Andrew John Chan

Andrew is a senior counsel in the Oakland/East Bay office of Ericksen Arbuthnot and co-chair of the firm's Appellate Practice Group. He is AV® Peer Review Rated by Martindale-Hubbell and has been selected as a Northern California Super Lawyers Rising Star by Thomson Reuters. Andrew has extensive litigation experience representing individual and institutional clients in state and federal court. His areas of practice include insurance coverage and defense, intellectual property, personal injury, professional liability, real estate, and other commercial issues.

Andrew has B.A. degrees in Cognitive Science and History, and a minor in Philosophy, from the University of California, Berkeley. While attending law school at the University of Miami, Andrew served on the Faculty Committee (Curriculum), Honor Council, International Moot Court Board, and Volunteer Tax Assistance Program. Andrew also clerked for Judge Maxine Cohen Lando in Florida's Eleventh Judicial Circuit, the State Attorney's Office for Miami-Dade County, the Office of the City Attorney for Miami, Florida, and the San Francisco District Attorney's Office.

Andrew is licensed in California, Florida, the Supreme Court of the United States, the United States Court of Appeals for the Ninth Circuit, and the United States District Courts for All Districts of California and the Middle and Southern Districts of Florida.

Andrew is a California real estate broker and he is registered to practice before the United States Patent and Trademark Office.

CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories – legal ability and general ethical standards.

University of Miami School of Law

J.D. (2007)

2004 - 2007

Activities: • Authored legal thesis: “Centex v. United States: Tax Benefits to Thrifts for Supervisory Goodwill Post-FIRREA.” • Served on the Faculty Committee (Curriculum), Honor Council, International Moot Court Board, and Volunteer Tax Assistance Program. • Participated as Student Mentor for first year students and a BarBri Representative.

University of California - Berkeley

B.A. (2003) | Majors: Cognitive Science and History; Minor: Philosophy

1999 - 2003

Activities: • Authored history thesis: “The Legal Foundations of Native American Gaming.” • Worked as Disc Jockey/Music Librarian (KALX from December 2001 through September 2003), Auditor/Night Manager (Bancroft Hotel from July 2001 through May 2002), Chess Instructor (Berkeley Chess School from January 2003 through December 2003), and SAT Tutor (IVY West from June 2003 through December 2003).

Attorney

Ericksen Arbuthnot

2016 - Current

• Defend business entities and individuals in construction defect, premises liability, product liability, professional malpractice, and personal injury matters. • Investigate, analyze, and draft evaluations, pleadings, discovery, and motions. • Attend hearings, depositions, mediations, arbitrations, mandatory settlement conferences, site inspections, and client conferences.

Attorney

Maurice Wutscher, LLP

2015 - 2016

• Defended consumer finance and real estate litigation on behalf of institutional clients in state and federal court. • Litigated contested foreclosure, insurance recovery, employment, and other commercial issues. • Investigated, analyzed, and drafted evaluations, pleadings, discovery, and motions. • Attended hearings, depositions, settlement negotiations, and client conferences. • Established the firm’s San Francisco office with one other attorney.

Attorney

Berk, Merchant & Sims, PLC

2009 - 2015

• Defended insurance and coverage matters, including property damage, theft, loss of use, business interruption, professional errors and omissions, and bad faith claims, as well as product liability, personal injury, and medical malpractice claims on behalf of institutional clients in state and federal court. • Investigated, analyzed, and drafted comprehensive opinion letters, pleadings, discovery, motions, post-judgment relief, and appeals. • Attended hearings, depositions, settlement negotiations, and mediations, and served as second chair at trial.

Law Clerk

Angelo & Banta, P.A.

2008 - 2008

• Analyzed and drafted commercial loan documents for transactional practice. • Provided support for commercial and condominium law litigation.

California Bar Certified Student Intern

San Francisco District Attorney's Office

2007 - 2007

• Investigated, analyzed, and drafted various criminal motions and legal memoranda. • Provided additional trial support for Preliminary Hearings, Homicide, and Sexual Assault Departments.

Law Clerk

Office of the City Attorney, Miami, Florida

2006 - 2006

• Investigated, analyzed, and drafted pleadings, motions, and legal memoranda regarding various municipal law, contract, and civil law topics for the City Attorney’s litigation department. • Served as one of two paid law clerks while attending law school.

Law Clerk

Neil M. Schuster, P.A.

2006 - 2006

• Investigated, analyzed, and drafted criminal and civil appeals to federal court with an emphasis on federal constitutional issues for sole practitioner.

Judicial Clerk

Eleventh Judicial Circuit, Miami, Florida

2005 - 2005

• Served as a judicial clerk for Civil Judge Maxine Cohen Lando. • Investigated, analyzed, and drafted court opinions and legal memoranda. • Attended hearings and trials held before Judge Lando.

Legal Intern

State Attorney's Office, Miami, Florida

2005 - 2005

• Investigated, analyzed, and drafted various motions and legal memoranda for state attorneys in the Economic Crimes and Cybercrimes Divisions. • Investigated, analyzed, and drafted fourth amendment issues for a comprehensive search warrant manual used by prosecutors and law enforcement officials.

How Many Jurors Does It Take to Overrule a Precedent? Ramos v. Louisiana and Stare Decisis

The Marin Lawyer

September 9, 2020

The Nuts and Bolts of California Appellate Practice

California Young Lawyers Association

August 3, 2020

Contractual Waiver of Public Injunctive Relief in Arbitration Agreements: Conflicting Federal Interpretation of the McGill Rule

Contra Costa Lawyer Magazine

June 9, 2020

California Public Entities’ Duty to Light Streets: The Erosion of the Peculiar Condition Exception

California Lawyers Association Public Law Journal

May 15, 2020

Trail Ruling Lessens Calif.'s Public Property Liability

Law360

April 6, 2020

Judge, Gaines and Fields v. Carson City (Mock ADA appellate oral arguments), ABA Law Student Division 2017-18 National Appellate Advocacy Competition (NAAC), San Francisco Regional, San Francisco, California

March 3, 2018

American Bar Association

AV® Peer Review Rated

Martindale-Hubbell

2019

Selected as a Northern California Super Lawyers Rising Star

Thompson Reuters

2018

AV® Peer Review Rated

Martindale-Hubbell

2018

AV® Peer Review Rated

Martindale-Hubbell

2017

Association of Defense Counsel of Northern California and Nevada

Member

2019 - Current

United States Court of Appeals for the Ninth Circuit

Member

2018 - Current

California Bureau of Real Estate  # 02037395

Real Estate Broker

2018 - Current

Florida Bar Out of State Division

Member

2018 - Current

State Bar of California  # 302526

Member

2015 - Current

California

Since 2015

Florida

Since 2009

United States Patent and Trademark Office

Since 2011

• Credit Cards Accepted