Current Employment Position(s)

Partner

Lawyer Overview

Brian Hershman is a trial lawyer focusing on civil litigation and white-collar criminal defense in state and federal courts. He has experience handling witnesses and defendants in state and federal criminal proceedings and has represented numerous clients in all aspects of complex civil litigation.

Prior to joining Jones Day, Brian was an assistant U.S. attorney for the Central District of California in Los Angeles, where he was the deputy chief of the Public Corruption and Civil Rights section and deputy chief of the Public Corruption and Government Frauds section. As a federal prosecutor, Brian maintained an unblemished trial record, obtaining guilty verdicts against all defendants in all matters that proceeded to trial. He successfully prosecuted cases involving health care fraud, defense procurement fraud, telemarketing fraud, mail and wire fraud, tax fraud, and corruption by government officials, among other crimes. In 2005, Brian was awarded the "Director's Award for Superior Performance as an Assistant United States Attorney" for his successful prosecution of United States v. Meredith, a 13-week federal trial that resulted in guilty verdicts against all seven defendants. Brian also received the Federal Law Enforcement Officers Association's National Award for Investigative Excellence for his prosecution of the Meredith case, as well as the Prosecutorial Award for his trial work in United States v. James Davis.

Since joining Jones Day, Brian has successfully defended the County of Los Angeles at trial in a dispute relating to the County Recorder's practices and procedures, successfully defended a Fortune 500 company in a writ of mandate trial by obtaining a reversal of a $56.7 million tax assessment, and successfully defended the Los Angeles County Metropolitan Transportation Authority in connection with a CEQA challenge to MTA's fare increase.

Brian's notable cases while working for the U.S. Attorney's office include:

• In re Balco Grand Jury Investigation: led the grand jury investigation into the source of the leak of grand jury transcripts of high-profile amateur and professional athletes in the Balco steroids case; investigation resulted in the prosecution and conviction of defense lawyer for perjury and obstruction of justice

• U.S. v. Meredith, et al.: obtained convictions against all seven defendants after a 13-week jury trial in federal court in Los Angeles; lead defendant was convicted of conspiracy and tax fraud and sentenced to more 10 ten years in prison and

• U.S. v. Chhun, et al.: led grand jury investigation that resulted in criminal charges being brought for overthrow of the Cambodian government and tax fraud.

Some of Brian's notable private practice cases include:

• lead trial counsel for the County of Los Angeles in dispute concerning proper recording of reconveyances — judgment awarded for the County of Los Angeles on all causes of action

• obtaining reversal of $56.7 million tax assessment against Fortune 500 company in writ of mandate trial

• representing major oil company in class action lawsuit alleging antitrust and unfair competition

• representing lead defendant for plea and sentencing in criminal tax matter in Hawaii

• representing the Metropolitan Transportation Authority in a meal and rest period class action

• representing the Metropolitan Transit Authority in action brought under California Environmental Quality Act (CEQA) — judgment entered for MTA and

• representing a client in a successful appeal of a firearm restriction.

In addition, as co-chair of the Pro Bono Committee in Los Angeles, Brian coordinates with major public interest organizations, including Bet Tzedek and Public Counsel, to assist indigent clients with representations. Brian was recently named to the board of directors for the Los Angeles Center for Law and Justice.

Areas of Practice

• Trial Practice
• Corporate Criminal Investigations

Representative Cases

• County of Los Angeles v. SCRRA dba Metrolink (California Superior Court) , (2008)
• Haywood v. Los Angeles County MTA (California Superior Court) , (2008)
• In re Reformulated Gasoline (RFG) Antitrust & Patent Litigation and Lossada v. Union Oil Company of Calif., and consolidated / coordinated actions
• Los Angeles County MTA v. VCC Alameda (California Superior Court) , (2008)
• Natural Resources Defense County v. Los Angeles County MTA (California Superior Court) , (2008)
• Oronoz et al. v. County of Los Angeles (California Superior Court) , (2008)
• Ricketts, et al. v. County of Los Angeles (California Superior Court) , (2008)
• Williams Power Co. v. City of Redondo Beach, LASC Case No. BS 106625

West Practice Categories

Bankruptcy Litigation, Class Actions, Complex Litigation, Criminal Fraud, Criminal Law, Federal, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Felonies, Grand Jury Proceedings, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court, Victims' Rights, White Collar Crimes

Bar Admissions

• California

Education

• Yale University

Address

555 South Flower Street
Fiftieth Floor
Los Angeles, CA 90071-2300

Phones

1.213.243.2445 (Business Phone)

Faxes

1.213.243.2539 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com