2021 Appellate Advocacy Seminar Agenda

2021 Appellate Advocacy Seminar May 27-28, 2021

*Schedule and Speakers subject to change

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Thursday, May 27, 2021

Time (Central) Program
12:00 p.m. Welcome and Introduction

M. Re Knack, Ogden Murphy Wallace, Seattle, WA
Adam W. Hofmann, Hanson Bridgett LLP, Sacramento, CA
12:15 p.m. Remote Argument – What Have We Learned?

Remote argument by audio and video has been around for quite a while, but it was never common until the pandemic arrived in spring 2020. Over the ensuing months, judges, lawyers and court personnel have acquired experience in how it works and how to make it better. This program will provide the perspectives and recent experiences of a judge, a clerk, and a veteran practitioner about what has worked and what the future looks like.

Michael B. Wallace, Wise Carter Child, Jackson, MS

Hon. Danny J. Boggs, U.S. Court of Appeals for the Sixth Circuit, Cincinnati, OH
Michael B. King, Carney Badley Spellman, P.S., Seattle, WA 
Deborah Hunt, U.S. Court of Appeals for the Sixth Circuit, Cincinnati, OH
1:00 p.m. Strategic Use of Amicus Briefs in Appellate Advocacy

Amicus curiae briefs have become a regular feature of appellate practice, not only in the Supreme Court, but also in federal courts of appeals and state appellate courts. They enable myriad industry and professional organizations, advocacy groups, and ad hoc coalitions to address important legal issues from a broad perspective, including from a public policy viewpoint. This panel will examine how appellate counsel and their clients can use amicus briefs strategically; when, how, and from whom amicus support should be solicited; and what makes an amicus brief influential and effective.

Lawrence S. Ebner, Capital Appellate Advocacy PLLC and Atlantic Legal Foundation, Washington, DC

Steven P. Lehotsky, Lehotsky Keller LLP, Washington, DC
Richik Sarkar, Dinsmore & Shohl LLP, Cleveland, OH
2:00 p.m. Break
2:15 p.m. Rule 702 and the Gatekeeping Role of District Courts

The Federal Rules of Evidence make the trial court the gatekeeper for admission of expert evidence on issues such as qualifications, sufficiency of facts and data upon which an expert opinion is based, and reliability of the opinion based upon the methodology utilized to reach a conclusion. This session will discuss the related issues that trial courts should determine, how expert-challenging attorneys should frame arguments to invoke the court’s gatekeeper function and to preserve points for appeal, insights into the current push for the Federal Rules committee to adopt changes that improve the performance of the gatekeeper function, and the possibility of requesting guidance from the Supreme Court of the United States.

Lee Mickus, Evans Fears & Schuttert LLP, Denver, CO
3:15 p.m. How to Build an Appellate Practice

Experienced appellate advocates will talk about the nature of appellate practice, the essential tools and strategies, and the path to becoming an appellate expert. This panel will be ideal for anyone interested in identifying and exploring opportunities to develop a practice handling appeals, as well as for any general litigators who would just like to develop a better understanding of the appellate process.

Adam W. Hofmann, Hanson Bridgett LLP, Sacramento, CA

Tillman J. Breckenridge, Breckenridge PLLC, Washington, DC  
Michael B. King, Carney Badley Spellman, P.S., Seattle, WA 
Mary Massaron, Plunkett Cooney PC, Bloomfield Hills, MI
Juvaria Khan, The Appellate Project, Washington, DC
4:15 p.m. Appellate Advocacy Committee Meeting (Open to all)
5:00 p.m. Networking