Brad Brian is a national trial lawyer at Munger, Tolles & Olson. A complex civil and criminal litigator, Mr. Brian is a Fellow in the American College of Trial Lawyers and the International Academy of Trial Lawyers. He has been identified by Chambers USA as one of the top 19 trial lawyers in the country. In January 2013, Best Lawyers named Mr. Brian "Lawyer of the Year" for Bet-the-Company Litigation. For more than a decade, Mr. Brian has been named to the Daily Journal’s “Top 100” list of lawyers in California.
Mr. Brian has represented numerous Fortune 500 corporations and in their most challenging, high-profile lawsuits and government investigations. This work has included multi-billion dollar trials; DOJ, SEC and/or NASD investigations for alleged securities, environmental, government contracts, public corruption, Foreign Corrupt Practices Act or other violations; and conducting more than 100 internal corporate investigations. Mr. Brian has made dozens of presentations to corporate Boards of Directors in connection with these representations. He also has defended companies against more than 40 lawsuits filed under the qui tam provisions of the False Claims Act. He is also the co-editor of Internal Corporate Investigations (ABA, 3d Ed., 2003).
Mr. Brian is widely considered a “lawyer’s lawyer,” having represented a number of the largest law firms in the country in legal malpractice and malicious prosecution matters, including three victories at trial. He has also represented lawyers in criminal investigations of alleged false statements, false loan applications, obstruction of justice, and alleged violations of the Foreign Corrupt Practices Act. Mr. Brian has developed substantial expertise in the areas of attorney-client privilege and attorney work product. His article, “The Importance of a Plan in Litigation,” was published in the 2013 edition of U.S. News & World Report’s Best Lawyers.
Mr. Brian has been extremely active in the community throughout his professional life. He has served as the President of the Legal aid Foundation of Los Angeles, Chair of RAND’s Institute for Civil Justice, Chair of the American Bar Association Section of Litigation, and Vice-Chair of the Joffrey Ballet. He has received the Maynard Toll Award from the Legal Aid Foundation for outstanding public service, as well as the prestigious Learned Hand Award from the American Jewish Committee.
In 1977, Mr. Brian graduated magna cum laude from the Harvard Law School, where he served as the managing editor of the Harvard Law Review. Following graduation from law school, Mr. Brian served as law clerk to the Honorable John J. Gibbons of the United States Court of Appeals for the Third Circuit during the 1977-78 term. From 1978 to 1981, Mr. Brian was an assistant U.S. attorney in Los Angeles, where he tried many criminal cases in U.S. District Court and argued numerous appeals before the U. S. Court of Appeals for the Ninth Circuit.
Mr. Brian graduated with great distinction in 1974 from the University of California at Berkeley, where he was one of two recipients of the Robert Gordon & Ida Sproul award for the most outstanding contribution to the university. Mr. Brian was a member of the United States All Star Baseball team playing in the World Amateur Games in 1972. While playing varsity baseball for Berkeley, he earned three Varsity baseball letters, was Team Captain in 1973, was voted Most Valuable Player in 1974, was selected First Team All-Pac 8 (Southern Division) and Second Team Academic All-American in 1974, and was awarded an NCAA Post-Graduate Scholarship.
- Transocean, a drilling company, as lead trial counsel in civil and criminal litigation arising from the April 20, 2010 oil spill in the Gulf of Mexico. This case was named one of the “most fascinating big business cases of 2014” by American Lawyer.
- DoubleLine Capital and certain of its founders, including its CEO Jeffrey Gundlach, as lead trial counsel in winning a $66.7 million jury verdict in favor of Gundlach against his former employer, Trust Co. of the West (TCW), on his cross-complaint. TCW originally brought suit against Mr. Gundlach and his company, DoubleLine Capital, claiming breach of fiduciary duty, trade secret theft and tortious interference in connection with a large scale departure of employees to DoubleLine Capital after Mr. Gundlach was fired. The jury awarded no damages on TCW's complaint against DoubleLine Capital and the individual defendants.
- Boeing in its successful defense against $7 billion breach of contract, fraud and tortious interference claims brought by ICO Global Communications Holdings related to construction and launch of 12 satellites for a telecommunications network.
- Rhonda Byrne in a copyright suit challenging the Australian author's copyrights to “The Secret,” Simon & Schuster’s all-time best-seller. Mr. Brian was hired as lead trial counsel just six weeks before trial and successfully convinced a Chicago federal jury to reject all claims.
- Lead trial counsel in a 10-week trial against the former Chairman of Columbia Savings & Loan. Mr. Brian obtained a judgment of acquittal or defense jury verdict on all 45 criminal counts. An editorial in The Wall Street Journal at the time said Mr. Brian’s closing argument brought people in the courtroom to tears. Mr. Brian’s trial win was named by the National Law Journal as one of the 10 big trial victories that year.
- Lead trial counsel in three trial victories for national law firms accused of legal malpractice or malicious prosecution.
Public and Community Involvement
- American Bar Association, Section of Litigation, Chair (2005-06), Head of pro bono program to train Sudanese lawyers to represent victims of genocide before International Criminal Court (2006-07)
- RAND Civil Justice Institute, Board of Directors (current), past Chair (2010-2011)
- Best Lawyers in America, Board of Advisors (current)
- University of California, Berkeley, Foundation – Member of the Board of Trustees (current)
- Cal Baseball Foundation – Board Member, Co-Chair of Capital Campaign
- Los Angeles Chapter of the Federal Bar Association, past President
- Central District of California attorney delegates to the Ninth Circuit Judicial Conference, past Chair
- Legal Aid Foundation, former Board of Directors member and past President, current Co-Chair of Capital Campaign
- Western Justice Center Foundation, former Board of Directors member
- Pro Se Panel for the United States District Court in Los Angeles, founder and former Chair
- Indigent Defense Panel for the United States District Court in Los Angeles, former member
- Teaching trial advocacy at the University of Southern California Law Center, Harvard Law School’s trial advocacy program, and the National Institute for Trial Advocacy
- Internal Corporate Investigations (ABA, 3d Ed., 2003), Co-editor
- Joffrey Ballet, Board of Directors and former Vice Chair
- Los Angeles County Music Center, Board of Directors, former member and Chair of Dance Committee
Honors, Awards and Recognition
- Recipient, Learned Hand Award, the highest honor the AJC bestows on members of the legal profession
- Recipient, Maynard Toll Award for Distinguished Public Service, presented by the Legal Aid Foundation of Los Angeles
- Fellow, American College of Trial Lawyers
- Fellow, International Academy of Trial Lawyers
- Named among Top 100 most influential attorneys in California by the Daily Journal for more than a decade
- Received the highest rankings in California, for commercial litigation as well as white collar and government investigations by Chambers USA
- Recognized among the top five commercial litigators in the state by California Lawyer
- Identified by The National Law Journal for having among the top 10 trial victories in the United States
- Listed in Best Lawyers in five separate categories including business litigation, criminal defense, legal malpractice and bet-the-company cases
- Fellow, Berkeley Fellows (inducted 2015)