Professional Experience

Mr. Shatz is Co-Chair of 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.

Representative Published Decisions

Federal Appeals

• Pacific Capital Bank v. Connecticut, 542 F.3d 341 (2d Cir. 2008) (banking preemption)
• Penguin Group (USA) Inc. 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, 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)
• Silvers v. Sony Pictures Entertainment, 330 F.3d 1204 (9th Cir. 2003) (copyright standing)
• Rivera v. Amtrak, 331 F.3d 1074 (9th Cir. 2003) (wrongful termination; FELA defamation)

California Appeals 

• Lin v. Pleasanton (Ayala), 176 Cal. App. 4th 408 (2009) (statutory interpretation of Elections Code referendum requirements)
• Figueroa v. Northridge Hospital, 134 Cal. App. 4th 10 (2005) (class action appealability)
• Building Permit Consultants v. Mazur, 122 Cal. App. 4th 1400 (2004) (illegal public adjusting)
• McDonald v. S. Pacific Transp., 71 Cal. App. 4th 256 (1999) (juror misconduct)
• Ventura County Flood Control District v. Campbell, 71 Cal. App. 4th 211 (1999) ($5.2 million condemnation affirmed; landowner entitled to value of mineral deposits)
• Campbell v. Alger, 71 Cal. App. 4th 200 (1999) (right of first refusal in private purchase agreement not triggered when public entity exercised eminent domain)
• California v. Pac. Indem. Co., 63 Cal. App. 4th 1535 (1998) (environmental defense obligations)
• Passante v. McWilliam, 53 Cal. App. 4th 1240 (1997) ($35 million baseball card dispute)
• Western Polymer Tech. v. Reliance Ins. Co., 31 Cal. App. 4th 16 (1995) (insurance bad faith)

California Writ Petitions

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

AMICUS BRIEFS

• Brinker, Restaurant Corp. v. Superior Court, __ Cal. 4th __ (pending) (amicus brief re wage and hour class actions)
• Marathon Entertainment v. Blasi, 42 Cal. 4th 974 (2008) (amicus brief re severance doctrine under the Talent Agencies Act)
• People v. Pena, 32 Cal. 4th 389 (2004) (amicus brief re need for oral argument)

Education

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

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

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

LACBA Federal Courts Committee (1994-98)

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, 2004-2010.

Publications

Law Review & Magazine Articles

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

“The Employment Lawyer’s Guide to California Anti-SLAPP Law,” 22:2 Cal. Lab. & Emp. Law Review 1 (Mar. 2008)

“Missing the Party: The California Notice of Appeal,” 29:6 CEB Civil Litigation Reporter 219 (Dec. 2007)

“Understanding the 90-Day Rule,” 30:9 Los Angeles Lawyer 11 (Dec. 2007)

“The Price of Frivolity: A Longitudinal Study of California Appellate Sanctions,” 28:4 Whittier Law Review 1087 (Summer 2007)

“Watch Out for Tricky Typos,” 49:2 For The Defense, Writer’s Corner 74, 81 (Feb. 2007); 7:124 Texas Reporter 6-8 (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,” 29:7 Los Angeles Lawyer Survival Guide for New Attorneys in California 60 (Fall 2006)

“Appellate Sanctions: A Review of 2005 Cases,” 28:4 CEB Civil Litigation Reporter 158-59 (Aug. 2006)

“Ten Tips For Preparing For Writ Relief,” Expert Advice column, 26:7 California Lawyer 20 (Jul. 2006)

“Court Deadlines After A Disaster,” Barristers Tips column, 29:1 Los Angeles Lawyer 10 (Mar. 2006) (w/Melissa Goetz)

“This Year’s Changes To California’s Appellate Rules – And A Peak At Potential Future Changes,” 28:1 CEB Civil Litigation Reporter 8 (Feb. 2006)

“Judges, Justices, Magistrates, and Commissioners,” Barristers Tips column, 28:8 Los Angeles Lawyer 10 (Oct. 2005) (w/Judge George P. Schiavelli)

“Preserving Issues for Appeal,” 28:7 Los Angeles 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,” 27:4 CEB Civil Litigation Reporter 132 (Aug. 2005)

“Brave New Rules, The Final Chapter,” 27:1 Civil Litigation Reporter 15 (Feb. 2005)

“Reverse Course: CCP Section 128(a)(8) Has Succeeded In Reversing The Presumption In Favor Of Stipulated Reversals,” 25:11 Los Angeles Lawyer 24 (Feature Article w/cover photo ) (Feb. 2003)

“Back to the Well: Can New Trial Judges Reverse a Ruling Made by Their Predecessors?” 26:2 CEB Civil Litigation Reporter 56 (Apr. 2004)

“Brave New Rules Continued,” 26:1 Civil Litigation Reporter 15 (Feb. 2004)

“Brave New Rules Revisited,” 25:2 Civil Litigation Reporter 51 (Apr. 2003)

“Brave New Rules,” 24:2 Civil Litigation Reporter 57 (Mar. 2002)

“The Ongoing Voyage of the Parol Evidence Rule,” 19:2 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 (Jul. 19, 1999)

Newspaper Articles

"What Your Summer Reading List Is Missing," LA & SF Daily Journal, Jun. 25, 2010

"Ninth Circuit Widens Split on Copyright Registration Issue," LA & SF Daily Journal, May 28, 2010

"Holmes v. Holmes," LA & SF Daily Journal, Jan. 5, 2010

"Preclusion Rules Cause Conflict," LA & SF Daily Journal, Dec. 3, 2009

"Don’t Blow Your Cover," LA & SF Daily Journal, Aug. 27, 2009

"The Naming Of 'Catz,'" LA & SF Daily Journal, Aug. 14, 2009

“Seven Ways Up,” LA & SF Daily Journal, June 26, 2009 

“What to Know When You Don’t Know,” LA & SF Daily Journal, June 15, 2009

“E-Notice Something,” LA & SF Daily Journal, Feb. 27, 2009.

“Sex, Lies and Remittiturs,” LA & SF Daily Journal, Jan. 15, 2009.

“Pride and Prejudice,” LA & SF Daily Journal, Dec. 26, 2008.

“Time Trials,” LA & SF Daily Journal, Nov. 20, 2008.

“Sink or Sign,” LA & SF Daily Journal, May 30, 2008.

“What Every Lawyer Should Know About Stare Decisis,” LA County Bar Update, April 2008.

“Fighting Words,” LA & SF Daily Journal, Mar. 14, 2008

“Timing Appeals,” LA & SF Daily Journal, Nov. 5, 2007

“Tactical Consent,” LA & SF Daily Journal, Sept. 17, 2007

“The Way to Stay,” LA & SF Daily Journal, Focus column, Mar. 2, 2007

“How Many Mistakes Can One Notice of Appeal Contain?” LA & SF Daily Journal, Focus column, Jul. 3, 2006 (reprinted at 6:111 Texas Reporter 7 (Aug. 15-31, 2006)

“ What Every Lawyer Should Know About Appellate Settlement," The Los Angeles County Bar Association Update (Aug. 2006)

“Delaying Tactic du Jour Fails to Remove Matter de Jure,” LA & SF Daily Journal, Focus column, May 26, 2006

“Courts’ Response to Shoddy Appellate Practice? Pony Up!,” LA & SF Daily Journal, Focus Column, Jan. 3, 2006 (w/Mike Berger)

“Changes to Federal Rules Clarify Procedural Questions for Appeals," LA & SF Daily Journal, Focus column, Aug. 24, 2005 (w/Lara Krieger)

“Class-Action Statute Fails to Address Appellate Questions," LA & SF Daily Journal, Focus column, Jun. 16, 2005 (w/Lara Krieger)

“9th Circuit Made Only Minor Changes,” LA & SF Daily Journal, Feb. 1, 2005

“Exhaust All Measures Before Filing Petition,” LA & SF Daily Journal, Jul. 5, 2004

“Oral Argument Earns High Place at Summary Judgment,” LA & SF Daily Journal, May 5, 2004

“‘Palmer’ Clarifies Valid Written Notice of Entry of Judgment,” LA & SF Daily Journal, Sept. 3, 2004

“Certification Process Does Not Appear to Burden High Court,” LA & SF Daily Journal, May 7, 2003

“‘Macomber’ Highlights Danger in Appealing Fee Awards,” LA & SF Daily Journal, Mar. 5, 2003

“Local Rules Conform to Federal Appellate Rule Amendments,” LA & SF Daily Journal, Jan. 3, 2003

“In Some Cases, Appeal Will Lie From an Order,” LA & SF 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,” LA & SF Daily Journal, Oct. 3, 2001

“ Red Cow: Sister-State Decision May Have Estoppel Effect,” LA & SF Daily Journal, Jun. 6, 2001

“Dual Action: Limited Jurisdiction Remains in Trial Court,” LA & SF Daily Journal, Apr. 4, 2001

“Cooperative Federalism: Consider Certifying Unsettled Questions,” LA & SF Daily Journal, Jun. 7, 2000

“Legal Alchemy: Transmuting Defective Appeals into Writs,” LA & SF Daily Journal, Dec. 1, 1999

“Required Recalibration: Discovery Deadlines After Reversal,” LA & SF Daily Journal, Feb. 3, 1999

“BAJI Blunder: To Hang onto a Verdict, Read Instructions First,” LA & SF Daily Journal, Aug. 6, 1998

“Mulligan Stew: New Limits on Voluntary Dismissals,” LA & SF Daily Journal, May 30, 1997

“Oral History: Admissibility of Parol Evidence Clarified,” LA & SFDaily Journal, Dec. 6, 1996

“The New Uniform Standard for Instructional Error on Appeal,” LA & SFDaily Journal, Feb.7, 1995

“Important Changes in Handling Instructional Errors,” LA & SF Daily Journal, Feb. 6, 1995

Speaking Engagements

"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 Ass'n Conference, Oct. 17, 2009

“4th Annual Appellate Practice Boot Camp Conference,” Pincus ProEd, Sept. 24, 2009.

“Writ Practice Boot Camp Conference,” Pincus ProEd, Sept. 24, 2009.

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

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

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

“Sports Law Panel,” UCLA Phi Alpha Delta Pre-Law Fraternity, January 29, 2009.

“Appellate Practice Boot Camp Conference,” Pincus ProEd, October 1, 2008.

“Writ Practice Boot Camp Conference,” Pincus ProEd, October 1, 2008.

“Editing Legal Briefs and Documents,” in-house counsel at Honda North America, April 22, 2008.

“Brief Writing and Appellate law,” Southwestern Law School Writs & Appeals class, February 27, 2008.

“Understanding SLAPPs: Process & Procedure from Initiation through Appeal,” Pincus October 8, 2007.

“Civil Appellate Writ Practice in the Court of Appeal,” Pincus ProEd, September 6, 2007.

“Civil Appellate Practice in the Court of Appeal,” Pincus ProEd, September 6, 2007.

“Beginning and Intermediate Guide to 9th Circuit Practice,” Pincus ProEd, September 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, March 7, 2007

Co-Moderator, “Meet the New Justices of the 2d District,” L.A. County Bar Appellate Courts Committee, October 17, 2006

“An Inside Look at Writ Practice in the California Court of Appeal,” Pincus ProEd, October 4, 2006

“An Inside Look at State Appellate Practice,” Pincus ProEd, September 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, April 26, 2006

“An Inside Look at State Appellate Practice,” Pincus ProEd, April 6, 2006

Co-Moderator, "Meet the New Justices of the 2d District,” L.A. County Bar Appellate Courts Committee, October 18, 2005

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

“The Appeals Process in California,” L.A. Paralegal Association, May 17, 2005

“Appellate Ethics Review & Update,” L.A. County Bar Appellate Courts Committee, February 7, 2005

“Evaluating and Managing Cases on Appeal,” Honda North America, Inc., October 15, 2004.