Brian D. Martin

Brian Martin is an accomplished business and employment litigator and trial and appellate attorney with more than 20 years of experience representing clients in the private sector. Mr. Martin focuses on finding the most advantageous solutions to legal issues for his clients through negotiation, strategic problem solving, and—if necessary—litigation.

Mr. Martin’s business litigation practice focuses on private company disputes involving ownership, fiduciary obligations, and issues related to corporate governance. He also represents clients in the defense and prosecution of commercial breach of contract and business tort claims against other businesses and individuals, as well as intellectual property disputes and environmental litigation. Mr. Martin has also represented companies—particularly financial institutions—in class action lawsuits and other complex litigation primarily involving unfair competition claims.

Mr. Martin’s employment litigation practice primarily involves representing employers in class action lawsuits and other representative actions usually involving wage and hour and other employment practices. He also represents companies and individuals on employee mobility restrictions and trade secret misappropriation, as well as defending against employee claims regarding discrimination, harassment, and retaliation, including at trial.

Prior to joining AALRR, Mr. Martin was the local litigation section leader for an Am Law 100 law firm. For his entire legal career, Mr. Martin has devoted substantial time to representing clients in a pro bono capacity, including an individual in a Habeas Corpus raising constitutional issues, political asylum seekers, and the representation of an at-risk youth boxing gym in connection with a redevelopment agency’s action that put the gym’s property at risk.

Honors & Recognitions

Mr. Martin has been recognized by his peers in The Best Lawyers in America^® in the area of Commercial Litigation (2022-2023), and in Super Lawyers of San Diego, by Super Lawyers^® in the area of Business Litigation (2013-2023). He has also received the Wiley W. Manuel Award for Pro Bono Legal Services multiple times in his career.

• Won a favorable defense verdict from a Los Angeles jury after a three-week trial on behalf of a health care provider against a management employee alleging claims of disability discrimination, and wrongful termination
• Prevailed on summary adjudication in a wage and hour class action lawsuit against a social services company involving a novel challenge to a unique wage order exception
• Attained summary judgment on behalf of a property owner of an effort to overturn a grant of the of the property almost two decades earlier
• Secured a denial of class certification in a wage and hour class action lawsuit against 18 restaurant franchises
• Successfully prosecuted a trademark and Lanham Act unfair competition dispute against the competitor of an electronics product company, including obtaining a permanent injunction, a finding of contempt, and obtaining court-ordered sanctions for the client
• Disposed of a class action lawsuit against a National Bank regarding ATM deposit transactions through summary judgment of the originally named-plaintiff’s claims who intentionally engaged in transactions to bring the lawsuit (McLay v. Wells Fargo Bank, 2013 WL 1223649 [unpublished decision]
• Won an order after a five-day trial in San Diego on behalf of an at-risk youth boxing gym landowner against a city and redevelopment agency that action taken by city violated the Community Development Law and that the city violated the Public Records Act; obtained a published decision from the Court of Appeal affirming the decision (Community Your Athletic Center v. City of National City (2013) 220 Cal.App.4th 1385)
• Obtained a published decision on behalf of a National Bank finding that an attorney fee award for Plaintiffs’ counsel following settlement of an unfair competition claim not only should not have been increased but should have been decreased based upon duplicative and superfluous litigation (Thayer v. Wells Fargo Bank (2001) 92 Cal.App.4th 819)
• Won a defense non-suit following a three-week jury trial in San Diego on behalf of a professional services firm regarding allegations of conspiring to oust a company founder; following affirmance on appeal, the court also granted a 6-figure attorney award in favor of the client (Sagi v. Unwired Express, 2005 WL 383711 [unpublished decision]

Practice Areas

Community & Professional

• Former associate member of the Louis M. Welsh Inn of Court
• Former barrister of the Clifford J. Wallace Inn of Court
•  Former member of the Board of Governors for the San Diego chapter of the Association of Business Trial Lawyers