BrianHershman

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Los Angeles + 1.213.243.2445

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Brian Hershman is an experienced civil litigator and former federal prosecutor who has been lead trial counsel in more than a dozen state and federal trials that proceeded to verdict, maintaining an unblemished trial record.

Brian's recent experience includes prevailing in a jury trial for pharmaceutical company Celgene; prevailing in a bench trial for the Los Angeles Unified School District; prevailing in a jury trial for the Los Angeles County District Attorney's Office and former District Attorney Steve Cooley (recognized as a Top Ten Defense Verdict in 2012); prevailing in a bench trial for the County of Los Angeles in a dispute concerning the proper recording of reconveyances; obtaining summary judgment for the County of Los Angeles in a dispute concerning judicial compensation; and obtaining reversal of more than $1 billion in tax assessments against online travel companies.

Brian is a member of the board of directors of the Los Angeles Center for Law and Justice and is pro bono chair for the Los Angeles Office. In 2005, the Department of Justice awarded Brian the Director's Award for Superior Performance as an Assistant United States Attorney for his successful prosecution of United States v. Meredith, a 13-week federal trial resulting in guilty verdicts against all seven defendants. He also received the Federal Law Enforcement Officers Association's National Award of Investigative Excellence and the Prosecutorial Award for work in United States v. James Davis.

Experience

  • Celgene wins complete defense verdict in case filed by health insurer, Humana Inc., relating to off-label use of cancer medicationsOn March 2, 2023, Jones Day prevailed in a five-week jury trial on behalf of Celgene Corporation in a lawsuit brought by health insurance company Humana, Inc.
  • LAUSD secures trial victory in Los Angeles Superior Court against its insurersJones Day represents Los Angeles Unified School District ("LAUSD") in seeking insurance coverage from multiple insurers in connection with highly-publicized claims against LAUSD that it negligently hired, retained, and supervised a former teacher at Miramonte Elementary School, who allegedly abused students, and for which the School District paid more than $180 million to settle claims.
  • Los Angeles County and former District Attorney prevail at trial defeating claims brought by current and former District Attorneys alleging adverse employment action for their union participationJones Day successfully defended Los Angeles County and former District Attorney Steve Cooley in an employment discrimination case brought by former presidents of the Association of Deputy District Attorneys (ADDA), Steve Ipsen and Hyatt Seligman.
  • Expedia obtains ruling overturning City of San Diego's transient occupancy tax assessmentOn September 6, 2011, Expedia, Inc.; Hotels.com; and Hotwire, Inc. won an important victory when the Los Angeles Superior Court overturned an administrative hearing officer ruling and held that the Expedia Entities were wrongfully assessed transient occupancy tax ("TOT") by the City of San Diego.
  • Celgene resolves False Claims Act case related to alleged off-label promotion of Thalomid® and Revlimid®Jones Day represented Celgene Corporation in a False Claims Act lawsuit related to allegations that Celgene promoted the cancer treatment drugs Thalomid® and Revlimid® for off-label uses prior to their FDA approval for such uses, and paid kickbacks to physicians in order to get them to promote and prescribe those drugs.
  • Williams Power successfully defends proceedings arising from improperly assessed utility user taxesJones Day won a decisive victory for Williams Power Company, Inc. when Los Angeles Superior Court Judge Dzintra Janavs ruled that the City of Redondo Beach improperly assessed Williams for $56.7 million in utility user taxes ("UUT") for a period of 6 plus years from 1998-2004.
  • Los Angeles County wins judgment in dispute concerning proper recording of reconveyancesJones Day represented Los Angeles County as lead trial counsel in a dispute concerning proper recording of reconveyances.
  • Los Angeles County defeats third constitutional challenge to judicial benefitsJones Day represented Los Angeles County ("County") in a closely watched case challenging the constitutionality of the County's payment of so-called "local judicial benefits" to Los Angeles Superior Court judges.
  • Expedia, Hotels.com, and Hotwire secure series of victories in connection with occupancy tax in CaliforniaJones Day secured a series of victories on behalf of online travel companies Expedia, Inc., Hotels.com, and Hotwire LP (the "Expedia Entities") in connection with their ongoing transient occupancy tax ("TOT") litigation with various cities in California.
  • Los Angeles County prevails in taxpayer class action challenging County's utility user taxJones Day successfully defended Los Angeles County against a potential $200 million loss in two related taxpayer class actions—Oronoz v. County of Los Angeles and Owens v. County of Los Angeles.
  • Los Angeles County MTA obtains dismissal in meal and rest period class action suitJones Day represented Los Angeles County Metropolitan Transportation Authority in a putative wage and hour class action involving claims of failure to provide meal periods as required by the California Labor Code.
  • Los Angeles County MTA wins judgment in lawsuit challenging fare increase under the California Environmental Quality ActJones Day represented the Los Angeles County Metropolitan Transportation Authority (MTA) in a lawsuit challenging fare increases under the California Environmental Quality Act.
  • Chevron and Unocal successfully resolve antitrust class actions regarding reformulated gasolineJones Day defended Union Oil Company of California, together with parent corporations Unocal Corporation and Chevron Corporation, in 14 federal (MDL) and state court class actions, all of which were patterned after a March 2003 FTC administrative complaint (i.e., FTC Docket No. 9305).
  • Patrón Spirits obtains summary judgment in defense of executive compensation claims brought by former officer and directorJones Day represented Patrón Spirits International AG and its majority shareholder, John Paul DeJoria, in a case against a former president and director of the company.
  • Financial services company defeats putative nationwide racketeering class actionJones Day represented a financial services company in a putative nationwide federal racketeering class action.
  • Pakistani immigrant gains permanent restraining order against abusive ex-husbandJones Day Los Angeles represented a 23-year-old Pakistani woman, who was a victim of verbal and physical abuse by her husband over the course of two years following an arranged marriage in Pakistan.
  • Los Angeles County settles lawsuit relating to Glendale Metrolink derailmentJones Day was successful in obtaining partial summary judgment on behalf of Los Angeles County and Los Angeles Sheriff's Department in a declaratory relief action relating to the Glendale Metrolink derailment.
  • Online travel companies prevail in challenge to improperly assessed transient occupancy taxJones Day handled the appeal on behalf of Expedia, Inc.
  • Jones Day secures $137,696 restitution award in human trafficking and forced labor pro bono matterJones Day was recently retained in a pro bono matter referred by Bet Tzedek to represent three victims of human trafficking and forced labor.
  • Tenants secure settlement payment in lawsuit alleging fraudulent transfer of property and landlord misconductJones Day secured a settlement payment on behalf of two pro bono clients in connection with a Los Angeles Superior Court lawsuit filed against the clients' former landlords and their daughter.
  • Domestic violence survivor prevails in bench trial and obtains restraining order against abusive ex-boyfriendAfter a five-day bench trial before the Hon. Charles Clay (LASC), Jones Day secured a five-year domestic violence restraining order against the ex-boyfriend of a pro bono client referred from the Los Angeles Center for Law and Justice, a nonprofit with a focus on domestic violence.
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    October 2023 White Paper

    Considerations for Addressing DOJ's Corporate Compliance Guidance on Mobile Devices and Messaging Platforms

    January 2023 Commentary

    DOJ Criminal Division Announces Revisions to its Corporate Enforcement Policy

    November 2022 White Paper

    Conducting an Effective Internal Investigation: An Overview

    November 2021 Commentary

    DOJ Announces Policy Changes and Additional Resources Focused on White-Collar Enforcement

    December 2020 White Paper

    Criminal Jury Trials in a Global Pandemic: Safeguarding the Constitutional Rights of the Accused

    October 2020 Commentary

    California Passes Legislation to Create Mini-CFPB

    January 2020 Alert

    California’s Proposal to Create Mini-CFPB

    September 2018 Commentary

    Ninth Circuit Clarifies Import of Escobar in False Claims Act Litigation

    November 2017 Commentary

    Third Circuit Confirms Government Knowledge Can Defeat Scienter and Materiality Requirements for False Claims Act Liability

    March 2015 Commentary

    Revisiting My Brother's Keeper: Latest Learning and Best Practices on Dealings with Third Parties under the FCPA
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    Speaking Engagements

    • 2018-2019
      Instructor, Deposition Workshop, Loyola Law School
    • November 3, 2016
      Qui Tam - A Closer Look at Healthcare Fraud & More; Calculation Challenges in Healthcare Fraud
    • 2008
      Conducting Effective Cross-Examination, Bet Tzedek
    • 2007
      Direct Examination and Witness Preparation, Bet Tzedek
    • 2006
      Meet the Chiefs, Federal Bar Association, White Collar Crime Sub-committee
    • 2005
      Putting the Trial Back in Trial Lawyer, Federal Bar Association
    • 2005
      Protecting Confidential Sources, California First Amendment Coalition

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