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    1. Home
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    3. Aaron BrianPeople
    1. Home
    2. People
    3. Aaron BrianPeople

    Aaron Brian

    Counsel


    • Los Angeles
    • Office213.629.6033
    • abrian@nixonpeabody.com
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    Introduction

    Aaron Brian is counsel in the Litigation Department of Nixon Peabody. With over 20 years of experience, Mr. Brian’s practice covers a diverse and exciting variety of matters for clients in healthcare, fine art, and fashion. Mr. Brian uses his extensive trial and courtroom experience to provide clients with practical solutions to challenging legal problems.

    Practice Areas

    LitigationComplex DisputesIntellectual PropertyHealthcare Dispute Resolution

    Industries

    FashionEntertainmentCannabis

    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.

    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.

    Fine Art

    A unique aspect of my practice is my work in the art world. We 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.

    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.

    Insights

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

    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

    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

    Education

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

    Recognition

    • Recommended in The Legal 500 United States 2022 editorial for Industry focus—Dispute resolution - Product liability, mass tort and class action: toxic tort - defense

    In the News

    • 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
    • ARTnews

      Prized Camille Pissarro painting can stay at Madrid’s Thyssen-Bornemisza Collection, U.S. Court of Appeals rules

      This article discusses a Ninth Circuit Court of Appeals ruling that unanimously affirms that NP’s Spanish client, the Thyssen-Bornemisza Collection Foundation, is the rightful owner of a prominent artwork by Impressionist painter Camille Pissarro. The article quotes Los Angeles Complex Commercial Disputes partner and Arts & Cultural Institutions team leader Thaddeus Stauber on the decision. The NP team also includes Complex Commercial Disputes partner Sarah Andre, Intellectual Property counsel Aaron Brian, and Labor & Employment associate Irene Scholl-Tatevosyan, all of Los Angeles.
      Aug 20, 2020
    • Artnet News

      A Spanish Museum Can Keep a Looted Camille Pissarro Painting, an Appeals Court Rules

      This article discusses a Ninth Circuit Court of Appeals ruling that unanimously affirms that NP’s Spanish client, the Thyssen-Bornemisza Collection Foundation, is the rightful owner of a prominent artwork by Impressionist painter Camille Pissarro. The article quotes Los Angeles Complex Commercial Disputes partner and Arts & Cultural Institutions team leader Thaddeus Stauber on the decision. The NP team also includes Complex Commercial Disputes partner Sarah Andre, Intellectual Property counsel Aaron Brian, and Labor & Employment associate Irene Scholl-Tatevosyan, all of Los Angeles. Click here to read the article.
      Aug 18, 2020
    • 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
    • Bloomberg

      Spanish museum can keep Nazi-looted masterpiece, judge rules

      In the following media coverage, Los Angeles Complex Commercial Disputes partner Thad Stauber is quoted on Tuesday’s federal court ruling that found the Madrid-based Thyssen-Bornemisza Collection Foundation is the rightful owner of a Camille Pissarro painting.  Thad and Los Angeles partner Sarah André, counsel Aaron Brian, and associate Irene Scholl-Tatevosyan represented the Foundation in this matter.
      April 30, 2019
    • American Lawyer

      In Long-running dispute over Nazi-looted masterpiece, judge reluctantly rules against heirs

      In the following media coverage, Los Angeles Complex Commercial Disputes partner Thad Stauber is quoted on Tuesday’s federal court ruling that found the Madrid-based Thyssen-Bornemisza Collection Foundation is the rightful owner of a Camille Pissarro painting.  Thad and Los Angeles partner Sarah André, counsel Aaron Brian, and associate Irene Scholl-Tatevosyan represented the Foundation in this matter.
      April 30, 2019
    • 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

    Insights And Happenings

    View All
    • Article

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

      Nov 1, 2021
    • Alert

      Social media companies have a boring but effective weapon in defeating copyright claims — well-drafted “terms of use” agreements

      April 22, 2020
    • Alert

      Court in the Eastern District of NY weighs in on battle between paparazzi and celebrities over Instagram posts—sort of

      July 26, 2019
    View All

    Professionals in the Practice Area

    View All
    • Anthony Barron

      Partner / Chair, Litigation Department
      • San Francisco
      • Office:415.984.8309
      • abarron@nixonpeabody.com
      Anthony Barron
    • Kimberly Harding

      Partner / Deputy Leader, Litigation Department
      Leader, Labor Relations Team
      • Rochester
      • Office:585.263.1037
      • kharding@nixonpeabody.com
      Kimberly Harding
    • John Ruskusky

      Partner / Practice Group Leader, Complex Disputes / Leader, Medical Device, Pharmaceuticals and Diagnostic Health
      • Chicago
      • Office:312.977.4460
        Mobile:708.606.8720
      • jtruskusky@nixonpeabody.com
      John Ruskusky
    • Jeffrey S. Brenner

      Partner / Practice Group Leader, Construction & Real Estate Litigation
      • Providence
      • Office:401.454.1042
      • jbrenner@nixonpeabody.com
      Jeffrey S. Brenner
    • Daniel J. Hurteau

      Partner / Deputy Practice Group Leader, Complex Disputes
      • Albany
      • Office:518.427.2652
      • dhurteau@nixonpeabody.com
      Daniel J. Hurteau
    View All

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