Telephone: (415) 898-2900
Email: elb@biencounsel.com
Education:
Columbia College, A.B. 1967
Columbia Law School, J.D. 1971
Harvard Law School, LL.M. 1972
Admissions:
California (1979), Ill. (1975), Mass. (1971)
U.S. Court of Appeals, Ninth and Tenth Circuits
United States Supreme Court
Memberships:
California Academy of Appellate Lawyers
American Academy of Appellate Lawyers
State Bar of California, Litigation Section
Bar Association of San Francisco,
Appellate Practice Section
Marin County Bar Association
Judicial
Fairness Committee
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Elliot is one of California’s most highly regarded
civil appellate specialists. A former law professor, he has
argued cases in the United States Supreme Court; the California Supreme
Court, the Ninth and Tenth Circuit Courts of Appeals, and almost all
California Courts of Appeal. His appellate experience covers an unusually
wide array of legal subjects. Click here for details. Before
forming an appellate specialty firm in 1990, he was a partner and
chair of the appellate department of Bronson, Bronson & McKinnon,
a large San Francisco firm.
Notable cases and briefs
- Representing Uniroyal (Michelin) Tire Corporation, obtained reversal
of $8.4 million compensatory damages verdict for trial court’s refusal
to instruct jury on plaintiffs’ comparative negligence in riding
in the back of camper truck not equipped with seatbelts; click here
for principal brief and opinion
- Representing Manufactured Home Communities, Inc., nation’s largest
owner of upscale mobilehome parks, obtained published opinion reversing
$6 million punitive damages verdict based on statutory construction
argument advanced for the first time on appeal; click here for principal brief and opinion
- Representing major developer, obtained published opinion reversing
$1.4 million verdict in partnership dispute for trial court’s improper
exclusion of key witness based on court’s criticism of his veracity;
click here for principal brief and opinion
- Representing investors in a limited partnership venture, obtained
affirmance of $1.4 million judgment over challenge to proper measure
of fraud damages and prejudgment interest; click here for principal brief and opinion
- Representing owners of mobilehome park after adverse Court of
Appeal decision on complex preemption issue, obtained review and
reversal in California Supreme Court; click here for principal brief and opinion
- Representing the FDIC in one of its major receiverships, the United
States National Bank, obtained published opinion reversing district
court’s refusal to rescind contract for sale of controlling interest
in airline for breach of tender offer clause; click here for principal brief and opinion
Honors
- President, California Academy of Appellate Lawyers (2002-2003);
member since 1987
- Fellow, American Academy of Appellate Lawyers (elected 1994)
- Among first group of lawyers certified as appellate specialists
by the State Bar of California (1997)
- Founder and chair (1985-1988), Committee on Appellate Courts of
the Bar Association of San Franciso (1985); received
Award of Merit in 1987 for contributions to appellate practice
- AV rating by Martindale-Hubbell since 1980
- Northern California “Super Lawyer” in appellate practice every
year since San Francisco Magazine started program in 2004
- Best Lawyers in America, 2008-2009
- Best lawyer in Northern California, “J” Magazine (formerly
N.Cal. Jewish Bulletin) (2005)
Advocating professionalism
- Author, “Toward a Community of Professionalism,” 3 Journal
of Appellate Practice & Process 475 (Fall 2001) [Click
here for text]
- Autthor, “A New Way for Courts To Promote Professionalism,” 86 Judicature 132
(Nov-Dec 2002) [Click
here for text]
- Founder and coordinator, California First Appellate District’s
Bench-Bar Lunch Series for Professionalism (2004-2008) [Click
here for news report]
- Helped establish Gerald Brown Inn of Appellate Court, a professionalism
project sponsored by the California Fourth District Court of Appeal,
Division One, in San Diego (2002-2003)
- Guest speaker, “Zeal and Restraint in Appellate Advocacy,” at
the second meeting of the Gerald Brown Inn of Appellate Court (2004) [Click
here for text]
- Guest speaker on professionalism at First District Appellate Project’s
training seminar (2005)
- Panelist on “Appellate Ethics: Candor & Beyond” (Bar
Assn. of San Francisco 2006)
- Panelist on “Ethical Issues and Bias in Litigation” (Marin County
Bar Assn. 2001)
Other publications
- “Legal Rules and Rule Making,” 26 Syracuse Law Review 1195
(Fall 1975) [Click
here for text]
- “Quick Guide to Civil Appellate Practice,” for the California
Judicial Council (1986)
- “Recoiling from Advance Sheets,” California Lawyer (Feb.
1987)
- “The Other Half of Appellate Practice,” Barristers Law Quarterly (Dec.
1987) [Click
here for text]
- “A Swift and Sure Settlement Appeal,” California Lawyer (June
1988)
- “On Speed and Quality in Appellate Decision Making,” The Recorder (Aug.
15, 1988) [Click
here for text]
- Chapter 3, “Appealable Orders and Judgments,” California Civil
Appellate Practice (C.E.B. 3rd ed., 1997-present) (with
E. Elizabeth Summers)
- “A Call for Honesty about the Mercy Killing Initiative,” The
Recorder (Feb. 21, 1992) [Click
here for text]
Law and CLE teaching
- Instructor, New School for Social Research (1969-1970); course
on law and society
- Instructor, Harvard College (1971-1972); course on bioethics
- Assistant Professor of Law, DePaul University (Chicago), 1972-1975;
courses on bioethics, remedies, family law, law & psychiatry
- Lectures on appellate evaluation for Bridgeport Continuing Education
seminar, “Appellate Law & Practice” (2006 & 2007)
- Panelist on “Appellate Ethics: Candor & Beyond” (Bar Assn.
of San Francisco 2006)
- Panelist for all-day Rutter Group program, “Appellate Advocacy
2004 – Learn from the Best” (April & May 2004)
- Lecture on “Evaluating and Molding the Civil Appeal: Art, Science & Ethics”
(Bar Assn. of San Francisco 1996)
- Boalt Hall School of Law, practitioner/adviser to Appellate Practice
course
- California Continuing Education of the Bar, Federal Practice Institute
- California State Bar seminars on appellate practice
- Lecture on appellate evaluation for Casualty Claims Assn. of San
Francisco
- Panelist on appellate advocacy for Hastings College of Trial and
Appellate Advocacy
- Lecture on basics of appellate practice (Marin County Bar Assn.)
- Lecture on appellate practice for Law Seminars International
- Private workshops for law firms and claims departments
- Panelist for ABA Institute on Appellate Practice
- Led workshop on legal writing for corporate counsel (Signet Series)
- Panelist on publication and depublication of appellate opinions
(Bar Assn. of San Francisco)
Community service
- Co-founder (2000) and continuing chair, Marin County Judicial
Fairness Committee, a joint project of the Marin County Bar Assn.,
Marin County Women Lawyers, and the Marin County Superior Court
- Chairman of Board of Directors (2008-2009), Lifehouse (formerly
Marin Assn. for Retarded Citizens); board member since 2002
- Trustee of the Larkspur School Board, Larkspur and Corte Madera,
CA (1991-1992)
- National Commissioner, Anti-Defamation League (1990-1996), and
president of Northern California Region
- Conceived and led successful project to raise $1.2 million to
purchase dedicated open space in San Rafael, CA (1983-1986)
- Pro-bono appellate counsel for Marin County organizations opposing
diversion of Buck Trust funds to “major projects” given unmet basic
needs (1993-1994)
- Pro-bono appellate counsel for class action by Holocaust survivors
in Skokie, IL, seeking to limit traumatic effect of proposed march
by neo-Nazi group (1976-1977)
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