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  • Benjamin G. Shatz

    Partner
    Certified Appellate Specialist
    Co-Chair, Appellate Practice Group
     bshatz@manatt.com
    Download Contact (.vcf)

    Los Angeles
    Direct: 310.312.4383
    General: 310.312.4000
    Fax: 310.312.4224
    Education

    Pepperdine University School of Law, J.D., magna cum laude, 1992

    Associate Editor, Pepperdine Law Review
    Assistant Editor, California Supreme Court Survey


    University of California Los Angeles, College of Letters & Science Division of Honors
    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    Mr. Shatz Co-Chairs 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.

    Representative Matters

    Federal Appeals

    • CFTC v. Walsh, 712 F.3d 735 (2d Cir. 2013) (Ponzi scheme distribution)
    • Wang v. Chinese Daily News, 709 F.3d 829 (9th Cir. 2013), 132 S.Ct. 74 (2011), 623 F.3d 743 (9th Cir. 2010) (reversal of class certification in employment matter)
    • METI v. ISS, 490 Fed.Appx. 30 (9th Cir. 2012) (reversal of trade secrets verdict)
    • Love v. Associated Newspapers, 611 F.3d 601 (9th Cir. 2010) (Beach Boys IP litigation)
    • Pacific Capital Bank v. Connecticut, 542 F.3d 341 (2d Cir. 2008) (banking preemption)
    • Penguin Group v. Steinbeck, 537 F.3d 193 (2d Cir. 2008) (copyright termination rights)
    • Patel v. Del Taco, 446 F.3d 996 (9th Cir. 2006) (civil rights removal)
    • Silvers v. Sony Pictures Entertainment, 330 F.3d 1204 (9th Cir. 2003), 402 F.3d 881 (9th Cir. en banc 2005), cert. denied, 546 U.S. 827 (2005) (successfully represented studio in copyright action involving major motion picture; en banc court held a party holding an assignment of an accrued claim copyright infringement lacks standing to sue for copyright infringement)
    • Schwarzenegger v. FMMC, 374 F.3d 797 (9th Cir. 2004) (personal jurisdiction)
    • Rivera v. Amtrak, 331 F.3d 1074 (9th Cir. 2003) (wrongful termination; FELA defamation)


    California Appeals

    • Castleman v. Sagaser (2013) 216 Cal.App.4th 481 (anti-SLAPP)
    • Mt. Hawley Ins. Co. v. Lopez (2013) 215 Cal.App.4th 1385 (insurance code interpretation)
    • Cal. Attorneys v. Brown (2011) 195 Cal.App.4th 119 (state employee furloughs)
    • Lin v. Pleasanton (Ayala) (2009) 176 Cal.App.4th 408 (Elections Code referendum requirements and anti-SLAPP)
    • Figueroa v. Northridge Hospital (2005) 134 Cal.App.4th 10 (2005) (class action appealability)
    • Building Permit Consultants v. Mazur (2004) 122 Cal.App.4th 1400  (illegal public adjusting)
    • McDonald v. S. Pacific Transp. (1999) 71 Cal.App.4th 256 (juror misconduct)
    • Ventura County Flood Control District v. Campbell (1999) 71 Cal.App.4th 211 ($5.2 million condemnation affirmed; landowner entitled to value of mineral deposits)
    • Campbell v. Alger (1999) 71 Cal.App.4th 200 (right of first refusal in private purchase agreement not triggered when public entity exercised eminent domain)
    • California v. Pac. Indem. Co. (1998) 63 Cal.App.4th 1535 (environmental defense obligations)
    • Passante v. McWilliam (1997) 53 Cal.App.4th 1240 ($35 million baseball card dispute)
    • Western Polymer Tech. v. Reliance Ins. Co. (1995) 32 Cal.App.4th 14 (insurance bad faith)


    California Writ Petitions

    • Mansouri v. Placer Sup. Ct. (2010) 181 Cal.App.4th 633 (CC&Rs arbitration provision)
    • Polanski v. LA Sup. Ct. (2009) 180 Cal.App.4th 507 (fugitive disentitlement doctrine) 
    • SJ LAFCo v. San Joaquin Sup. Ct. (2008) 162 Cal.App.4th 159 (deliberative process privilege)
    • SSJID v. San Joaquin Sup. Ct. (2008) 162 Cal.App.4th 146 (special district latent powers)
    • Caliber v. Bodyworks v. LA Sup Ct. (2005) 134 Cal.App.4th 365 (Labor Code PAGA)


    Amicus Briefs

    • Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004 (amicus brief re wage and hour class actions)
    • Perry v. Brown, 671 F.3d 1052 (9th Cir. 2012) (for amicus Howard Univ. Law Sch. Civil Rights Clinic and Americans United for Separation of Church and State)
    • Redevelopment Agency v. BNSF Railway, 643 F.3d 668 (9th Cir. 2011) (for amicus Cal. Chamber of Commerce)
    • Marathon Entertainment v. Blasi (2008) 42 Cal.4th 974 (amicus brief re severance doctrine under the Talent Agencies Act)
    • People v. Pena (2004) 32 Cal.4th 389 (amicus brief re need for oral argument)

    Honors & Awards

    Named "Lawyer of the Year (Private Sector)" for 2008 by the Constitutional Rights Foundation for his work with the Appellate Court Experience program

    Named by Los Angeles Magazine and Law & Politics Magazine as one of Southern California’s “Super Lawyers” (the Best Attorneys in Southern California) in the field of Appellate Law, 2004-2012

    Peer selected for inclusion in The Best Lawyers in America (19th edition) 2012-2013, for appellate practice

    Publications

    Law Review & Magazine Articles

    To Cite or Not to Cite? That is the Question, 26:1 Cal. Litigation 15, 2013

    Beyond the Basics of Stare Decisis, 3 Verdict 14, 2012

    Rubbernecking on the Ethics Highway, 25:3 Cal. Litigation 25, 2012

    Ethics: Judges Corral Horses and Ostriches to Combat Bad Lawyering, 25:1 Cal. Litigation 23, 2012

    Recent Ethical Disasters: This Year’s Most Memorable Lawyering Lessons, 24:3 Cal. Litigation 9, 2011

    Much to Learn, You Still Have, 34 LA Lawyer Survival Guide for New Attorneys 7, Fall 2011

    Finality & Remittitur: What Goes Up Must Come Down, Appellate Tips for Trial Lawyers LACBA e-Newsletter, July 15, 2011

    What Every Lawyer Should Know About Stare Decisis, Cal. Defender 70, Summer 2010

    The Employment Lawyer’s Guide to California Anti-SLAPP Law, 22 Cal. Lab. & Emp. Law Review 1, Mar. 2008

    Missing the Party: The California Notice of Appeal, 29 CEB Civil Litigation Reporter 219, Dec. 2007

    Understanding the 90-Day Rule, 30 LA Lawyer 11, Dec. 2007

    The Price of Frivolity: A Longitudinal Study of California Appellate Sanctions, 28 Whittier Law Review 1087, Summer 2007

    Watch Out for Tricky Typos, 49 For The Defense, Writer’s Corner 74, 81 (Feb. 2007); 7 Texas Reporter 6 (3/07); Verdict 45 (Assn. S. Cal. Defense Counsel, 1st Quarter 2007); The Update 16 (San Diego Defense Lawyers, Spring 2007)

     Preserving Issues for Appeal, 29 LA Lawyer Survival Guide for New Attorneys 60, Fall 2006

    Appellate Sanctions: A Review of 2005 Cases, 28 CEB Civil Litigation Reporter 158, Aug. 2006

    Ten Tips For Preparing For Writ Relief, Expert Advice column, 26 California Lawyer 20, July 2006

    Court Deadlines After A Disaster, Barristers Tips column, 29 LA Lawyer 10, Mar. 2006

    This Year’s Changes To California’s Appellate Rules – And A Peak At Potential Future Changes, 28 CEB Civil Litigation Reporter 8, Feb. 2006

    Judges, Justices, Magistrates, and Commissioners, Barristers Tips column, 28 LA Lawyer 10, Oct. 2005 (w/Judge George P. Schiavelli)

    Preserving Issues for Appeal, 28 LA Lawyer Survival Guide for New Attorneys 63, Fall 2005

    You’ve Got To Know When And How To Ask: A Look At Eight Years of Certified Questions To The California Supreme Court, 27 CEB Civil Litigation Reporter 132, Aug. 2005

    Brave New Rules, The Final Chapter, 27 Civil Litigation Reporter 15, Feb. 2005

    Reverse Course: CCP Section 128(a)(8) Has Succeeded In Reversing The Presumption In Favor Of Stipulated Reversals, 25 LA Lawyer 24 (Featured cover story) Feb. 2003

    Back to the Well: Can New Trial Judges Reverse a Ruling Made by Their Predecessors? 26 CEB Civil Litigation Reporter 56, Apr. 2004

    Brave New Rules Continued, 26 Civil Litigation Reporter 15, Feb. 2004

    Brave New Rules Revisited, 25 Civil Litigation Reporter 51, Apr. 2003

    Brave New Rules, 24 Civil Litigation Reporter 57, Mar. 2002

    The Ongoing Voyage of the Parol Evidence Rule, 19 Civil Litigation Reporter 66, Mar. 1997

    Illusory Fortress: Peremptory Challenges, California Law Business, Oct. 9, 2003

    Waiting Game: Attorneys Sanctioned in Federal Court, California Law Business, July 19, 1999

    Case Notes 
    Stangvik v. Shiley, 20 Pepp. L. Rev. 264 (1993)
    Kimmel v. Goland, 18 Pepp. L. Rev. 818 (1991)
    Draper v. City of Los Angeles, 18 Pepp. L. Rev. 1069 (1991)
    Lucido v. Superior Court, 18 Pepp. L. Rev. 1116 (1991)

    Newspaper Articles

    (Viable) Lessons from Ed Newman, Daily Journal, Oct. 21, 2010

    It's on Your System- But Can You Use It or Disclose It? Inside Counsel, Aug. 5, 2010

     What Your Summer Reading List Is Missing, Daily Journal, June 25, 2010

    Ninth Circuit Widens Split on Copyright Registration Issue, Daily Journal, May 28, 2010

    Holmes v. Holmes, Daily Journal, Jan. 5, 2010

    Preclusion Rules Cause Conflict, Daily Journal, Dec. 3, 2009

    Don’t Blow Your Cover, Daily Journal, Aug. 27, 2009

    The Naming Of 'Catz,' Daily Journal, Aug. 14, 2009

    Seven Ways Up, Daily Journal, June 26, 2009

    What to Know When You Don’t Know, Daily Journal, June 15, 2009

    E-Notice Something, Daily Journal, Feb. 27, 2009

    Sex, Lies and Remittiturs, Daily Journal, Jan. 15, 2009

     Pride and Prejudice, Daily Journal, Dec. 26, 2008

    Time Trials, Daily Journal, Nov. 20, 2008

    Sink or Sign, Daily Journal, May 30, 2008

    What Every Lawyer Should Know About Stare Decisis, LA County Bar Update, Apr. 2008

    Fighting Words, Daily Journal, Mar. 14, 2008

    Timing Appeals, Daily Journal, Nov. 5, 2007

    Tactical Consent, Daily Journal, Sep. 17, 2007

    The Way to Stay, Daily Journal, Mar. 2, 2007

    How Many Mistakes Can One Notice of Appeal Contain? Daily Journal, July 3, 2006 (reprinted at 6 Texas Reporter 7, Aug. 15-31, 2006)

    What Every Lawyer Should Know About Appellate Settlement, The LA County Bar Association Update, Aug. 2006

    Delaying Tactic du Jour Fails to Remove Matter de Jure, Daily Journal, May 26, 2006

    Courts’ Response to Shoddy Appellate Practice? Pony Up!, Daily Journal, Jan. 3, 2006

    Changes to Federal Rules Clarify Procedural Questions for Appeals, Daily Journal, Aug. 24, 2005

    Class-Action Statute Fails to Address Appellate Questions, Daily Journal, June 16, 2005

    9th Circuit Made Only Minor Changes, Daily Journal, Feb. 1, 2005

    Exhaust All Measures Before Filing Petition, Daily Journal, July 5, 2004

    Oral Argument Earns High Place at Summary Judgment, Daily Journal, May 5, 2004

    ‘Palmer’ Clarifies Valid Written Notice of Entry of Judgment, Daily Journal, Sep. 3, 2004

    Certification Process Does Not Appear to Burden High Court, Daily Journal, May 7, 2003

    ‘Macomber’ Highlights Danger in Appealing Fee Awards, Daily Journal, Mar. 5, 2003

    Local Rules Conform to Federal Appellate Rule Amendments, Daily Journal, Jan. 3, 2003

    In Some Cases, Appeal Will Lie From an Order, Daily Journal, July 3, 2002

    New And Improved! Starting Today, Revised Rules Of Court To Change California Appellate Practice, The Recorder, Jan. 2, 2002

    Dilatory or Frivolous: Appellate Court Sanctions, Daily Journal, Oct. 3, 2001

    Red Cow: Sister-State Decision May Have Estoppel Effect, Daily Journal, June 6, 2001

    Dual Action: Limited Jurisdiction Remains in Trial Court, Daily Journal, Apr. 4, 2001

    Cooperative Federalism: Consider Certifying Unsettled Questions, Daily Journal, June 7, 2000

    Legal Alchemy: Transmuting Defective Appeals into Writs, Daily Journal, Dec. 1, 1999

    Required Recalibration: Discovery Deadlines After Reversal, Daily Journal, Feb. 3, 1999

    BAJI Blunder: To Hang onto a Verdict, Read Instructions First, Daily Journal, Aug. 6, 1998

    Mulligan Stew: New Limits on Voluntary Dismissals, Daily Journal, May 30, 1997

    Oral History: Admissibility of Parol Evidence Clarified, Daily Journal, Dec. 6, 1996

    The New Uniform Standard for Instructional Error on Appeal, Daily Journal, Feb. 7, 1995

    Important Changes in Handling Instructional Errors, Daily Journal, Feb. 6, 1995

    Memberships & Activities

    Certified Specialist in Appellate Law, The State Bar of California Board of Legal Specialization

    Admitted to practice in California, Colorado, U.S. Supreme Court, all federal Circuit Courts of Appeals, and all California and Colorado District Courts

    Chair, California State Bar Committee on Appellate Courts (2010-2011; Vice-Chair 2009-2010; member 2006-2009)

    Chair, LACBA Appellate Courts Committee (2009-2011; member since 1994; Secretary 2005-2007; Vice-Chair 2007-2009)

    Executive Committee, LACBA Appellate Courts Section (2011-present)

    Vice-Chair, LACBA State Appellate Judicial Evaluations Committee (2012-present; member since 2011)

    LACBA Federal Courts Committee (1994-1998)

    Editorial Board, California Litigation (2011-present)

    Speaking Engagements

    Typography for Appellate Lawyers, Orange County Bar Ass'n, June 6, 2013

    Hot Issues in Anti-SLAPP Appeals, Appellate Judicial Attorneys Institute, May 29, 2013

    Legal Editing, Pincus ProEd, Jan. 31, 2013

    Understanding SLAPPs, Iranian American Lawyers Assn., Nov. 7, 2012

    Civil Appellate Writ Practice, The Rutter Group, Nov. 5, 2012

    SLAPP Law Update, Manatt Litigation Division, Oct. 25, 2012 

    5th Annual Understanding SLAPPS, Pincus ProEd, Oct. 18, 2012

    Appellate Briefing, Whittier Law School, Oct. 15, 2012

    Typography for Lawyers, Cal. State Bar Annual Meeting, Oct. 11, 2012

    Can I Cite This? Manatt Litigation Division, July 10, 2012

    Appeals & Legal Editing, Southwestern Law School, July 7, 2012 

    Civil Law Update, Appellate Judicial Attorneys Institute, Mar. 28, 2012

    SLAPP Appeals, LA County Bar Appellate Courts Section, Mar. 15, 2012

    6th Annual Appellate Practice Boot Camp, Pincus ProEd, Mar. 2, 2012

    6th Annual Writ Practice Boot Camp, Pincus ProEd, Mar. 2, 2012

    4th Annual Understanding SLAPPS, Pincus ProEd, Oct. 14, 2011

    Federal & State Appeals, Pincus ProEd, Sep. 23, 2011

    Argument Sections in Briefs, Pepperdine Law School, Sep. 22, 2011

    Appellate Ethics & Sanctions, Cal. State Bar Annual Meeting, Sep. 16, 2011

    Legal Editing, Pincus ProEd, Aug. 5, 2011

    Moderator, Meet the New Justices, LA County Bar Appellate Courts Committee, May 10, 2011

    Is it Safe to Cite This? Manatt MCLE, Apr. 20, 2011

    5th Annual Appellate Practice Boot Camp, Pincus ProEd, Jan. 27, 2011

    5th Annual Writ Practice Boot Camp, Pincus ProEd, Jan. 27, 2011

    Reply Briefs, Amicus Briefs, and Self-Editing Techniques, Pepperdine Law School Appellate Advocacy class, Oct. 7, 2010

    Understanding SLAPPS: Process & Procedure from Initiation through Appeal, Pincus ProEd, Oct. 6, 2010

    Athletes’ Rights of Publicity, Fox Cable Networks, Sep. 29, 2010.

    Advanced Civil Appellate Writ Practice, Cal. State Bar Annual Meeting, Sep. 24, 2010

    Petitions for Review & Cert Petitions, Pincus ProEd Webinar, July 27, 2010

    The Complete Appeal, Pincus ProEd, Nov. 12, 2009

    Tricks & Traps in Appellate Calendaring And Preparing Appellate Records, LA Paralegal Association, Oct. 17, 2009

    4th Annual Appellate Practice Boot Camp, Pincus ProEd, Sep. 24, 2009

    Writ Practice Boot Camp, Pincus ProEd, Sep. 24, 2009

    Preparing an Appellate Record: As Important as the Brief, Cal. State Bar Annual Meeting, Sep. 10, 2009

    How to Pass the Appellate Specialization Exam, Pincus ProEd, May 7, 2009

    Understanding SLAPPS: Process & Procedure from Initiation through Appeal, Pincus ProEd, Feb. 6, 2009

    Sports Law Panel, UCLA Phi Alpha Delta Pre-Law Fraternity, Jan. 29, 2009

    Appellate Practice Boot Camp, Pincus ProEd, Oct. 1, 2008

    Writ Practice Boot Camp, Pincus ProEd, Oct. 1, 2008

    Editing Legal Briefs & Documents, in-house counsel at Honda North America, Apr. 22, 2008

    Brief Writing and Appellate law, Southwestern Law School Appeals class, Feb. 27, 2008

    Understanding SLAPPs: Process & Procedure from Initiation through Appeal, Pincus ProEd, Oct. 8, 2007

    Civil Appellate Writ Practice in the Court of Appeal, Pincus ProEd, Sep. 6, 2007

    Civil Appellate Practice in the Court of Appeal, Pincus ProEd, Sep. 6, 2007

    Beginning and Intermediate Guide to 9th Circuit Practice, Pincus ProEd, Sep. 4, 2007

    The 90 days Between Judgment and Appeal, Pincus ProEd, May 16, 2007

    Brief Writing and Appellate law, Southwestern Law School Writs & Appeals class, Mar. 7, 2007

    Co-Moderator, Meet the New Justices of the 2d District, LA County Bar Appellate Courts Committee, Oct. 17, 2006

    An Inside Look at Writ Practice in the California Court of Appeal, Pincus ProEd, Oct. 4, 2006

    An Inside Look at State Appellate Practice, Pincus ProEd, Sep. 13, 2006

    9th Circuit Roundtable, Pincus ProEd, June 28, 2006

    An Inside Look at 9th Circuit Practice, Pincus ProEd, June 21, 2006

    An Inside Look at Writ Practice in the California Court of Appeal, Pincus ProEd, Apr. 26, 2006

    An Inside Look at State Appellate Practice, Pincus ProEd, Apr. 6, 2006

    Co-Moderator, Meet the New Justices of the 2d District, LA County Bar Appellate Courts Committee, Oct. 18, 2005

    Appellate Law, Pepperdine Law School Appellate Advocacy class, May 26, 2005

    The Appeals Process in California, LA Paralegal Association, May 17, 2005

    Appellate Ethics Review, LA County Bar Appellate Courts Committee, Feb. 7, 2005

    Evaluating and Managing Cases on Appeal, Honda North America, Inc., Oct. 15, 2004