Brian D. Berry

Shareholder || San Francisco

Brian is the co-chair of the firm’s California Class Action Practice Group. He devotes his practice to high-stakes litigation for employers in a variety of industries, including technology, transportation and logistics, airline, manufacturing, food and beverage, and hospitality. In his class and collective action practice, Brian has successfully defended employers against claims of discrimination, misclassification, and alleged wage-and-hour violations related to minimum wage, overtime, regular rate, meal and rest breaks, business expenses, and wage statement statutes. He has also defeated class certification and won victories on the merits in class cases brought under California’s Unfair Competition Law (Bus. & Prof. Code §§ 17200 et seq.) and Consumers Legal Remedies Act (Civ. Code §§ 1750 et seq.).

Prior to joining Ogletree Deakins, Brian 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, and intellectual property.

Brian 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, he regularly taught courses on the philosophy of law, moral and political philosophy, and the history of philosophy. Brian was admitted as a PhD candidate in the philosophy of law before leaving academics to practice law.

Learn more about Brian D. Berry
  • 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.

Education

  • J.D., with honors, University of Texas at Austin, 2003
  • M.A., University of Texas at Austin, 2000
  • B.A., New College of Florida, 1997

Admittance to Practice

  • California

Professional Activities

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

Speeches

  • Ogletree Deakins Briefing - "What's New in California in 2019" - San Francisco - April 4, 2019
  • 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
  • January 11, 2018 - Law360 - "Google Nears Win In Bid To Trim Hiring Age Bias Suit"

Insights by Brian D. Berry