Bryan H. Heckenlively is a partner in the San Francisco office of Munger, Tolles & Olson. He focuses his practice on complex civil litigation, with a particular emphasis on privacy and data security issues and class actions. He has been recognized as a Rising Star by Northern California Super Lawyers.
In 2015, Mr. Heckenlively served as lead trial counsel for The Regents of 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. After a seven-day trial, a Los Angeles jury rejected the plaintiff’s claim for more than $1.25 million in damages.
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:
- 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.
- 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.
- HTC in obtaining dismissals of putative class actions involving the Evo 4G smartphone and the Google Phone, alleging unfair competition, false advertising and warranty claims.
In addition to these trial court results, Mr. Heckenlively counsels clients on privacy and data security issues and 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 public interest organizations, he represented Native American students suing the federal government to obtain access to education. He also represents 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. In addition, he teaches a trial advocacy course at Berkeley Law.
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.