Practice Focus
Brian Condon is a litigator with 20 years of experience in federal and state courts, private arbitration, and advocacy before local government agencies. He focuses on commercial and business litigation of all types, and has specific experience litigating arbitration issues, private equity transactions, Internet-related litigation, project development disputes, prejudgment remedies, and appeals. He has represented clients in a variety of industries, including a health maintenance organization, a private equity firm, financial institutions, Internet domain name registries, a multilevel marketing business, and wind energy developers and manufacturers. Mr. Condon has also counseled 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, participates on nonprofit boards, and has been recognized for his work on behalf of pro bono clients in California.
Representative Matters
Business Litigation
- Defended manufacturer and seller of dietary supplements in consumer class action in federal court alleging false advertising and unfair competition.
- Litigated fraud and breach of contract action for private equity investor in leveraged buyout transaction.
- Represented multilevel marketing firm against promotional consultant in breach of contract and anti-SLAPP (Strategic Lawsuits Against Public Participation) dispute.
- Defended majority investor and lender in litigation by minority members of limited liability company seeking lost profits from failed venture. Obtained summary judgment on all claims.
- Defended titanium manufacturer in arbitration over research and development contract.
- Part of team defending Internet domain name registry against antitrust claims by registrars and service providers.
- Defended country code domain name registry in contract, tort, and copyright litigation arising from domain name marketing agreements. Obtained summary judgment on all claims.
- Part of team representing national banks and industry groups in federal preemption challenge to state law requiring specific disclosures on credit card statements. Summary judgment obtained.
- Represented publisher in copyright infringement litigation over the Internet.
- Defended letter of credit issuing bank in multiparty litigation over compliance with terms of letters of credit and conformity of goods purchased.
- Represented professional sports team in contract, tort, and antitrust claims against sports league.
Environmental Litigation
- CEQA: Litigation, counseling, and advocacy before local government agencies. Handled cases involving environmental aspects of wind energy developments; shopping center construction; and large scale residential development. Obtained decisions after trial invalidating a local ordinance that restricted wind energy development and invalidating approval of new project that would impede wind access of existing developments. Obtained favorable settlement reducing scope of residential development based on environmental concerns.
- Proposition 65: Successfully negotiated settlement 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 15 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
- Enforcement of arbitration provisions; 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; deportation of criminal aliens; anti-SLAPP litigation.
- Published and Unpublished Decisions: Proctor v. Nikken, Inc., 2008 WL 4916931 (2008); Swain v. American Capital Strategies, Ltd., 2008 WL 4140785 (2008); 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.); 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); Demore v. Kim, 538 US 510 (2003).
Awards
Mr. Condon was featured in the Los Angeles Daily Journal on December 4, 2006 for his environmental pro bono work in Pacoima, California.
California Lawyer “Angel Award” for the State’s Outstanding Pro Bono Lawyers (December 2006)
HIV/AIDS Legal Services Alliance, Inc. (2005) Recognition Award for legal contributions to persons with HIV/AIDS in Los Angeles County.