Benjamin G. Shatz

Partner

  • Benjamin G. Shatz
  • Phone: +1 213 689 7439

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  • Duane Morris LLP
    865 South Figueroa Street, Suite 3100
    Los Angeles, CA 90017-5450
    USA

Benjamin G. Shatz is a partner in the firm’s Trial Practice Group, focusing on appellate advocacy and complex litigation matters. Benjamin represents clients in high-stakes appeals, writ proceedings, and discretionary review matters in state and federal courts across the country. His appellate experience spans a broad range of industries and legal issues, including complex commercial disputes, entertainment and copyright matters, employment litigation, real estate and land use, banking and insurance, product and professional liability, class actions, unfair competition, and anti-SLAPP proceedings.

Benjamin has argued and handled matters before the U.S. Supreme Court, multiple U.S. Courts of Appeals, the California Supreme Court, and in every district and division of the California Court of Appeal. Earlier in his career, he served as a law clerk to the Honorable Robert J. Johnston of the U.S. District Court for the District of Nevada and as a judicial extern to the Honorable Dorothy W. Nelson of the U.S. Court of Appeals for the Ninth Circuit. A recognized thought leader in appellate law, Benjamin is a frequent author and speaker on litigation and appellate strategy. He is certified as a specialist in Appellate Law by the California Bar.

Since 2018, he has written a monthly column for the Daily Journal titled Exceptionally Appealing and has served as editor-in-chief of California Litigation since 2013. His work has also appeared in California LawyerLos Angeles Lawyer, the CEB Civil Litigation Reporter, and many other publications. He is a Fellow of the American Academy of Appellate Lawyers and a member of the California Academy of Appellate Lawyers and has been recognized by ChambersThe Best Lawyers in America, and other ranking organizations.

Benjamin is a magna cum laude graduate of the Pepperdine University school of Law, where he was Associate Editor of the Pepperdine Law Review and the California Supreme Court Survey.

Admissions

  • California
  • Supreme Court of the United States
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Southern District of California
  • U.S. Court of Appeals for the Armed Forces
  • U.S. District Court for the District of Colorado
  • U.S. Court of Federal Claims
  • U.S. Tax Court

Education

  • Pepperdine University School of Law, J.D., magna cum laude
    -Associate Editor, Pepperdine Law Review
  • University of California, Los Angeles, (Division of Honors)

Experience

  • Duane Morris LLP
    - Partner, 2026-present
  • Manatt, Phelps & Philllips, LLP
    - Partner, 2010-2026
    - Counsel, 2005-2009
  • Reed Smith LLP
    - Counsel, 2003-2005
  • Crosby, Heafey, Roach & May, P.C. [merged into Reed Smith LLP]
    - Associate/Sr. Attorney, 1993-2003

Professional Activities

  • Law360 Editorial Advisory Board - Appellate, 2026

  • Certified as a specialist in Appellate Law by the California Bar
  • California Judicial Council Appellate Advisory Committee, 2023-present
  • Cal. Supreme Court & Courts of Appeal Appellate Bias Prevention Committee, 2023-present
  • Invited Fellow of the American Academy of Appellate Lawyers
    - Secretary, 2026
    - Board member, 2022-2025
  • Elected Member of the California Academy of Appellate Lawyers (2017)
    - President, 2026-2027
    - Vice President, 2025-2026
    - Treasurer, 2024-2025
    - Secretary 2023-2025
  • California Civility Task Force (CJA/CLA), 2025-present
  • Friends of the L.A. Law Library Board
    - Treasurer, 2022-present
    - Member, 2020-present
  • California Lawyers Association
    - Litigation Section ExCom Advisor, 2013-present
    - Appellate Committee, 2018-present
  • California State Bar Committee on Appellate Courts
    - Chair, 2010-2011
    - Vice-Chair 2009-2010
    - Member, 2006-2012
  • L.A. County Bar Assn. Trustee
    - Appellate Section, 2021-2023
    - Trustee At-Large, 2019-2021
  • LACBA State Appellate Judicial Evaluation Committee
    - Chair, 2013-2019
    - Vice-Chair, 2011-2013
  • LACBA Appellate Courts Committee
    - Chair, 2009-2011
    - Vice-Chair, 2007-2009
    - Secretary, 2005-2007
    - Member, 1993-present
    - Executive Committee, LACBA Appellate Courts Section, 2011-present
  • LACBA Outstanding Jurist Award Committee, 2009-2011, 2015, 2019
  • Association of Southern California Defense Counsel (ASCDC)
    - Amicus Committee, 2013-present
  • Ninth Circuit Advisory Committee on Rules & Internal Operating Procedures, 2017-2020
  • Second Circuit Court of Appeals Pro Bono Panel, 2007-2016
  • Federal Courts Committee, 1994-1998

Honors and Awards

  • Listed in Chambers USA: America's Leading Business Lawyers, 2026

  • Recognized as a Leading Lawyer in Litigation: Appellate Law, Chambers USA, 2019-2025
  • Named in Best Lawyers in America for Appellate Practice, 2013-2026
  • 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, 2004-2025
  • Selected as a "Top 100: Southern California Super Lawyer," 2019 and 2026
  • Recipient, L.A. County Bar Association, Patricia Phillips Outstanding Committee Service Award, 2018
  • Named "Lawyer of the Year (Private Sector)" for 2008 by the Constitutional Rights Foundation for the Appellate Court Experience program
  • AV-rated by Martindale-Hubbell®

Selected Publications

  • Contributor, Southern California Appellate News Blog
  • Columnist, “Exceptionally Appealing,” Daily Journal 
  • California Litigation Journal (CLA Litigation Section)
    - Editor-in-Chief, 2013-present
    - Editorial Board, 2011-2013
  • Member, Law360 Appellate Editorial Advisory Board, 2020, 2021, 2023, 2024 and 2025

Newspaper Articles

Treatises and Book Chapters

Law Review and Magazine Articles

Case Notes

Selected Press Quotes

Selected Speaking Engagements

  • Strong & Silent on Appeal, 11th Annual Advanced Appellate Seminar NorCal, Pincus, February 24, 2026
  • 11th Annual Advanced Appellate Seminar SoCal, Pincus, February 10 & 12, 2026
  • Appellate Blogging, San Diego County Bar Assn, January 28, 2026
  • Strong & Silent: When Not to Say Things in Appellate Practice, CAAL, January 24, 2026
  • Key Developments in California Appellate Practice 2025, CEB, January 9, 2026
  • Appellate Civility & Ethics Review, LACBA Appellate Courts Section, November 18, 2025
  • Appellate Practice & Persuasive Brief Writing, Loyola Law School Appellate Advocacy Class, September 29, 2025
  • Persuasive Brief Writing, Pincus, August 19, 2025
  • Best of the Worst: 2024’s Lawyering Catastrophes, Manatt, June 17, 2025
  • Appellate Oral Argument: Philosophy, Preparation, Presentation, and Rebuttal, BARBRI, May 8, 2025
  • Challenges & Innovations at the Court of Appeal, CAAL, May 3, 2025
  • California Dreaming: Unusual Aspects of CA Appellate Practice, AAAL, April 26, 2025
  • Appellate Ethics: Recent Cases and New Developments, Strafford, February 26, 2025
  • 10th Annual Advanced Appellate Seminar, Pincus, February 25 & 27, 2025
  • How Justices Approach and Think about Cases, CAAL, January 25, 2025
  • Review of New CA/9th Cir. Rules and Cases from 2024, CAAL, January 25, 2025
  • Key Developments in Appellate Practice 2024, CEB, January 9, 2025
  • Amicus Briefs & Attorney Sanctions, Alaska Bar Association, October 15, 2024
  • The Supreme Court & Appellate Court Bias Prevention Committee, CLA Summit, April 26, 2024
  • 9th Annual Advanced Appellate Seminar, Pincus, February 9, 2024
  • Preventing Bias in Cal. Appellate Courts, CAAL, January 20, 2024
  • Key Developments in California Appellate Practice 2023, CEB, December 21, 2023
  • Legal Writing & Editing, USC Law School Legal Writing & Advocacy Class, October 31, 2023
  • Appellate Legal Writing, Loyola Law School Appellate Advocacy Class, October 9, 2023
  • Reply Briefs, Pepperdine Law School Appellate Advocacy Class, October 2, 2023
  • An Unsettling Time for Settled Law, Manatt, June 28, 2023
  • Presenting & Preparing for Appellate Oral Argument, Manatt, June 27, 2023
  • Arbitration: Latest CA Appellate & Legislative Developments, CJAC/CJRG Meeting, June 22, 2023
  • Got Bias? New Committee Wants Your Help, Cal. App. Law Podcast (S1:90), interview, June 13, 2023
  • Privacy Under the California Constitution, CAAL, May 6, 2023
  • Bench Stories webinar interview of retired Justice Ming Chin, BHBA, March 3, 2023
  • 8th Annual Advanced Appellate Seminar, Pincus, February 7 & 9, 2023
  • Key Developments in California Appellate Practice 2022, CEB, January 5, 2023
  • An Unsettling Period for ‘Settled Law,’ CLA webinar, October 26, 2022
  • Legal Writing, Loyola Law School Appellate Advocacy Class, October 12, 2022
  • Reply Briefs, Pepperdine Law School Appellate Advocacy Class, October 10, 2022
  • Abrogating Precedent: Challenging Stare Decisis, Strafford, September 22, 2022
  • Persuasive Appellate Brief Writing, Pincus, August 23, 2022
  • CAAL & More, The Cal. Appellate Law Podcast (S1:36), podcast interview, June 7, 2022
  • Spotlight on the U.S. Attorney’s Office, moderator of LACBA webinar, June 2, 2022
  • Appellate Oral Argument: Philosophy, Preparation, Presentation, Strafford webinar, May 19, 2022
  • Fireside chat moderator on the CAAL’s 50th Anniversary, CAAL Spring Meeting, April 29, 2022
  • What’s Up With Us?, CLA Real Property Section, podcast interview, April 20, 2022
  • Appellate Nerd on Keeping your Passion for Blogging, LexBlog, podcast interview, February 16, 2022
  • 7th Annual Advanced Appellate Seminar, Pincus, February 15 & 17, 2022
  • Key Developments in California Appellate Practice 2021, CEB, January 6, 2022
  • Appellate Advocacy and Citing Authority: Advanced Issues, Strafford, November 30, 2021
  • Reply Briefs, Pepperdine Law School Appellate Advocacy Class, October 12, 2021
  • The Pandemic and the Courts: 2020, Today & Beyond, Manatt Litigation, June 24, 2021
  • Appellate Oral Argument: Presentation & Post-Argument, Strafford webinar, May 20, 2021
  • Presenting and Preparing for Appellate Oral Argument, CLA, March 31, 2021
  • 6th Annual Advanced Appellate Seminar, Pincus, February 16 & 18, 2021
  • Appellate Judging During a Pandemic, CAAL, January 26, 2021
  • Key Developments in California Appellate Practice 2020, CEB, January 7, 2021
  • Virtual Oral Argument Roundtable, LACBA Appellate Courts Section, September 15, 2020
  • No Appeal for You! Civil Appellate Disentitlement, Cal. Lawyers Assn., July 8, 2020
  • No Appeal for You! Civil Appellate Disentitlement, Manatt, May 28, 2020
  • Appellate Ethics 2019 Case Review, Cal. Lawyers Assn., April 15, 2020
  • Ethics in Appellate Proceedings: 2019 Case Review, Lawline, March 31, 2020
  • 5th Annual Advanced Appellate Conference, Pincus, February 7, 2020
  • Key Developments in California Appellate Practice 2019, CEB, January 15, 2020
  • Restitution of Nazi-Looted Art, Chapman Law School, November 20, 2019
  • Civil Appellate Law Certified Legal Specialist Exam Preparation, Pincus, September 12, 2019
  • A Conversation with Justice Carol Corrigan, CLA Solo & Small Firm Summit, June 15, 2019
  • What to Expect from the “Brown” Court, BASF, May 8, 2019
  • Understanding SLAPPs: Process & Procedure from Initiation through Appeal, Pincus, April 5, 2019
  • 4th Annual Advanced Appellate Conference, Pincus, February 8, 2019
  • Appellate Practice, Eminent Domain Institute, CLE Int’l, January 31, 2019
  • Key Developments in California Appellate Practice 2018, CEB, January 10, 2019
  • How to Create, Manage, and Grow a Civil Appellate Practice, OCBA Appellate Section, November 16, 2018
  • Appellate Writs, UCLA Law School State Appellate Practice class, November 1, 2018
  • Mastering Oral Argument, Clear Law Institute webinar, October 30, 2018
  • Appellate Opinions from the Consumer’s Perspective, App. Jud. Attorneys Institute, April 19, 2018
  • Introduction to Writs & Appeals, MPP, March 27, 2018
  • In-House Forum on Patent Law Cases, OCIPLA, February 9, 2018
  • 3d Annual Advanced Appellate Conference, Pincus, February 2, 2018
  • Mastering Oral Argument, Clear Law Institute webinar, January 29, 2018
  • 2017 Top 20: California Appellate Practice, CEB, January 22, 2018
  • Appellate Writs, UCLA Law School State Appellate Practice class, November 7, 2017
  • Lying, Stealing, and Other Bad Ideas in Civil Litigation, ABTL/OC, November 1, 2017
  • Mastering Appellate Oral Argument, Clear Law Institute webinar, October 23, 2017
  • Appellate E-Filing in State and Federal Courts, LACBA ACS, October 3, 2017
  • Paralegal’s Guide to the Rules of Legal Citation, Lorman 90-minute webinar, June 22, 2017
  • Brief Writing Basics for Non-Lawyers, LA Law Library (Law Week program), May 4, 2017
  • Mastering Oral Argument, Clear Law Institute webinar, April 27, 2017
  • Don’t Get SLAPPed Around: Anti-SLAPP Law for Employment Litigations, BHBA April 20, 2017
  • Appellate Oral Argument: Mastering Techniques, Strafford webinar, April 6, 2017
  • Ethics for California Civil Appellate Litigators, LawLine webinar, February 21, 2017
  • Mastering Oral Argument, Clear Law Institute webinar, January 27, 2017
  • 2d Annual Advanced Appellate Conference, Pincus, January 26, 2017
  • 9th Circuit Split and The New Administration, DJ Appellate Podcast, January 20, 2017
  • Maas v. Superior Court and Sua Sponte Grants of Review, DJ Appellate Podcast, November 11, 2016
  • Appellate Writs, UCLA Law School State Appellate Practice class, November 3, 2016
  • Stand & Deliver: Oral Argument, ABTL/OC, June 1, 2016
  • Mastering Oral Argument, Clear Law Institute webinar, May 24, 2016
  • E-Filing is Coming to the Second District, LACBA ACS, March 15, 2016
  • California Appellate Courts Walkthrough (Writs panel), LACBA ACS, February 11, 2016
  • The “Exceptional” Appellate Lawyer, OCBA Appellate Law Section, February 4, 2016
  • Advanced Appeals, Pincus ProEd, January 28, 2016
  • The Art & Science of Appellate Oral Argument, CEB webinar, November 19, 2015
  • Appellate Writs, UCLA Law School State Appellate Practice class, October 1, 2015
  • Interpretation of Commercial Leases, Manatt Real Estate Practice Group, September 30, 2015
  • Appellate Oral Argument: Mastering Techniques, Strafford webinar, September 29, 2015
  • Appellate Specialization Exam Prep Course, Pincus ProEd, June 11, 2015
  • Comparing State and Federal Court Appeals, Pincus ProEd, April 23, 2015
  • Mastering Whistleblower, Qui Tam & SLAPP Law, Rossdale webinar, March 24, 2015
  • Waiving Goodbye to Your Appeal, LACBA ACS, March 10, 2015
  • Appellate Writs, UCLA Law School State Appellate Practice class, February 26, 2015
  • Meet the New Justices (Moderator), LACBA ACS, February 25, 2015
  • Ethics for Litigators: Tone & Plagiarism, Pepperdine School of Law, January 30, 2015
  • What’s New & What’s Coming in Appellate Practice, Manatt MCLE, December 23, 2014
  • What Appellate Judges are Saying About Appellate Practice, Manatt MCLE, December 19, 2014
  • Ten Things You Should Know About Civil Appeals, CEB, December 9, 2014
  • Mastering Whistleblower, Qui Tam & SLAPP Law, Rossdale Webinar, November 12, 2014
  • Appellate Oral Argument: Mastering Techniques, Strafford Webinar, September 30, 2014
  • Appellate Ethics: Plagiarism and More, Cal. State Bar Annual Meeting, September 11, 2014
  • Ethics in Legal Writing, Santa Barbara College of Law legal writing class, July 10, 2014
  • Demystifying Civil Appeals & Writs, Pincus ProEd., February 28, 2014
  • Appellate Writs, UCLA Law School State Appellate Practice class, February 13, 2014
  • What is the AOC? LACBA Appellate Courts Section, January 14, 2014
  • Anti-SLAPP Law for Entertainment Lawyers, OCBA Ent. Section, October 28, 2013
  • Transition to Appeal, Cal. State Bar Annual Meeting, October 10, 2013
  • Division 8’s Oral Tentative Process, LACBA Appellate Courts Section, October 8, 2013
  • Appellate Specialization Exam Prep Course, Pincus ProEd, September 20, 2013
  • Spotting SLAPP Issues & SLAPP Strategies, San Diego County Bar Assn., June 27, 2013
  • Appellate Typography, Orange County Bar Assn., June 6, 2013
  • Hot Issues in Anti-SLAPP Appeals, Appellate Judicial Attorneys Institute, May 29, 2013
  • Editing Legal Writing, Pincus ProEd, January 31, 2013
  • Understanding SLAPPS, Iranian American Lawyers Assn., November 7, 2012
  • Civil Appellate Writ Practice, The Rutter Group, November 5, 2012
  • SLAPP Law Update, Manatt Litigation Division, October 25, 2012
  • Appellate Briefing, Whittier Law School, October 15, 2012
  • Typography for Lawyers, Cal. State Bar Annual Meeting, October 11, 2012
  • Can I Cite This? Manatt Litigation Division, July 10, 2012
  • Appeals & Legal Editing, Southwestern Law School, July 7, 2012
  • Civil Law Update, Appellate Judicial Attorneys Institute, March 28, 2012
  • Don’t Get SLAPPed Around! SLAPP Appeals, LACBA Appellate Courts Section, March 15, 2012
  • 6th Annual Appellate Practice Boot Camp Conference, Pincus ProEd, March 2, 2012
  • 6th Annual Writ Practice Boot Camp Conference, Pincus ProEd, March 2, 2012
  • 4th Annual Understanding SLAPPS, Pincus ProEd, October 14, 2011
  • Federal & State Appeals, Pincus ProEd, September 23, 2011
  • Argument Sections in Briefs, Pepperdine Law School Appellate Advocacy class, September 22, 2011
  • Appellate Ethics, Sanctions & Malpractice Traps, Cal. State Bar Annual Meeting, September 16, 2011
  • Legal Editing, Pincus ProEd, August 5, 2011
  • Is it Safe to Cite This? Manatt MCLE, April 20, 2011
  • 5th Annual Appellate Practice Boot Camp Conference, Pincus ProEd, January 27, 2011
  • 5th Annual Writ Practice Boot Camp Conference, Pincus ProEd, January 27, 2011
  • 3d Annual Understanding SLAPPS, Pincus ProEd, October 26, 2010
  • Amicus Briefs and Reply Briefs, Pepperdine Law School Appellate Advocacy class, October 7, 2010
  • Athletes’ Rights of Publicity, Fox Cable Networks, September 29, 2010
  • Advanced Civil Appellate Writ Practice, Cal. State Bar Annual Meeting, September 24, 2010
  • Petitions for Review & Cert Petitions, Pincus ProEd Webinar, July 27, 2010
  • Employees & Electronics: New Employment Law Precedents, Manatt MCLE, July 14, 2010
  • The Complete Appeal, Pincus ProEd, November 12, 2009
  • Tricks & Traps Regarding Appellate Calendaring & Records, LAPA, October 17, 2009
  • Appellate Practice Boot Camp Conference, Pincus ProEd, September 24, 2009
  • Writ Practice Boot Camp Conference, Pincus ProEd, September 24, 2009
  • Preparing an Appellate Record, Cal. State Bar Annual Meeting, September 10, 2009
  • How to Pass the Appellate Specialization Exam, Pincus ProEd, May 7, 2009
  • Understanding SLAPPs, Pincus ProEd, February 6, 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 & Appellate law, Southwestern Law School, February 27, 2008
  • Understanding SLAPPs: Process & Proc. from Initiation through Appeal, Pincus, October 18, 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 & Appellate law, Southwestern Law School, March 7, 2007
  • An Inside Look at Writ Practice in the Cal. 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
  • 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 & Managing Cases on Appeal, Honda North America, Inc., October 15, 2004

Inter-law-school Moot Court Judging

  • Roger J. Traynor California Moot Court Competition judge: 2006, 2008, 2010, 2014, 2018, 2019, 2023, 2024, 2025, 2026
  • National Moot Court Competition judge (Western regional rounds): 1997, 2002, 2003, 2004, 2005