Overview
Bryan H. Heckenlively handles the most challenging and complex commercial litigation facing clients in a range of industries, including higher education, technology, financial services and real estate.
He has successfully tried multiple cases to verdict as lead counsel and his trial and arbitration successes have been named “Top Verdict” of the year by the Daily Journal multiple times.
He is chair of the firm’s Recruiting Committee.
Capabilities
Experience
Higher Education
Bryan represents higher education clients in cutting-edge matters in areas ranging from academic affairs to athletics to healthcare. A go-to lawyer on litigation and non-litigation problems related to the First Amendment and federal civil rights laws, he has also handled numerous matters related to the evolving landscape of college athletics.
His notable matters include:
California State University system – Serving as lead counsel in nationally watched Title IX litigation related to an alleged transgender student-athlete on the San Jose State University women’s volleyball team. Bryan and a Munger Tolles team defeated an emergency preliminary injunction motion that sought to upend national rules allowing transgender student athletes to play.
Multiple higher education clients – Leading representations in Title VI litigation related to campus protests arising from the events in Israel and Gaza after October 7, 2023, allegations of antisemitism and confidential advisory matters and regulatory matters involving the U.S. Department of Education, Office of Civil Rights.
University of California – Winning a motion to dismiss for the university in a first-of-its kind litigation challenging the use of DEI contribution statements in faculty hiring as unconstitutional. This case has been covered in national publications including The New York Times and The Atlantic.
Ten universities departing the Pac-12 Conference – Represented Arizona, Arizona State, Cal, Colorado, Oregon, Stanford, UCLA, USC, Utah and Washington in litigation with the two remaining members and the Pac-12 related to athletic conference realignment, Pac-12 revenues and Pac-12 governance.
University of California – Serving as lead counsel for the university in litigation related to a proposed policy to provide campus employment to undocumented students.
UCLA Health System – Winning a jury verdict as lead trial counsel in favor of the health system, which had been accused of negligently releasing medical records in violation of California’s Confidentiality of Medical Information Act.
Commercial Litigation
Bryan litigates commercial and privacy disputes for clients in a range of industries, including higher education, financial services, real estate and technology. This work has included multidistrict litigation and class actions.
His key representations in this category include:
UCLA – Obtaining a $67 million settlement for UCLA as lead counsel in a dispute with Under Armour related to Under Armour’s attempt to cancel its record-setting sponsorship agreement with UCLA based on the claim that the COVID-19 pandemic was a force majeure.
Wells Fargo – Serving as lead trial counsel for Wells Fargo, in obtaining a unanimous jury verdict in a case alleging breach of contract and statutory privacy claims. The Daily Journal recognized that as a “Top Verdict of 2020.”
Stockbridge and Wilson Meany – Currently representing the developers in a commercial dispute with a former development partner related to the redevelopment of former Naval Station Treasure Island in San Francisco Bay.
Major fintech company – Currently serving as lead counsel in a novel dispute initiated by users who are attempting to use a blockchain-based entity to avoid their agreements to arbitrate.
Employment and Employee Mobility
Bryan also advises Fortune 500 and other companies on their most sensitive employment, employee mobility and trade secrets issues.
His representations in this area include:
Major financial institution – Serving as lead counsel in winning an arbitration in 2023 against a former employee asserting whistleblower retaliation and other claims related to his employment.
Morgan Stanley – Serving as lead counsel in obtaining a unanimous arbitration award requiring a former employee to repay an outstanding promissory note in full, plus interest and attorneys’ fees, and rejecting $9 million in counterclaims.
Major international contractor – Representing the contractor in obtaining a complete defense victory against a certified class following a nearly three-month arbitration hearing. The Daily Journal recognized that as a “Top Verdict of 2015.”
Multiple higher education clients – Winning dispositive motions for clients facing claims related to academic discipline, whistleblower retaliation, sexual harassment and sexual misconduct.
More
- “They’ve Got Next: The 40 Under 40,” Bloomberg Law, 2021
- Recognized on Top 40 Young Lawyers list, American Bar Association, for exemplifying “a broad range of high achievement, innovation, vision, leadership, and legal and community service,” 2018
- Rising Star by Super Lawyers every year since 2016
Bryan currently represents Native American students in a highly publicized case against the federal government seeking to obtain access to education. Public Counsel named Munger, Tolles & Olson the recipient of the 2023 Law Firm Pro Bono Award in recognition of the firm’s work on this case.
Bryan has also represented public health organizations in a First Amendment challenge to a Florida law preventing physicians from discussing firearm safety with their patients.
Bryan has served on the boards of a number of bar associations and legal services organizations in the San Francisco Bay Area.
Speaking engagements
- “Free Speech Under Scrutiny (Again!),” National Association of College and University Attorney (NACUA) annual conference, June 2024
