Brian P. Brosnahan represents both plaintiffs and defendants in complex commercial litigation, primarily in the areas of antitrust, unfair business practices, and insurance recovery. He has experience handling litigation and counseling engagements for clients in numerous fields, including the credit and debit card industries, pharmaceuticals, medical devices, printers/imagers, digital television, hydrogen fuel cells, agricultural products, and the gasoline and convenience retail industries. He represents policyholders in disputes concerning insurance coverage and unfair business practices.
Brian provides advice and litigation representation to companies facing extremely serious or “crisis” litigation threats, such as antitrust investigations by federal authorities and antitrust or unfair business practices class actions, including his representation of Visa in tying and monopolization litigation involving debit and credit cards, and his representation of Providian Financial Corporation in various federal and state unfair business practices class actions. Brian also represents clients facing severe tort exposures, where his experience in managing litigation and pursuing insurance carriers has proven invaluable in protecting his clients.
Brian clerked for the Honorable Eugene F. Lynch, United States District Court for the Northern District of California. He has been featured in the Daily Journal’s Top Defense Verdicts of 2011 for his representation of the Franciscan Friars. He has consistently been named a Northern California Super Lawyer as well as among The Best Lawyers in America. Brian is the former co-chair of the Financial Markets and Institutions Committee of the American Bar Association’s Section of Antitrust.
Brian regularly writes about antitrust, including being a contributing editor to "Antitrust Counterattack in Intellectual Property Litigation Handbook," (2nd Ed.), published by the ABA Antitrust Section, and "California Antitrust and Unfair Competition Law," (4th Ed.), published by the Antitrust and Unfair Competition Law Section of the State Bar of California.
Brian is a member of the San Francisco Superior Court's ADR Committee's Mandatory Settlement Conference Panel, and a board member of the St. Vincent de Paul Society of San Francisco.
- A golf course and resort owner in a summary judgment win against his insurer over property damage and business income losses after a wildfire destroyed his property.
- A class of life insurance policyholders of Life Insurance Company of the Southwest in a case involving fraud and unfair business practices relating to the sale of equity-indexed life insurance policies. Obtained partial summary judgment finding that the insurer had violated California’s statutes concerning life insurance illustrations.
- 500 gas station and convenience store owners in breach of warranty and good faith and fair dealing litigation against British Petroleum (BP). Won a verdict on basis that the Retalix point of sale and back office system that BP forced its franchises to use was not fit for ordinary purposes.
- Fuel cell maker Altergy Systems in securing a $58 million judgment against battery manufacturer EnerSys in a business tort and antitrust case. The case was tried to a three-arbitrator panel.
- The Franciscan Friars of California and Fr. Alexander Manville, who was falsely accused of sexually molesting two plaintiffs years before. After a five-week trial, the jury found that the alleged molestations never took place. Brian was recognized in the California Daily Journal’s Top Defense Verdicts of 2011 for the verdict.
- The County of Alameda, California in litigation against the City of Oakland, California arising out of the City’s decision to impose a parking tax on the Oakland Coliseum, which is jointly owned and operated as a joint venture by the City and the County.
- The owner of an international hedge fund in a dispute with his two partners who were diverting business opportunities and looting the company. Obtained a Mareva injunction in Hong Kong seizing the assets of the defendant partners and forcing the defendants to buy the client out on favorable terms.
- Visa in a five-month trial and successful appeal in a case alleging antitrust and unfair business practices theories involving pricing of currency conversion in credit card transactions.
- Nucal Foods in antitrust litigation involving alleged supply restriction in the egg industry.
- Washington Mutual Bank in obtaining the dismissal of price-fixing and unfair business practices claims concerning late and over limit credit card fees.
- Mylan Pharmaceuticals in litigation and settlement of antitrust claims relating to “authorized generics” and alleged manipulation of the Hatch-Waxman process.
- Varian Associates in litigation against 35 insurance carriers resulting in settlements and two successful trials seeking insurance coverage for environmental pollution liabilities.
- Sued 30 of the largest life insurers in the United States in lawsuits concerning unfair practices of charging premiums when the insurers were not on the risk. All of the cases resulted in either a successful settlement or a successful judgment after trial.