Brian Berggren

Brian Berggren's practice is focused on complex commercial litigation, internal investigations, and white collar defense. He has represented clients in a broad range of industries, including medical devices, telecommunications, pharmaceutical, financial services, and real estate.

Mr. Berggren has a wealth of complex litigation experience, with an emphasis on trade secret disputes, securities litigation, and class action defense. He has managed all aspects of litigation from case inception through trial, including conducting motion practice, supervising fact and expert discovery, taking and defending depositions, and examining witnesses at trial. Most recently, Mr. Berggren served as trial counsel for a global data and analytics company in a two-week confidential arbitration involving the theft of trade secrets and misuse of confidential information. During the arbitration, Mr. Berggren conducted the direct examination of his client's main technical expert and two key fact witnesses as well as the cross-examination of the opposing party's main expert witness.

Prior to joining Hueston Hennigan LLP, Mr. Berggren was a litigation associate at Irell & Manella LLP in Los Angeles and Newport Beach, where he focused on complex business litigation and white collar defense.

In addition to his legal practice, Mr. Berggren is an active member of legal and civic organizations that help underserved populations. He currently serves as a member of the Hispanic Bar Association of Orange County and on the Board of Directors for the Legal Aid Society of Orange County. Mr. Berggren is also deeply committed to increasing diversity in the legal profession. To that end, Mr. Berggren serves as a panelist and mentor for the Sponsors for Educational Opportunity (SEO) Law Program and UC Irvine School of Law's Pre-Law Outreach Program, pipeline initiatives dedicated to empowering college and incoming law students from underrepresented and low-income backgrounds to attend law school, establish legal careers, and use their legal skills to give back to their communities.

LITIGATION EXPERIENCE

  • T-Mobile v. Huawei: Representing T-Mobile in a trade secrets lawsuit against Chinese smartphone maker Huawei Technologies, alleging that the manufacturer stole T‑Mobile's trade secrets and confidential information relating to its state-of-the-art robotics testing system.
  • Confidential Arbitration: Trial counsel for a global data and analytics company in a two‑week arbitration hearing concerning the misuse of proprietary information and trade secrets by another financial services company. After the hearing, the arbitrator concluded that the financial services company misused our client's confidential information and awarded damages.
  • Glaukos Corporation: Secured temporary restraining order under the Defend Trade Secrets Act barring former employee from using or disclosing stolen trade secrets and confidential information. Negotiated an independent forensic examination of the former employee's computer, phone, personal email account, and storage devices — at the expense of the former employee — shortly after filing the complaint.
  • In re Amgen Inc. Securities Litigation: Represented Amgen Inc., the world's largest biopharmaceutical company, in a national securities fraud class action alleging misstatements and omissions related to several of Amgen's most important drugs.
  • Transcend Medical, Inc. v. Glaukos Corporation: Part of a team brought in three months before trial to defend against a claim of inequitable conduct in a complex patent matter in Delaware federal court. The case settled three days before trial on favorable terms for our client.
  • Spears v. First American eAppraiseIT: Represented a real estate services company after a California federal court certified a nationwide class action with alleged damages exceeding $150 million. Shortly after Mr. Berggren helped secure bifurcation of damages and class membership determinations from the liability question, the case settled for less than $10 million, including less than 20 percent of plaintiffs' actual attorneys' fees.
  • FDIC v. CoreLogic Valuation Services, LLC: Defended a real estate services company in a complex breach of contract suit brought by the Federal Deposit Insurance Corporation in its capacity as receiver for a failed financial institution. The FDIC alleged damages exceeding $100 million. After the defendant, in a related case, settled with the FDIC for $30 million, Mr. Berggren helped obtain a favorable $12 million settlement for the client.
  • Countrywide Mortgage-Backed Securities Litigation: Represented the former CEO and chairman of Countrywide Financial Corporation in a series of securities fraud cases over mortgage-backed securities, helping to secure dismissals of the vast majority of the cases at the pleading stage with a novel statute of limitations argument.

INTERNAL INVESTIGATIONS AND WHITE COLLAR DEFENSE

  • Medical Equipment Company: Representing Fortune 500 medical device manufacturer in criminal investigation concerning alleged violations of the Food, Drug & Cosmetic Act, including allegations of knowingly manufacturing adulterated and misbranded medical devices, and violations of the FDA's Good Manufacturing Practices.

  • Board Chairman of Financial Services Company: Secured declination letter from the Securities and Exchange Commission after a multi-year investigation into alleged fraud in the sale of securities at a high-profile investment fund.
  • Investment Advisor: Represented investment advisor in connection with a Securities and Exchange Commission investigation into third-party investment funds. No action was taken against the investment advisor.
  • Consumer Debt Management Company: Managed a complex, four-month investigation into alleged Telephone Consumer Protection Act (TCPA) and Fair Debt Collection Practices Act (FDCPA) violations at a consumer debt management company. Interviewed key employees and senior executives, collected and reviewed internal company policies, procedures, and records, and prepared findings for the company's board.
  • Wireless Communications Company: Managed a sensitive investigation into a potential dispute regarding misuse of the company's technology by a competitor. Interviewed numerous employees to determine whether certain individuals had inadvertently disclosed trade secret and confidential information during the joint R&D projects. After the closure of the investigation, developed new policies and procedures to better protect trade secret and confidential information at the company.