Los Angeles
555 South Flower Street, 50th Floor
Los Angeles, CA 90071

Phone 213.243.2513
Fax 213.243.2539

Practice Areas
Issues and Appeals

Brian M. Hoffstadt, Partner

Brian Hoffstadt represents Fortune 500 companies, public entities, trade associations, and others before the California and federal courts on appeal, in writ proceedings, and at trial. Brian specializes in appeals and has argued more than 25 cases before the United States Court of Appeals for the Ninth Circuit. He has litigated a broad array of civil cases, including the law of antitrust, employment and employee benefits, environmental, personal injury, and class actions. He is also familiar with criminal procedure and criminal defense from his years as a federal prosecutor specializing in appeals and intellectual property and white-collar criminal prosecutions.

While at Jones Day, Brian has represented IBM, Pacific Bell, Apple Computer, the County of Los Angeles, the Los Angeles Metropolitan Transportation Authority, the Los Angeles Unified School District, and the California Employment Law Council. He has participated in the following matters, among others:

• in Holmgren, et al. v. County of Los Angeles and Shiell, et al. v. County of Los Angeles, Brian helped represent the County of Los Angeles before the California Court of Appeal, which issued a published opinion holding that local governmental entities such as cities and counties have the authority to decide whether to use independent contractors;

• in McKenzie-Willamette Hospital v. PeaceHealth, Brian helped represent Pacific Bell by filing an amicus brief with the Ninth Circuit, which subsequently accepted amicus' position by rejecting a rule that would have outlawed discounts on bundled goods and services under the federal antitrust laws; and

• in United States v. 4,432 Mastercases of Cigarettes, he represented the United States and, in a government appeal, convinced the Ninth Circuit to reverse a judgment of the district court and uphold the authority of federal agents to seize cigarettes held within a Foreign-Trade Zone for failure to comply with state cigarette taxation laws.

Brian serves as an alternate lawyer delegate to the Ninth Circuit Judicial Conference and is a member of the ABA, the Criminal Justice American Inn of Court, and the Los Angeles County Bar Association, where he previously served on the Judicial Appointments and Government Lawyers Task Force Committees. Brian also has taught and published on the subjects of criminal law and procedure, intellectual property, and federal jurisdiction. He currently teaches criminal procedure at the University of Southern California Gould School of Law, where he was voted adjunct professor of the year for the 2006-2007 term.

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