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Administrative Hearings in California

$499

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Provided By: Pincus Professional Education

Approved for CLE credit in: CA

Administrative Hearings are a complex and sometimes daunting process. There are a variety of specialties and practices related to Administrative Hearings. Pincus Professional Education presents this Admin Hearings Boot Camp seminar to help you navigate the choppy waters.

This stellar group of Admin Law/Hearing specialists and judges, who will help you improve (or kick start) your practice in this area.

You will learn how to handle the initial client consultation and what discovery and evidentiary issues plague this area of practice the most and how to handle them. You will also learn witness preparation strategies how to approach pretrial hearings. You will walk away with concrete trial strategies and ideas on how to handle investigations and pre-accusation proceedings. The faculty will also discuss post-hearing proceedings.

What You Will Learn From This Seminar
Note that this seminar deals mostly with litigation under the CA APA; however, the breakout sessions address some issues under the Federal APA.

  • Initial Client Consultation
  • Discovery and Evidentiary Issues
  • Witness Preparation
  • Pre-hearing Events
  • Admin Law Hearings
  • Investigations and Pre-accusation Proceedings
  • Post-hearing Proceedings
    Breakout Sessions with practice area specialists
  • Land Use and Environmental
  • Healthcare Professionals
  • DFEH (Cal. Dept. Fair Employment and Housing) and FEHC (Cal. Fair Employment & Housing Commission)

    This seminar was recorded in Los Angeles, CA on December 2nd, 2011.


  • Agenda
    Introduction: Types of Administrative Litigation & Strategies
    [Robert Sullivan and Michael Strumwasser]
    2 Initial Client Consultation
    [Timothy J. Aspinwall]
    3 Discovery and Evidentiary Issues
    [Stuart Leviton and Raymond McMahon]
    4 Witness Preparation
    [Stuart Leviton]
    5 Pre Hearing and Related Topics
    [Judge Mary Matyszewski, Raymond McMahon]
    6 Administrative Hearings
    [Judge Mary Matyszewski, Robert Sullivan, and Timothy Aspinwall]
    7 Investigations and Pre-Accusation Proceedings
    [Bradley Wishek]
    8 Post-Hearing Proceedings
    [Bradley Wishek and Michael J. Strumwasser]
    Breakout Sessions
  • Land Use and Environmental Cases [Emily Murray]
  • Healthcare Professionals [Raymond McMahon, Judge Mary Matyszewski]
  • DFEH (Cal. Dept. Fair Employment and Housing) and FEHC (Cal. Fair Employment and Housing Commission) [Stuart Leviton]

    Recorded: December 2nd, 2011
    Runtime: 8 hours 35 minutes


  • CLE Credit Information

    Click on the state abbreviation to find the CLE Credit Information for your state.



    This program is has been approved for credit in CA



    Experienced attorneys only (non-transitional)

    Similar Programs

    No related programs information available.


    Panelist Biographies

    M. BradleyWishek

    Partner
    Rothschild Wishek & Sands LLP

    Mr. Wishek's practice emphasizes the defense of persons and businesses accused of crime, including aggressive representation through independent investigation during government and law enforcement investigations. His practice includes criminal and white collar defense on behalf of corporations and businesses, individuals, public officials, and licensed professionals. He has experience in defending almost every kind of criminal allegation, including drunk driving and vehicular manslaughter, assault, firearms, rape, embezzlement, insurance fraud, kidnapping, environmental, health care, consumer and tax fraud, and other regulatory crimes.

    Mr. Wishek is listed in the peer-reviewed publications Best Lawyers in America and Northern California Super Lawyers, and he has received an AV rating from Martindale-Hubbell, the highest rating available from this peer-reviewed publication. He has successfully litigated numerous precedent-setting cases in the Court of Appeal and California Supreme Court.

    Mr. Wishek is an adjunct professor of law in the trial practice program at the University of California at Davis School of Law, and frequently serves as a presenter on a variety of legal topics in the areas of criminal defense and trial practice. He and the firm are active in the community, and Mr. Wishek serves on the Board of Directors for a local drug and alcohol treatment program which serves the homeless community in Sacramento.


    Robert J.Sullivan

    Partner
    Nossaman LLP

    Bob Sullivan is a senior litigator with significant trial and appellate experience. He specializes in administrative, governmental law, labor, and healthcare law. He has represented clients before state and local government agencies since 1967, having tried approximately 300 contested adjudicatory hearings under the California Administrative Procedure Act.

    Mr. Sullivan represents lawyers, real estate brokers, doctors, contractors, engineers as well as most other professionals who are regulated by the state. He also counsels a variety of healthcare providers, including individual physicians, medical groups, ambulance companies, hospitals, and mental health clinics before state and federal agencies in the areas of malpractice suits, employment disputes, medical staff credentialing, licensing, and regulatory disputes.

    Mr. Sullivan is experienced as an arbitrator in healthcare law disputes. He was recognized by San Francisco magazine in 2004 through 2009 as one of the Northern California "Super Lawyers" in Healthcare Law and is also AV rated by Martindale-Hubbell.


    MichaelStrumwasser

    Partner
    Strumwasser & Woocher LLP

    Michael Strumwasser has litigated some of California's largest constitutional, governmental, and consumer-protection cases on behalf of public officials and agencies and public-interest groups. He is a nationally-recognized authority on insurance- and utility-regulation, having successfully represented consumers and regulators in state and federal courts and agencies and before Congress and the California Legislature. He was lead counsel for the California Insurance Commissioner, developing regulations to implement Proposition 103 and successfully defending the program against numerous industry challenges.

    Mr. Strumwasser consults for officials across the nation on insurance-regulation. He has represented numerous public agencies and officials and advises various California agencies on government-law matters. He advises and represents school-district clients in school-finance, insurance, and constitutional matters.

    Mr. Strumwasser co-founded Strumwasser & Woocher after seventeen years with the California Department of Justice, the last eight years as Special Assistant Attorney General, where he handled some of the state's most important antitrust, consumer-protection, and environmental cases, including California's challenges to major supermarket and oil-company mergers, defended consumer interests in utility-rate litigation, and represented the Governor of California in Nuclear Regulatory Commission health-and-safety reviews.

    Mr. Strumwasser has appeared in the U.S. and California Supreme Courts and regularly litigates a wide range of constitutional and public-policy cases throughout the trial and appellate courts. He holds A.B., M.S., and J.D. degrees from UCLA.


    Emily L. Murray, Esq.

    Partner
    Allen Matkins

    Emily is a partner in Allen Matkins' Los Angeles office whose practice focuses on environmental litigation, land use, and energy law.
     
    Emily's litigation practice includes federal and state court litigation of environmental claims related to land use, water quality, air quality, and hazardous materials brought under the California Environmental Quality Act (CEQA), the National Environmental Protection Act (NEPA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Air Act, the Clean Water Act, and the Porter-Cologne Water Quality Control Act.  She also represents clients before federal, state, and local agencies in connection with permitting and enforcement actions.
     
    Emily's land use practice includes the representation of private and public sector clients in matters pertaining to the securing of land use entitlements and environmental compliance.  Emily has significant experience in the preparation of environmental review documents under CEQA and NEPA for complex mixed use development projects throughout California.
     
    Emily's energy practice includes advising energy and renewable energy clients in all aspects of the industry, including project financing, acquisition of land, project entitlement and development, power purchase and sales, and environmental and regulatory compliance.
     
    Emily is admitted to practice in California (2002) and Illinois (2003), and is a member of the American and California Bar Associations.  Emily is a member of the ABA's Environmental and Energy Group; the Association of Women in Water, Energy & Environment (AWWEE); and the Urban Land Institute (ULI).  Emily is also a member of the firm's Pro Bono Committee and the Los Angeles office Recruiting Committee.
     
    Emily received her J.D. from the University of Michigan Law School, cum laude, in 2002.  She received her B.A. in Biology and Society from Cornell University in 1998 with a concentration in Environment, Law, and Society.  Emily attended preparatory school at St. Paul's School in Concord, New Hampshire.


    RaymondMcMahon

    Co-Chair, Administrative Law Department
    Bonne Bridges, Mueller, O'Keefe & Nichols

    Defending doctors, physicians groups, skilled health care workers, and health facilities is Raymond McMahon's practice emphasis. He regularly prevails in multimillion dollar and complex high-stakes healthcare liability actions, in court and before government boards and agencies. In addition, Ray has been chosen by a group of clients to be on their select defense panel.

    Leveraging his skills in economic analytics and medical documentation, Ray represents physicians in administrative law hearings before the California Medical Board and numerous government entities.

    In Medicare and Medi-Cal reimbursement disputes, investigations, and related audits, he works assiduously with medical professionals throughout the process. His counsel encompasses the entirety of an audit, including audit preparation, prepayment audits and post payment concerns. He skillfully addresses critical questions involving chart review, document interpretation, expert testimony, and the right to extrapolation. He has developed tremendous experience in challenging alleged overpayments in both the public and private arenas, saving his clients millions of dollars.

    Additional medical specialties in Ray's legal background include civil representation of veterinarians, podiatrists, physical therapists, allergists, and elder care. He also counsels educational entities, as well as laboratories on their licensing and certification issues. He has significant success in upholding his judgments in appellate proceedings.


    Honorable Mary Agnes V.Matyszewski

    Judge
    Office of Adminstrative Hearings

    Judge Mary Agnes Matyszewski is a graduate of Villanova University and Boston University School of Law. As a private practice trial attorney for 11 years, Judge Mary Agnes Matyszewski primarily focused on insurance defense, including medical malpractice, personal injury, construction defect, and HOA liability issues.

    Judge Mary Agnes Matyszewski was a California Department of Justice, Deputy Attorney General (DAG) in the Health Quality Enforcement section for 9 years where she prosecuted cases on behalf of state agencies including the Medical Board of California (MBC), Podiatry Board, and Physical Therapy Board. While a DAG, Judge Mary Agnes Matyszewski was the lead prosecutor in the San Diego MBC office, wrote articles for the MBC's monthly report, and was an advisor on the Medical Marijuana Committee. Judge Mary Agnes Matyszewski also served on the Pain Management Task Force, which re-wrote the pain management guidelines for the MBC, served on the Pain Management Laws Task Force, which re-wrote pain laws in California, served as the MBC's representative to the Federation of State Medical Boards, and was a consultant on MBC policy issues.

    Since 2008 Judge Mary Agnes Matyszewski has been an Administrative Law Judge in the Office of Administrative Hearings.


    Stuart L.Leviton

    Founder
    Leviton Law Group, A P.C.

    Mr. Leviton was admitted to the California Bar in 1993, and he remains a member in good standing. Mr. Leviton is also a member in good standing of the bars of the U.S. Supreme Court (admitted 1998), U.S. Ninth Circuit Court of Appeals (admitted 1994) and the U.S. District Courts, Central (1993), Eastern (1998), Northern (1998), and Southern (1998) Districts of California.

    Mr. Leviton founded Leviton Law Group, A P.C. in April 2004. Prior to that time, Mr. Leviton was associated with Levinson Kaplan Arshonsky & Kurtz, A P.C., Encino, CA; Orrick, Herrington & Sutcliffe, LLP, Los Angeles, CA; Folger Levin & Kahn LLP, Century City, CA; and Latham & Watkins, LLP, Los Angeles, CA.

    Mr. Leviton received his Doctor of Jurisprudence degree, with honors, from the University of Texas at Austin School of Law in May 1993. While at UT, Mr. Leviton was Notes Editor for the Texas Law Review, was elected to the Order of the Coif, was a finalist in the Gibbs & Ratliff Fall Moot Court competition, and was a teaching assistant for Professor L.A. (Scot) Powe.

    Mr. Leviton's practice focuses on litigation, business advice and counsel, employment law (both for employers and employees), basic estate planning, and mediation. Mr. Leviton also has experience in, and has advised clients regarding, a variety of other areas, such as real estate, corporate, LLC, and partnership formation and dissolution, intellectual property, domestic partner relations, conservatorships, and probate.

    Mr. Leviton has published two articles: Is Anyone Listening to Our Students? A Plea for Respect and Inclusion, 21 Fla. St. U.L. Rev. 35 (1993); The Fourth Amendment in Texas Public High Schools: Friend or Foe? A Question of Perspective, State Bar (Texas) Section Report: Juvenile Law, December 1992.

    Mr. Leviton has been counsel of record in three appeals that have resulted in published opinions: Olson v. Cohen, 106 Cal. App. 4th 1209 (2003); Pasadena Live, LLC v. City of Pasadena, 114 Cal. App. 4th 1089 (2004); and Hammer v. Laycock, 44 Cal. Rptr. 3d 921 (2006). Mr. Leviton has also handled a number of appeals that have resulted in unpublished opinions.

    Mr. Leviton is a mediator and arbitrator for the Los Angeles County Superior Court ADR program and Mr. Leviton is a Lecturer in Business Law and Business Ethics at the American Jewish University in Los Angeles.

    In addition to the foregoing, Mr. Leviton is a member of the California Fair Employment and Housing Commission, a vice president of the Men of Reform Judaism, a trustee of Congregation Kol Ami, West Hollywood, California, a former chairman of the Board of the West Hollywood Community Housing Corporation, and a former member of the board of the West Hollywood Chamber of Commerce.


    TimAspinwall

    Partner
    Nossaman LLP

    Tim Aspinwall focuses his practice on healthcare and administrative litigation. Mr. Aspinwall specializes in professional licensing and discipline, including defense of physicians, nurses, pharmacists, midwives, chiropractors, psychologists, social workers, dentists and oral surgeons, and all other healthcare professionals. Mr. Aspinwall also represents healthcare professionals and institutional providers in Medicare and Medi-Cal audits, fraud and abuse investigations, and medical staff peer review and discipline.

    Mr. Aspinwall also represents licensed professionals before the Department of Real Estate, State Contractors License Board, Board of Accountancy, Board of Professional Engineers and Land Surveyors, and most other professionals licensed and regulated by the State.

    Mr. Aspinwall is currently serving as chair of the American Bar Association Health and Human Service Committee of the Administrative Law section. In 2000 - 2007, Mr. Aspinwall served as a member of the Sutter Health Central Area Institutional Review Committee. In 2007 - 2010, Mr. Aspinwall served on the California State Bar Lawyers Assistance Program.


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    Administrative Hearings in California

    $499

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