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    Brian D. Martin

    Brian D. Martin

    T: +1.619.544.3204 F: +1.619.236.1995
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    Brian Martin is the local Litigation practice leader for the law firm’s San Diego office. He represents financial institutions and financial services companies in complex class actions; energy companies in environmental remediation litigation, as well as environmental, health and safety regulatory investigations; and other diverse companies, ranging from construction, pharmacy benefits, and government contracting, to high-tech, legal, and biological sciences, in large-scale business litigation. The scope of his representation includes advising on complex business issues involving private equity financings, attorney fee awards, open source licensing, foreign distributorships, gift cards, real estate leasing, insurance licensing, banking regulation and practices, insurance coverage, contamination, and major industrial accidents and process safety incidents.

    Mr. Martin also has unique experience representing private companies and their stakeholders in disputes with founding and minority shareholders over ownership, management, and other corporate governance issues. These matters often involve disputes regarding wrongful employment termination, breach of shareholder and officer fiduciary obligations, trade secret misappropriation, access to corporate records, dissenter’s rights, and fraud.

    Mr. Martin has represented clients in appeals before the California Courts of Appeal, the Ninth Circuit Court of Appeals and the Nevada Supreme Court. Mr. Martin’s appellate experience includes his representation of a financial institution in the First District Court of Appeal for the State of California, that resulted in the published opinion, Thayer v. Wells Fargo Bank (2001) 92 Cal. App. 4th 819, establishing the parameters of the trial court’s discretion in awarding attorney fees under California’s Private Attorney General doctrine.

    Mr. Martin served as a legal extern in the Massachusetts Attorney General’s Office, Government division, during law school.

    Honors & Awards
    • Super Lawyers (2013)

    California Bar Association, American Bar Association, San Diego County Bar Association, Association of Business Trial Lawyers, American Inns of Court, Louis Welsh Chapter, J. Clifford Wallace Chapter

    Member of the Board of Governors for the San Diego Chapter of the Association of Business Trial Lawyers


    State Courts of California, U.S. District Court for the Southern, Central, Northern and Eastern Districts of California, Ninth Circuit Court of Appeals

    Published decisions
    • Beeman v. Antham Prescription Management, LLC (9th Cir. 2011) 661 F.3d 1199
    • Brack v. Omni Loan Co, Ltd. (4th DCA, 2008) 164 Cal. App. 4th 1312
    • Beeman v. TDI Managed Care Services, Inc. (9th Cir., 2006) 449 F. 3d 1035
    • Smith v. Wells Fargo Bank, N.A. (4th DCA, 2005) 135 Cal. App. 4th 1463
    • Thayer v. Wells Fargo Bank, N.A. (1st DCA, 2001) 92 Cal. App. 4th 819
    • Community Youth Athletic Center v. City of National City  — Cal.Rptr.3d —, 2013 WL 5823767 (Cal.App. 4 Dist.), 13 Cal. Daily Op. Serv. 12,048

    Reported decisions
    • McLay v. Wells Fargo Bank, N.A. (4th DCA) 2013 WL 1223649
    • Somo v. Chevron Products, U.S.A. (4th DCA, 2008) 2008 WL 4152962
    • Sagi v. Infinity Capital, LLC (4th DCA, 2005) 2005 WL 383711
    • Thayer v. Wells Fargo Bank, N.A. (1st DCA, 2005) 2005 WL 1847174
    • D.B. Mexican Franchising, LLC v. Cue (S.D. Cal.) 2012 WL 253189
    • Iorio v. Allianz Life Ins. Co. of North America (S.D. Cal.) 2009 WL 3415703
    • Iorio v. Allianz Life Ins. Co. of North America (S.D. Cal.) 2009 WL 3415689
    • Banc of America Strategic Solutions, Inc. v. Mohamed (S.D. Cal.) 2008 WL 2746602
    • Iorio v. Allianz Life Ins. Co. of North America (S.D. Cal.) 2008 WL 8929013
    State of California
    J.D., Boston College Law School, 1998
    cum laude
    B.A., Economics, University of California, Davis, 1995

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