Benjamin G. Shatz
Partner
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Phone: +1 213 689 7439
- 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 Lawyer, Los 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 Chambers, The 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
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
- 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)
- 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
- Federal Courts Committee, 1994-1998 - 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
Honors and Awards
- 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: 2019 Southern California Super Lawyer"
- 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
- Quoted, “California Supreme Court has had a vacancy for over three months. Here's how it impacts cases,” San Francisco Chronicle, February 15, 2026
Daily Journal Columns
- Author, “Now that's interesting: Timing is everything for interest on attorney fees,” Daily Journal, February 3, 2026
- Author, “As the (appellate) world turns: The 2025 appellate year in review,” Daily Journal, January 6, 2026
- Author, “Conclusions about conclusions: How to end appellate briefs effectively without overdoing it,” Daily Journal, December 2, 2025
- Author, “Come again? Rehearing re-do,” Daily Journal, November 4, 2025
- Author, “Not taking it to the max,” Daily Journal, October 7, 2025
- Author, “Duke Nukem: COJA Calamity 1982,” Daily Journal, September 2, 2025
- Author, “Chutes and Ladders: The CJP & CJA,” Daily Journal, August 5, 2025
- Author, “Calling names (in briefing),” Daily Journal, July 1, 2025
- Author, “Cf. 9th Cir.: How 9th Circuit practice differs,” Daily Journal, June 3, 2025
- Author, “Cf. 9th Cir.: How the 9th Circuit stands out,” Daily Journal, May 6, 2025
- Author, “Read to write,” Daily Journal, April 1, 2025
- Author, “Look out below! Fabulous footnotes,” Daily Journal, March 4, 2025
- Author, “2024's top 9th Circuit practice cases,” Daily Journal, February 4, 2025
- Author, “Changes and challenges: The 2024 appellate year in review,” Daily Journal, January 7, 2025
- Author, “Appellate personals and want ads,” Daily Journal, December 3, 2024
- Author, “More, more, more (appellate reading material),” Daily Journal, November 5, 2024
- Author, “Hair splitting for fun and braggadocio,” Daily Journal, October 1, 2024
- Author, “Appellate crash: What we'd miss,” Daily Journal, September 3, 2024
- Author, “Stand and e-Deliver!: Ransomware v. Courts,” Daily Journal, August 6, 2024
- Author, “More 'cleaning up' to do: 'cleaned up' in federal courts,” Daily Journal, July 2, 2024
- Author, “‘Cleaned up’ California: 7 years on,” Daily Journal, June 4, 2024
- Author, “Who’s in chambers: Law clerk diversity,” Daily Journal, May 7, 2024
- Author, “Predicting appellate outcomes based on the panel,” Daily Journal, April 2, 2024
- Author, “How do judges learn how to be fair? CJER!” Daily Journal, March 5, 2024
- Author, “Let’s party: Federal courts and the party presentation doctrine,” Daily Journal, February 6, 2024
- Author, “Highs and lows: the 2023 appellate year in review,” Daily Journal, January 2, 2024
- Author, “Ninth Circuit 2023 Appellate Roundup,” Daily Journal, December 5, 2023
- Author, “‘Superior to what?’ A brief explication of complication,” Daily Journal, November 7, 2023
- Author, “Queasy as ABC (Appellate Bias Committee),” Daily Journal, October 3, 2023
- Author, “Apostrophic Apotheosis: Whose fees are they, anyway?” Daily Journal, September 5, 2023
- Author, “Gombos Gambit Saves Defective Appeals,” Daily Journal, August 1, 2023
- Author, “Y’all behave now: looking to Texas for appellate civility standards,” Daily Journal, July 5, 2023
- Author, “It’s 5 p.m.! Do you know where your brief is?” Daily Journal, June 6, 2023
- Author, “Not all judges have an affection for Amici” Daily Journal, May 2, 2023
- Author, “The appellate lawyer’s bookshelf,” Daily Journal, April 4, 2023
- Author, “Well, Recu-u-use Me!” Daily Journal, March 7, 2023
- Author, “2022’s top federal appellate practice cases,” Daily Journal, February 7, 2023
- Author, “Interesting Times: The 2022 Appellate Year in Review,” Daily Journal, January 3, 2023
- Author, “Fed. Appendectomy: RIP Fed.App’x (2001-2021),” Daily Journal, December 6, 2022
- Author, “Dead party, dead appeal,” Daily Journal, November 1, 2022
- Author, “Scare(y) Decisis: Reversing Rights and Wrongs,” Daily Journal, October 4, 2022
- Author, “Dicta ain’t necessarily so,” Daily Journal, September 6, 2022
- Author, “What’s the Deal?” Daily Journal, August 2, 2022
- Author, “Wonder Twin Powers, Activate! Form of Citation!” Daily Journal, July 5, 2022
- Author, “Supraman’s Kryptonite,” Daily Journal, June 7, 2022
- Author, “Happy 50th Anniversary, CAAL,” Daily Journal, May 3, 2022
- Author, “Bear With Us,” Daily Journal, April 5, 2022
- Author, “Sci-Fi Lit(igation),” Daily Journal, March 1, 2022
- Author, “Multiverse Cosplay,” Daily Journal, February 1, 2022
- Author, “The 2021 Appellate Year in Review,” Daily Journal, January 4, 2022
- Author, “Appellate Horrorscope,” Daily Journal, December 7, 2021
- Author, “Memo-dispo No-no,” Daily Journal, November 2, 2021
- Author, “Tricks and treats in Halloween precedent,” Daily Journal, October 5, 2021
- Author, “Titanic, Hindenburg, DIY appeals,” Daily Journal, September 7, 2021
- Author, “Butting in on appeal,” Daily Journal, August 3, 2021
- Author, “50 Ways to Leave Your Appeal,” Daily Journal, July 6, 2021
- Author, “Putting a Contract Out On Appeals,” Daily Journal, June 1, 2021
- Author, “The glorious history of the Committee on Appellate Courts,” Daily Journal, May 3, 2021
- Author, “I Want A New Judge,” Daily Journal, April 6, 2021
- Author, “The other 3R’s: Reversed, Remanded, Reassigned,” Daily Journal, March 2, 2021
- Author, “Conduct unappealing,” Daily Journal, February 2, 2021
- Author, “The score after a score,” Daily Journal, January 5, 2021
- Author, “Jumbled justices,” Daily Journal, December 1, 2020
- Author, “You are not James Bond,” Daily Journal, November 3, 2020
- Author, “Sprechen sie Deutsch?” Daily Journal, October 6, 2020
- Author, “The need for speed,” Daily Journal, September 1, 2020
- Author, “AWOL@Oral Arg.gone,” Daily Journal, August 4, 2020
- Author, “Normal is not,” Daily Journal, July 7, 2020
- Author, “A little help here?” Daily Journal, June 2, 2020
- Author, “No Appeal for You!” Daily Journal, May 5, 2020
- Author, “Remotely Interesting,” Daily Journal, April 27, 2020
- Author, “Can’t stop, won’t stop,” Daily Journal, April 7, 2020
- Author, “It’s not easy being green,” Daily Journal, March 3, 2020
- Author, “Length matters,” Daily Journal, February 4, 2020
- Author, “Striking the wrong tone,” Daily Journal, January 7, 2020
- Author, “Free books and more!” Daily Journal, December 2, 2019
- Author, “And that’s final!” Daily Journal, November 5, 2019
- Author, “Now hear this!” Daily Journal, October 1, 2019
- Author, “Isn’t that special?” Daily Journal, September 3, 2019
- Author, “Stray Dancing,” Daily Journal, August 6, 2019
- Author, “California’s Armendariz opinion violates federal law,” Daily Journal, June 28, 2019
- Author, “Appellate Me Too!” Daily Journal, July 2, 2019
- Author, “Supreme removal,” Daily Journal, June 4, 2019
- Author, “Abbreviated Justice,” Daily Journal, May 7, 2019
- Author, “Minerva appeals,” Daily Journal, April 2, 2019
- Author, “Invisible Justice,” Daily Journal, March 5, 2019
- Author, “Holy, Holey Rules!” Daily Journal, February 5, 2019
- Author, “Waking Dead Appeals,” Daily Journal, January 2, 2019
- Author, “Free Money!” Daily Journal, December 4, 2018
- Author, “How Golden is Silence?” Daily Journal, November 6, 2018
- Author, “Slumming It With Facts On Appeal, Part 2 — Going To The 909,” Daily Journal, October 3, 2018
- Author, “Did you notice that this fact was not in the record on appeal?” Daily Journal, September 4, 2018
- Author, “Poco Loco Rules,” Daily Journal, August 7, 2018
- Author, “Riding the Waive,” Daily Journal, July 3, 2018
- Author, “Citing the Uncitable,” Daily Journal, June 6, 2018
- Author, “Mooting Mootness,” Daily Journal May 1, 2018
- Author, “A Class-ic Exception,” Daily Journal, April 3, 2018
- Author, “If You’re a Loser, Act Like It,” Daily Journal, March 6, 2018
- Author, “Appeals are for Losers,” Daily Journal, February 6, 2018
- Author, “When 60 Days is Too Late.” Daily Journal, January 2, 2018
- Author, “The California Circuit?” Daily Journal, May 15, 2017
- Author, “Fortunately, There Were Witnesses,” Daily Journal, May 10, 2017
- Author, “Choosing Hobson’s Choice,” Daily Journal, November 21, 2016
- Author, “Appellate Practice By The Numbers,” Daily Journal, April 14, 2016
Treatises and Book Chapters
- Editorial Consultant, Matthew Bender Practice Guide: California Civil Appeals & Writs, (Klatchko & Shatz) 2014–present
- Author, Appendix D: Case Authority,” Henke’s Cal. Law Guide, 9th ed., 2023
- Co-author, “Chapter 12: Appellate Oral Argument: A Purposeful Conversation,” Being Heard: Presentation Skills for Attorneys (ABA), 2018
- Contributor, Ninth Circuit Civil Appellate Practice (Rutter Group), 2011-2013
Selected Speaking Engagements
- Presenter, “Appellate Oral Argument: Philosophy, Preparation, Presentation, and Rebuttal,” BARBRI, May 8, 2025
- Presenter, “Key Developments in Appellate Practice 2024,” CEB (Continuing Education of the Bar), January 9, 2025
- Presenter, “The Supreme Court and Appellate Court Bias Prevention Committee: Why it Exists & Feedback from You,” Litigation & Appellate Summit, April 26, 2024