Brad Schneider is Of Counsel in the Los Angeles office of Munger, Tolles & Olson. His practice focuses on bankruptcy and commercial litigation. Mr. Schneider has a broad range of litigation and trial experience, having represented clients in major contract, bankruptcy, telecommunications, False Claims Act and other matters in state and federal court throughout the country, as well as arbitration proceedings before AAA and JAMS. Most recently, Mr. Schneider was a member of a trial team that successfully defended a major pharmaceutical company in a two-week AAA arbitration where plaintiff sought more than $100 million for an alleged breach of a “co-promotion” agreement for a highly successful drug. Mr. Schneider’s contributions at trial included cross-examining the plaintiff’s key expert witness, and taking the direct testimony from two of his client’s principal fact witnesses.
Other Significant Representations include:
- Wells Fargo Bank, N.A. against plaintiffs who alleged that Wells Fargo’s securities lending program made improper investments of cash collateral. Following a six-week trial in the United States District Court for the District of Minnesota, the jury returned a verdict for Wells Fargo on all counts.
- Warner Bros. in litigation with Charlie Sheen arising from Mr. Sheen’s termination from the series “Two and a Half Men.” Mr. Schneider took the lead in drafting Warner Bros.’s successful motion to compel arbitration and opposition to Mr. Sheen’s motion to enjoin the arbitration proceedings. The case settled shortly after the Los Angeles Superior Court granted Warner Bros.’ motion to compel arbitration, including the arbitration of Mr. Sheen’s defenses to the enforcement of his arbitration clause.
- Adelphia Communications Corp. against Motorola in a case arising from Motorola’s alleged aiding and abetting of fraudulent accounting practices at Adelphia. Mr. Schneider was part of the Munger Tolles team that tried the case in U.S. Bankruptcy Court for the Southern District of New York and, in a post-trial settlement, obtained a $68 million recovery for Adelphia’s estate.
- Hancock Park Capital II, L.P. and certain other defendants in an adversary proceeding brought by the Chapter 7 Trustee of Fitness Holdings International, Inc. Mr. Schneider substantially drafted and then argued before the bankruptcy a motion to dismiss the trustee’s claims for recharacterization, fraudulent transfer, and breach of fiduciary duty. The bankruptcy court’s order granting defendants’ motion to dismiss was affirmed by the district court.
- Covington & Burling LLP in a lawsuit filed by the liquidating debtor, Heller Ehrman LLP. The case involved allegations concerning 14 former Heller IP litigators who joined Covington in 2008. In addition, Heller asserted claims relating to California’s so-called “Jewel” doctrine. Under a settlement reached in July 2011, Heller agreed to retract all claims of wrongdoing against Covington and the former shareholders, who paid nothing for the release of these claims. Covington settled the Jewel claims on extremely favorable terms.
- Frank and Lorenzo Fertitta in the bankruptcy proceedings of Station Casinos Inc. and its affiliated debtors in successfully opposing (along with the debtor and other secured creditors) a motion by the Unsecured Creditors Committee to obtain standing to bring claims arising from Station’s 2008 leveraged buyout.
- A medical device manufacturer in seeking to estimate claims asserted against it by a rival firm after the firm obtained a jury verdict that forced the client into Chapter 11 bankruptcy. The estimation proceedings culminated in a settlement that set the stage for the client’s successful emergence from bankruptcy.
- The former independent directors of IndyMac Bancorp, Inc. and IndyMac Bank, F.S.B. in an adversary proceeding pending in U.S. Bankruptcy Court for the Central District of California.
- Abbott Laboratories Annuity Retirement Trust in fraudulent transfer litigation arising from the Tribune Company’s leveraged buyout.
Mr. Schneider joined Munger Tolles in 2005 following a clerkship with Judge Arthur Alarcòn of the Ninth U.S. Circuit Court of Appeals. He graduated first in his class from UCLA School of Law, where he was an editor of the Law Review and was awarded the American Bankruptcy Institute Medal of Excellence and the Barry Russell Award for Excellence in Federal Courts. Mr. Schneider graduated summa cum laude and Phi Beta Kappa from the UC San Diego, where he was awarded the Seymour Harris Award as the most outstanding student in economics.