Kevin Fong is leader of the law firm's Appellate practice, ranked by U.S. News/Best Lawyers as a "National Tier 1" appellate practice. Mr. Fong himself is “recognized by peers as being one of the most talented appellate attorneys in the state” (Chambers USA).
Mr. Fong has appeared in 110 published decisions, including arguments in six cases before the California Supreme Court (prevailing in five of the six cases). As an associate, he successfully argued before the California Supreme Court in a libel defense case on behalf of a newspaper that had published a series of investigative articles detailing police and prosecutorial misconduct in the conviction of an alleged Chinatown gang murderer. The victory resulted in reversal of a $6 million judgment against the newspaper.
Mr. Fong's arguments have helped shape the law in numerous fields—establishing important precedent in the fields of environmental law and banking, for example. He has authored briefs in leading cases before numerous Circuits and the U.S. Supreme Court, including a landmark administrative law case, Chevron v. Natural Resources Defense Council. Mr. Fong has successfully represented clients in several precedent-setting banking cases—including a prominent Ninth Circuit case defining the scope of fiduciary duties in a multi-bank loan, and the leading California Supreme Court case confirming a creditor's right to proceed against multiple items of collateral in non-judicial foreclosures.
Mr. Fong was elected to the California Academy of Appellate Lawyers in 1991 and served as its 2010-11 president. He has been certified as a specialist in appellate law by the State Bar of California Board of Legal Specialization, and has served on the Appellate Courts Committee of the State Bar of California. Mr. Fong has been a contributing author of the National Institute of Trial Advocacy's (NITA) commentaries to the Federal Rules of Appellate Procedure. He has authored several articles in The Practical Litigator (published by the American Law Institute—American Bar Association), including a 2009 article on "Crafting Jury Instructions to Win Trials and Appeals."
Mr. Fong has been a leader in promoting diversity in the legal profession for more than 30 years and chaired the firm's Diversity Committee for more than a decade. He has served as president of the Asian Pacific Bar of California and as president of the Asian American Bar Association of the Greater Bay Area. Mr. Fong has served on the ABA's Commission on Racial and Ethnic Diversity in the Profession, the board of the Bar Association of San Francisco, the steering committee of the California Minority Counsel Program, the executive committee of the Legal Aid Society of San Francisco, and the board of the Asian American Justice Center. He co-chaired the amicus brief committee of the National Asian Pacific American Bar Association for more than a decade.
Frequently invited as a speaker, Mr. Fong was featured in 2014-15 in programs on constitutional law (California Bankers Association; and the National Asian Pacific American Bar Association), appellate advocacy (State Bar of California’s Litigation Section; the California Minority Counsel Program; and the Asian American Bar Association of the Greater Bay Area), and diversity and career development (Bay Area Diversity Career Fair; Harvard Asian Pacific American Law Students Association; and Ascend (Pan-Asian Leaders)), as well as national conferences on healthcare and real estate.
Following law school, Mr. Fong served as law clerk to the late Honorable Constance Baker Motley, former Chief Judge of the U.S. District Court for the Southern District of New York.
- Chambers USA, Appellate—California (2010-2015)
- Best Lawyers in America, Appellate Practice (2007-2016)
- Annual Dinner Honoree, Southern California Chinese Lawyers Association (2009)
- Trailblazer Award, National Asian Pacific American Bar Association (2008)
- Annual Dinner Honoree, Asian Law Caucus (2006)
- Super Lawyers, Top 100—Northern California (2009-2012)
cum laude, Editor-in-Chief, Harvard Civil Rights - Civil Liberties Law Review
magna cum laude