Kevin K. Green

Mr. Green is a career appellate lawyer. He has argued in multiple federal circuits, 10 different states and seven state supreme courts. He also works on critical motions and issues likely to go on appeal.

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Current Role

  • Senior Counsel, Hagens Berman Sobol Shapiro LLP
  • Concentrates on appeals as well as consumer rights, securities and employment litigation
  • Certified Appellate Specialist, State Bar of California Board of Legal Specialization (since 2006)

Legal Activities

  • California Lawyers Association, Committee on Administration of Justice (since 2016)
  • Appellate Advisory Committee, Judicial Council of California (since 2013)
  • Co-Chair, CAOC Amicus Curiae Committee (since 2011)
  • Self-Help Working Group, Court Innovations Grant (2017)
  • Magistrate Judge Selection Panel, Southern District of California (2013-17) 
  • Working Group, San Diego Appellate Inn of Court (launched 2016)
  • Co-Founder, Civil Appellate Self-Help Workshop (launched 2014)
  • Appellate Court Committee, San Diego County Bar Association (Chair, 2010)
  • State Bar of California, Committee on Appellate Courts (2006-09) 

Recognition

  • Top 100 California Appellate Lawyers, American Society of Legal Advocates (since 2015)
  • Super Lawyer (since 2008)
  • Legal Aid Society of San Diego, Outstanding Service Award (2015)
  • Consumer Attorneys of California, Presidential Award of Merit (2013 & 2016)

Notable Decisions

  • Hernandez v. Restoration Hardware, 4 Cal. 5th 260 (2018) (agreeing with CAOC as amicus curiae that unnamed class members must intervene for standing to appeal)
  • Friedman v. AARP, Inc., 855 F.3d 1047 (9th Cir. 2017) (UCL claim stated that AARP unlawfully transacted insurance without license)
  • George v. Urban Settlement Serv., 833 F.3d 1242 (10th Cir. 2016) (reinstating RICO class complaint against Bank of America)
  • Garza v. Gama, 379 P.3d 1004 (Ariz. Ct. App. 2016) (reversing decertification of wage-and-hour class action)
  • McCormack v. Cao,  636 F. App’x 945 (9th Cir. 2016) (affirming “excellent result” valued at $129 million for senior citizen class)
  • Duran v. U.S. Bank, 59 Cal. 4th 1 (2014) (CAOC amicus curiae addressing representative evidence in class actions)
  • Wong v. Accretive Health, 773 F.3d 859 (7th Cir. 2014) (upholding $14 million securities settlement)
  • Harris v. Superior Court, 207 Cal. App. 4th 1225 (2012) ($65 million resolution for employee class after reversal)
  • Lynch v. Rawls, 429 F. App’x 641 (9th Cir. 2011) ($15 million derivative settlement after first Ninth Circuit reversal on presuit demand requirement)
  • Kwikset Corp. v. Superior Court, 51 Cal. 4th 310 (2011) (rejecting stringent interpretation of UCL standing prerequisites)
  • Luther v. Countrywide Fin. Corp., 195 Cal. App. 4th 789 (2011) (Securities Act class actions permitted in state court,  leading to $500 million settlement)
  • In re F5 Networks, Inc. Derivative Litig., 207 P.3d 433 (Wash. 2009) (Washington follows demand futility standard, not universal demand rule)
  • Smith v. Am. Family Mut. Ins. Co., 289 S.W.3d 675 (Mo. Ct. App. 2009) (reinstating $17 million jury verdict for plaintiff class)
  • Alaska Elec. Pension Fund v. Brown, 941 A.2d 1011 (Del. 2007) (en banc) (intervening shareholders who show corporate benefit entitled to attorney fees)
  • Ritt v. Billy Blanks Enters., 870 N.E.2d 212 (Ohio Ct. App. 2007) (reversing on class certification, leading to $40 million settlement)
  • Lavie v. Procter & Gamble Co., 105 Cal. App. 4th 496 (2003) (leading precedent on California’s reasonable consumer standard)

Publications

  • Amicus Curiae Update, Forum (regular column for CAOC’s periodical) (since 2012)
  • Distinguishing Mayor McCheese from Hexadecimal Assembly Code for Madden Football: The Need to Correct the 9th Circuit's ‘Nutty’ Rule barring Expert Testimony in Software Copyright Cases (Oct. 2017) (with David Nimmer and Peter S. Menell) (available at SSRN)
  • Forfeiture at the Pleading Stage: Ask Permission First, Don’t Apologize Later, California Litigation (Vol. 28, No. 1, 2015) (with Rupa G. Singh) (Journal of State Bar Litigation Section)
  • Closing the Appellate Justice Gap, Los Angeles Daily Journal (Feb. 10, 2015)
  • Appellate Review in California Class Actions, California Litigation (Vol. 24, No. 2, 2011) (Journal of State Bar Litigation Section)
  • A Tool for Mischief: Preemptive Defense Motions Under BCBG Overtime Cases to Reject Class Certification, Forum (Vol. 39, No. 1, Jan./Feb. 2009) (with Kimberly A. Kralowec)
  • The Unfair Competition Law After Proposition 64: The California Supreme Court Speaks, Competition (Vol. 15, No. 2, Fall/Winter 2006) (Journal of State Bar Antitrust & Unfair Competition Law Section)

Presentations

 

  • Bridgeport Class Action Conference (Consumer Protection Cases Predicated on Omissions, Jan. 2018)
  • State Bar Webinar (Material Omission Claims Under California’s UCL, FAL and CLRA, Sept. 2017) (with Timothy W. Loose)
  • CAOC Class Action Seminar (Faculty, Feb. 2017)
  • Bridgeport Consumer Litigation Conference (Material Omissions, Jan. 2017)
  • CAOC Webinar (Ninth Circuit Practice: Everything but the Brief, Nov. 2016)
  • Bridgeport Class Action Litigation Conference (Objectors, Sept. 2016)
  • University of San Diego School of Law (Legal Writing in Practice Seminar, Feb. 2015)
  • CAOC Annual Convention (Class Action Update, Nov. 2014)
  • San Diego County Bar Association (Moderator, Pleasing the Court: Making Your Oral Argument Count, Oct. 2014)
  • State Bar of California Annual Meeting (Forfeiture: A Four-Letter Word in the Court of Appeal, Sept. 2014)
  • Consumer Attorneys of San Diego, Class Action Symposium (Appellate Perspective on Class Actions, May 2014)
  • State Bar of California Golden State Institute (California Supreme Court Panel, Oct. 2012)
  • State Bar of California Annual Meeting (Moderator, Preparing an Appellate Record, Sept. 2009)
  • CAOC Annual Convention (Employment Litigation Panel, Nov. 2008)

Personal Insight

Concerned a legal career meant taking life too seriously, Kevin spent several years after college blending work and travel. He taught English in Switzerland, toiled as a luggage porter in Australia and scaled a live volcano in Guatemala. He ran with the bulls at Pamplona before easing into a monastic life of appellate practice.