California’s 17200 – Its Use and Abuse
San Diego Lawyers Chapter and State Courts
Westgate Hotel, San Diego1055 2nd Avenue
San Diego, CA 92101
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Attorney, Spiro Moss LLP
Mr. Leviant is a civil litigation attorney with over 11 years of experience (10 as an attorney) handling complex and class action matters. Over the last five years, Mr. Leviant litigated class actions at several large plaintiffs' firms. Before that, Mr. Leviant worked at the small civil litigation firm Stanbury & Fishelman, Inc., where he handled increasingly sophisticated matters, including complex commercial litigations, class actions, appellate matters and civil trials.
Mr. Leviant has obtained several published appellate decisions, including Ghazaryan v. Diva Limousine, Ltd. 169 Cal. App. 4th 1524 (2009), which reversed a denial of class certification and obtained an Order of the Court of Appeal directing certification of the proposed class, Laliberte v. Pacific Mercantile Bank, 147 Cal. App. 4th 1 (2007), which reversed an adverse trial court ruling and reaffirmed the expansive nature of the “community of interest” concept in California class actions, andJohnson v. Glaxosmithkline, Inc., 166 Cal. App. 4th 1497 (2008), as modified (October 14, 2008), rev. denied, which reversed an adverse trial court ruling and questioned the rationale and viability of Alvarez v. May Dept. Stores Co., 143 Cal. App. 4th 1223 (2006).
Mr. Leviant is also the founder, primary author and Editor-in-Chief of The Complex Litigator, a legal blog focusing on developments in the areas of class action practice, complex litigation, and technology for small firms. In addition to his blog, Mr. Leviant has authored or co-authored various published articles.
Mr. Leviant is in his third year of service on the Board of Governors for the Consumer Attorneys of California.
Mr. Leviant is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Eighth and Ninth Circuits, the United States District Courts for the Central, Southern and Northern Districts of California and all California Courts.
Mr. Leviant received his undergraduate degree from Occidental College. Graduating cum laude, Mr. Leviant majored in economics and received a “minor” emphasis in mathematics. Along with his study of economics and mathematics, he also had an emphasis in physics. This combination of scientific and economic education has been of assistance during his litigation of complex civil actions. Mr. Leviant received his law degree from the University of Southern California Law Center.
University of San Diego School of Law
Former San Diego Superior Court Judge
Hon. Michael B. Orfield (Ret.) was a jurist for 20 years, mostly as a civil independent calendar judge. His experience and expertise as a civil judge spread widely across such diverse areas as catastrophic personal injury, medical and legal malpractice, product and construction defects, breach of warranties, easements, breach of contract, wrongful death and a variety of business disputes. His strength as a mediator "...comes from being able to call upon a broad plain of knowledge, coupled with an attention to detail, empathy for the participants, and a conviction that the resolution should be their own."
Judge Orfield retired as a member of the statewide Continuing Judicial Education Committee, and still has a passion for teaching. He currently teaches "Trying the Complicated Case: From Trial Readiness to Verdict" as well as the LexisNexis Jury Instruction computer program for both civil and criminal jury instructions. He has also taught "Leading Organizational Change" as well as the week long "Civil Overview for Judges".
Judge Orfield was appointed by Chief Justice Ronald George to the original Task Force on Civil Jury Instructions and then to the Advisory Committee on Civil Jury Instructions. Justice George also appointed him a member of the prestigious Judicial Council of the State of California. Judge Orfield has served as a member of the Judicial Council Presiding Judges and Court Executives Advisory Committee and the Judicial Needs Advisory Committee.
Judge Orfield has served on the Board of the San Diego Humane Society and chaired the North County "Bridging the Gap" program for new lawyers. Before transferring to the Vista Courthouse, he co-moderated the San Diego County Bar Association Bridging the Gap program.
In 1972, Judge Orfield earned his Bachelor of Arts degree in Biology from the University of California at San Diego, and obtained his law degree from California Western School of Law in 1977. Judge Orfield also completed one year of graduate study in Microbiology and Immunology at Duke University in 1974.
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Executive General Counsel, First Liberty Institute
Hiram Sasser is Executive General Counsel for First Liberty Institute, where he oversees First Liberty’s litigation and media efforts. Sasser’s practice focuses on First Amendment and other constitutional and civil rights issues relating to religious liberty. Sasser served as co-counsel in seven victories before the United States Supreme Court, including Groff v. DeJoy (landmark case overturning the “de minimis cost” test for Title VII in place almost 50 years), Kennedy v. Bremerton (landmark case overturning 50 years of Establishment Clause precedent), Carson v. Makin (overturning 40 years of Maine’s discrimination against parents choosing faith-based schools), American Legion v. American Humanist Association (landmark case ending Establishment Clause attacks on veterans’ memorials with religious imagery), Klein v. Oregon Bureau of Labor and Industries (granted, vacated, and remanded (twice) in religious wedding service case), and Sause v. Bauer (summary reversal revoking qualified immunity for police who ordered a citizen not to pray in her own home).
In addition to his legal duties, Sasser develops, coordinates, and implements successful media strategies on behalf of his clients. This includes numerous appearances on ABC, NBC, CBS, Fox News, CNN, and the BBC as well as being heard on various radio stations throughout the United States, Asia, Africa, and Europe.
In 2016, Sasser took a leave of absence to serve a temporary assignment as the Chief of Staff for the Attorney General of Texas. He currently serves as an Adjunct Professor of Law at both The University of Texas at Austin School of Law (teaching Religious Liberty) and Oklahoma City University School of Law (teaching Civil Rights Procedure).
Senior Of Counsel, Covington & Burling LLP and Executive Chairma, The Chertoff Group
Michael Chertoff concentrates in the area of White Collar Defense and Investigations. In recent years, he has handled a series of federal investigations, including complex criminal and civil regulatory matters. He has advised major clients on SEC and Justice Department investigations and successfully served as the independent monitor of a major national healthcare company under criminal and civil investigation.
In addition to his legal work, Mr. Chertoff is Founder and Chairman of The Chertoff Group, a security and risk management firm, where he provides high-level strategic counsel to corporate and government leaders on a broad range of security issues, from risk identification and prevention to preparedness, response and recovery.
In April of 2012, Mr. Chertoff was elected as the new Chairman of the Board of Directors of BAE Systems, Inc. He also sits on the board of directors or board of advisors of a number of companies and nonprofits.
Previously, Mr. Chertoff served as Secretary of the Department of Homeland Security. As Secretary, he led a 218,000 person department with a budget of $50 billion. Mr. Chertoff developed and implemented border security and immigration policy; promulgated homeland security regulations; and spearheaded a national cyber security strategy. He also served periodically on the National Security Council and the Homeland Security Council, and on the Committee on Foreign Investment in the United States.
Prior to his appointment to the Cabinet, Mr. Chertoff served from 2003 to 2005 on the U.S. Court of Appeals for the Third Circuit. Before becoming a federal judge, Mr. Chertoff was the Assistant Attorney General for the Criminal Division of the U.S. Department of Justice. In that position, he oversaw the investigation of the 9/11 terrorist attacks, and formed the Enron Task Force, which produced more than 20 convictions, including those of CEOs Jeffrey Skilling and Kenneth Lay.
Mr. Chertoff’s career includes more than a decade as a federal prosecutor, including service as U.S. Attorney for the District of New Jersey, First Assistant U.S. Attorney for the District of New Jersey, and Assistant U.S. Attorney for the Southern District of New York. As a federal prosecutor, Mr. Chertoff investigated and personally prosecuted significant cases of political corruption, organized crime, and corporate fraud.
From 1994-2001, Mr. Chertoff represented major corporations and individuals in numerous white collar investigations and trials. Among other matters, he successfully represented the nation’s largest hospital company in a four year, multi-jurisdictional criminal and civil investigation, represented major corporations in corruption scandals, and obtained acquittals at trial for individual criminal defendants.
Mr. Chertoff has received numerous awards including the Department of Justice Henry E. Petersen Memorial Award (2006); the Department of Justice John Marshall Award for Trial of Litigation (1987); NAACP Benjamin L. Hooks Award for Distinguished Service (2007); European Institute Transatlantic Leadership Award (2008); and two honorary doctorates. His trial experiences have been featured in over half a dozen books and many news articles.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Professor of Practice and Director, Civic Leaders Center, Paul H. O’Neill School of Public and Environmental Affairs, Indiana University
Paul Helmke, former president and CEO of the Brady Center/Brady Campaign to Prevent Gun Violence and three-term mayor of Fort Wayne, Indiana, is a professor of practice at O'Neill School of Public and Environmental Affairs and the founding director of the Civic Leaders Living-Learning Center. Helmke's professional interests include law and public policy, civic education and participation, mayoral and nonprofit leadership, urban issues, and gun control. His experience on gun control issues lands him frequent mentions and interviews in national news stories and programs.
Born in Bloomington and raised in Fort Wayne, Helmke practiced law there for more than 14 years before winning an upset victory over a two-term incumbent mayor in 1987. During the 1990s, he was appointed to Federal cabinet advisory committees dealing with violence against women and school-to-work transitions. He served as president of the U. S. Conference of Mayors during his final term in office. In 1998, Helmke won the primary to be the Republican nominee for U. S. Senate in Indiana, but lost in the general election to former Governor Evan Bayh.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
President, Constitutional Accountability Center
Doug is founder and President of the Constitutional Accountability Center (CAC), a think tank, law firm and action center dedicated to fulfilling the progressive promise of our Constitution's text and history. He previously founded and directed Community Rights Counsel (CRC), CAC's predecessor organization. Doug has represented clients in state and federal appellate courts around the country and he has co-authored more than a dozen briefs filed before the U.S. Supreme Court. He is co-author of three books and lead author of numerous reports and studies. He launched and helped direct (with Earthjustice) the Judging the Environment Project, a comprehensive effort to highlight the environmental stakes in the future of the U.S. Supreme Court and appointments to the federal bench. Doug has appeared on television programs including Nightline, 20/20, Fox News Sunday, and World News Tonight, and radio broadcasts on NPR, CBS News, and Air America. His academic writings have appeared scholarly journals including the Virginia Law Review. His commentary has run in the New Republic, the American Prospect, Slate, and dozens of major papers including the Washington Post, USA Today, and the Los Angeles Times. Doug is a blogger on Huffington Post. Doug received his undergraduate and law degrees from the University of Virginia.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Andrew Sabin Professor of Professional Practice and Founder and Faculty Director of the Sabin Center for Climate Change Law, Columbia University Law School
The founder and faculty director of the groundbreaking Sabin Center for Climate Change Law and one of the foremost environmental lawyers in the nation, Michael Gerrard is an advocate, litigator, teacher, and scholar who has pioneered cutting-edge legal tools and strategies for addressing climate change. He writes and teaches courses on environmental law, climate change law, and energy regulation. He was the chair of the faculty of Columbia University’s renowned Earth Institute from 2015 to 2018 and now holds a joint appointment to the faculty of its successor, the Columbia Climate School.
For three decades, before joining the Columbia Law School faculty in 2009, Gerrard practiced law in New York, most recently as the partner in charge of the New York office of Arnold & Porter. As an environmental lawyer, he tried numerous cases and argued many appeals in federal and state courts and administrative tribunals. He also handled the environmental aspects of diverse transactions and development projects and provided regulatory compliance advice to an array of clients in the private and public sectors. Several publications rated him the leading environmental lawyer in New York and one of the leaders in the world.
Partner, Willkie Farr & Gallagher LLP
Francis J. Menton, Jr. is a partner in the Litigation Department and Co-Chair of the Business Litigation Practice Group of Willkie Farr & Gallagher LLP in New York. Mr. Menton specializes in complex and technical commercial litigation, principally contract and securities claims. He has a nationwide trial practice, and has tried cases in state and federal courts including Colorado, Kansas, Massachusetts, Michigan, New York, Puerto Rico, Texas, Virginia, and Washington.
Mr. Menton is the author of "New Opportunities for Defendants in Securities Class Actions," Engage (Fall 2007), "Can You Protect Yourself Against Identity Theft?" New York Law Journal (April 29, 2002), and "Top Ten Federal Government Efforts to Suppress Free Speech," Federalist Society Free Speech and Election Law News (Summer 2000, 1999, 1998). He also authored "Evaluating Claims Under The Securities Litigation Reform Act of 1995," New York Law Journal (January 6, 1996).
Professorial Lecturer in Law, The George Washington University
Paul Rosenzweig is an accomplished writer and speaker with a national reputation in cyber security and homeland security. He is the founder of Red Branch Consulting PLLC, a homeland security consulting company. He is also a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security.
He is a Professorial Lecturer in Law at George Washington University, and a Senior Fellow in the Tech, Law & Security Program at the American University, Washington College of Law. He serves as an advisor to and former member of the American Bar Association Standing Committee on Law and National Security, and a Contributing Editor of the Lawfare blog. He is a member of the ABA Cybersecurity Legal Task Force and of the United States Court of Appeals for the District of Columbia Circuit Advisory Committee on Admissions and Grievances. He serves, as well, as a Hearing Committee Member of the District of Columbia Board of Professional Responsibility. In 2011 he was a Carnegie Fellow in National Security Journalism at the Medill School of Journalism, Northwestern University.
Mr. Rosenzweig is a cum laude graduate of the University of Chicago Law School. He has an M.S. in Chemical Oceanography from the Scripps Institution of Oceanography, University of California at San Diego and a B.A from Haverford College. Following graduation from law school he served as a law clerk to the Honorable R. Lanier Anderson, III of the United States Court of Appeals for the Eleventh Circuit.
He is the author of Cyber Warfare: How Conflicts in Cyberspace are Challenging America and Changing the World and of three video lecture series from The Great Courses, Thinking About Cybersecurity: From Cyber Crime to Cyber Warfare; The Surveillance State: Big Data, Freedom, and You; and Investigating American Presidents.
He is the co-author (with James Jay Carafano) of Winning the Long War: Lessons from the Cold War for Defeating Terrorism and Preserving Freedom and co-editor (with Jill D. Rhodes and Robert S. Litt) of the Cybersecurity Handbook (3rd ed.). He is also co-editor (with Timothy McNulty and Ellen Shearer) of two books, Whistleblowers, Leaks and the Media: The First Amendment and National Security, and National Security Law in the News: A Guide for Journalists, Scholars, and Policymakers. Mr. Rosenzweig is a member of the Literary Society of Washington.