Herold, Lauren R.

Extern for the Honorable Judge Ronald Whyte in the Federal District Court For the Northern District of California
Summer Associate Thelen Reid & Priest LLP 2002

Brian Hennessy is part of the firm's intellectual property and commercial litigation groups. He represents a wide variety of clients in many areas of the law including intellectual property law, complex commercial litigation, class action defense, constitutional law, and construction law, and has experienced a unique and accelerated career path.

At the age of 26, in his second year of practicing law, and prior to ever taking or defending a deposition, Brian founded his own law firm and tried a multi-million dollar federal jury trial against the multi-billion dollar, publicly traded company that owns Santana Row. Brian handled the opening statement, closing argument, rebuttal, and key witnesses, in addition to drafting jury instructions and several successful motions in limine, including drafting and arguing a motion in limine that increased the potential damages from $500,000 to in excess of $10 million. Brian ultimately defeated a highly experienced opposing counsel with over 30 years of experience and who had tried over 50 cases. Brian later tried the damages phase in a separate bench trial seeking $17 million in damages (still awaiting court's verdict).

In addition, Brian has handled several large, complex commercial litigation matters, including defending against multiple nation-wide, consumer class action lawsuits. Often slated as the team brief writer, Brian has authored several significant complex commercial litigation briefs, including:

-Principle drafter of an alternative anti-SLAPP/Summary Judgment Motion resulting in the dismissal (in a published opinion) of a $40 million dollar counterclaim for intentional interference with prospective advantage and unfair business competition. Principle drafter of the appellate briefing to the Federal Circuit, defending the grant of Summary Judgment;

-Co-drafter of the merits motion for summary judgment on the client’s (out-of-state dairy farmers) Dormant Commerce Clause claim against the California Department of Food and Agriculture, resulting in a permanent injunction of the key portion of California’s Dairy regulations and a finding that the regulations were unconstitutional. Following summary judgment, principle drafter of the motion for attorneys’ fees, which resulted in a total fee award for Plaintiffs in excess of $2.5 million, representing 98.5% of the attorneys’ fees encompassing seven years of litigation;

-Principle drafter of an extensive brief regarding the settlement of a major, nationwide class action with a class of several million plaintiffs;

-Principle drafter of an appellate motion seeking to reverse a grant of class certification and to disqualify counsel due to alleged unethical conflicts of interest;

-Principle drafter or co-drafter of numerous motions to transfer, consolidate, dismiss, demurrers, motions to strike, and motions for summary judgment.

As Founder and Chairman of The Council of Goodness (http://www.councilofgoodness.org/), Brian tirelessly works to provide a better life for underprivileged and at-risk youth throughout the Bay Area, founding two successful non-profit corporations, raising hundreds of thousands of dollars both by fundraising and giving his own personal money, and spending thousands of hours personally mentoring his at-risk and underprivileged mentees.