Brian D. Henri

Partner

Brian D. Henri's practice focuses on complex commercial, employment and intellectual property litigation. Mr. Henri has particular experience in defending class action claims for unfair competition, false advertising and violation of California's Consumer Legal Remedies Act. In addition, he has defended traditional and Internet retailers in actions ranging from consumer fraud to wage and hour class actions.

Mr. Henri has also successfully litigated numerous employment matters through both trial and arbitration, including four arbitrations in the last two years. Mr. Henri has represented clients in appellate matters in both state and federal court.

Experience

Complex Commercial Litigation

• Represented retailer and its Internet subsidiary in an attempted nationwide class action concerning rebates. Plaintiffs were represented by five law firms in California and New York and alleged violation of California's Consumer Legal Remedies Act ("CLRA"), violation of California's Unfair Competition Laws ("UCL"), false advertising, breach of contract and negligent misrepresentation. Obtained an order determining that the plaintiffs' CLRA claim lacked merit and dismissal of entire action after multiple successful demurrers.
• Represented retailer in an attempted class action based upon allegations that it violated the UCL and CLRA by improperly charging sales tax on shipping. Obtained an order determining that plaintiff's CLRA cause of action lacked merit and dismissal of entire action.
• Replaced a large national firm as retailer's counsel in a UCL representative action related to rebates after case had been pending for 18 months and the plaintiff had recently rejected a six-figure settlement offer. After taking and defending key depositions, obtained summary judgment and dismissal of the case in just four months.
• Obtained summary judgment for retailer in an action for intentional interference with prospective economic advantage claim based upon allegations that it drove a competitor out of business by employing unfair business practices.
• Obtained dismissal at pleading stage of an attempted class action based upon allegations that retailer violated California UCL and false advertising statutes by falsely advertising goods sold in multiple units.
• Represented retailer in CLRA action involving allegations that the retailer sold used products as new. Obtained determination that CLRA cause of action lacked merit.
• Obtained dismissal at the pleading stage of a representative UCL and false advertising action brought by manufacturer of Voice Over Internet Phone ("VOIP") service. This action was one of the first superior court decisions to apply Proposition 64 retroactively.
• Represented retailer in an attempted UCL class action related to alleged violations of law concerning improper questions contained in employment application. Negotiated complete dismissal at the pleading stage at no cost to client.
• Represented bank and credit card issuer in an action for alleged violations of the Fair Credit Reporting Act. Obtained complete dismissal at the pleading stage.
• Obtained dismissal at the pleading stage of a representative UCL action based upon alleged sales of products containing hydrocarbons to minors.
• Represented retailers in numerous third-party subpoenas.

Labor and Employment

• Represented employer in a week-long employment arbitration where plaintiff claimed racial discrimination. Obtained complete defense verdict and cost award of several thousand dollars.
• Represented employer in a whistleblower and discrimination action filed by a former executive. Obtained a complete defense verdict and cost award after a three-day arbitration. Also successfully defended employer in the appeal of this action.
• Represented employer in racial discrimination and overtime pay action. After obtaining summary judgment on several claims, awarded complete defense verdict following a week-long arbitration.
• Represented employer in a discrimination and retaliation action. Obtained defense verdict after 10-day arbitration.
• Represented employer in an attempted class action lawsuit based upon allegations that its "use it or lose it" vacation policy violates California labor laws and UCL. After removing the action to federal court, obtained walk-away dismissal during the safe harbor period of a Rule 11 motion.
• Obtained dismissal of a national-origin discrimination action at the pleading stage. Also obtained order from the court declaring the plaintiff a vexatious litigant.
• Obtained dismissal of an action for wrongful termination in violation of public policy action at the pleading stage.
• Obtained dismissal of an action for wrongful termination and meal and rest period violations. Also obtained substantial monetary sanctions against plaintiff and his attorneys for their discovery abuses.
• Obtained dismissal of a national-origin discrimination action after eliciting several key admissions at plaintiff's deposition.

Intellectual Property

• Obtained seven-figure settlement for client in a trade secret misappropriation action involving client’s customer lists misappropriated by a former sales employee who was hired by a competitor.
• Obtained favorable settlement for Taiwanese LED manufacturer in patent infringement action.
• Represented Internet service provider in copyright action involving file-sharing software.

Publications

"Retail Update — California Court Of Appeal Holds That Retailers May Request Consumers' Personal Information As Part Of A Return Transaction" (May 2008)

"What Every In-House Legal Department Needs To Know About California's Consumer Legal Remedies Act" (February 1, 2008)

Previous Experience

Prior to joining Schiff Hardin, Mr. Henri was in-house counsel at Fry's Electronics, Inc. — a multi-billion dollar electronics retailer — where he successfully defended the company in 10 separate class or representative actions.

Education

Professional Memberships

State Bar of California