Bio Filter Option
Morgan Lewis
Rocca

Brian C. Rocca

Partner

brian.rocca@morganlewis.com

San Francisco Phone +1.415.442.1432 Fax +1.415.442.1001

One Market, Spear Street Tower, 28th Floor//San Francisco, CA 94105-1596//United States

Brian C. Rocca focuses on antitrust and complex litigation matters. He is the leader of the firm’s Chambers-ranked California antitrust practice. Having spent two decades working with some of the world’s most innovative companies, Brian is uniquely experienced in leading the defense of monopolization claims in the technology sector. He has been rated by Chambers USA in the antitrust field consecutively since 2013, and has been named a Top Antitrust Lawyer in California by the Daily Journal.

Brian works on antitrust litigation, investigation, and counseling matters in many industries, with a particular emphasis on technology and internet-based services. Beyond his leading antitrust practice, Brian has also litigated numerous complex civil and appellate litigation matters, including class actions and breach of contract, fraud, misappropriation, shareholder derivative, breach of fiduciary duty, and unfair competition matters. As a leading lawyer for beverage distributors in California, he also handles a wide array of matters related to brand rights, contractual issues, and regulatory compliance. He provides counseling to a prominent trade association relating to alcohol distribution issues.

Brian served as an assistant district attorney in the Trial Unit of the San Francisco District Attorney’s Office in 2007 and 2008, and has tried civil matters in state and federal court and arbitration proceedings.

Brian served as office managing partner of the firm’s San Francisco office from 2014 to 2022, during which time the office grew to include more than 200 lawyers and other professionals. Brian proudly serves on the board of directors for the National Center for Youth Law, an organization that has advanced justice for children and youth since 1971.

selected representations

Antitrust Matters

  • In re Google Play Store Antitrust Litigation — Federal and state law antitrust claims
  • Feitelson et al. v. Google, Inc. — Monopolization and exclusive dealing
  • Uber Technologies Pricing Cases — Pricing practices
  • Philadelphia Taxi Association Inc. et al. v. Uber Technologies Inc. — Attempted monopolization
  • Diva Limousine v. Uber Technologies Inc. et al. — Unfair competition law (UCL)
  • Desoto Cab Company, Inc. v. Uber Technologies, Inc. et al. — Attempted monopolization
  • Wolf & Son Transportation, Inc. v. Becerra et al. — UCL and Cartwright Act
  • NewCal Industries et al. v. IKON Office Solutions et al. — Fraud-based antitrust claims
  • AMD v. Intel — Monopolization and pricing practices
  • In re Intel Corp. Microprocessor Antitrust Litigation — Putative nationwide class actions
  • State of New York v. Intel — Federal and state law antitrust claims
  • Clear Connection Corp. v. Comcast Cable Communications Management — Restraint of trade
  • Precision Associates v. Panalpina et al. — Putative direct purchaser class action under Sherman Act
  • SanDisk v. AudioMPEG et al. — Legality of patent pool
  • Broadcom v. QUALCOMM — Standard-setting organizations
  • Genicon v. Ethicon et al. — Bundled rebates
  • Tickets.com v. Ticketmaster — Exclusive dealing
  • Alcatel USA, Inc. v. Cisco Systems, Inc. — Licensing and refusal to deal issues
  • Criminal price-fixing investigation in international commercial services industry
  • Criminal price-fixing investigation in electronic memory industry
  • “No poach” investigations in highly skilled labor markets

Complex Commercial Litigation Matters

  • Central Delta Water Agency et al. v. Delta Wetlands Properties et al. — Breach of contract and CEQA
  • In re The Lurie Co. — Shareholder derivative and contract
  • TSI USA LLC v. Uber Technologies Inc. — Breach of contract
  • City and County of San Francisco v. State of Nevada — Putative class action alleging misappropriation of public services
  • Mission Beverage Co. v. Pabst Brewing Co. — Breach of contract
  • Retail Digital Network v. Prieto — En banc opinion applying First Amendment commercial speech principles to B&P Code Section 25503
  • Orion Wine Imports, LLC et al. v. Appelsmith — Dormant Commerce Clause challenge to state law
  • MillerCoors LLC, v. Chesbay Distributing Co. — Dispute regarding applicability of state franchise laws to sale of beer distributorship
  • Maita Distributors Inc. v. DBI Beverage, Inc. — Interpreting California Brand Transfer law, B&P Code Section 25000.2; see also Mussetter Distributing, Inc. v. DBI Beverage, Inc.
  • American Structural Composites, Inc. v. International Conference of Building Officials — Breach of contract and fraud case
  • AccuImage Diagnostics Corp. v. TeraRecon, Inc. — Trade secrets case
  • CGI v. Fireman’s Fund Ins. Co. — Breach of contract arbitration
  • Klotzer et al. v. International Aluminum Corp. — Construction defect class action

Awards and Affiliations

  • Recognized, Antitrust and Complex Litigation, Lawdragon 500 Leading Litigators in America (2022)
  • Ranked, Antitrust, California, Chambers USA (2013–2022)
  • Top Antitrust Lawyer (California), Daily Journal (2020, 2021)
  • Member, Practice Group of the Year, Competition, Law360 (2017–2022)
  • Highly Recommended, California Antitrust Practice, Global Competition Review (2020, 2021)
  • Recognized, Competition Future Leader, Global Competition Review's Who's Who Legal (2019–2022)
  • Recommended, Antitrust - Civil litigation/class actions, defense, The Legal 500 US (2022)
  • Tier 1 Key Lawyer, Antitrust - Civil litigation/class actions, The Legal 500 US (2016–2022)
  • Rising Star (Competition Law), Law360 (2017)
  • Top 40 Under 40 (California), Daily Journal (2017)
  • National Top Litigator Under 40, Benchmark Litigation (2017)
  • National Under 40 Hot List, Benchmark Litigation (2016)
  • Lawyer of the Year – Under 40, Global Competition Review (2016)
  • Litigator of the Week (Runner Up), The AmLaw Litigation Daily (September 2019)
  • Litigator of the Week, Global Competition Review (April 2015)
  • Recognized, Northern California Super Lawyers (2018, 2019, 2022)
  • Rising Star, Northern California Super Lawyers (2009–2017)
  • Recognized, LMG Rising Star in Competition and Antitrust, Expert Guides (2015–2018)
  • Recognized, US News & World Report – Best Lawyers, 2017 Practice Group of the Year for Antitrust Law
  • Recognized, National (U.S.) and Metropolitan (San Francisco) Tier 1 in Antitrust Practice Group Rankings, US News & World Report – Best Lawyers (2018, 2019)
  • Recognized, National Practice Group Ranking, Antitrust, Benchmark Litigation (2017, 2018)
  • Member, American Bar Association (Litigation and Antitrust Sections)
  • Member, Bar Association of San Francisco
  • Member, Board of Directors, National Center for Youth Law

Admissions

  • California
  • US Court of Appeals for the Ninth Circuit
  • US District Court for the Central District of California
  • US District Court for the Eastern District of California
  • US District Court for the Northern District of California
  • US District Court for the Southern District of California

Education

  • University of Virginia School of Law, 2002, J.D.
  • University of California, Davis, 1999, B.A.

Services

  • Antitrust & Competition
  • Litigation, Regulation & Investigations
  • Commercial Litigation
  • Class Actions & Group Litigation
  • Appellate
  • Privacy & Cybersecurity
  • eData
  • State Attorneys General

Events

5/13/2020 - Navigating the Antitrust Risks of Competitor Collaborations
5/10/2019 - 2019 Technology May-rathon: Big Data, Privacy, and Competition Law: The Transatlantic Debate
5/1/2019 - 2019 Technology May-rathon: No-Poaching Agreements and Antitrust Laws
11/7/2018 - 2018 Doing Business in the Golden State – Morgan Lewis Webinar Series
9/20/2018 - Labor and Employment and Employee Benefits Seminar
9/18/2018 - No-Poaching and Wage Fixing Agreements and Antitrust Laws Webinar
5/23/2018 - 2018 Technology May-rathon: No-Poaching Agreements and Antitrust Laws: What Global Employers Should Know
12/6/2017 - Doing Business in the Golden State – A Year in Review
7/5/2017 - Doing Business in the Golden State – Regulating the Future
2/1/2017 - Doing Business in the Golden State—California's Response to The New Administration
2/1/2017 - 2017 Doing Business in the Golden State – Morgan Lewis Webinar Series
11/9/2016 - California Beer & Beverage Distributors Annual Convention

News

10/3/2022 - Lawdragon 500 Leading Litigators in America, Lawdragon
11/17/2021 - Morgan Lewis Partner Brian Rocca Among Daily Journal’s Top Antitrust Lawyers for 2021
6/25/2020 - Morgan Lewis Partner Recognized Among Top Antitrust Lawyers by Daily Journal
7/20/2017 - Morgan Lewis Partner Brian Rocca Named Law360 2017 Rising Star
4/18/2017 - Morgan Lewis Partner Recognized in the Daily Journal’s Top 40 Under 40
8/5/2016 - Morgan Lewis Partners Recognized in Benchmark Litigation’s Under 40 Hot List
1/21/2015 - Morgan Lewis Appoints New Co-Managing Partner in San Francisco Office

Publications

10/29/2019 - Role of Antitrust Laws in Labor Markets, Including in the Energy Field, Remains Key Focus of Enforcers
10/1/2019 - Mitigating the Risk of Enforcement Actions and Litigation from ‘No Poach’ and Other Agreements, Bloomberg Law
2019 - Big Data, Privacy, and Competition Law
2019 - US No-Poaching Agreements and Antitrust Laws
12/21/2018 - A Few of Their Favorite Things
May 2018 - Summary Judgment Motions in Antitrust Cases, Lexis Practice Advisor
11/1/2016 - White House Analyzes Opportunities and Challenges for New Frontiers in AI
7/6/2016 - Calling All Robot Enthusiasts: The White House Wants Your Input
2014 - Contributor, Sports and Antitrust Law, ABA Section of Antitrust Law
4/29/2013 - Cybersecurity Bill Stalls In Senate, Shifting Attention To Executive Order
Fall 2012 - Bingham eDiscovery News
Summer 2012 - Bingham eDiscovery News
Spring 2012 - Bingham eDiscovery News
September 2011 - Nuts and Bolts of Search Strategy and Modern Document Review
November/December 2010 - Ninth Circuit En Banc Panel Raises Bar for Governmental Seizure of Electronic Data
January 2010 - Ninth Circuit Affirms Legality of Manufacturer’s Market Share Discounts, Sole-Source Agreements and Design Innovations
January 2010 - Zubulake Revisited: New E-Discovery Opinion Clarifies Preservation Obligations and Standards for Award of Sanctions
1/20/2010 - Zubulake Revisited: New E-Discovery Opinion Clarifies Preservation Obligations and Standards for Award of Sanctions
1/12/2010 - Ninth Circuit Affirms Legality of Manufacturer’s Market Share Discounts, Sole-Source Agreements and Design Innovations
November 2009 - Ninth Circuit En Banc Panel Adopts Safeguards For Subjects of Search Warrants Involving Electronically Stored Information
January 2010 - Ninth Circuit Affirms Legality of Manufacturer’s Market Share Discounts