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    3. Aaron Brian

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    1. Home
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    3. Aaron Brian

      People

    Aaron Brian

    Counsel


    • Los Angeles
    • Office+1 213.629.6033
    • abrian@nixonpeabody.com

    I'm a 2024 Nixon Peabody Pro Bono Champion.Read more about our Pro Bono program

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    • LinkedIn Profile

    Introduction

    Aaron Brian is an experienced litigator whose approach to solving disputes, as well as his client base, is a mix of art and science. Aaron counsels artists, collectors, and institutions in the authenticity, provenance, purchase, and inheritance of art; and with our healthcare team, he advises hospitals and healthcare providers through high-stakes disputes. Aaron’s passion for history and innate ability to identify patterns within mountains of information is the cornerstone of his practice and approach to resolving complex litigation.

    Practice Areas

    LitigationHealthcare Dispute ResolutionMuseums & FoundationsComplex DisputesIntellectual PropertyCybersecurity & Privacy

    Industries

    ConsumerArts & Cultural InstitutionsHealthcare

    /My focus

    Litigation

    I am, first and foremost, a trial attorney. My practice is about 80% litigation and arbitration and about 20% consulting and transactional work. I was in court a week after becoming an attorney, and trial work in state and federal courts has remained a focus for me ever since. I am also actively involved in state and federal court appeals across the country and work closely with clients to develop a successful appellate strategy. Two cases I tried in the Central District of California recently went before the U.S. Supreme Court due to key legal questions involving copyright registrations and choice of law determinations.

    Working at Nixon Peabody is fantastic, as I am able to bring my litigation experience and skill set into specific industries that dominate Los Angeles, including healthcare, fashion, intellectual property, and fine art. I have the great fortune of working on interesting cases, many with complex and novel legal issues, for incredible clients, including hospitals, medical practice groups, museums, art collectors, foreign governments and institutions, clothing companies, and artists.

    Fine Art

    I represent a number of significant art collectors, museums and institutions, artists, and foreign governments in disputes, including the ownership, provenance, and authenticity of high-value artworks. Our clients also rely on our trusted advice concerning the valuation and purchase or sale of fine art and contractual arrangements with auction houses and galleries.

    Healthcare

    A significant part of my practice focuses on advising hospitals, healthcare providers, and risk-bearing organizations in complex disputes, including payor-provider disputes, reimbursement claims, and untangling failed partnerships. I have experience representing clients from this industry in arbitration, state, and federal court.

    Intellectual Property – Fashion and Entertainment

    Los Angeles has an incredible collection of individuals and companies pursuing their dreams in fashion and entertainment, and the fruits of their labor are the intellectual property they create. Our clients include individuals and companies across the spectrum, from writers and designers working out of their apartments to the largest fashion retailers in the world. I work closely with these clients to protect and monetize their IP rights, including litigation when necessary to resolve disputes over ownership, infringement, licensing, misappropriation, and even theft of IP.

    /Representative experience

    • Won a federal jury trial resulting in transfer of trademark and significant money judgment for a healthcare supplement company
    • Successfully represented risk-bearing organization in arbitration dispute over payment for unauthorized services
    • Successfully represented healthcare software company in dispute over development of next-generation product
    • Won a federal bench trial for foreign museum concerning ownership of a painting; the U.S. Supreme Court heard this case in January 2022
    • Successfully represented art collector in claim against art dealership for unlawful use of client’s funds
    • Obtained dismissal of suit against U.S. museum concerning the ownership of a painting
    • Co-chaired federal copyright trial on behalf of large clothing retailer that dealt with numerous novel issues and resulted in significant post-trial relief; the U.S. Supreme Court heard this case in November 2021
    • Obtained complete dismissal of copyright action against large clothing retailer
    • Obtained summary judgment on behalf of Fortune 100 client in products liability claim
    • Helped client to successfully unlock cryptocurrency account to access and recover $540 thousand
    • Obtained favorable resolution of claim for breach of contract for university client that was complicated by Department of Education regulations
    • Obtained complete dismissal of claim for unfair trade practices, unfair competition, and antitrust violation against jewelry designer

    /Insights

    • Moderator, “The Appraisal,” Virtual Art Law & Litigation Conference, April 29, 2021
    • Panelist, “Modern Day ADR,” State Bar of California, March 23, 2017, Webinar

    /In the news

    • University of Oregon School of Law | JUNE 2024

      Mastering the art of lawyering: Aaron Brian, JD ’98

      This article profiles Los Angeles Privacy and Technology counsel Aaron Brian and features an interview on insights he’s gained throughout his legal career, from an externship with the Portland Trail Blazers’ legal team while at Oregon Law to advocating for clients in significant cases at NP.
      June 30, 2024
    • Rochester Democrat & Chronicle

      Rochester trial to decide ownership of million-dollar painting

      This article covers a trial over the ownership of Egon Schiele’s “Portrait of the Artist’s Wife” water-colored drawing. Thaddeus Stauber, Arts & Cultural Institutions team leader and Los Angeles Privacy & Technology partner, is quoted from the closing arguments and mentioned for representing the Robert Owen Lehman Foundation. The NP team also includes Rochester Complex Disputes senior counsel Carolyn Nussbaum, counsel Aaron Brian, and associate Zachary Osinski, both of the Los Angeles office.

      June 4, 2024
    • The Art Newspaper

      Nixon Peabody wins appeal for Museum of Fine Arts, Houston; Fifth Circuit affirms dismissal based on Act of State doctrine

      The Art Newspaper reported on a unanimous appeals court decision that definitively resolved the ownership of a painting by Bernardo Bellotto, “The Marketplace at Pirna,” which has been part of the Museum of Fine Arts Houston’s collection since 1961. This latest ruling is the third to reject the plaintiffs’ claim in this matter. The NP team representing the museum was led by Thaddeus Stauber, Arts & Cultural Institutions team leader and Privacy & Technology partner, and Privacy & Technology counsel Aaron Brian, and included Complex Disputes associate Brock Seraphin and practice assistant Heidi Gutierrez.

      June 3, 2024
    • The Messenger

      The Notorious B.I.G.’s Estate settles lawsuit over merch featuring rapper and the Twin Towers

      Los Angeles Intellectual Property partner Staci Trager, co-leader of the firm’s IP Fashion & Apparel team, is quoted in the following article on the successful resolution of a trademark and right of publicity dispute between the Estate of the Notorious B.I.G. and late photographer Chi Modu. In addition to Staci, the NP team representing the Estate of the Notorious B.I.G. included Privacy & Technology counsel Aaron Brian and Intellectual Property associate Mark Zhai, both of the LA office.

      Jan 21, 2024
    • Billboard

      Notorious B.I.G. Estate settles lawsuit against famed photographer over World Trade Center image

      Los Angeles Intellectual Property partner Staci Trager, co-leader of the firm’s IP Fashion & Apparel team, is quoted in the following article on the successful resolution of a trademark and right of publicity dispute between the Estate of the Notorious B.I.G. and late photographer Chi Modu. In addition to Staci, the NP team representing the Estate of the Notorious B.I.G. included Privacy & Technology counsel Aaron Brian and Intellectual Property associate Mark Zhai, both of the LA office.

      Jan 19, 2024
    • Law360 |

      H&M again asks Supreme Court to review copyright loss

      This article covers a petition by client H&M asking the US Supreme Court to review a Ninth Circuit decision finding that Unicolors Inc. had a valid copyright for certain fabric patterns. The story quotes Los Angeles Intellectual Property partner and Fashion practice leader Staci Trager from an April 21 statement, noting that the Ninth Circuit’s recent decision diverged from a newly stated Supreme Court rule. In addition to Staci, the article mentions Labor & Employment senior counsel Dale Hudson and Intellectual Property counsel Aaron Brian, both of the Los Angeles office, for representing H&M.

      April 21, 2023
    • Law360

      Justices eye tossing H&M copyright case for question swap

      This article covers Monday’s argument before the U.S. Supreme Court on behalf of client H&M Hennes & Mauritz, LP in a five-year-long copyright dispute between the fashion retailer and textile manufacturer Unicolors, Inc. The outcome could have a significant and lasting impact on copyright holders as well as alleged infringers by determining what consequences a registrant faces when it fails to provide accurate information on its copyright application. The article mentions Intellectual Property partner and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian, and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office, for representing H&M.
      Nov 8, 2021
    • The National Law Journal

      A quiet US Supreme Court term ahead for IP—with one potential explosion

      This article covering high-profile IP cases in the U.S. Supreme Court’s upcoming term includes a case involving client H&M Hennes & Mauritz, LP and allegations of fabric design copyright infringement by textile company Unicolors. The NP team representing H&M includes Intellectual Property partner and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian, and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
      Sep 29, 2021
    • Law360

      Electronics company says ‘rushed’ JAMS award should get axed

      Litigation Department vice-chair Staci Riordan and counsel Aaron Brian, both of the Intellectual Property group in Los Angeles, are mentioned in this article for representing Indian electronics company SFO Technologies Private Ltd. in its recent request to vacate a JAMS award. The matter relates to SFO’s complaint against the former owners of California-based Qual-Pro Corp. in 2019, alleging the concealment of debts during an acquisition process and of falsely claiming that test equipment was ready to be capitalized and could be considered an asset.
      July 8, 2021
    • Courthouse News Service

      H&M sweater spat heads to High Court

      The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
      June 1, 2021
    • Reuters

      SCOTUS to review H&M's 9th Circuit win in copyright dispute

      The following article covers the U.S. Supreme Court’ s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
      June 1, 2021
    • Bloomberg Law

      High Court to consider intent bar in H&M copyright escape

      The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
      June 1, 2021
    • Law360

      Supreme Court agrees to hear H&M copyright case

      The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
      June 1, 2021
    • Reuters Legal

      IN BRIEF: Unicolors' copyright win against H&M unravels in 9th Circuit

      The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.
      June 1, 2020
    • Law360

      9th Circ. Says Suit Against H&M Hinges On Copyright Validity

      This article mentions Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles, for representing H&M in a dispute involving allegations of fabric design copyright infringement. The NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth District to reverse the trial court’s decision.
      May 29, 2020
    • The Recorder

      H&M Gets Another Shot at Challenging Validity of Pattern Copyright

      The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.
      May 29, 2020
    • Bloomberg Law

      H&M Gets Fabric Design Copyright Infringement Verdict Overturned

      The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.
      May 29, 2020
    • To Live and Law in LA

      Season 2, Episode 6: Season 2 mailbag

      Los Angeles attorneys Aaron Brian, Shannon Egan, Neal Gauger and Jade Turner-Bond take listener questions in this week’s episode of To Live and Law in LA. Among the topics: The future of the Supreme Court, and whether it’s better to own a dragon or be a dragon.
      Nov 28, 2018
    • S2 E2: Inside an immigrant detainee camp

      S2 E2: Inside an immigrant detainee camp

      In this week’s episode of the podcast, associate Neal Gauger talks about his efforts volunteering with the ACLU inside a federal prison outside Los Angeles, where he and others sought to help asylum seekers being held in inhumane conditions. This episode is hosted by counsel Aaron Brian and associates Jade Turner-Bond and Shannon Egan.
      Oct 24, 2018
    • Law360

      H&M, Unicolors face off on Day 1 of fabric copyright trial

      Los Angeles IP counseling and transactions partner Staci Jennifer Riordan and counsel Aaron Brian are mentioned in this article about a copyright infringement trial in LA for representing clothing retailer H&M.
      Dec 5, 2017

    /Admitted to practice

    California
    Oregon
    U.S. District Court, Northern District of California
    U.S. District Court, Eastern District of California
    U.S. District Court, Central District of California
    U.S. District Court, Southern District of California
    U.S. District Court, District of Oregon
    U.S. Court of Appeals, Ninth Circuit
    U.S. Supreme Court
    U.S. Court of Appeals, Fifth Circuit
    U.S. Court of Appeals, District of Columbia Circuit

    /Education

    Oregon State University, B.S.
    University of Oregon School of Law, J.D.

    Insights And Happenings

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    • Press Release

      Nixon Peabody advises the Estate of the Notorious B.I.G. in settling yearslong IP case

      Jan 18, 2024
    • Press Release

      Nixon Peabody statement on Unicolors, Inc v. H&M Hennes & Mauritz, LP

      Feb 24, 2022
    • Article

      U.S. Supreme Court to consider fabric design copyright case

      Nov 1, 2021
    View All

    Professionals in the Practice Area

    View All
    • Anthony Barron

      Partner / Chair, Litigation Department
      • San Francisco
      • Office:+1 415.984.8309
      • abarron@nixonpeabody.com
      Anthony Barron
    • Tara E. Daub

      Partner
      • Long Island
      • Office:+1 516.832.7613
      • tdaub@nixonpeabody.com
      Tara E. Daub
    • Robert Fisher

      Partner / Practice Group Leader, Government Investigations & White Collar Defense
      • Boston
      • Office:+1 617.345.1335
      • rfisher@nixonpeabody.com
      Robert Fisher
    • Jenny L. Holmes

      Partner / Deputy Leader, Cybersecurity & Privacy
      • Rochester
      • Office:+1 585.263.1494
      • jholmes@nixonpeabody.com
      Jenny L. Holmes
    • John Ruskusky

      Partner / Practice Group Leader, Complex Disputes
      • Chicago
      • Office:+1 312.977.4460
        Mobile:+1 708.606.8720
      • jtruskusky@nixonpeabody.com
      John Ruskusky
    View All

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