Julian Brew, partner in Kaye Scholer’s Los Angeles office and a member of the firm’s Complex Commercial Litigation and Antitrust Practice Groups, has successfully represented major multinational corporations and Fortune 50 companies in high stakes litigation. Clients know Julian as an experienced and effective litigator who finds creative and novel approaches to all of the cases he handles, without sacrificing efficiency or cost-effectiveness, and who brings a proven track record of success.
In addition to being an experienced antitrust litigator, Julian has handled cases involving a wide range industries and types of claims, including consumer class actions, product liability, fraud, breach of contract, employment, entertainment, intellectual property, false advertising and unfair competition. Julian has tried cases before juries, judges and arbitration panels. He also has handled appeals on behalf of parties and amici curiae in various states and federal circuits, including the Third, Sixth and Ninth Circuits and United States Supreme Court.
- Represented ExxonMobil in consumer class actions in California state and federal courts alleging claims for unfair competition, false advertising and fraud, including a class action that alleged that multi-grade pumps can overstate the octane grade in certain circumstances. In that case, the court granted motions to dismiss based on a statutory “safe harbor” for regulated activities, and federal preemption of state regulation of octane disclosures. The Ninth Circuit upheld the resulting judgment on appeal.
- Defended Texaco against a large group of service station operators challenging its marketing and dealer practices based on antitrust and fraud claims. The court granted summary judgment on the claims of price discrimination and unlawful vertical restraints under federal and California state law. Then, after a month-long jury trial, Texaco won a complete defense verdict on the remaining claims. The judgment was upheld on appeal.
- Defended Infineon Technologies in actions in numerous jurisdictions in the United States and worldwide arising out of a Department of Justice investigation into claims of price fixing in the sale of dynamic random access memory (“DRAM”). These included class actions brought by both direct and indirect purchasers, claims brought by opt-outs from those classes, foreign purchasers, state attorneys general, and consumers and businesses in class actions filed in numerous states, as well as proceedings in Canada, Brazil, South Korea and the European Union, and have resulted in significant federal district court and appellate rulings concerning, among other things, limitations on standing for indirect purchasers and application of the Sherman Act to foreign purchasers.
- Successfully defended ExxonMobil in a putative class action in the Commonwealth of the Northern Marianas Island alleging various false advertising and consumer protection claims arising from the sale of gasoline. The trial court granted motions to dismiss all claims. The Commonwealth Supreme Court upheld the dismissal of all claims except a claim alleging price fixing, which was remanded for further proceedings in the trial court, including application of a new pleading standard in the Commonwealth.
- Represented Marvel Entertainment in longstanding disputes over motion picture production and distribution rights in its signature Spider-Man character. The firm took over the case after many years of litigation, and quickly obtained summary judgment on most claims based on a variety of novel defenses, including the “strong arm” power of bankruptcy trustees. Marvel then defeated the remaining claims in a bench trial, paving the way for one of the most successful franchises in motion picture history.
- Represented ExxonMobil in a lawsuit in federal court in New Mexico alleging state and federal antitrust claims arising out of its participation in a standard setting body. The court granted motions to dismiss based on failure to adequately allege antitrust violations in connection with ExxonMobil’s alleged activities in the standard setting process.
- Defended Texaco in jury trial against former service station dealer alleging fraud and breach of contract claims arising out of its exercise of a “right of first refusal” upon sale of the station. After week-long trial, the jury rejected the dealer’s claim for damages and awarded damages to Texaco. Julian also defended Texaco in several other dealer disputes, including claims under the Petroleum Marketing Practices Act.
- Defended Mobil in jury trial on whistleblower claims by former refinery employee for wrongful termination in violation of public policy based on allegations his employment was terminated for complaining about safety and environmental issues. The court granted motion for judgment at the close of plaintiff’s case.
- Represented Astrium, one of the world’s largest manufacturers of satellites, in litigation with various suppliers alleging claims for fraud and misrepresentation arising out of gradual failure of solar panels on several communications satellites after launch.
- Represented various aircraft leasing companies in lawsuits against lessees of aircraft for nonpayment of rent and other amounts and for repossession of aircraft.
Professional Awards and Activities
- Public Counsel’s Wiley Manuel Award for Pro Bono Services
- Mock trial coach and member of the Lawyers’ Advisory Council for the Constitutional Rights Foundation
- Volunteer prosecutor, Los Angeles County Bar Association Trial Attorney Project, prosecuting several criminal jury trials to verdict