Brian is a partner at Phillips, Erlewine, Given & Carlin. Prior to joining the firm in 2014, Brian graduated cum laude from Harvard Law School and served as a staff attorney with the United States Court of Appeals for the Eighth Circuit. His practice focuses on appellate, intellectual property, employment, and commercial law matters. Brian is licensed to practice law in California and New York.

In his free time, Brian enjoys family adventures with his wife Sara, son Leo, daughter Zelda, and Samoyed Mookie. In his really free time, Brian plays jazz saxophone, volleyball, softball, and tennis all at respectable intermediate levels.

 
  • University of Rochester (BA - Double Major in History and Comparative Literature)

    • Magna cum laude

    • Phi Beta Kappa

    Harvard Law School (JD)

    • Cum laude

  • Jarboe v. Hanlees Auto Group (2020) 53 Cal. App. 5th 539, review denied (Dec. 9, 2020) —(prevailing on appeal in putative wage and hour class and representative PAGA action; affirming denial of motion to compel arbitration for individual and class claims against non-signatories to mandatory arbitration agreement and holding that trial court did not abuse its discretion in denying stay of PAGA claim pending arbitration of individual claims against signatory).

    Swain v. LaserAway Med. Grp., Inc., 57 Cal. App. 5th 59, 270 Cal. Rptr. 3d 786 (2020), as modified (Nov. 3, 2020) (prevailing on appeal in consumer case; affirming denial of motion to compel arbitration because mandatory arbitration agreement was procedurally and substantively unconscionable).

    Samsky v. State Farm Mut. Auto. Ins. Co., 37 Cal. App. 5th 517, 519 (2019), as modified on denial of reh'g (July 23, 2019), review denied (Sept. 11, 2019) (prevailing on appeal in personal injury matter; reversing decision to deny plaintiff’s post-trial motion for an award of costs of proving matters defendant insurance company denied in requests for admission; matter later settled).

    Parker v. Willmark Communities, Inc., No. D069466, 2017 WL 4707398 (Cal. Ct. App. Oct. 20, 2017) (prevailing on appeal on behalf of putative class of apartment complex tenants; dismissing apartment owner’s appeal of interlocutory order enjoining improper settlement communications with putative class members and holding that such an order is non-appealable; matter later settled).

    Faith No More v. Manifesto Records, Inc., No. B271323, 2017 WL 1231387 (Cal. Ct. App. Apr. 4, 2017) (prevailing on appeal in music industry intentional interference with contractual relations matter; affirming denial of record company’s anti-SLAPP motion and finding that band’s claims were not preempted by the Copyright Act and that the band satisfied its burden to show a probability of prevailing; matter later settled).

    Krisko v. Marvel Entm't, LLC, 473 F. Supp. 3d 288 (S.D.N.Y. 2020) (obtaining full dismissal of copyright infringement claims against theme song composer).

    Brian has also served as class counsel in several successful wage and hour class and representative PAGA actions, obtaining millions of dollars on behalf of California workers.

  • State Bar of California

    State Bar of New York

    Southern, Central, and Northern Districts of California

    Ninth Circuit

  • Raines v. U.S. Healthworks Med Grp., 15 Cal.5th 268 (2023)

    Gantner v. PG&E, 26 F.4th 1085 (9th Cir. 2022)

    Jarboe v. Hanlees Auto Group (2020) 53 Cal. App. 5th 539, review denied (Dec. 9, 2020)

    Swain v. LaserAway Med. Grp., Inc., 57 Cal. App. 5th 59, 270 Cal. Rptr. 3d 786 (2020), as modified (Nov. 3, 2020)

    Samsky v. State Farm Mut. Auto. Ins. Co., 37 Cal. App. 5th 517, 519 (2019), as modified on denial of reh'g (July 23, 2019), review denied (Sept. 11, 2019)

    Krisko v. Marvel Entm't, LLC, 473 F. Supp. 3d 288 (S.D.N.Y. 2020)

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