Representative Cases

Many of the cases described here were litigated by Procel Levine attorneys before joining Procel Levine. In some cases, other attorneys were involved as well.

Class Actions/ Mass actions

  • Obtained a favorable settlement on behalf of Union Bank in a $250 million nationwide federal class action against Kirkland & Ellis. This case involved one of the largest Ponzi schemes in history at that time.

  • Represented plaintiffs in a groundbreaking consumer fraud class action against Thomas Jefferson School of Law—the first case against a law school for misrepresenting its employment statistics to prospective students. The lawsuit led to the ABA and U.S. News changing the requirements for the reporting of data. Thomas Jefferson ultimately lost its law school accreditation. 

  • Defeated class certification and secured a dismissal with prejudice on behalf of Natrol, Inc., a multinational nutraceutical company, in a false advertising action relating to “Carb Intercept” dietary supplements.

  • Defeated class certification and secured a dismissal with prejudice in federal court on behalf of Natrol, where the plaintiffs alleged that Natrol defrauded consumers in the advertising of its “L-Arginine” dietary supplements.

  • Represented Nextel in a nationwide consumer fraud class action involving early termination fees.

  • Represented Nextel in multi-party consumer fraud class actions in the complex division of state courts.

  • Currently representing a national fitness company in defense of nationwide class and mass actions involving data privacy with exposure exceeding $100 million

Real Estate

  • Prevailed after a four-month trial on behalf of LMRK, a publicly-traded real estate firm. The plaintiff claimed he was entitled to the profits of a $100 million technology deal. Brian substituted into the case after two years of unsuccessful litigation. He ultimately obtained a complete defense ruling on all claims.

  • Prevailed at trial on behalf of SunCal, one of the largest real estate developers in the United States. Brian secured an award of $6.3 million in lost profits and interest, even though SunCal had only nominal out of pocket damages due to one of the worst real estate recessions in recent history.

  • Obtained a multi-million dollar fraud judgment on behalf of New Zealand-based real estate fund, successfully navigated properties through receivership, and recovered attorney’s fees for his client.

Fraud

  • Prevailed at trial and was awarded $24.3 million on behalf of the plaintiffs in connection with complex life insurance scheme involving an attorney-client trust account. After a three-week trial, the jury ultimately found for Plaintiffs on all claims and awarded punitive damages.

  • Prevailed at trial on behalf of Bank of the West where the plaintiff sought more than $20 million in damages for consumer fraud. Brian substituted into the case after several years of unsuccessful litigation. He ultimately obtained a complete defense ruling as to all claims and recovered attorney’s fees for his client.

  • Won a unanimous jury verdict on behalf of East West Bank in a multi-party lender liability action where the plaintiffs were represented by Quinn Emanuel. Brian substituted into the case for purposes of expert discovery and trial. The plaintiffs alleged that East West Bank engaged in a sophisticated consumer fraud scam. This case was recognized by the Daily Journal as one of the “Top 10 Defense Verdicts” of the year. Brian also recovered attorney’s fees on behalf of his client.

  • Represented liquidation trust against more than a dozen law firms and attorneys seeking more than $1 billion in damages relating to their alleged involvement in a Ponzi scheme.

  • Prevailed on behalf of Bank of the West in a lender liability action. Brian substituted into the case after the lender was found liable on 10 causes of action, including fraud. Brian successfully appealed the underlying ruling, had the judgment vacated, and obtained a ruling ordering a new trial.

  • Obtained summary judgment on behalf of East West Bank in a $50 million lender liability/fraud action, and recovered attorney’s fees for his client.

  • Currently representing four senior executives against a hedge fund in Chicago seeking $100 million in compensatory damages relating to a complicated forced stock sale.

  • Obtained a multi-million dollar settlement on behalf of an India-based plaintiff in an international accounting malpractice action.

White Collar Defense, Government Investigations Defense, and Internal Investigations 

  • Won pre-litigation dismissal of Justice Department investigation into major media executive accused of antitrust violation. 

  • Represented Asia’s largest aluminum extrusion company against federal criminal investigation into product dumping and avoiding tariffs. 

  • Achieved favorable settlement of SEC case against Bank of California. 

  • Achieved favorable settlement for officers and directors of First Centennial Bank in civil action by FDIC. 

  • Completed internal investigation for major bank ahead of schedule and under budget. 

  • Won administrative law trial against Cal OSHA for Sears Roebuck.

  • Won favorable resolution of novel complaint by Department of Justice alleging ADA violations on website of H&R Block. 

Pre-Litigation Counseling 

  • Guided Proctor and Gamble on compliance with Foreign Corrupt Practices Act. 

  • Advised Bank of America on compliance with multi-language loan disclosure requirements. 

  • Counseled leading video game company on awarding in-app prizes in compliance with gambling statutes of multiple countries. 

Government

  • Obtained summary judgment on behalf of the County of Los Angeles in connection with a taxpayer lawsuit involving a $64 million spending program. The plaintiff alleged that the County failed to comply with the technical transparency requirements of the Brown Act. The order granting summary judgment was affirmed on appeal.

  • Obtained summary judgment on behalf of the County of Los Angeles in a closely watched retaliation lawsuit filed by former County Counsel against the Board of Supervisors.

  • Successfully settled the Katie A. class action, which resolved a consent decree involving the County of Los Angeles’ $1 billion per year foster care system, the largest in the country. Brian led the County’s legal team at more than two dozen settlement conferences and mediations. Brian ultimately negotiated and reached compromises on all aspects of the County’s complex foster care system, which no one had been successful in accomplishing in 20 years.

  • Obtained judgment on the pleadings and dismissal on behalf of the County of Los Angeles relating to a taxpayer challenge of Measure A, a voter-approved initiative to raise $94 million per year for local parks.

Breach of Fiduciary Duty

  • Prevailed at trial on all claims on behalf of the trustee of the Spencer Tracy estate, even though it was undisputed that Brian’s client owed fiduciary duties.

  • Successfully resolved multiple cases pending in probate court, civil court and arbitration surrounding an alleged breach of trust where the plaintiffs sought more than $80 million in damages.

Entertainment and
Intellectual Property 

  • Successfully represented music and television artists including Rod Stewart, Nicole “Snooki” Polizzi, Bret Michaels and Meat Loaf.

  • Successfully resolved bet-the-company trademark action in federal court, achieving all of client litigation objectives.

  • Secured a dismissal with prejudice on behalf of notable producer Merv Adelson in a breach of contract action involving the production of a popular television series, and recovered attorney’s fees for his client.

  • Obtained a favorable settlement on behalf of Mattel, Inc. in a trademark misappropriation action.

Employment

  • Resolved class action by store workers alleging wage and hour claims against Staples.

  • Won large increase in severance for laid off advertising executive. 

  • Successfully resolved numerous wage and hour class actions on behalf of the defendants.

  • Counseled technology clients on employee termination compliant with California law.

Election Law

  • Won new voter district lines to increase minority representation on Coachella Valley Water District Board. 

  • Won suit against California Department of Motor Vehicles representing League of Women Voters of California, ACCE Institute, California Common Cause, and the National Council of La Raza that led to enfranchising approximately 10 million new voters. 

Appeals

  • Won published opinion in California Court of Appeals enjoining petitioner from approaching shoppers at client’s mall. 

  • Represented prominent attorney, Terry Christensen, in federal criminal appeal. 

  • Won appeal concerning unlawful search and seizure at Ninth Circuit Court of Appeals.

Significant Pro Bono Victories 

  • Settled federal lawsuits on favorable terms against two of the largest medical insurance carriers in the United States on behalf of a pro bono client with HIV who was being denied coverage.

  • Successfully resolved HIV discrimination action on behalf of pro bono with HIV who was discriminated against by McDonald’s.

  • Prepared amicus curiae brief in coordination with ACLU in action involving deportation of minors.

Commercial Litigation

  • Successfully resolved four related lawsuits on behalf of a medical group surrounding a $100 million acquisition of a subsidiary.

  • Obtained a multi-million dollar settlement on behalf of the plaintiff in a legal malpractice action.

  • Successfully resolved multiple lawsuits concerning $40 million investment in Coffee Bean franchise.

  • Obtained a multi-million dollar settlement on behalf of a pharmacy conglomerate. Brian successfully argued that the burden of proof should be shifted onto the defendant for purposes of trial. The case settled quickly thereafter on terms very favorable for Brian’s client.

  • Successfully resolved claims on behalf of IBM in a case involving technical specifications of computer contracts.