Profile
Elliot Bien 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. Before forming an appellate specialty firm in 1990, he was a partner and chair of the appellate department at Bronson, Bronson & McKinnon, a large San Francisco law firm.
Selected To
Northern California Super Lawyers 2011
Northern California Super Lawyers 2010
Northern California Super Lawyers 2009
Northern California Super Lawyers 2008
Northern California Super Lawyers 2007
Northern California Super Lawyers 2006
Northern California Super Lawyers 2005
Northern California Super Lawyers 2004
About Elliot Bien
Admitted: 1979, California
Professional Webpage: www.biencounsel.com/bio_bien.asp
Honors and Awards:
- Best Lawyers in America, 2008-2011
- AV rating by Martindale-Hubbell since 1980
- 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
- Fellow, American Academy of Appellate Lawyers (1994-present)
- President, California Academy of Appellate Lawyers (2002-2003), member since 1987
Special Licenses/Certifications:
- Certified as appellate specialist by the State Bar of California (1997-present)
Bar/Professional Activity:
- Founded and chaired Committee on Appellate Courts of the Bar Association of San Francisco, 1985
- Co-founded and chaired Marin County Judicial Fairness Committee in conjunction with Marin County Superior Court, 2000
- Founded and led Bench-Bar Lunch Series for Professionalism with California Court of Appeal, First District, 2004
Pro bono/Community Service:
- Pro-bono appellate counsel for Marin County organizations opposing diversion of Buck Trust funds to “major projects” given unmet basic needs (1993-1994)
- National Commissioner, Anti-Defamation League (1990-1996), and president of Northern California Region
- Trustee of the Larkspur School Board, Larkspur and Corte Madera, CA (1991-1992)
- Chairman of Board of Directors (2008-2009), Lifehouse (formerly Marin Assn. for Retarded Citizens); board member since 2002
- 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
Scholarly Lectures and Writings:
- “Legal Rules and Rule Making,” 26 Syracuse Law Review 1195 (Fall 1975) [Click here for text], 1975
- “Quick Guide to Civil Appellate Practice,” for the California Judicial Council, 1986
- “The Other Half of Appellate Practice,” Barristers Law Quarterly (Dec. 1987) [Click here for text], 1987
- “Recoiling from Advance Sheets,” California Lawyer (February), 1987
- “On Speed and Quality in Appellate Decision Making,” The Recorder (Aug. 15, 1988) [Click here for text], 1988
- “On Speed and Quality in Appellate Decision Making,” The Recorder (Aug. 15, 1988) [Click here for text], 1988
- “A Swift and Sure Settlement Appeal,” California Lawyer (June), 1988
- “A Call for Honesty about the Mercy Killing Initiative,” The Recorder (Feb. 21, 1992) [Click here for text], 1992
- Lecture on “Evaluating and Molding the Civil Appeal: Art, Science & Ethics” (Bar Assn. of San Francisco), 1996
- “Toward a Community of Professionalism,” 3 Journal of Appellate Practice & Process 475 (Fall 2001) [Click here for text], 2001
- “A New Way for Courts To Promote Professionalism,” 86 Judicature 132 (Nov-Dec 2002) [Click here for text], 2002
- Panelist for all-day Rutter Group program, “Appellate Advocacy 2004 – Learn from the Best” (April & May), 2004
- Panelist on “Appellate Ethics: Candor & Beyond” (Bar Assn. of San Francisco), 2006
- Lectures on appellate evaluation for Bridgeport Continuing Education seminar, “Appellate Law & Practice” (2006 & 2007), 2007
- Chapter 3, “Appealable Orders and Judgments,” California Civil Appellate Practice (C.E.B. 3rd ed., 1997-present) (with Elizabeth Summers), 2012
Verdicts and Settlements:
- 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
- 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 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 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 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 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
Other Outstanding Achievements:
- Assistant Professor of Law, DePaul University (Chicago), 1972-1975; courses on bioethics, remedies, family law, law & psychiatry
- Instructor, Harvard College (1971-1972); course on bioethics
- Instructor, New School for Social Research (1969-1970); course on law and society
Educational Background:
- A.B., Columbia College, Columbia University (1967)
J.D. Columbia Law School (1971)
LL.M. Harvard Law School (1972)