Practice and Industry Groups

Brian D. Berry

Of Counsel San Francisco

Brian Berry is a litigator in Ogletree Deakins’ San Francisco office.  Mr. Berry focuses his practice on class action employment litigation.  He has broad experience defending class and collective actions, as well as single plaintiff and multi-plaintiff actions.

In his class action practice, Mr. Berry has helped secure numerous denials of class certification and victories on the merits in high-stakes cases brought under California’s Unfair Competition Law (Bus. & Prof. Code §§ 17200 et seq.) and Consumers Legal Remedies Act (Civ. Code §§ 1750 et seq.).  Mr. Berry has represented employers in a variety of wage-and-hour and discrimination class and collective actions brought under federal and California state employment laws.  His experience includes defending against claims of misclassification, missed meal and rest breaks, inaccurate wage statements, and other wage-related claims.  

Mr. Berry has substantial experience in all aspects of litigation – ranging from challenges at the pleading stage, to fact and expert discovery, through class certification, trial and appeal.  He has orchestrated large-scale discovery and declaration projects for use in opposing class certification and trial on the merits.  He has extensive experience briefing motions, arguing before courts and administrative agencies, and managing complex cases.    

Practicing in California state and federal court, Mr. Berry has represented clients in a variety of industries, including retail, healthcare, manufacturing, hospitality, and pharmaceuticals.

Prior to joining Ogletree Deakins, Mr. Berry practiced complex commercial litigation for nine years in the San Francisco office of Latham & Watkins and spent several years at a commercial litigation boutique in San Francisco.  In addition to employment law, his background includes substantial experience in antitrust and competition, business torts, insurance coverage, intellectual property, and malpractice.   

Mr. Berry received his J.D. with Honors in 2003 from the University of Texas-Austin, where he also earned a M.A. in philosophy with a focus on the philosophy of law.  During graduate school and law school, Mr. Berry regularly taught courses on the philosophy of law, moral and political philosophy, and the history of philosophy.  Mr. Berry was admitted as a PhD candidate in the philosophy of law before leaving academics to practice law.  


Experience

  • Defeated conditional certification of a collective action alleging age-discrimination under the ADEA
  • Secured summary adjudication for management on breach of employment contract claims brought by former officers and directors.
  • After prevailing at summary judgment stage, secured favorable settlements in two bad faith insurance coverage cases (CGL and EPL policies) on behalf of operator of physical therapy clinics faced with discrimination and retaliation claims.
  • On behalf of major electronic consumer product manufacturer and retailer, defeated motions to certify classes and obtained summary judgment on individual claims.
  • Secured favorable settlement on eve of trial in case involving unpaid sales commissions.
  • Obtained dismissals of numerous complaints at the pleading stage.

Professional Activities and Speeches

Professional Activities:

  • State Bar of California
  • Bar Association of San Francisco
  • American Bar Association

Speeches:

  • Ogletree Deakins Seminar - ''Wage and Hour Update'' - San Francisco - April 2017
  • Madison Area Corporate Counsel Network - ''FLSA Exemptions and Joint Employer Developments'' - Madison - March 2017
  • Ogletree Deakins Seminar - ''Managing a Workforce: California Wage and Hour Update'' - San Francisco - October 2016
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