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Litigation
Brian Condon is a business litigator with over 20 years of experience in federal and state courts, private arbitration, and advocacy before local government agencies. He represents clients engaged in many different industries in a broad range of commercial and civil litigation disputes. Mr. Condon has specific experience litigating cases in the areas of health care, private equity and investment transactions, consumer product and multi-level marketing, real property and alternative energy project development, financial institutions, and Internet domain name registries. Mr. Condon also has substantial experience in appellate and writ proceedings.
In addition to litigation, Mr. Condon counsels clients on the scope and enforceability of arbitration agreements, and on strategies for pursuing and opposing project development under the California Environmental Quality Act (CEQA).
Mr. Condon is active in community service and has been consistently recognized for his work on behalf of pro bono clients in California. He also serves in leadership roles on nonprofit boards and is a trustee of the Los Angeles County Bar Association.
Litigation Representative Matters
Business Litigation
- Defended municipality in securities litigation involving bond financing for development of a multi-purpose event center.
- Represented agricultural business in contract and unfair competition litigation.
- Defended seller of collectible coin products in consumer class actions in federal court alleging false advertising and unfair competition.
- Defended seller of dietary supplements in consumer class action in federal court alleging false advertising and unfair competition.
- Represented multi-level marketing firm against promotional consultant in breach of contract and anti-SLAPP (Strategic Lawsuits Against Public Participation) dispute.
- Litigated fraud and breach of contract action for private equity firm regarding disclosures in leveraged buyout transaction for product manufacturing business.
- Defended private equity firm in litigation by minority investors seeking lost profits from failed venture in metal fabrication business.
- Defended titanium manufacturer in arbitration over research and development contract.
- Represented bank in litigation under California Commercial Code to recover casualty insurance funds from bank accepting joint payee checks without proper endorsement.
- Part of team that represented national banks and industry groups in federal preemption challenge to state law requiring specific disclosures on credit card statements.
- Defended letter of credit issuing bank in multi-party litigation over compliance with terms of letters of credit and conformity of goods purchased.
- Defended country code domain name registry in contract, tort, and copyright litigation arising from domain name marketing agreements.
- Represented publisher in copyright infringement litigation over the Internet.
- Part of team defending Internet domain name registry against antitrust claims by registrars and service providers.
- Part of team that represented professional sports team in contract, tort, and antitrust claims against sports league.
Environmental Litigation
- CEQA: Litigation, counseling, and advocacy before local government agencies in cases involving solar energy development; multiple wind energy development; shopping center construction; and large-scale residential development. Obtained decisions after trials (1) invalidating a local ordinance that restricted wind energy development, and (2) invalidating approval of new development that would impede wind access to an existing wind energy project. Obtained favorable settlement reducing scope of residential development based on environmental concerns.
- Proposition 65: Defense of claims against natural gas supplier alleging discharge to sources of drinking water from abandoned oil field. Successful negotiation of claims based on environmental exposure from manufacturing facility adjoining residential community.
- Insurance Coverage: Obtained rescission of commercial liability policy for pollution claim involving Superfund site.
Arbitration/Contractual Enforcement
- Litigated hundreds of cases over 20 years, covering all aspects of arbitration law, in trial and appellate courts.
- Enforced contractual provisions for arbitration of Health Maintenance Organization (HMO) member claims, involving defenses of unconscionability, waiver, regulatory compliance, notice, cost, and arbitrability, among others.
- Confirmed and vacated arbitration awards involving claims of disqualification of arbitrators, conflicts of interest, misconduct, and excess of powers.
- Counseled on all aspects of arbitration law and procedure.
Appellate Practice
- Handled appeals involving: contractual dispute over hospital billing practices between hospital and HMO; anti-SLAPP litigation; multiple cases involving enforcement of arbitration provisions; multiple cases involving confirmation and vacation of arbitration awards; validity of Medi-Cal drug approval criteria; medical malpractice; standards for relief under attorney fault statute; consumer claims against HMOs; workers' compensation exclusivity; and deportation of criminal aliens.
- Published and Unpublished Decisions:
- Samano v. Kaiser Foundation Health Plan, Inc., 2012 WL 91317 (9th Cir.)
- Gee v. Southern Calif. Permanente Medical Group, 2011 WL 5307854 (Cal. Ct. App.)
- Colen v. Kaiser Foundation Health Plan, Inc., 2011 WL 989234 (Cal. Ct. App.)
- USC University Hospital., Inc. v. Kaiser Foundation Hospitals, 2010 WL 5187741 (Cal. Ct. App.)
- Proctor v. Nikken, Inc., 2008 WL 4916931 (Cal. Ct. App.)
- Swain v. American Capital Strategies, Ltd., 2008 WL 4140785 (Cal. Ct. App.)
- Paleski v. California Dep't of Health Services, 144 Cal. App. 4th 713 (2006)
- Clement v. Kaiser Foundation Health Plan, Inc., 2006 WL 177425 (Cal. Ct. App.)
- Martin v. Tzakis, 2005 WL 2542907 (Cal. Ct. App.)
- Coapstick v. Kaiser Foundation Hospitals; 2005 WL 2009147 (Cal. Ct. App.)
- Turner v. Kaiser Foundation Health Plan, Inc., 2005 WL 1774775 (Cal. Ct. App.)
- Minsk v. Kaiser Foundation Hospitals, 2004 WL 1663970 (Cal. Ct. App.)
- Demore v. Kim, 538 U.S. 510 (2003) (co-counsel)
- Broughton v. Cigna Healthplans, 21 Cal.4th 1066 (1999) (amicus)
- Turner v. Superior Court, 67 Cal.App.4th 1432 (1998)
- Lorenz v. Commercial Acceptance Ins. Co., 40 Cal.App.4th 981 (1995)
Business Litigation
- Defended municipality in securities litigation involving bond financing for development of a multi-purpose event center.
- Represented agricultural business in contract and unfair competition litigation.
- Defended seller of collectible coin products in consumer class actions in federal court alleging false advertising and unfair competition.
- Defended seller of dietary supplements in consumer class action in federal court alleging false advertising and unfair competition.
- Represented multi-level marketing firm against promotional consultant in breach of contract and anti-SLAPP (Strategic Lawsuits Against Public Participation) dispute.
- Litigated fraud and breach of contract action for private equity firm regarding disclosures in leveraged buyout transaction for product manufacturing business.
- Defended private equity firm in litigation by minority investors seeking lost profits from failed venture in metal fabrication business.
- Defended titanium manufacturer in arbitration over research and development contract.
- Represented bank in litigation under California Commercial Code to recover casualty insurance funds from bank accepting joint payee checks without proper endorsement.
- Part of team that represented national banks and industry groups in federal preemption challenge to state law requiring specific disclosures on credit card statements.
- Defended letter of credit issuing bank in multi-party litigation over compliance with terms of letters of credit and conformity of goods purchased.
- Defended country code domain name registry in contract, tort, and copyright litigation arising from domain name marketing agreements.
- Represented publisher in copyright infringement litigation over the Internet.
- Part of team defending Internet domain name registry against antitrust claims by registrars and service providers.
- Part of team that represented professional sports team in contract, tort, and antitrust claims against sports league.
Environmental Litigation
- CEQA: Litigation, counseling, and advocacy before local government agencies in cases involving solar energy development; multiple wind energy development; shopping center construction; and large-scale residential development. Obtained decisions after trials (1) invalidating a local ordinance that restricted wind energy development, and (2) invalidating approval of new development that would impede wind access to an existing wind energy project. Obtained favorable settlement reducing scope of residential development based on environmental concerns.
- Proposition 65: Defense of claims against natural gas supplier alleging discharge to sources of drinking water from abandoned oil field. Successful negotiation of claims based on environmental exposure from manufacturing facility adjoining residential community.
- Insurance Coverage: Obtained rescission of commercial liability policy for pollution claim involving Superfund site.
Arbitration/Contractual Enforcement
- Litigated hundreds of cases over 20 years, covering all aspects of arbitration law, in trial and appellate courts.
- Enforced contractual provisions for arbitration of Health Maintenance Organization (HMO) member claims, involving defenses of unconscionability, waiver, regulatory compliance, notice, cost, and arbitrability, among others.
- Confirmed and vacated arbitration awards involving claims of disqualification of arbitrators, conflicts of interest, misconduct, and excess of powers.
- Counseled on all aspects of arbitration law and procedure.
Appellate Practice
- Handled appeals involving: contractual dispute over hospital billing practices between hospital and HMO; anti-SLAPP litigation; multiple cases involving enforcement of arbitration provisions; multiple cases involving confirmation and vacation of arbitration awards; validity of Medi-Cal drug approval criteria; medical malpractice; standards for relief under attorney fault statute; consumer claims against HMOs; workers' compensation exclusivity; and deportation of criminal aliens.
- Published and Unpublished Decisions:
- Samano v. Kaiser Foundation Health Plan, Inc., 2012 WL 91317 (9th Cir.)
- Gee v. Southern Calif. Permanente Medical Group, 2011 WL 5307854 (Cal. Ct. App.)
- Colen v. Kaiser Foundation Health Plan, Inc., 2011 WL 989234 (Cal. Ct. App.)
- USC University Hospital., Inc. v. Kaiser Foundation Hospitals, 2010 WL 5187741 (Cal. Ct. App.)
- Proctor v. Nikken, Inc., 2008 WL 4916931 (Cal. Ct. App.)
- Swain v. American Capital Strategies, Ltd., 2008 WL 4140785 (Cal. Ct. App.)
- Paleski v. California Dep't of Health Services, 144 Cal. App. 4th 713 (2006)
- Clement v. Kaiser Foundation Health Plan, Inc., 2006 WL 177425 (Cal. Ct. App.)
- Martin v. Tzakis, 2005 WL 2542907 (Cal. Ct. App.)
- Coapstick v. Kaiser Foundation Hospitals; 2005 WL 2009147 (Cal. Ct. App.)
- Turner v. Kaiser Foundation Health Plan, Inc., 2005 WL 1774775 (Cal. Ct. App.)
- Minsk v. Kaiser Foundation Hospitals, 2004 WL 1663970 (Cal. Ct. App.)
- Demore v. Kim, 538 U.S. 510 (2003) (co-counsel)
- Broughton v. Cigna Healthplans, 21 Cal.4th 1066 (1999) (amicus)
- Turner v. Superior Court, 67 Cal.App.4th 1432 (1998)
- Lorenz v. Commercial Acceptance Ins. Co., 40 Cal.App.4th 981 (1995)
Recipient, Los Angeles County Bar Association, Hon. Benjamin J. Aranda Public Service Award for work on the HIV-AIDS Legal Service Project (June 2012).
Mr. Condon was featured in the Los Angeles Daily Journal on December 4, 2006 for his environmental pro bono work in Pacoima, California.
Recipient, California Lawyer “Angel Award” for the State’s Outstanding Pro Bono Lawyers (December 2006).
Recognition Award, HIV/AIDS Legal Services Alliance, Inc. for legal contributions to persons with HIV/AIDS in Los Angeles County.
The Recorder 2012 as a member of one of the Top Appellate Practices in California
Professional Activity
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Los Angeles County Bar Association, Board of Trustees (2011-present); Los Angeles County Bar Foundation: President (2009-2010); President-Elect (2008-09); Senior Vice President (2007-08); Vice President/Treasurer (2006-07); Secretary (2005-06); Member, Board of Directors (1999-2005); Served on Grants, Audit, Fund Raising, and Executive Committees.
Community Activity
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YMCA/Ketchum Downtown-LA: Member, Board of Managers (2005-present); Serve on Finance Committee.
Pro Bono Activity
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Member of Arnold & Porter's pro bono committee, and head of Los Angeles Office Pro Bono Committee (1997-present).
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Member, Los Angeles Pro Bono Council.
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Pro Bono Clients Represented: Museum of Contemporary Art (Los Angeles); Los Angeles County Bar Association; Pacoima CARE Foundation; many individual clients in state and federal courts.