Current Employment Position(s)

Partner

Lawyer Overview

Brian Hoffstadt represents Fortune 500 companies, public entities, trade associations, and others in appellate, post-trial, and writ proceedings before the federal and state courts. He litigates a broad array of civil matters, including antitrust, employment and employee benefits, environmental, personal injury, and class action cases.

Brian has argued or briefed cases for the County of Los Angeles, Macy's, and Ecolab; has been the lead lawyer in trial court writ proceedings on behalf of the Los Angeles County Metropolitan Transportation Authority; and has provided strategy advice to trial teams representing Yamaha and IBM. He also is versed in criminal procedure from his years as a federal prosecutor handling appeals and high-tech crimes.

A former law clerk to judges on the Ninth Circuit Court of Appeals and the United States Supreme Court, Brian then spent several years as a policy advisor to the U.S. Department of Justice and the Federal Communications Commission in Washington, D.C. before joining the U.S. Attorney's Office in Los Angeles. He has taught and published on the subjects of criminal law and procedure, intellectual property, and federal jurisdiction. Brian is a member of the California Academy of Appellate Lawyers and serves as a Lawyer Representative to the Ninth Circuit Judicial Conference.

Areas of Practice

• Issues & Appeals

Representative Cases

• Barnick et al. v. Wyeth, No. 07-56684; D'Este et al. v. Bayer, No. 05-56577 (U.S. Court of Appeals for the Ninth Circuit)
• County of Los Angeles v. Los Angeles County Employee Relations Commission et al.
• Frank et al. v. County of Los Angeles et al., No. S152860 (California Supreme Court)
• Holmgren v. County of Los Angeles, , 159 Cal.App.4th 593 (2008). Appeal No. B194130, ___ Cal.App.4th ___, 71 Cal. Rptr. 3d 611 (Jan. 30, 2008); Shiell v. County of Los Angeles, Appeal No. B194042 (unpublished)
• McKenzie-Willamette Hospital v. PeaceHealth, No. 05-35640 (U.S. Court of Appeals for the Ninth Circuit)
• Natural Resources Defense Council v. Los Angeles County MTA, No. BS109618 (California Superior Court)
• Oronoz et al. v. County of Los Angeles, S161501 (California Supreme Court)
• Sandels v. Los Angeles Unified School Dist., No. LC073656 (California Superior Court)
• United States of America

West Practice Categories

Bankruptcy Litigation, Class Actions, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, 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

Bar Admissions

• California
• District of Columbia

Education

• U of California - Los Angeles

Published Works

• Arnold, Digital Media, and the Resurrection of Boyd, S. Cal. L. Rev. Online Postscript, 2008
• Dispossession, Intellectual Property, and the Sin of Theoretical Homogeneity, 80 S. Cal. L. Rev. 909, 2007
• The Voyeuristic Hacker, Journal of Internet Law, 2007
• Countering the Cyber-Crime Threat, coauthor, 43 Amer. Crim. L. Rev. 201, 2006
• The Deconstruction and Reconstruction of Habeas, 78 S. Cal. L. Rev. 1125, 2005
• Common Law Writs & Federal Common Lawmaking on Collateral Review, 96 Northwestern Univ. L. Rev. 1413, 2002
• Guarding the Integrity of the Clemency Power, 13 Federal Sent. Reporter 180, 2001
• Normalizing the Federal Clemency Power, 79 Tex. L. Rev. 561, 2001
• How Congress Might Re-Design a Leaner, Cleaner Writ of Habeas Corpus, 49 Duke L.J. 947, 2000
• Re-Taking the Field: The Constitutional Constraints on Federal Legislation That Displaces Consent Decrees, 77 Wash. Univ. L.Q. 53, 1999

Address

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

Phones

1.213.243.2513 (Business Phone)

Faxes

1.213.243.2539 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com