Elliot L. Bien

Telephone:  (415) 472-1500
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

 

Elliot is one of California’s most highly regarded civil appellate specialists. He was one of the top 100 of all Northern California attorneys voted as 2013 “Super Lawyers.” 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

  • Currently representing the City of Modesto and related agencies for appeals and cross-appeals arising from their 12-year tort action against Dow Chemical Co. and other manufacturers or suppliers of perchlororethylene (PCE), a carcinogenic dry cleaning solvent, that contaminated the city water supply at dozens of sites. The appeals follow multi-phase jury and court trials and significant pretrial rulings. Click here for Modesto’s opening brief as appellant.
  • Represented the decedent's estate of a prominent attorney in a multi-million dollar dispute with his former partner over the proper characterization of a contingent-fee recovery and the proper construction of applicable statutes of limitation and claim-filing rules. (Dacey v. Taraday (2011) 196 Cal.App.4th 962)
  • 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 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 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, 2006-2015
     
  • 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]
     
  • Author, “A New Way for Courts To Promote Professionalism,” 86 Judicature132 (Nov-Dec 2002)
     
  • 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

  • Trustee of the Marin County Law Library (2014-)
  • Co-founder (2000) and chair (2000-2014), 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)