Johanna S. Schiavoni Partner, Appellate Litigation

Contact Information
Telephone: (619) 230-0012

Education
J.D., University of California, Los Angeles, School of Law, 2002
B.A., Washington University in St. Louis, 1998

Bar Admissions
California and New York state bars
U.S. Courts of Appeals for the Second, Ninth and Federal Circuits
U.S. District Courts for the Southern and Central Districts of California, the Southern and Eastern Districts of New York, and the Western District of Wisconsin

Clerkships
Hon. M. Margaret McKeown, U.S. Court of Appeals for the Ninth Circuit, 2006-2007
Hon. Christina A. Snyder, U.S. District Court for the Central District of California, 2002-2003

**In 2011, Ms. Schiavoni was honored by SD METRO Magazine with its "40 Under 40" Award for High Achievement in Business and Civic Affairs**

Johanna S. Schiavoni is a Partner with Jacobs & Schlesinger LLP. Ms. Schiavoni's practice focuses on complex litigation, with a specialty in state and federal court appellate litigation. She has handled a variety of complex appellate and trial proceedings covering a broad spectrum of legal issues. She also works with trial counsel and provides strategic counseling on a variety of trial practice and appellate litigation matters.

In the commercial arena, Ms. Schiavoni's experience includes litigating cases involving California business torts, contracts, health care law, constitutional law, civil procedure issues, patents, copyrights, trademarks, trade dress, trade secrets, unfair competition, commercial fraud, insurance, securities and employment matters, and claims against public entities. Ms. Schiavoni also has significant experience litigating California consumer class actions at the trial and appellate levels. In the criminal and immigration arenas, Ms. Schiavoni has litigated habeas claims under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), Sixth Amendment jury trial and sentencing issues, and various immigration claims, including asylum, cancellation of removal, and claims of fraud and ineffective assistance of counsel.

Before joining the firm, she was an associate with Latham & Watkins LLP for six years, spending three years in that firm’s New York office and three years in its San Diego office. Ms. Schiavoni also completed two judicial clerkships. From 2006 to 2007, she served as a law clerk to the Honorable M. Margaret McKeown on the U.S. Court of Appeals for the Ninth Circuit. From 2002 to 2003, she clerked for the Honorable Christina A. Snyder in the U.S. District Court for the Central District of California. While in law school, Ms. Schiavoni served as a judicial extern for the Honorable Alex Kozinski, who is now Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, and taught an undergraduate law course as a University Teaching Fellow at UCLA.

Ms. Schiavoni is the author of “Who's Afraid of Precedent?: The Debate Over the Precedential Value of Unpublished Opinions,” 49 UCLA L. Rev. 1859 (2002).

Appellate experience

Ms. Schiavoni’s appellate experience includes drafting appellate briefs, writ petitions and petitions for review; drafting amicus briefs and amicus letters; arguing appeals before appellate courts and federal agencies; reviewing the trial record and strategizing issues to raise on appeal; advising trial counsel regarding record and issue preservation in anticipation of appeal; and providing strategic counseling to trial and appellate lawyers regarding trial, post-trial and appellate matters.

Ms. Schiavoni's recent appellate representations include the following:

Evergreen Healthcare and E.H.C. Management, LLC: Appellate counsel in various employment and healthcare matters.
Pride v. Correa (9th Cir. Court of Appeals, 2011) (appeal pending): In this civil rights case, Ms. Schiavoni is counsel for the appellant pursuing claims under 42 U.S.C. § 1983.
People v. William H. (minor), (Cal. Curt of Appeal) (appeal pending): Appeal from a juvenile delinquency conviction.
Bates v. Skilled Healthcare Group, Inc., et al. (Humboldt County Superior Court, 2008-2010) (appellate counsel of record): In this class action alleging claims under California's Unfair Competition Law, False Advertising Law, Consumers Legal Remedies Act, and provisions of the Health and Safety Code, Ms. Schiavoni was counsel of record on four separate writ petitions and petitions for review in the California appellate courts at various stages of the case. The case ultimately settled during the trial proceedings.*
Kessee v. Mendoza-Powers (9th Cir. Court of Appeals, 2008-2009) (briefed and argued): In this habeas case, Ms. Schiavoni represented an incarcerated defendant before the U.S. Court of Appeals for the Ninth Circuit Court. The case raised a Sixth Amendment challenge to the petitioner's sentence imposed by the state sentencing court, relying on the U.S. Supreme Court's decision in Cunningham v. California, 549 U.S. 270 (2007). Ms. Schiavoni briefed and argued the case, which resulted in a published opinion: Kessee v. Mendoza-Powers, 569 F.3d 1000, as amended by 574 F.3d 675 (9th Cir. 2009).*
Matter of Verdugo-Gonzalez (Board of Immigration Appeals, 2009) (briefed and argued): After extensive briefing, Ms. Schiavoni argued this case before the Board of Immigration Appeals in Falls Church, Virginia, raising several novel challenges to the prolonged civil detention of the client (for more than four years) while he awaited resolution of his underlying immigration case in the federal courts. After oral argument in this bond appeal, but before a decision was issued, the Ninth Circuit resolved the client's immigration proceedings; without issuing a decision, the Board dismissed the bond appeal as moot.*
State v. Continental Insurance Co. (Cal. Court of Appeal; Cal. Supreme Court, 2009) (co- authored amicus curiae briefs): In this insurance coverage case addressing the stacking of policy limits and allocation of insurance coverage under general liability insurance policies, the Montrose Chemical Corporation of California appeared as an amicus curiae supporting the State of California. Ms. Schiavoni co-drafted the amicus briefs filed on behalf of Montrose in the California Court of Appeal and the California Supreme Court. See State of California v. Continental Ins. Co., 169 Cal.App.4th 1114 (2009), opn. mod., 170 Cal.App.4th 160, review granted Mar. 18, 2009, No. S170560, 91 Cal.Rptr.3d 106.*
Matter of Palafox-Vazquez (Board of Immigration Appeals, 2009) (briefed): Ms. Schiavoni won significant relief on appeal for a pro bono immigration client who had been injured by fraud and ineffective assistance of counsel committed by an “immigration consulting firm.” After extensive briefing on appeal, the Board of Immigration Appeals granted a request to reconsider and reopen the client's case, vacated three of the Board's prior orders refusing to reopen the case, and remanded the entire case for new proceedings before the Immigration Court in the first instance.*
Wright v. Lehman Bros. (L.A. Superior Court, 2007-2008) (appellate counsel to trial team): In this complex, high-stakes case tried to a jury in Los Angeles Superior Court on ten different California causes of action, Ms. Schiavoni served as appellate counsel to the client and trial team. Ms. Schiavoni observed all trial proceedings, assisted with preparation of briefing, the jury instructions, the special verdict form, and also with the record during the trial. The matter settled five weeks into the trial.*

Trial experience

Ms. Schiavoni also has experience handling commercial cases at the trial level, which assists her considerably as she strategically prepares an appeal and counsels trial attorneys on various issues relating to trial and appeal. Her experience includes managing large scale discovery; drafting dispositive pre-trial motions, trial motions, and jury instructions; drafting Markman briefing (for claim construction in patent cases); taking and defending depositions; preparing witnesses for deposition and trial testimony; examining witnesses at trial; and drafting post-trial motions.

Ms. Schiavoni's representative trial experience, as counsel for both plaintiffs and defendants, includes the following:

Jeanine Payer v. BB Becker, LLC (SDNY, 2004-2005) (co-trial counsel): In this action alleging trade dress infringement, dilution, and unfair competition, Ms. Schiavoni successfully defended client B.B. Becker, a jewelry design company. She second chaired the jury trial in the U.S. District Court for the Southern District of New York, which resulted in a verdict for B.B. Becker on all three claims and an award of costs.*
Tribe of Heart, Ltd. v. Peaceable Kingdom, Inc. and Lorri Bauston (SDNY, 2005) (represented plaintiff): Ms. Schiavoni represented plaintiff Tribe of Heart, Ltd. in this action alleging claims for trademark infringement, cybersquatting, and related claims based upon the defendants' infringement and misuse of the client's name, trademarks, and other intellectual property including the clients' award-winning documentary film. Ms. Schiavoni assisted in preparing and filing the complaint and motion for preliminary injunction, and ultimately in brokering a favorable settlement for the client shortly after the court action was initiated. The film, which is entitled Peaceable Kingdom: The Journey Home, was re-edited and re-released in 2009 to further critical acclaim, and has garnered several awards at film festivals across the country.*
QinetiQ, Ltd. v. Samsung Electronics et al. (E.D. Tex., 2004-2005) (represented plaintiff patent-holder): In this action for patent infringement regarding a foundational patent for liquid crystal displays (e.g., as used in mobile phones and handheld devices), Ms. Schiavoni was a member of the trial team that successfully obtained an $18 million verdict for the plaintiff following a bench trial on the issue of damages.*
Rexall Sundown, Inc. v. Weider Nutrition International, Inc. and Leiner Health Products, Inc. (W.D. Wisc., 2003-2004) (represented defendants): In this action for patent infringement regarding tablet-making methods, Ms. Schiavoni was a member of the defense team that litigated the case to withdrawal of claims by the plaintiff patent holder, an award of costs to the defendants, and favorable settlement of remaining claims.*
* Indicates cases litigated before joining Jacobs & Schlesinger LLP.

Awards

2011, "40 Under 40" Award for High Achievement in Business and Civic Affairs, SD METRO Magazine
2011, "Outstanding Program" Award to Lawyers Club of San Diego from the National Conference of Women Bar Associations for "Pipeline to Leadership: Securing Spots on Boards and Commissions" (Event Co-Chair)
2010, 2009 Manuel W. Wiley Awards for Pro Bono Service, State Bar of California
2009 “Bar Star,” San Diego County Bar Association

Professional Associations

Lawyers Club of San Diego, Member – Board of Directors (2010-present); Chair – Judicial Elections Evaluation Committee (2012); Chair – Equality Committee (2010-present); Co-Chair – Leadership Development Committee (2010-present)
San Diego County Bar Association, Appellate Court Committee, Chair – Programs Committee (2011); Chair – Civil Rules Subcommittee (2011)
American Constitution Society San Diego Lawyer Chapter, Member – Board of Directors(2010-present)
American Bar Association, Council of Appellate Lawyers, member (2010-present)
Louis M. Welsh Inn of Court, Barrister Member (2008-present)
Graduate of NITA Trial Advocacy Institute, October 2007

Community Activities

La Jolla Music Society, Member – Board of Directors (2010-present); Chair and Founding Member, Allegro Society (2008-present)
New Leaders Council – San Diego, Chapter Co-Director (2011-present), Advisory Board
Member (2010-present) and Institute Chair (2011)
Run Women Run, Programs Committee member (2010-present)
Women Give San Diego, Chair – Advocacy Leadership Team (2012)

Speaking Engagements

Speaker, Fall 2010, Various “Lunch and Learn” sessions with Women's Law Caucus groups at the University of San Diego Law School and California Western School of Law
Presenter, January 2010, “Appellate Practice Before the Board of Immigration Appeals,” American Bar Association—Immigration Justice Project
Co-Presenter, July 2009, “Appellate Practice,” Latham & Watkins LLP
Panelist, March 2009, “The Role of a Law Clerk,” Pepperdine University School of Law, Wm. Matthew Byrne, Jr., Judicial Clerkship Institute

« Back to Attorneys