Amy E. Margolin

Telephone:  (415) 553-8744
Email:  amargolin@biencounsel.com

Education:

J.D., Stanford Law School, 1993

B.A., Harvard University, (magna cum laude),1989

Admissions:

California (1993);
U.S. Court of Appeals, Ninth and Federal Circuits; United States Supreme Court

  

Amy’s practice has focused on civil appeals for more than ten years. Before joining Bien & Summers, she was a director in the appellate practice group of Howard Rice Nemerovski Canady Falk & Rabkin in San Francisco.

Amy has successfully argued cases in the California Court of Appeal and the United States Court of Appeals for the Ninth Circuit, including an en banc panel of the Ninth Circuit. She has had major responsibilities in appellate matters spanning a wide variety of issues and industries, with stakes ranging up to hundreds of millions of dollars. She lectures frequently in the area of appellate practice, and since 2007 has been recognized in the annual “Super Lawyers” survey of Law & Politics as among the top five percent of appellate lawyers practicing in Northern California.

Amy lives in San Francisco with her wife and their two daughters.

Notable recent results

  • David Chow, M.D. v. Central East Bay Medical Group Inc. (Cal. Ct. App., 1st Dist., Div. 1 (2011)). Successfully represented independent physician association in appeal of judgment exonerating it of physician's wrongful termination claim, alleging violation of anti-gag statute protecting certain doctor-patient communications. Defeated doctor's request for emergency stay of his termination from the physician group pending appeal, following which the case promptly settled.

  • Spalding Laboratories, Inc. v. Arizona Biological Control, Inc., 9th Cir. Nos. 07-56876, 08-56006 (2009). Representing the plaintiff in a multi-million dollar Lanham Act false advertising case, played major role in both obtaining a reversal of the defense judgment entered after trial and obtaining an order reassigning the case for retrial to a new District Judge.

  • Global Reach Investment Corp. v. Burlingame Investment Corp., (Cal. Ct. App., 1st Dist., Div. 3 (2008-2009). Lead appellate counsel to real estate development company sued for an alleged debt of more than $4 million. Successfully moved to dismiss the plaintiff’s appeal from the defense judgment (click here for the motion), and successfully defended on appeal the resulting $810,000 attorneys’ fees award (click here for brief and opinion).

  • In re Marriage Cases, 43 Cal. 4th 757 (2008). Lead outside appellate counsel to City and County of San Francisco in successful constitutional challenge to California’s ban on marriage by same-sex couples.

  • Brittalia Ventures v. Stuke Nursery Co., Inc., 153 Cal. App. 4th 17 (2007). Lead appellate counsel to commercial nursery on its appeal from judgment entered after jury trial in breach of warranty action. Obtained reversal of $750,000 attorneys' fee award though judgment otherwise affirmed. Click here for answer successfully opposing petition for Supreme Court review of the attorneys’ fee issue.

  • Transcontinental Ins. Co. v. Insurance Co. of the State of Pennsylvania, 148 Cal. App. 4th 1296 (2007). Successfully represented primary insurers on appeal in coverage dispute with excess insurer arising from construction defect litigation. Click here for the opinion.

  • In re Pacific Gas & Electric Company, 280 B.R. 506 (N.D. Cal. 2002). Successfully established appellate jurisdiction over public utility’s appeal from pre-trial ruling rejecting central feature of its proposed reorganization plan. Click here for principal pleadings and decision.

Honors, Publications, Teaching and Speaking Engagements

Appellate Practice:

  • Recognized since 2007 as a Northern California Super Lawyer in appellate practice by Law & Politics.

  • Practitioner Advisor, U.C. Berkeley School of Law, Appellate Advocacy Class.

  • Speaker, Appeals (Civil): Winning Strategies From Start To Finish, sponsored by Pincus Professional Education (September 2011).

  • "Appellate Litigation Strategies," presented to 2010 Annual Convention of Western Manufactured Housing Communities Association (October 2010).

  • Speaker, The Complete Appeal Conference: Strategies From Start To Finish, sponsored by Pincus Professional Education (September 2009).

  • Co-speaker in four-part, national webcast lecture series on appellate law, sponsored by West LegalEdcenter and Celesq AttorneysEd Center: “Appellate Law For Trial Lawyers” (January 2009); “Mistakes To Avoid On Appeal” (October 2008); “What Corporate Counsel Need To Know About Appeals” (September 2008); and “Preparing a Great Appellate Brief” (August 2008).

  • “Get It On The Record,” California Lawyer (October 2008). 

  • Speaker, “Keys to Successful Appeals: Do’s and Don’ts From A Proven Winner,” national audio conference sponsored by National Constitution Center (June 2008).

  • Speaker, Appellate Law For Trial Attorneys, conference sponsored by Bridgeport Continuing Education (January 2008).

  • Speaker, Appellate Law and Practice, conference sponsored by Bridgeport Continuing Education (December 2006).

Civil Liberties:

  • Symposium speaker, “The State of Same-Sex Marriage: Past, Present and Future,” sponsored by Loyola University Chicago School of Law and the Lesbian and Gay Bar Association of Chicago (March 2009, Chicago).

  • “One Giant Leap – Down the Aisle,” San Francisco Daily Journal (June 17, 2008).