Steve Hirsch helps clients reframe and develop their cases for success in the federal and state appellate courts. That process can begin long before any appeal is filed, with dispositive trial-court motions and significant motions in limine, or during the post-trial motion phase, when issues are being teed up for appeal.
Mr. Hirsch’s core practice beliefs are that writing matters, that briefs should tell a compelling story, and that framing the issue is critical to success on appeal. He has been recognized by legal-writing expert Bryan Garner as one of the best brief writers in the United States, and has been chosen by the U.S. Court of Appeals for the Ninth Circuit to teach appellate brief-writing and oral argument. The Court has called on him repeatedly to handle sensitive pro bono matters.
Clients represented by Mr. Hirsch have included American Honda, AT&T Wireless Services, Electronic Arts, Genentech, Hummer Winblad, Intel, Qwest, and many prominent law firms and individuals in civil and criminal cases, as well as smaller businesses, governmental entities, crime victims, immigrants, public-interest organizations seeking amicus assistance, and labor unions.
Cases of Note
City and County of San Francisco v. Music Concourse Community Partnership: We successfully defended the Music Concourse Community Partnership from two consolidated actions. The actions sought to halt the creation of a $50 million underground parking facility in San Francisco's Golden Gate Park. After two bench trials, the court declined to issue an injunction which was upheld by the California Court of Appeal.
City of Hope National Medical Center v. Genentech, Inc.: We represented Genentech in a breach of contract and breach of fiduciary duty action. In the first trial, the jury hung 7-5 in favor of Genentech. In the retrial, the jury awarded compensatory and punitive damages. However, we persuaded the California Supreme Court to reverse the breach of fiduciary duty verdict, thereby throwing out the $200 million punitive-damages award.
Plaintiff v. Chevron: We won a $5.5 million jury verdict against Chevron for wrongfully terminating and retaliating against a female petroleum engineer. The U.S. Court of Appeals for the Ninth Circuit affirmed the award.
In re NCAA Name & Likeness Litigation: We represent Electronic Arts Inc. (EA) in a groundbreaking case that will determine how First Amendment protections apply to videogames. This right of publicity case was brought by a putative national class of current and former student athletes in the Northern District of California against EA, the National Collegiate Athletic Association and the Collegiate Licensing Company. Plaintiffs claim EA improperly used the athletes’ likenesses and biographical information in its NCAA Football and NCAA Basketball video games. The case is currently on appeal at the U.S. Circuit Court of Appeals for the Ninth Circuit. At issue is what legal test the circuit will adopt when balancing the right of publicity against rights of free expression.
Private School System v. Northern California County: We defended a California county and certain of its Supervisors against claims that its land use decision regarding a Christian school violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) and aspects of the US Constitution. After a multi-week trial in federal court, a jury resolved the case in our client’s favor, denying the school system's request for tens of millions in damages. The plaintiff appealed, but withdrew their appeal after receiving our appellate brief.
United States v. Theodore John Kaczynski: The U.S. Court of Appeals for the Ninth Circuit appointed our firm to serve as pro bono amicus counsel to four victims of the Unabomber. The appeal concerned the constitutionality of an order to sell his writings to benefit victims. The court rejected the Unabomber’s First Amendment arguments and authorized an auction plan.
United States v. Importer: We defended at trial and on appeal a prominent Iranian businessman indicted for smuggling $8 million worth of Persian carpets. The case was won on appeal.
Awards and Honors
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In the 2011 edition of Benchmark Appellate, Benchmark Litigation recognized Keker & Van Nest as a "leading Appellate Firm in the Ninth Circuit."
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Best Lawyers in America for Appellate Law, 2010 -2012
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Named by legal-writing expert Bryan Garner as one of four “especially outstanding” appellate brief-writers in the nation
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Kudos from courts: “Pro bono counsel Steven A. Hirsch of the firm of Keker & Van Nest did an excellent job of clarifying the factual and legal issues both in his briefs and at oral argument, for which this court is grateful.” Andriasian v. I.N.S., 180 F.3d 1033, 1040 n. 10 (9th Cir. 1999). “The court is extremely grateful for the extraordinary efforts of pro bono counsel Steven A. Hirsch, of Keker & Van Nest, LLP, San Francisco[.]” United States v. Kaczynski, 551 F.3d 1120, 1123 n.1 (9th Cir. 2009)
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Northern California Super Lawer, 2006-present
Professional Affiliations
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Co-chair, Amicus Committee, Bar Association of San Francisco
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Member, California Academy of Appellate Lawyers
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Appellate Lawyer Representative to the Ninth Circuit Judicial Conference
Publications and Speaking Engagements
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"The Appellate Process in California," Bridgeport CLE, 2012
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Instructor, "Legal Writing Through a Case," Yale Law School
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Three-time panelist on brief-writing at Ninth Circuit’s biannual Appellate Practice Workshop.
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Three briefs published in Bryan Garner’s textbook, The Winning Brief
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Taught appellate advocacy at UC Berkeley School of Law (formerly Boalt Hall)
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Panelist in numerous programs relating to appeals, brief-writing and California law