Brian’s expertise extends to civil and criminal cartel defense. He was a key member of the team that won summary judgment for Samsung after eight years of litigation in multi-district and class action proceedings, defeating antitrust conspiracy claims seeking more than $1 billion in actual damages and $3 billion in trebled damages. American Lawyer selected that victory as a finalist for its “Global Litigation/Dispute Resolution of the Year” award in 2018.
More recently, Brian served as the principal drafter of multiple successful motions to dismiss class-action antitrust conspiracy claims alleging that Samsung and other manufacturers of Dynamic Random-Access Memory conspired to restrict output. The case is now on appeal to the U.S. Court of Appeals for the Ninth Circuit; Brian drafted the defendants’ joint answering brief.
Brian also successfully defended Bitcoin.com and software developers in a case of first impression involving the application of the Sherman Act to the cryptocurrency industry. Brian briefed and argued two rounds of motions to dismiss, and helped to persuade the court to dismiss the case with prejudice. The plaintiff declined to take an appeal to the U.S. Court of Appeals for the Eleventh Circuit.
Brian is currently defending a former senior executive of a multinational poultry supplier against price-fixing and bid-rigging allegations in a criminal trial pending in the U.S. District Court for the District of Colorado.
Prior to joining O’Melveny, Brian served in the White House from 2010 through 2012 and at the Office of the US Trade Representative from 2012 through 2013.