Bryan H. Heckenlively is a partner in the San Francisco office of Munger, Tolles & Olson. He focuses his practice on complex civil litigation and trials, with a particular emphasis on privacy and data security issues. He has been recognized multiple times as a Rising Star by Northern California Super Lawyers.
Mr. Heckenlively served as lead trial counsel for the University of California in winning a jury verdict in favor of UCLA Health System, which had been accused of negligently releasing medical records in violation of California’s Confidentiality of Medical Information Act.
In 2017, as lead trial counsel for Morgan Stanley, he obtained a unanimous award requiring a former employee to repay an outstanding promissory note in full, plus interest and attorneys’ fees, and rejecting $9 million in counterclaims.
Mr. Heckenlively also played a key role in obtaining a complete defense victory against a certified class following a nearly-three month arbitration hearing. The Daily Journal recognized that result as a Top Verdict of 2015.
Other recent representations include:
- University of California in:
- a high-profile First Amendment lawsuit alleging unlawful discrimination against conservative speech at UC Berkeley;
- litigation arising from violent protests on the UC Berkeley campus in February, 2017; and
- persuading a federal court to abstain from interfering with sexual-harassment disciplinary proceedings against the former Dean of the UC Berkeley School of Law.
- ESPN and Disney Interactive in obtaining dismissals with prejudice in two putative class actions involving the WatchESPN and Disney apps for the Roku device and alleging violations of the Video Privacy Protection Act. The Ninth Circuit recently affirmed the decision in the ESPN case in a precedential opinion.
- HTC in nationwide class actions alleging that the installation and use of Carrier IQ software on smartphone devices violates the federal Wiretap Act, Stored Communications Act, Computer Fraud and Abuse Act and other laws. The court dismissed key claims against HTC following a motion to dismiss.
- A biotechnology company in obtaining a favorable settlement of a major dispute with a large biopharmaceutical company related to development and commercialization of an oncology drug.
In addition to these trial court results, Mr. Heckenlively counsels clients on privacy and data security issues and First Amendment obligations, and he speaks and writes regularly on those topics. He also has experience handling a variety of appellate matters in state and federal court. He has argued in the U.S. Court of Appeals for the Ninth Circuit and filed numerous briefs in that court and others.
Mr. Heckenlively is committed to pro bono work and community organizations. Along with several organizations, he represents Native American students in a highly publicized case against the federal government seeking to obtain access to education. He has also represented public health organizations opposing a Florida law preventing physicians from discussing firearm safety with their patients. Mr. Heckenlively serves on the board of directors for the Bay Area Lawyer Chapter of the American Constitution Society, the Leadership Council for the Justice & Diversity Center of the Bar Association of San Francisco, and the Advisory Board of the East Bay Community Law Center. He is involved with the trial advocacy program at Berkeley Law and has taught as a lecturer there.
Before joining Munger Tolles, Mr. Heckenlively served as a law clerk to Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the D.C. Circuit and to Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas.