Horvitz & Levy LLP

Appellate Law

Burbank

San Francisco

During a time when litigators argued cases cradle to grave, a young California attorney’s decision to start his career focusing solely on civil appeals was, to say the least, unique.

Such a specialized practice was relatively unheard of in the early 1950s when, fresh off a clerkship with former California Supreme Court Chief Justice Phil S. Gibson, Ellis J. Horvitz decided to do just that.

“At that time, there were a few, very few that I knew, solo practitioners who only did appeals,” Horvitz said. “I was very well trained in the appellate field by the chief, so I knew what to do.”

For years, Horvitz’s firm remained small. And it wasn’t until 1977 that Horvitz hired associate Barry R. Levy, who would become the firm’s second named partner.

Today, the firm is more than 30 attorneys strong. Its litigators are still focused mostly on appellate advocacy, but they’ve expanded their field to include trial consulting. The aim there is to preserve a winnable record if a case does go on appeal.

Among the significant victories racked up by the firm this year are for clients such as the member companies of American International Group Inc., the Los Angeles Times and Beverly Hills Unified School District.

Each decision established precedential state and federal authority on specific areas of the law: insurance bad faith, breach of contract and constructive discharge.

Particularly significant was the firm’s state high court win eliminating an unprecedented bad faith verdict that rested on what Horvitz & Levy attorneys argued was a legal theory that would have threatened any insurer’s due process rights to file declaratory relief actions. Victaulic Co. v. American Home Assurance Co., 20 Cal.App.5th 948 (2018).

“That’s really a regular feature of the work we do, that the issues we address in the appellate courts advance the law,” said David M. Axelrad, a partner at Horvitz & Levy who has been with the firm for over three decades.

2018 has been a big year for the firm, not just because of its appellate victories.

In June, Horvitz & Levy opened its second office. With an ever-growing client base, the firm decided to look north, scooping up former Sedgwick LLP appellate heavyweight Kirk C. Jenkins to bring the Horvitz& Levy name to San Francisco.

And in October, the California Lawyers Association inducted Horvitz, who has come to be known as the dean of the California appellate bar, as the inaugural honoree for its appellate lawyer hall of fame.

California Supreme Court Justice Ming Chin presided over the ceremony.

Despite the success, the firm doesn’t plan to get too large too quickly. Growth for the sake of growth has never been the group’s strategy.

“The past year has continued a pattern of slow but steady growth over the years, which is in response to our expanding reputation for excellence in the appellate courts,” Axelrad said. “But at its core, the firm is still the same.”

— Nicolas Sonnenburg