Brian D. Berry focuses on high-stakes class action litigation for employers in a variety of industries, including technology, transportation and logistics, airline, and retail. Brian has successfully defended employers against claims of systemic discrimination, misclassification, and alleged wage and hour violations related to minimum wage, overtime, meal and rest breaks, business expenses, bonuses, and wage statements.
In addition to successfully defending employers in numerous class actions under state and federal laws, Brian has secured favorable outcomes in consumer class actions brought under California’s Unfair Competition Law (Bus. & Prof. Code §§ 17200 et seq.) and Consumers Legal Remedies Act (Civ. Code §§ 1750 et seq.). His background also includes substantial experience in antitrust and competition, business torts, and intellectual property.
Defeated certification of a nationwide class action alleging systemic race, national origin, and citizenship discrimination on behalf of a class of over 45,000 job applicants, in a failure to hire case brought against a major IT consulting company
Defeated conditional certification of a collective action alleging nationwide systemic age-discrimination under the Age Discrimination in Employment Act (ADEA), for a leading technology company
Enforced class action waiver and won dismissal at the pleading stage in mass arbitrations brought by out-of-state truck drivers under the California Labor Code
Defeated certification of statewide independent contractor misclassification class action
Prevailed on a motion to dismiss that dramatically reduced the scope of a Private Attorneys General Act (PAGA) action for a major retail company
After prevailing at summary judgment stage, secured favorable settlements in two bad faith insurance coverage cases 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
University of Texas at Austin, 2003, J.D., with Honors
University of Texas at Austin, 2000, M.A., Philosophy