Paul D. Fogel

Partner

Education

  • University of California, Los Angeles, School of Law, 1976, J.D.
  • Université de Paris, France Law School, 1972, Coursework in law, also taught American and comparative law
  • University of California, Berkeley, 1971, B.A., Political Theory

Professional Admissions / Qualifications

  • California

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals - District of Columbia Circuit
  • U.S. Court of Appeals - Second Circuit
  • U.S. Court of Appeals - Fifth Circuit
  • U.S. Court of Appeals - Seventh Circuit
  • U.S. Court of Appeals - Ninth Circuit
  • U.S. District Court - Central District of California
  • U.S. District Court - Northern District of California
  • U.S. District Court - Eastern District of California

Paul is the leader of the firm’s Appellate Group, having returned to Reed Smith in 2011, after having served for approximately two years as a judge on the Alameda County Superior Court, a post to which he was appointed by California Governor Arnold Schwarzenegger. Before taking the bench, Paul served as a partner in the Appellate Group for more than 20 years.

Paul's practice focuses on appeals, writs, post-trial motions, and law and motion matters in a broad range of civil law areas, including unfair competition, health care, trademark infringement, trade secret misappropriation, defamation, products liability, taxation, contracts, public entity law, premises liability, employment, professional negligence, banking and finance, higher education and constitutional law. He has handled more than 400 appellate matters (resulting in more than 60 published opinions), including matters in the California Supreme Court, the District of Columbia, Fifth, and Ninth Circuit Courts of Appeals, every Appellate District of the California Court of Appeal, and several other state appellate courts. He has also assisted trial counsel in a number of law and motion and posttrial motion matters that have resulted in significant victories for clients. Approximately 25 percent of Paul’s practice is in the federal appellate courts, while the remaining 75 percent is in the state appellate courts.

Paul is regularly named as one of Northern California's "Top 100 Attorneys" by Northern California Super Lawyer Magazine, has been designated as a "Super Lawyer" in appellate law annually almost every year since 2004, and has been included in Best Lawyers in America since 2006. In 2014, Chambers USA gave a high ranking to Reed Smith’s appellate practice, writing that that “Appellate group leader Paul Fogel attracts praise from sources for his strength in brief writing, and is praised for his in-depth knowledge of appellate law.” Legal 500, the world's largest legal referral guide (which provides independent and unbiased commentary on lawyers), has repeatedly recognized Paul as an appellate lawyer of distinction, and wrote that "Paul Fogel attracts praise from clients who describe him as an 'exceptional attorney with a gifted team supporting him.' He 'pays close attention to client needs,' explains another client," and "it is obvious that he has earned great credibility over the course of his career."

Paul has a number of national and regional clients who engage him directly to represent them in appeals and related proceedings. He regularly provides appellate assistance to Reed Smith's trial attorneys and is frequently engaged by non-Reed Smith attorneys to consult on or handle appellate matters.

Paul was elected to the American Law Institute in 2009. He has held an appointment as Adjunct Lecturer in Appellate Advocacy at the University of California, Berkeley (Boalt Hall) School of Law since 2010. He served as a Practitioner-Advisor in Appellate Advocacy at Berkeley Law from 1990 to 2009.

Representative Writing

  • Co-author, “The Insider’s Guide to the United States Court of Appeals for the Ninth Circuit,” Appellate Practice Compendium, ABA Publ. (2012)
  • Author, “Juges Constitutionels et Parlements – Etats-Unis,” Annuaire International de Justice Constitutionelle, Presses Universitaires d’Aix-Marseille (France) (Economica 2011)
  • Contributing author, California Civil Writ Practice (CEB 3d and 4th eds.)
  • Contributing author, California Civil Appellate Practice (CEB 3d ed.)
  • Contributing author, California Practice Guide: Employment Law (Rutter, 2001)
  • Frequent contributor of articles on appellate practice and other topics to California’s two principal legal newspapers, the Los Angeles and San Francisco Daily Journal and the San Francisco Recorder

Employment History

  • 2011 - Reed Smith
  • 2009 - Judge, Alameda County Superior Court
  • 2003 - Reed Smith
  • 1988 - Crosby Heafey Roach & May (combined with Reed Smith in 2003)
  • 1982 - California Supreme Court, Law Clerk to Chief Justice Rose Elizabeth Bird
  • 1979 - Fulbright Fellow in American Law, Universite de Paris II Law School, Paris, France
  • 1977 - Office of the State (Appellate) Public Defender

Honors & Awards

  • Recognized in Chambers USA as one of America's leading appellate lawyers (2014) ("Appellate group leader Paul Fogel attracts praise from sources for his strength in brief writing, and is praised for his in-depth knowledge of appellate law.")
  • Listed, Super Lawyers of Northern California, 2014
  • Named as one of America's leading lawyers in Appellate Law, The Best Lawyers in America, (2006 - Present)

Professional Affiliations

  • Certified Specialist in Appellate Law, California State Bar
  • Fellow, American Academy of Appellate Lawyers
  • Member and Past President, California Academy of Appellate Lawyers
  • Past Member, California Judicial Council Appellate Advisory Committee
  • Past Member, Appellate Rules Task Force (rewrote California's appellate rules)
  • Past Chair, State Bar Committee on Appellate Courts
  • Past Chair, Appellate Practice Section of the Bar Association of San Francisco
  • Past Member, Ninth Circuit Advisory Committee on Rules of Practice and Internal Operating Procedures