University of Rochester (BA - Double Major in History and Comparative Literature)

• Magna cum laude

• Phi Beta Kappa

Harvard Law School (JD)

• Cum laude

Jarboe v. Hanlees Auto Group (2020) 53 Cal. App. 5th 539, review denied (Dec. 9, 2020) —(prevailing on appeal in putative wage and hour class and representative PAGA action; affirming denial of motion to compel arbitration for individual and class claims against non-signatories to mandatory arbitration agreement and holding that trial court did not abuse its discretion in denying stay of PAGA claim pending arbitration of individual claims against signatory).

Swain v. LaserAway Med. Grp., Inc., 57 Cal. App. 5th 59, 270 Cal. Rptr. 3d 786 (2020), as modified (Nov. 3, 2020) (prevailing on appeal in consumer case; affirming denial of motion to compel arbitration because mandatory arbitration agreement was procedurally and substantively unconscionable).

Samsky v. State Farm Mut. Auto. Ins. Co., 37 Cal. App. 5th 517, 519 (2019), as modified on denial of reh'g (July 23, 2019), review denied (Sept. 11, 2019) (prevailing on appeal in personal injury matter; reversing decision to deny plaintiff’s post-trial motion for an award of costs of proving matters defendant insurance company denied in requests for admission; matter later settled).

Parker v. Willmark Communities, Inc., No. D069466, 2017 WL 4707398 (Cal. Ct. App. Oct. 20, 2017) (prevailing on appeal on behalf of putative class of apartment complex tenants; dismissing apartment owner’s appeal of interlocutory order enjoining improper settlement communications with putative class members and holding that such an order is non-appealable; matter later settled).

Faith No More v. Manifesto Records, Inc., No. B271323, 2017 WL 1231387 (Cal. Ct. App. Apr. 4, 2017) (prevailing on appeal in music industry intentional interference with contractual relations matter; affirming denial of record company’s anti-SLAPP motion and finding that band’s claims were not preempted by the Copyright Act and that the band satisfied its burden to show a probability of prevailing; matter later settled).

Krisko v. Marvel Entm't, LLC, 473 F. Supp. 3d 288 (S.D.N.Y. 2020) (obtaining full dismissal of copyright infringement claims against theme song composer).

Brian has also served as class counsel in several successful wage and hour class and representative PAGA actions, obtaining millions of dollars on behalf of California workers.

State Bar of California

State Bar of New York

Southern, Central, and Northern Districts of California

Ninth Circuit

Raines v. U.S. Healthworks Med Grp., 15 Cal.5th 268 (2023)

Gantner v. PG&E, 26 F.4th 1085 (9th Cir. 2022)

Jarboe v. Hanlees Auto Group (2020) 53 Cal. App. 5th 539, review denied (Dec. 9, 2020)

Swain v. LaserAway Med. Grp., Inc., 57 Cal. App. 5th 59, 270 Cal. Rptr. 3d 786 (2020), as modified (Nov. 3, 2020)

Samsky v. State Farm Mut. Auto. Ins. Co., 37 Cal. App. 5th 517, 519 (2019), as modified on denial of reh'g (July 23, 2019), review denied (Sept. 11, 2019)

Krisko v. Marvel Entm't, LLC, 473 F. Supp. 3d 288 (S.D.N.Y. 2020)

Is All Fair in Pop Art and Celebrity Photography (Part II)? In Which the Justices Turn to Economics to Level the Playing Field for Human Creatives, New Matter, Fall 2023.

Is All Fair in Pop Art and Celebrity Photography? U.S. Supreme Court Set to Rule on Fair Use Doctrine Amidst Technological Sea Change in Art and Creativity, New Matter, Summer 2023.

Dostoevsky v. The Judicial Reforms of 1864: How and Why One of Nineteenth-Century Russia's Greatest Writers Criticized the Nation's Most Successful Reform, (Vol. II, Issue IV, 2014)

Dornton v. Gallop (2011), The Greenbag (Winter 2012)