Brian Mooney is a Senior Partner at GRSM with extensive experience in complex civil litigation and sophisticated commercial transactions. His clients are both start-up and established companies in a broad range of industries, including pharmaceuticals, medical devices, CMBS special servicers, chemicals, banking and financial industries, real estate, manufacturers and distributors of consumer products, electronics, information technology and retail.

Brian is the Chair of the National Drug and Medical Device Practice at GRSM and regularly serves as national product liability group defense counsel for companies in both single action and mass tort litigation. In this national capacity, he is responsible for developing and coordinating national litigation strategies as well as the defense of the individual actions, including trial. Examples of Brian’s product defense work has included a variety of products, including vascular, ocular, orthopedic and oral devices and an equally wide variety of pharmaceuticals and supplements. Recent experience includes a defense verdict in San Francisco Superior Court on behalf of the manufacturer of an antiepileptic drug, and successful arguments on an issue of first impression in the State of Kansas at the trial court level, the appellate court level, and before the Kansas Supreme Court. Brian also provides pre-litigation counseling and claim investigation services.

Brian’s commercial transactions and business litigation clients include both privately-held businesses and publicly-traded national and global corporations. His practice emphasizes the negotiation, preparation and resolution of disputes involving a broad range of business-to-business transactions, including contracts to provide consumer goods and services, purchases and sales of assets, and consumer product litigation. He also has extensive experience in bankruptcy, creditors’ rights, restructuring, workouts and related litigation, particularly with regard to assisting master servicers and financial institutions holding and/or servicing foreclosed collateralized loan portfolios. Brian has also handled litigation involving unfair competition, fraudulent and deceptive trade practices, false advertising, intellectual property, trade secrets and breach of contract actions.

Admissions

• California
• U.S. District Court, Northern, Eastern, Central and Southern Districts of California
• U.S. Supreme Court
• Ninth Circuit Court of Appeals 

Memberships

• American Bar Association
• Bar Association of San Francisco
• Defense Research Institute, Commercial Litigation Committee and Drug & Medical Device Committee
• Litigation Counsel of America - an invitation only trial lawyer honorary society

Representative Experience

Examples of Brian's experience include the following: 

• Regional counsel overseeing the handling of CMBS loans in California, Arizona, Nevada and Oregon, including foreclosures, placement of receivers, purchase and sale agreements, workouts, bankruptcies and related debtors/guarantor litigation.
• National counsel for beverage manufacturer, handling contract negotiations, and product liability and breach of contract litigation.
• National counsel for over-the-counter blood glucose monitors and test strips.
• National counsel for manufacturer of biologics and extremity implants, tools and instruments.
• National counsel for manufacturer of baby formula.
• Litigated trademark case involving one of the largest international airline carriers.
• Briefed and argued an issue of first impression in the State of Kansas at the trial court level, the appellate court level, and before the Kansas Supreme Court, and was successful at each stage of the argument. Troutman, et al. v. Curtis, et al. 185 P.3d 930 (Kan. 2008).
• Litigated disputes involving intellectual property, trade secrets, §17200 and §17500 violations, alleged Lanham Act violations, and disputes concerning both Federal and State SPAM statutes.
• National counsel and West Coast trial counsel for orthopedic manufacturer in cases involving knee and hip orthopedic implants.
• National counsel and California trial counsel for national gynecological medical device litigation.
• National counsel and trial counsel for ocular laser manufacturer.
• California counsel for orthopedic manufacturer involving shoulder pumps and orthopedic implants.
• National counsel team member for pharmaceutical company in the diet drug litigation, and member of the Northern California trial team.
• National counsel and lead trial counsel for manufacturer of vascular closure devices.
• National trial counsel for manufacturer of stents and related vascular devices.
• Regional counsel team member for breast implant litigation.
• California counsel for manufacturer of endoscopic tools and cutters.
• California counsel for manufacturer of temporomandibular joint implants.
• California counsel for manufacturer of small joint silicone implants.
• California counsel for flu vaccine manufacturer in claims involving Guillain Barre Syndrome.
• California counsel for polio vaccine manufacturer and related SV40 allegations.
• California counsel for manufacturer of pain medications involved in dentistry and oral surgery.
• California counsel for over-the-counter supplements alleged to have caused pulmonary damage.
• Trial counsel for manufacturer of chromosomal screenings.
• Trial counsel for cryobank.
• Trial counsel for manufacturer of nutrition bars and beverages