Donald M. Falk
California
Schaerr | Jaffe LLP
Four Embarcadero Center
Suite 1400
San Francisco, CA 94111
Tel: 202-787-1060
Email:
dfalk@schaerr-jaffe.com
Web:
www.schaerr-jaffe.com
Donald Falk has a general appellate practice with specific expertise in class actions at all levels, recognized by the American Lawyer as a California “class action killer.”
He has significant experience in a wide range of subject matter, including antitrust, patent law, torts, contracts, tax, arbitration, federal preemption, constitutional law (commercial speech, Commerce Clause, and takings), federal and California administrative law, securities, and California’s Unfair Competition Law (Business & Professions Code Section § 17200).
In addition to dozens of arguments before state and federal intermediate appellate courts, Mr. Falk has argued successfully before the U.S. Supreme Court and the highest courts of California, New York, Texas, and Maryland. He has also provided antitrust counseling and analysis for high technology, pharmaceutical, and other industries, making presentations to federal executive and legislative personnel, foreign competition officials, and state attorneys general.
Mr. Falk’s class action appellate advocacy led to landmark decisions restricting the scope of class certification in both the Ninth Circuit and the California Court of Appeal. He has also defeated class actions as meritless even under the worker-friendly California Labor Code, and as federally preempted.
Mr. Falk has significant experience in the Supreme Court and Ninth Circuit defending class action settlements from objectors and, in one case, from excessive trial court procedural restrictions. Complementing his appellate record is extensive experience in developing and briefing class actions at the trial level relating to online consumer privacy, online advertising, and employment.
Certified as a specialist in appellate law by the California Bar, Mr. Falk has been listed in Chambers for California Appellate since 2013 and has been recognized by Northern California Super Lawyers, Best Lawyers in America, Top Attorneys in Northern California, and Avvo, among others. He is a Ninth Circuit Vice Chair for the amicus program of the National Association of Criminal Defense Lawyers, and has assisted the Family Violence Appellate Project on many appeals and amicus briefs.
Mr. Falk clerked for Judge Douglas Ginsburg on the D.C. Circuit. He then practiced for 30 years at Mayer Brown, where he was a partner in the Supreme Court and appellate practice in Washington, D.C., Palo Alto, and San Francisco. He graduated from the Boalt Hall School of Law at the University of California at Berkeley, where he was articles editor for the Ecology Law Quarterly. Before that he received an undergraduate degree from the University of California at Berkeley, a master’s degree from the University of Chicago, and a degree in real life from five years working on Bay Area construction sites.
Schaerr | Jaffe attorneys have a wealth of experience litigating complex cases in state and federal courts of appeal.
More often than not, the key to winning an appeal in a high-stakes case is effectively framing and preserving potential appellate issues before and during trial. To maximize the chances of appellate success, Schaerr | Jaffe attorneys will review key pleadings, briefing, and evidence; discuss the case with the client’s trial team; and prepare a written plan for framing and preserving any potential appellate issues, whether they arise pre-trial or during the course of a trial.
When it comes to handling appeals in high-stakes cases, Schaerr | Jaffe attorneys bring to the table an unparalleled record of success. If a client has prevailed in a trial court or agency, Schaerr | Jaffe attorneys will effectively defend that victory against appellate attack. If, however, a client has suffered a defeat, Schaerr | Jaffe attorneys will mount a vigorous and targeted appellate attack on the judgment. They will carefully analyze the case to determine which avenues of attack are the most promising, and they will effectively present those points in carefully researched and well-honed appellate briefs and at oral argument.
Sometimes quick action on a writ proceeding, interlocutory appeal, or emergency appellate motion may be critical to protecting a client’s interests. Schaerr | Jaffe attorneys have been tested under fire in circumstances like those and will draw on their experience in helping a client promptly file and argue effective critical appellate motions.
If you already have an attorney that you are comfortable with but would like to borrow from the years of diverse appellate experience the attorneys at Schaerr | Jaffe possess, we are available to help prepare your lawyer for oral argument. Our attorneys have presented dozens of oral arguments in high-profile cases and won on behalf of our clients. We can help your lawyer prepare, polish, and present the most effective argument on your behalf to support the outcome of your appeal.
Schaerr | Jaffe is a leading boutique law firm with offices in Washington, D.C. and San Francisco, dedicated to representing clients at trial, on appeal, during investigations, or during administrative proceedings. The firm’s attorneys have deep experience in all stages of litigation and investigations, and are routinely called upon to represent clients in high-profile, high-stakes cases across the country.
Schaerr | Jaffe has a track record of success from state trial courts to the Supreme Court, including:
- Arguing nine cases in the U.S. Supreme Court
- Successfully appealing in every Federal Circuit Court
- Successfully appealing in many State Supreme Courts
- Serving as counsel to over 25 states
- Successfully representing clients at trial in state and federal court
- And many other matters.
As a boutique, Schaerr | Jaffe brings a wealth of experience to clients efficiently. Rather than staffing every case with a host of lawyers, the firm tailors their services directly to their clients’ needs, ensuring quality representation quickly and thoroughly to allow clients to resolve the matter and move forward.