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 is recognized by both Chambers USA and Chambers Global as one of the top trial lawyers globally, having been ranked in Band 1 in both categories. Chambers USA calls him “heavyweight litigator for the full range of commercial and criminal trials” and highlights client feedback that he is "among the best to handle big-ticket litigation.” Mr. Brian was named one of 18 Lawyers of the Decade in California by the Daily Journal (2021). He is also one of only three individuals in California to receive the designation of “Star Individual” by Chambers in category of General Commercial Litigation. In 2015-2016, he was named a “Litigator of the Year” by The American Lawyer, a “Winning Litigator” by The National Law Journal, and a California Lawyer Attorney of the Year for his victory on behalf of Transocean, an MDL litigation arising from a massive oil spill in the Gulf of Mexico. In 2013, Best Lawyers named Mr. Brian “Lawyer of the Year” for Bet-the-Company Litigation. For 20 consecutive years, Mr. Brian has been named to the Daily Journal’s “Top 100” list of lawyers in California. In 2019, Mr. Brian was named one of the Los Angeles Business Journal’s “Top 500 Most Influential People in Los Angeles.”
Mr. Brian has represented numerous Fortune 500 corporations 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 in more than 40 lawsuits filed under the False Claims Act, and has handled some of the largest criminal investigations in the country. Mr. Brian is the co-editor of Internal Corporate 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.
Mr. Brian has been extremely active in the community throughout his professional life. He has served as the President of the Legal Aid Foundation of Los Angeles, Chair of the RAND Institute for Civil Justice’s Board of Overseers, Chair of the American Bar Association Section of Litigation, and Vice-Chair of the Joffrey Ballet. He has received the Maynard Toll Award from the Legal Aid Foundation for outstanding public service, as well as the prestigious Learned Hand Award from the American Jewish Committee.
In 1977, Mr. Brian graduated magna cum laude from 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 1977-1978 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 Ninth 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.