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. Mr. Brian is the co-editor of the highly regarded book on Internal Corporation 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.
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 9th 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.
- Alphatec Holdings, a medical device company, as lead trial counsel in a Los Angeles Superior Court case involving claims that Surgiview, a French company that was acquired by Alphatec years after the events at issue, paid less than fair market value when it bought certain assets of another French company, Eurosurgical S.A., in May 2006 and that Surgiview also interfered with certain contractual rights of OrthoTec. Mr. Brian was hired on the eve of trial, persuaded the judge to grant a directed verdict on OrthoTec’s claims for punitive damages, and after a one-month trial, ultimately negotiated a global settlement on all of OrthoTec’s claims against all defendants.
- A national law firm in obtaining a defense judgment for this law firm after a five-week trial and, after that judgment was reversed on appeal, negotiated a complete settlement of a long-running malicious prosecution lawsuit brought against the law firm.
- Richard Berger as lead trial counsel for the former CEO of Craig Electronics in a two-month federal criminal trial that resulted in a hung jury on most counts but conviction on some.
Additional Key Representations
- Bank of America in its role as disbursement agent against a group of mezzanine lenders bringing breach of contract claims related to the bankruptcy of the Fontainebleau Las Vegas hotel. Mr. Brian was retained to try the matter after an appellate court reversed a grant of summary judgment and remanded the matter for trial later this year in Las Vegas, Nev.
- LG Display in its defense against a class action antitrust case stemming from allegations of price-fixing among manufacturers of display panels.
- NaturEner, a major wind farm operator, in a dispute with San Diego Gas & Electric (SDG&E) involving a deal to build a wind farm, which included an agreement by SDG&E to invest $285 million into the project. There are parallel suits being litigated in Montana and San Diego.
- KB Home in class action lawsuits alleging violations of the RICO Act and California’s Unfair Competition Law arising from the 2006-2007 housing bubble burst.
- Major corporations and individuals in criminal investigations and in defense criminal charges.
- Dozens of major internal investigations in FCPA, securities, environmental, government contracting and bribery.