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Brad D. Brian

By Eli Wolfe | Sep. 20, 2017

Sep. 20, 2017

Brad D. Brian

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Munger, Tolles & Olson LLP

Brian always takes special care in preparing for cross-examinations, rereading depositions a dozen times before facing a witness on the stand.

This methodical preparation proved to be a critical asset in a five-week trial representing his client Fortress Investment Group, which was sued for $200 million by a life settlement hedge fund called HM Ruby.

The fund claimed that Fortress had reneged on a promise to extend its additional credit and misappropriated its proprietary business information. Brian chipped away several of HM Ruby’s claims on summary judgment, with a final judgment dismissing the remaining claims in January. Himelsein Mandel Fund Management LLC et al. v. Fortress Investment Group LLC et al., BC495595 (L.A. Super. Ct., filed Nov. 13, 2012).

“The cross-exam was the key to that case,” Brian said.

Brian’s next bench trial in Napoleonville, Louisiana has been delayed by hurricanes raging through the Gulf of Mexico. When it does begin he will be in court defending a chemical company that was sued along with several other defendants after a salt brine operation allegedly triggered the collapse of an underground salt dome cavern.

The collapse produced a multi-acre sinkhole, forcing the evacuation of hundreds of nearby residents. Leblanc v. Texas Brine Co. LLC et al., CV12-2059 (E.D. La., filed Aug. 10, 2012).

“We think it’s all Texas Brine’s fault,” Brian said, adding that his client purchased the operation and was essentially left holding the bag. As an aside, he noted that it will be both fun and challenging orchestrating a complex trial in a small Louisiana town far from home.

Out of court, Brian played an integral role helping to launch and co-chair the $15 million capital campaign for the Legal Aid Foundation of Los Angeles. The agency’s new headquarters, expected to open in the fall of 2017, will be named the Ron Olson Justice Center in honor of Munger, Tolles & Olson’s name partner.

Despite his extensive track record of trials in the last two years, Brian said he’s proudest of the campaign.

“One of the most important things we can do as lawyers is give back to our communities, and in particular, make sure legal services are provided for people in need,” he said. “It’s important for lawyers to step up and support that.”

— Eli Wolfe

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