Benjamin G. Shatz

Practice Areas

Benjamin Shatz, a partner in Manatt’s Appellate practice, is a California State Bar-certified specialist in appellate law. A member of both the American and California Academies of Appellate Lawyers, Ben has an impressive record of earning results and creating new law in high-exposure cases in both state and federal court.

He is well known in California for his successful 30-year career devoted to appellate practice and for his popular monthly column in the Daily Journal on appellate law. Having briefed hundreds of civil appeals, writs and petitions in the U.S. Supreme Court, U.S. Courts of Appeals, California Supreme Court and California Courts of Appeal, he has amassed more than 100 published appellate opinions, covering nearly all federal circuits and California appellate courts. His primary areas of practice are real estate/land use, anti-SLAPP, employment, entertainment, copyright, trademark, banking, insurance, punitive damages, class actions and unfair competition. He is a frequent author and lecturer on appellate topics.

Professional Memberships

Fellow, American Academy of Appellate Lawyers

Member, Law360 Appellate Editorial Advisory Board, 2020–2021

Member, Board of Trustees, Los Angeles County Bar Association, 2019–present

Member, Ninth Circuit’s Advisory Committee on Rules and Internal Operating Procedures, 2018–2020

Member, California Academy of Appellate Lawyers

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

Chair, LACBA State Appellate Judicial Evaluations Committee (2013‑2019; Vice Chair 2012; member since 2011)

Editor-in-Chief, California Litigation (2013-present), Editorial Board (2011-present)

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

Chair, LACBA Appellate Courts Committee (2009-11; Vice-Chair 2007-09; Secretary 2005-07; member since 1993)

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

LACBA Federal Courts Committee (1994-1998)

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

Publications

Newspaper Articles:

Happy 50th Anniversary, CAAL, Daily Journal, May 3, 2022.

Bear With Us, Daily Journal, April 5, 2022.

Sci-Fi Lit(igation), Daily Journal, March 1, 2022.

Multiverse Cosplay, Daily Journal, February 1, 2022.

The 2021 Appellate Year in Review, Daily Journal, Jan. 4, 2022

Appellate Horrorscope, Daily Journal, Dec. 7, 2021

Memo-dispo No-no, Daily Journal, Nov. 2, 2021

Tricks and treats in Halloween precedent, Daily Journal, Oct. 5, 2021

Titanic, Hindenburg, DIY appeals, Daily Journal, Sept. 7, 2021

Butting in on appeal, Daily Journal, Aug. 3, 2021

50 Ways to Leave Your Appeal, Daily Journal, July 6, 2021

Putting a Contract Out On Appeals, Daily Journal, June 1, 2021

The glorious history of the Committee on Appellate Courts, Daily Journal, May 3, 2021

I Want A New Judge, Daily Journal, April 6, 2021

The other 3R’s: Reversed, Remanded, Reassigned, Daily Journal, March 2, 2021

Conduct unappealing, Daily Journal, Feb. 2, 2021

The score after a score, Daily Journal, Jan. 5, 2021

Jumbled justices, Daily Journal, Dec. 1, 2020

You are not James Bond, Daily Journal, Nov. 3, 2020

Sprechen sie Deutsch?, Daily Journal, Oct. 6, 2020

The need for speed, Daily Journal, Sept. 1, 2020

AWOL@Oral Arg.gone, Daily Journal, Aug. 4, 2020

Normal is not, Daily Journal, July 7, 2020

A little help here?, Daily Journal, June 2, 2020

No Appeal for You!, Daily Journal, May 5, 2020

Remotely Interesting, Daily Journal, April 27, 2020

Can’t stop, won’t stop, Daily Journal, April 7, 2020

It’s not easy being green, Daily Journal, March 3, 2020

Length matters, Daily Journal, Feb. 4, 2020

Striking the wrong tone, Daily Journal, Jan. 7, 2020

Free books and more!, Daily Journal, Dec. 2, 2019

And that’s final!, Daily Journal, Nov. 5, 2019

Now hear this!, Daily Journal, Oct.1, 2019

Isn’t that special?, Daily Journal, Sept. 3, 2019

Stray Dancing, Daily Journal, Aug. 6, 2019

Appellate Me Too!, Daily Journal, July 2, 2019

California’s Armendariz opinion violates federal law, Daily Journal, June 28, 2019

Supreme removal, Daily Journal, June 4, 2019

Abbreviated Justice, Daily Journal, May 7, 2019

Minerva appeals, Daily Journal, April 2, 2019

Invisible Justice, Daily Journal, March 5, 2019

Holy, Holey Rules!, Daily Journal, Feb. 5, 2019

Waking Dead Appeals, Daily Journal, Jan. 2, 2019

Free Money!, Daily Journal, Dec. 4, 2018

How Golden is Silence?, Daily Journal, Nov. 6, 2018

Slumming It With Facts On Appeal, Part 2 — Going To The 909, Daily Journal, Oct. 3, 2018

Did you notice that this fact was not in the record on appeal?, Daily Journal, Sept. 4, 2018

Poco Loco Rules, Daily Journal, Aug. 7, 2018

Riding the Waive, Daily Journal, July 3, 2018

Citing the Uncitable, Daily Journal, June 6, 2018

Mooting Mootness, Daily Journal May 1, 2018

A Class-ic Exception, Daily Journal, April 3, 2018

If You’re a Loser, Act Like It, Daily Journal, March 6, 2018

Appeals are for Losers, Daily Journal, Feb. 6, 2018

When 60 Days is Too Late!, Daily Journal, Jan. 2, 2018

Treatises and Book Chapters:

Co-author, Matthew Bender Practice Guide: California Civil Appeals and Writs

Co-author, Appellate Oral Argument: A Purposeful Conversation, Being Heard: Presentation Skills for Attorneys

Law Review and Magazine Articles:

Editor’s Foreword: No Longer On Demand, 34:3 Cal. Lit. 8, 2021

Editor’s Foreword: PPP = Post-Pandemic Planning, 34:2 Cal. Lit. 8, 2021

Editor’s Foreword, Seriously, How Are You?, 34:1 Cal. Litigation 8, 2021

Editor’s Foreword, At a Crossroads for a Juster System, 33:3 Cal. Litigation 3, 2020

Editor’s Foreword, Sweet Successes — On or About 31 Flavors, 33:2 Cal. Litigation 3, 2020

Editor’s Foreword, The Future is Here, 33:1 Cal. Litigation 7, 2020

Editor’s Foreword, Still Flying High, 32:3 Cal. Litigation 3, 2019

Editor’s Foreword, Better, Faster, Cheaper! and Part 3: Why We Should All Love Tentatives, 32:2 Cal. Litigation 3, 2019

Editor’s Foreword, Singularly First Person, 32:1 Cal. Litigation 3, 2019

Insights on LACBA's State Appellate Judicial Evaluation Committee Los Angeles Lawyer, 2019

Editor’s Foreword, Full Courts, 31:3 Cal. Litigation 3, 2018

Editor’s Foreword, The East is (in the) Red!, 31:2 Cal. Litigation 3, 2018

Editor’s Foreword, Spring into Summer, 31:1 Cal. Litigation 3, 2018

Editor’s Foreword, The Curtain Rises for the CLA, 30:3 Cal. Litigation 3, 2017

Editor’s Foreword, Hail to the Chiefs, 30:2 Cal. Litigation 3, 2017

Editor’s Foreword, Ch-ch-changes, 30:1 Cal. Litigation 3, 2017

No, 42 is Not the Answer, 30:1 Cal. Litigation 4, 2017

Interview, Amazing Cool: Keeping Up With Goodwin Liu, Cal. Litigation Review 1, 2017

Editor’s Foreword, A Move From the Silver Linings Playbook, 29:3 Cal. Litigation 3, 2016

This is Not a Book Review, 29:2 Cal. Litigation 2, 2016

Editor’s Foreword, Golden Opportunity: A Fifth California Justice, 29:1 Cal. Litigation 3, 2016

Editor’s Foreword, Help for Litigants, Help for the Courts, 28:3 Cal. Litigation 3, 2015

Editor’s Foreword, This is Not a Eulogy!, 28:2 Cal. Litigation 3, 2015

Editor’s Foreword, Class Without Ostentation, 28:1 Cal. Litigation 3, 2015

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)

Podcasts:

Guest, Long-time ‘appellate nerd’ Ben Shatz on keeping your passion for blogging alive, Lexblog, Feb. 16, 2022

Guest, 9th Circuit Split?, Daily Journal, Jan. 20, 2017

Guest, Weekly Appellate Report #27, Daily Journal, Nov. 11, 2016