Robert M. Dato, Co-Chair of the Appellate Practice Group, primarily represents clients in business litigation and employment matters, with particular emphasis on appeals and related proceedings. Mr. Dato, a Certified Appellate Specialist in California since 1996, has handled more than 400 appellate matters in state and federal courts throughout the United States and served as the national coordinating appellate counsel for two major pharmaceutical manufacturers.

Mr. Dato was previously a senior research attorney to Presiding Justice David G. Sills of the California Court of Appeal in Santa Ana, where he prepared approximately 200 appellate opinions in substantive areas ranging from family law to complex business litigation matters. He also occasionally served as the court’s writ attorney, reviewing and making recommendations regarding writ petitions filed with the court.

Mr. Dato is the author of CEB’s Handling Civil Appeals: Action Guide, a co-author of CEB’s Civil Appellate Practice treatise, and a contributor to CEB’s “Civil Procedure During Trial” treatise. He is currently a member of the Orange County Bar Association’s Professionalism and Ethics Committee.  He is a past chair of the State Bar’s Committee on Administration of Justice and a past chair of the Orange County Bar Association’s Appellate Law Section. Mr. Dato is AV Preeminent rated by Martindale Hubbell. Mr. Dato was recognized as a Southern California Super Lawyer from 2004-2023, as well as a 2013 Top Rated Lawyer in the area of Commercial Litigation by American Lawyer Media in conjunction with Martindale Hubbell.

Bar Admissions

• California

Education

• University of San Diego School of Law

Significant Accomplishments

California Supreme Court

• Jarrow Formulas, Inc. v. LaMarche 31 Cal.4th 728 (2003)
• Temple Community Hospital v. Superior Court 20 Cal.4th 464 (1999)
• Cedars-Sinai Medical Center v. Superior Court 18 Cal.4th 1 (1998)

California Court of Appeal

• R.E. Loans, LLC v. Investors Warranty of America, Inc. 212 Cal.App.4th 1432 (2013)
• Doppes v. Bentley Motors, Inc. 174 Cal.App.4th 967 (2009)
• Cohn v. Corinthian Colleges, Inc./Angels Baseball LP 169 Cal.App.4th 523 (2008)

United States Court of Appeals

• California Scents, Inc. v. Surco Products, Inc. 406 F.3d 1102 (9th Cir. 2005)
• Daubert v. Merrell Dow Pharmaceuticals Inc. 951 F.2d 1128 (9th Cir. 1991)
• Brock v. Merrell Dow Pharmaceuticals, Inc. 874 F.2d 307 (5th Cir. 1989)

New York

• Hymowitz v. Eli Lilly & Co. 73 N.Y. 2d.487, 541 N.Y. S.2d 941 (1989)

• Buchalter COVID-19 Client Alert: San Francisco Moves to Lowest COVID Tier in California, Begins Process of Reopening Non-Essential Offices; Other Bay Area Counties Slower to Follow

  By Robert M. Dato |November 2020

Additional Articles

• To Make (or Not Make) a Frivolous Argument: What if It Turns Out Not to Be Frivolous?
• Ethically Speaking-Today’s Lesson: Don’t Conspire Against Your Lawyer
• March 2018 Ethically Speaking – Potential Perils of “Litigating on the Courthouse Steps”