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California Trial Evidence 2014

Speaker(s): Christopher D. Banys, Elizabeth Pipkin, Hon. Jacqueline Scott Corley, Honorable Jeffrey S. White, Honorable Tracie L. Brown, Ivo Labar, Jennifer A. Huber, Julie Salamon, Kevin Barry, Marc R. Lewis, Patricia L. Peden, Paulette Taylor, Robin G. Workman, Thomas B. Mayhew, Thomas J. Brandi
Recorded on: Oct. 20, 2014
PLI Program #: 52506

Patricia L. Peden is a Shareholder in the San Francisco litigation office of LeClairRyan LLC.

Ms. Peden’s practice is focused on complex litigation, with an emphasis on patent infringement litigation.  She has litigated large, complex cases with multi-million-dollar damages claims. Her  cases have involved a wide range of technologies, including cellular telephony, biotechnology, automotive audio-visual systems, LED technology, semiconductor manufacturing, industrial equipment, and ecommerce software, to name a few.  Ms. Peden also has substantial experience with cases involving business torts, trade secrets, antitrust, fraud, breach of contract, defamation and class action litigation.  Ms. Peden has litigated and tried cases in federal courts across the country.  She regularly lectures and teaches courses on evidence and trial advocacy.

Ms. Peden earned her J.D. from the University of California at Berkeley, Boalt Hall School of Law.  She served as a law clerk to the Honorable Richard C. Tallman, United States Court of Appeals for the Ninth Circuit and to the Honorable David Folsom, United States District Court for the Eastern District of Texas.

Judge Jeffrey S. White is a United States District Court Judge for the Northern District of California, Oakland Division.  Before his appointment to the bench 2003, Judge White was a partner and chair of the Litigation Department of Orrick, Herrington & Sutcliffe, in San Francisco, California.  Judge White has taught civil trial advocacy at the University of California, Berkeley Law, and Hastings College of the Law.  He received his J.D. at State University of New York at Buffalo School of Law in 1970.

Thomas J. Brandi has tried cases to verdict in 17 jurisdictions and has obtained numerous jury verdicts ranging from $1 million to $1 billion.  A lawyer for more than 30 years, in 1993 Brandi started his own firm, The Brandi Law Firm, representing plaintiffs in serious injury and mass tort cases.  He was Consumer Attorneys of California Trial Lawyer of the year in 2004 (also nominated in 2002 and 2012), a four time nominee for Trial Lawyer of the Year for the San Francisco Trial Lawyers Association, and Best Lawyers' 2013 Lawyer of the Year in San Francisco for personal Injury.  Brandi has been included in Best Lawyers in America since 1994 and in the top 100 attorney rankings of Super Lawyers since 2004 and in the Top Ten for 2013.  He is past president of the Consumer Attorneys of California and the San Francisco Trial Lawyers, a member of the International Academy of Trial Lawyers, American College of Trial Lawyers, American Board of Trial Advocates, and Litigation Counsel of America.  He is an adjunct Professor at the University of San Francisco Law School and was named USF School of Law Alumnus of the Year in 2009 and Adjunct Professor of the Year in 2010.

Christopher Banys started Banys, P.C. with one goal in mind: providing intelligent, effective, advocacy to help his clients achieve justice.  Whether he’s helping an inventor protect her invention in a complex patent-infringement case, representing a class of employees wrongfully denied their wages, helping a small business with trademark issues, helping the victim of a serious personal injury get the help he needs to pay his medical bills and rebuild his life, or working free of charge to help a homeless family stay in emergency shelter, Mr. Banys brings his passion for justice to every client, in every case.

This dedication to helping his clients has earned Mr. Banys recognition from his peers and the press.  Indeed, the National Trial Lawyers Association named Mr. Banys among the Top 100 Trial Lawyers in America in 2012, 2013 & 2014.  The Recorder named Mr. Banys a “Lawyer On The Fast Track” in 2012, one of just 50 lawyers in California to receive that honor.  And the SuperLawyers publication named Mr. Banys a Super Lawyer in 2014 and Rising Star in 2011, 2012 & 2013.

Mr. Banys’ commitment to justice includes lending a hand to those in need who cannot afford legal help, earning him pro bono awards including: An Equal Justice America fellowship; several law firm awards, including pro bono associate of the year; the Legal Services for Children’s 2008 Pro Bono Advocate Award; and a Certificate of Appreciation from the Northern District of California’s Silicon Valley Pro Bono Project in 2011.

Mr. Banys has become well-known for helping inventors stand up to patent infringers, regardless of their size, and has served as lead trial lawyer in scores of patent-infringement cases around the country.  As a result of his knowledge and reputation, Mr. Banys was invited to present at the first international Cloud Law Summit, has advised members of congress and submitted congressional testimony on the issue of patent reform.  Mr. Banys also has extensive experience litigating commercial, class-action, personal injury, and employment cases in federal, state and administrative-law courts.

Mr. Banys founded the Intellectual Property Litigation Group of the American Association for Justice and is active in several other legal associations.

Raised in the San Francisco Bay Area, Mr. Banys lives in the heart of Silicon Valley with his wife, children and a lovable pit bull named Spencer.  He is an outdoorsman and a commercially-rated pilot.

Ivo Labar, a partner in Kerr & Wagstaffe LLP, practices both trial and appellate litigation.  His practice primarily involves insurance policyholder rights and class actions.  He has tried numerous cases to verdict or judgment.

Mr. Labar graduated from the California Maritime Academy in 1994 with a B.S. in Marine Transportation and a U.S.C.G. Third Mates License.  He then served as a deck officer in the United States Merchant Marine.

He graduated from Hastings College of the Law in 1999 with honors and was made a member of the Thurston Society.  He also was a member of the Hastings Law Journal.

After law school, Mr. Labar served as a law clerk to the Honorable Charles Legge, United States District Court for the Northern District of California.

Mr. Labar joined Kerr & Wagstaffe LLP in September 2001 and became partner in December 2007.  Mr. Labar is a contributing editor to The Rutter Group’s Practice Guide Federal Civil Procedure Before Trial and authors annual updates regarding developments in class action practice, jurisdiction and other issues.  He also regularly lectures at law schools and universities in the Bay Area on media law and civil procedure.

Julie Salamon is a partner at Arguedas, Cassman & Headley LLP, a criminal defense boutique in Berkeley, California. She practices in both federal and state court, and her caseload runs the gamut from complex white-collar securities, health care and fraud cases in federal court, to assault, drug offenses and various other felony and misdemeanor cases in state court.

Julie is also an experienced and effective advocate for students in Title IX investigations at colleges and universities, and recently published an article about how to successfully defend those accused in student conduct proceedings.

A Missouri native, Julie graduated from Oberlin College in 1995, and from Berkeley Law in 2000, where she was elected to the Order of the Coif. She clerked for The Honorable David F. Levi of the U.S. District Court for the Eastern District of California, and was a litigation associate at Farella Braun + Martel, before joining Arguedas, Cassman & Headley LLP in 2002.  In 2015, Julie was elected to the Board of Governors of California Attorneys for Criminal Justice. She is also a member of the American Constitution Society and the National Association of Criminal Defense Lawyers.

Magistrate Judge Jacqueline Scott Corley has presided over a variety of civil cases at all stages of the proceedings, from motions to dismiss through jury trial. She has also served as a settlement judge in nearly every type of federal litigation.

Just prior to her 2011 appointment to the Court, Judge Corley was a partner at Kerr & Wagstaffe, LLP in San Francisco as a civil litigator with an emphasis on federal practice. She represented individuals, government entities, and institutions as plaintiffs and defendants in a variety of matters that included trademark, copyright, patent, constitutional law, defamation, malicious prosecution, class actions, contract and probate.

From 1998 through 2009 Judge Corley served as a career law clerk to the Honorable Charles R. Breyer. She also served on the Northern District of California Alternative Dispute Resolution mediation and early neutral evaluation panels from 2006 through her appointment.

Judge Corley received her undergraduate degree from U.C. Berkeley, and her J.D. from Harvard Law School, magna cum laude, where she was an editor and Articles Chair of the Harvard Law Review. Upon graduation she served as a law clerk to the Honorable Robert E. Keeton of the United States District Court for the District of Massachusetts. She then practiced complex commercial litigation and white collar criminal defense at Goodwin, Procter LLP in Boston and was a litigation associate at Coblentz, Patch, Duffy & Bass LLP in San Francisco before joining Judge Breyer in 1998.

Robin Workman’s practice focuses almost exclusively on representing employees in wage and hour class actions.  These actions include claims for unpaid overtime, off the clock work, failure to provide meal and rest periods, and failure to reimburse employment-related expenses, including mileage and uniform expenses.  Robin has prosecuted class actions throughout California and the United States on behalf of tens of thousands of employees and is one of the few trial lawyers in California who has tried a class action.  In 2014, Robin tried an exemption class action to decision in the Sacramento County Superior Court, obtaining an $8.3 million judgment for a class of 122 claims adjusters in York Claims Service Wage and Hour Cases, Sacramento County Superior Court Judicial Council Coordination Proceeding No. 4560 (order filed May 27, 2015).  Given her extensive experience in this area, Robin also regularly argues cases before the California Courts of Appeal and the Ninth Circuit, obtaining written opinion in cases such as Reyes v. Macy’s, Inc., 202 Cal. App. 4th 1119 (2011); Kullar v. Foot Locker Retail, Inc., 191 Cal. App. 4th 1201 (2011); Bufil v. Dollar Financial Group, Inc., 162 Cal. App. 4th 1193 (2008), and Alcantar v. Hobart, et al., 800 F.3d 1047 (9th Cir. 2015).  Robin also represents individual employees in actions against employers for claims of discrimination, harassment, and retaliation.  Robin regularly speaks on panels discussing evidentiary issues as well as settlement strategies.  She is a graduate of the Texas Tech University School of Law, graduating Order of the Coif, after which she clerked at the Texas Supreme Court before beginning her work in private practice.

The Honorable Tracie L. Brown is a Judge on the San Francisco Superior Court.

Judge Brown graduated magna cum laude from Harvard University in 1992.  She received a Juris Doctorate from the University of California, Berkeley, Boalt Hall School of Law in 1996.  Judge Brown clerked with the Honorable M. Margaret McKeown, Judge of the United States Court of Appeals for the Ninth Circuit.  She also worked as an associate for Morrison Foerster LLP and Cooley Godward LLP before moving to the U.S. Attorney’s Office in 2002.  Also in 2002, Judge Brown received the California State Bar’s Jack Berman Award for Distinguished Service to the Profession and the Public.  In 2003, she received the Asian American Bar Association’s Joe Morozumi Award for Exceptional Legal Advocacy.  In 2013, Judge Brown was given a United States Department of Justice Director’s Award.

In May 2013, Governor Jerry Brown appointed Judge Brown to a position on the San Francisco Superior Court.  Since her appointment, Judge Brown has presided over criminal trials, preliminary hearings, and the domestic violence court.

Thomas Mayhew is a trial lawyer who represents companies and individuals in high-stakes business disputes, and is the head of the firm’s Business Litigation Group.  He represents both plaintiffs and defendants from the Bay Area’s leading industries in cases involving breach of contract, fraud, negligent misrepresentation, and other business torts.  He has significant class action experience, having litigated dozens of class actions including claims of false advertising, corporate breach of fiduciary duty, and federal securities law.

Mr. Mayhew has handled a number of technology disputes.  He recently obtained summary judgment on a $450 million damages claim in federal court based on a technology development agreement, by showing that an exclusive remedies provision in the contract barred the claim.  He was first-chair in a two week arbitration concerning the sale of a technology company involving allegations about ownership of the company’s IP, and in another case tried an arbitration over the correct calculation of royalties due under a patent infringement settlement.

Other significant matters in his diverse practice include a $9.89 million jury verdict, including punitive damages, for intentional interference with contract against commercial landlords who prevented a business acquisition; a settlement, on the second day of jury trial, in a multimillion dollar case against a contract manufacturer for negligent quality control; and a nine week bench trial of a complex class action against Bank of America for fraud and “false claims” over the handling of municipal bond issues, which resulted in the bank disgorging over $187.5 million to state and local governments.  In a criminal case, he and his co-counsel obtained a complete acquittal and dismissal of all five counts after a three and a half week jury trial.

Mr. Mayhew has also defended a large number of cases under 17200, involving allegations of false labeling or advertising, kickback schemes, pricing/antitrust violations, and other allegedly “unfair” and “unlawful” business practices, and represents both individuals and corporations in federal securities class actions, derivative suits, and partnership disputes.  Notable matters include defending Nestle Waters in a series of lawsuits claiming that its bottled water was mislabeled as “spring water;” successfully defeating class certification in a federal RICO case against an on-line auctioneer accused of fraudulently bidding on its own items; and representing the Chief Accounting Officer and acting Chief Financial Officer of McKesson in a number of lawsuits over McKesson’s purchase of HBOC and the disclosure of accounting problems.

Mr. Mayhew received his J.D. from Boalt Hall School of Law, University of California at Berkeley in 1995, where he was elected to the Order of the Coif.  He earned a B.A., with high honors, from the University of California at Santa Barbara in 1992.  He clerked for Judge David Levi of the United States District Court for the Eastern District of California, and Judge William W. Schwarzer of the United States District Court for the Northern District of California, sitting by designation on the Third Circuit and Ninth Circuit Courts of Appeals.  Mr. Mayhew serves on the Board of Governors for the Association of Business Trial Lawyers for Northern California, and is currently the board’s Secretary.

Elizabeth is an experienced trial attorney and tenacious problem solver.  She has represented a number of leading businesses and individuals in Silicon Valley. Elizabeth’s areas of focus include trade secrets theft, contract disputes, and business torts.  She enjoys advocacy in court, but she has also negotiated many successful outcomes for her clients out of court.  Elizabeth is also a seasoned investigator to whom clients have trusted sensitive inquiries.

Elizabeth Pipkin was lead trial counsel in the nation's first no-fly list trial.  After a nine-year legal battle with the Department of Justice, the court ordered the government to clear the name of her client, a prominent Malaysian scholar and Stanford Ph.D. Elizabeth has been quoted by multiple international media outlets in conjunction with the case, including the New York Times, Wired, AP, San Francisco Chronicle, San Jose Mercury News, and others. Elizabeth is the team leader for McManis Faulkner's civil litigation group in San Jose, California. 

Professional and Community Contributions
Elizabeth is a member of the Santa Clara County Bar Association and a board member of the Law Foundation of Silicon Valley.

Awards / Honors

  • Named one of the region’s top 40 under 40 by the Silicon Valley Business Journal, 2013
  • Named to the Northern California Super Lawyers – Rising Stars, 2009, 2010, and 2011.
  • Recipient of the YWCA of Silicon Valley’s Tribute to Women TWIN Award.
  • Served as law clerk for The Hon. Nancy F. Atlas, U.S. District Court, Southern District of Texas, 2002-2003.

State Bar of California
U.S. District Courts, Northern and Central Districts of California
U.S. District Courts, Northern and Southern Districts of Texas
Ninth Circuit Court of Appeals
District of Columbia Circuit Court of Appeals
State Bar of Texas

J.D., Harvard Law School, 2001
B.A., Brigham Young University, 1998

Jennifer Huber is a partner at the San Francisco law firm Keker & Van Nest.  She has litigated cases before state and federal courts throughout California and the United States.  Ms. Huber handles white collar matters and complex civil litigation, including securities, contract, trade secret, intellectual property, privacy, and employee mobility disputes.  Ms. Huber’s significant trial experience includes successfully defending executives in high-profile options backdating and securities fraud litigation, defeating a patent troll on behalf of Google and its customers, and representing HTC in the billion dollar smartphone wars.  She also maintains an active pro bono practice, focusing on criminal justice issues.  Prior to joining Keker & Van Nest, Ms. Huber clerked for the Hon. James L. Robart of the U.S. District Court, Western District of Washington.  She received her B.A. from U.C. Berkeley, and her J.D. from the U.C. Berkeley School of law.

Kevin Barry is an Assistant United States Attorney and the Chief of the General Crimes Section in the United States Attorney’s Office in San Francisco.  He has prosecuted cases involving crimes such organized crime and drug distribution, weapons offenses, human trafficking, and extortion, among others, and has had a number of trials in these areas.  Prior to joining the U.S. Attorney’s Office, he was a litigation associate at Boies, Schiller & Flexner.  At the firm, he worked on antitrust matters and complex commercial litigation on both the plaintiff and defense sides.  Immediately after law school at U.C. Berkeley, he served as a law clerk for the Hon. Martin Jenkins of the Northern District of California.  Prior to law school, he received a degree in philosophy from Fordham University and a degree in international politics from Penn State.

  • Latham & Watkins LLP, 2004-2010
  • Deputy City Attorney, City and County of San Francisco, 2010-2012
  • Adjunct Professor, Appellate Advocacy, Golden Gate University School of Law
  • Member, Executive Committee, Litigation Section, Bar Association of San Francisco
  • Clerkship: Chief Judge Vaughn R. Walker (Ret.) United States District Court for the Northern District of California
  • UCLA School of Law, JD
  • UCLA Law Review, Senior Editor
  • UCLA, BA (summa cum laude, phi beta kappa)

Marc Lewis is a partner and co-founder of Lewis & Llewellyn LLP, and has extensive experience litigating civil cases. He has won cases before juries in state and federal courts, and has also prevailed in the Ninth Circuit Court of Appeals and the California Court of Appeal.

Mr. Lewis attended the University of California, Los Angeles where he graduated summa cum laude and phi beta kappa. Mr. Lewis then moved to Washington, D.C., where he served as a speechwriter in the Clinton Administration. Mr. Lewis later returned to Los Angeles and attended UCLA School of Law, where he was the Senior Editor of the UCLA Law Review. During law school, Mr. Lewis created and taught an undergraduate course on presidential rhetoric and served as a writing advisor for first-year law students.
After law school, Mr. Lewis worked for six years in the San Francisco office of Latham & Watkins, one of the world's leading law firms. At Latham & Watkins, Mr. Lewis focused on complex commercial litigation, specializing in antitrust litigation and white collar criminal defense. Mr. Lewis also clerked for the Honorable Vaughn R. Walker, the former Chief Judge of the Northern District of California.

Upon leaving Latham & Watkins, Mr. Lewis served as a Deputy City Attorney on the Trial Team for the City and County of San Francisco. As a trial deputy, Mr. Lewis defended the City and County of San Francisco in state and federal court, specializing in civil rights, constitutional, personal injury, and complex civil cases. Some of Mr. Lewis's representative matters can be found here.
In addition to his work at Lewis & Llewellyn, Mr. Lewis has also been extremely active in the legal community and maintains a commitment to pro bono service. Among other things, Mr. Lewis helped found the Homeless Rights Project in connection with the Lawyers' Committee on Civil Rights. Mr. Lewis has also obtained asylum for several clients from Latin America before the Ninth Circuit Court of Appeals, and has represented victims of domestic violence under the Violence Against Women Act.

Mr. Lewis also currently serves as an Adjunct Professor at Golden Gate University School of Law, where he teaches appellate advocacy.

Bar Admissions

  • California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Southern District of California
  • Ninth Circuit Court of Appeals

Publications, Presentations And Affiliations

  • Member, Executive Committee, Litigation Section, Bar Association of San Francisco (2012-present).
  • "How to Litigate a CFAA Civil Action After United States v. Nosal," San Francisco Daily Journal, (December 12, 2012).
  • Panelist, "Superior Court Boot Camp Conference," Pincus Professional Education (October 2012).
  • "Litigating California's Anti-SLAPP Statute In Federal Court."  San Francisco Daily Journal, (May 1, 2012).
  • Panelist, "Mastering the Deposition: A Critical Skills Workshop," Pincus Professional Education (April 2012).
  • Author, Lost in Probation: Contrasting the Treatment of Probationary Search Agreements in California and Federal Courts, 51 UCLA Law Review 1703 (2004); exploring the level of constitutional scrutiny afforded to probationers following the Supreme Court's landmark decision in United States v. Knights.
  • Presenter, Developments in Patent Law, Boalt Hall School of Law (September 2007);addressing the topic of forum selection in patent litigation and dispelling the myth that the Eastern District of Texas is the best venue for a patent plaintiff.
  • Teaching Fellow, Writing the President's Words: Modern Presidential Rhetoric, UCLA (Spring 2004)
  • Researcher/Editor, Ripples of Hope, a history of American Civil Rights speeches (2003)
  • Member, Edward J. McFetridge Inn of Court
  • Member, Team Roaring Mouse (road and mountain bike racing team in San Francisco)

With almost twenty years of experience, Senior Consultant Paulette Taylor is among the most respected trial consultants in the field. She has selected hundreds of juries throughout the country, in virtually every type of civil and criminal case. Well-known cases that Taylor has consulted on include the prosecutions of Timothy McVeigh, Scott Peterson, Frank Quattronne and Martha Stewart, the defenses of Dr. Jack Kevorkian and Arizona Governors Meacham and Symington, and the WorldCom securities litigation.

In addition to jury selection, Taylor is an expert in focus group and mock jury facilitation and in the design and implementation of community attitude surveys. She is also a noted authority on jury strategy and regularly consults on voir dire, pretrial jury questionnaires, opening statements, witness preparation, the design of litigation graphics and jury monitoring.

A published author, Taylor writes and lectures on jury issues for legal audiences nationwide. Topics include jury selection and witness preparation, as well as jury persuasion issues relating to intellectual property, employment law, products liability and general commercial litigation. Taylor has a Master’s degree in Communications from the University of California at Berkeley and is a member of the American Society of Trial Consultants.