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Brad D. Brian

| Jan. 25, 2023

Jan. 25, 2023

Brad D. Brian

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Munger, Tolles & Olson LLP

Brad D. Brian

Los Angeles-In addition to being chair of his law firm, Brad D. Brian is well-known as a highly successful commercial litigator for major companies and executives. He also handles important criminal cases for some of those same clients.

At the moment, he is representing PG&E in Shasta County Superior Court against more than two dozen criminal charges - from air contamination to four counts of manslaughter - over the Zogg wildfire in the fall of 2020. The preliminary hearing, which was scheduled to begin Jan. 18, could last five or six weeks and include 70 or more witnesses.

He has represented the Northern California utility in fire litigation and criminal actions since 2017. Last March, he and PG&E's general counsel reached agreements with district attorneys in five counties to not pursue criminal charges in exchange for $55 million paid over five years.

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On the civil side, he may well be in trial late this year in a huge case brought by California's civil rights agency accusing his client Activision of rampant sexual harassment. California Civil Rights Department v. Activision Blizzard Inc ., 21STCV26571 (L.A. Super. Ct., filed July 20, 2021).

Brian said his practice tends to be roughly half civil and half criminal work. "For 30 years, I've been able to maintain a mix of both criminal and civil," he said. "I try to keep a good balance, and I've been very happy with it."

He tried his first major criminal case as a relatively young Munger Tolles partner in December 1994 when he won an acquittal for the former CEO of failed Columbia Savings & Loan on charges of looting millions from the thrift. Now, Brian is representing the same man, successful real estate mogul Tom Spiegel, in a civil suit brought by the estate of Tony Hsieh over property the Zappos founder purchased from him.

Brian did not try any of the toxic tort litigation against medical-sterilization company Sterigenics, but earlier this month, he settled about 900 of the cases for the Sotera Health subsidiary for more than $400 million. "I was privileged to work very closely with Sotera Health's in-house lawyers to negotiate a settlement," he said.

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Last fall, he also brought in a $67.5 million settlement for UCLA in its lawsuit against Under Armour for canceling a deal to design and supply Bruins team apparel and footwear. The Regents v. Under Armour Inc., 20SMCV01205 (L.A. Super. Ct., filed Sept. 2, 2020).

A pro bono matter he is handling now is a civil suit about the criminal justice system in Los Angeles. He is part of a team bringing a class action challenging the requirement for pre-arraignment bail in all cases. Defendants who are unable to pay go to jail.

"I have a varied practice," Brian said.

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