Chambers 2026 Shortlist: U.S. Commercial Litigation Boutique of the Year, U.S. White Collar Boutique of the Year

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Author: Kristy Werness

UC Regents Hire Hueston Hennigan for Investigation

The Hueston Hennigan team, led by Managing Partner Brian Hennigan, and Ret. Justice Moreno, now at JAMS, were retained after State Auditor Elaine M. Howle determined that Napolitano’s office had amassed $175 million in unaccounted for budget funds over four fiscal years.

Hueston Hennigan has particular expertise in the area of governmental investigations. In April, the San Diego Association of Governments (SanDag) hired the firm to conduct an independent examination of an inaccurate revenue forecast.  Hueston Hennigan has also conducted internal investigations for the City of Santa Monica and the County of San Bernardino.

Measure R Victory Affirmed on Appeal

The ordinance, known as “Measure R,” required voter approval of all development projects in Malibu larger than 20,000 square feet and imposed stringent restrictions on formula retail establishments. Backed by actor Rob Reiner, the measure had been described by the New York Times as “one of the most stringent anti-development measures ever attempted in the country.”

In December 2015, Hueston Hennigan secured a lower court judgment declaring Measure R invalid under the California Constitution and state land use law.

A panel of California’s Second District Court of Appeal affirmed that judgment in full. The Court wrote in a unanimous opinion “that Measure R exceeds the initiative power and is illegal.” The Court agreed with Hueston Hennigan’s arguments that the measure’s voter approval requirements unlawfully limit the administrative land use authority of city agencies, and that the formula retail restrictions improperly condition use permits on the identity of a retail establishment rather than the use of property.

The Hueston Hennigan team included Marshall Camp, Padraic Foran and Leanne Vanecek.

Additional news coverage:

L.A. Times
L.A. Business Journal

Prior case coverage:

L.A. Times
New York Times

Seven Hueston Hennigan Attorneys Named 2017 Rising Stars

According to Super Lawyers: The annual selections are made using a process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

Candidates are evaluated on 12 indicators of peer recognition and professional achievement including representative clients, pro bono and community service, verdicts/transactions and outstanding achievements.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country.

Hueston Hennigan Secures Trial Win for Electronic Arts

The plaintiff, Direct Technologies, claimed that it was a joint author of a USB flash drive in the shape of the “PlumBob,” an iconic green jewel associated with The Sims video game franchise. Direct Technologies sought to recover a share of Electronic Arts’ profits from the Collector’s Edition of The Sims 3, with which the USB flash drive was distributed. After deliberating for just over an hour, the jury rejected Direct Technologies’ claimed copyright interest and awarded it no damages.

The Court had earlier granted Electronic Arts’ motion for summary judgment on a trade secret misappropriation claim that was also asserted by Direct Technologies. That ruling was affirmed last fall on appeal to the Ninth Circuit.

Electronic Arts was represented by Robert Klieger and Rajan Trehan.

Hueston Hennigan Wins Putative Class Action Dismissal

In her complaint filed earlier this year, Plaintiff Min Sook Shin brought 9 state and federal claims related to 15 of Umeken’s products, even though she had not purchased 13 of them. In her suit, Shin alleged, among other things, that Umeken, whose U.S. headquarters is in Cerritos, had engaged in false and misleading advertising and that the products constituted unlawful new drugs that had not been approved by the FDA.

Judge Cormac Carney sided with Umeken, ruling that Shin lacked Article III standing to pursue claims against the 13 products she did not purchase since they were not similar enough to ones she had purchased. Judge Carney also found that plaintiff’s claims that Umeken’s products constituted unlawful drugs and needed labeling beyond the FDA’s requirements for dietary supplements was preempted by the federal Food Drug and Cosmetic Act, and thus dismissed them with prejudice. He also dismissed plaintiff’s request for injunctive relief with prejudice, finding she lacked standing to pursue the claim as well.

Following those claim-specific rulings, the Court went on to dismiss the entire remainder of Shin’s complaint. While Judge Carney granted leave to amend on the remaining claims, he notably challenged plaintiff to see if it could file “coherent Complaint asserting viable claims.”

“We are thrilled that the Court issued this significant and broad ruling dismissing this plaintiff’s class action complaint, and that it did so almost entirely with prejudice,” said lead counsel for Umeken. “In its order, the Court also made several important rulings on the issues of federal preemption and Article III standing that we think will have a positive impact for defendants in other large class actions.”

Umeken is represented by John Hueston.

Brian Hennigan Receives 20th AV Preeminent Rating

For the 20th consecutive year, Managing Partner Brian Hennigan has received an AV Preeminent rating by Martindale-Hubbell. The AV Preeminent designation is reserved for fewer than 8 percent of attorneys nationwide, and it is widely regarded as the gold standard of attorney ratings, factoring into account both legal ability and ethical standards. The award, issued since 1887, is a designation of excellence recognized by the legal field worldwide.  (more…)

Chambers 2017: Hueston Hennigan a “Powerhouse”

John Hueston and Brian Hennigan, who have both been repeatedly ranked as Band 1 attorneys, were again named “Leaders in their Field.” A distinction based on their “technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by the client.”

Mr. Hueston’s peers labeled him “one of the very best,” remarking on his “absolutely incredible” trial skills and the ability to anticipate “every challenge and possible weakness,” in cases.

Clients turn to Mr. Hennigan for his “wealth of experience across all aspects of enforcement and investigation work,” Chambers wrote, adding that peers commend his “real trial expertise and particular understanding of how the government looks at things.”

Since opening its doors in 2015, Hueston Hennigan has been ranked as a national Top 10 Boutique by Benchmark Litigation, named by Law360 as one of five top national trial boutiques, and one of California’s top boutiques by the Los Angeles Daily Journal. The firm’s clients include T-Mobile, Amazon.com, SpaceX, Tesla, Western Digital, the Navajo Nation, Amgen, Sumner Redstone, the University of California, Walt Disney, GlaxoSmithKline, PricewaterhouseCoopers and many others.

London-based Chambers and Partners, is one of the World’s preeminent directories of law firms and lawyers, producing annual guides after months of objective and in-depth research.

Western Digital takes Toshiba Dispute to International Chamber of Commerce

The arbitration demand seeks an order requiring Toshiba to undo the purported transfer to an affiliate, and injunctive relief preventing Toshiba from further breaching the JV agreements. Per the provisions of the JV agreements, the arbitration will take place in San Francisco, California.

In a statement , Western Digital chief executive officer Steve Milligan said “Joint ventures are inherently intimate commercial relationships, and in order to protect against being forced into such a relationship with parties not of their choosing, SanDisk and Toshiba agreed to protect their interests in the joint ventures by prohibiting transfers without the consent of the other party. Toshiba’s attempt to spin out its joint venture interests into an affiliate and then sell that affiliate is explicitly prohibited without SanDisk’s consent.”

Seeking relief through mandatory arbitration was a last resort after multiple attempts to work with Toshiba, according to Milligan. “However, all of our other efforts to achieve a resolution to date have been unsuccessful, and so we believe legal action is now a necessary next step. We are confident in our ability to protect our rights and interests and to improve our value creation opportunities.”

Representing Western Digital are John Hueston, Douglas Dixon, Leanne Vanecek, and John Scheerer.

Robert Klieger Featured in The Hollywood Reporter’s Top 100 Power Lawyers

Mr. Klieger continues to represent Mr. Redstone in connection with all of his personal and business legal matters, including several derivative lawsuits filed by shareholders of Viacom and CBS in the Delaware Court of Chancery and a high-profile lawsuit that Mr. Redstone filed in Los Angeles County Superior Court in October 2016 against two former girlfriends, who he maintains absconded with more than $150 million in cash and stock.