Hoffstadt, Brian M.

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

• California Employment Law Council files 9th Circuit amicus brief involving the exempt status of pharmaceutical sales representatives
• County of L.A. files petition for writ of administrative mandamus
• County of Los Angeles favorably settles class action tax refund case , (2009)
• County of Los Angeles successfully defends against class action involving independent contractors
• LA County Sheriff's Department wins summary judgment in employment discrimination suit , (2009)
• LA Unified School District defends against personal injury action , (2009)
• Los Angeles County MTA wins judgment in lawsuit challenging fare increase under the California Environmental Quality Act , (2009)

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

• Cal State Polytechnic - Pomona
• 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