cuneo. Before that, he was Assistant to the Director of the Bureau of Consumer Protection, Federal Trade Commission and Staff Attorney for the Federal Trade Commission. Mr. Axelrad also served as a Staff Attorney for the U.S. Court of Appeals for the Ninth Circuit and a Member of the Santa Clara County Advisory Commission on Consumer Affairs. Mr. Axelrad has also been an Adjunct Professor of Law at Loyola Law School of Los Angeles and the University of La Verne College of Law. Mr. Axelrad serves as a judge pro tem, hearing small claims court cases for the Los Angeles Superior Court. He has authored articles for legal publications as well as co-authored appellate practice guides for Matthew Bender and the California Continuing Education of the Bar. Mr. Axelrad is a member of both the California Academy of Appellate Lawyers and the American Academy of Appellate Lawyers.

Peder Batalden
Peder Batalden, an associate at Horvitz & Levy, handles appeals and writs spanning a wide range of subjects, including securities, antitrust, copyright, trademark, anti-pirating laws, unfair competition, commercial indemnification, enforcement of judgments and settlement agreements, and insurance. Mr. Batalden has particular expertise in federal appeals. He has been counsel of record in numerous matters before the United States Courts of Appeals for the Ninth and Tenth Circuits in actions arising throughout the western United States. He often consults with clients and trial counsel before an appeal begins, allowing them to preserve issues and evidence in the best posture for appeal. He regularly assists clients in responding to the entry of large money judgments. He draws upon a deep knowledge of federal jurisdiction and procedure to assist his clients in staying enforcement of judgments and preparing post-trial motions so that issues for appeal are not lost. He also advises clients seeking interlocutory review of district court rulings by certification or writ of mandamus. Before joining the firm, Mr. Batalden clerked for federal judges at both the trial and appellate levels.

Agenda

I. Overview of the Appellate Process - The Limitations of Appellate Review
II. Appellate Court Structure - The Different Functions of Intermediate Appellate Courts and Supreme Courts
III. Appealability and Interlocutory Review - When Do You Have the Right of Appeal? When Can You Seek Discretionary Appellate Review?
IV. Milestones of the Appellate Process - The Key Procedural Steps from Stays of Enforcement Through Decision of the Appellate Court
V. Preserving the Record - Techniques for Building the Foundation of a Successful Appeal
VI. The Top Ten Tips for Appellate Brief writing
VII. Evaluating an Appeal - Strategic Considerations That Will Help You Determine Whether to Appeal
VIII. Questions and Answers