Brian Wheeler leads the firm’s Intellectual Property and Data Security & Privacy team. His practice focuses on intellectual property, data security and privacy, and high-stakes complex commercial litigation and white collar defense and investigations. He has significant experience representing companies and organizations in intellectual property matters and all aspects of business litigation and pre-litigation counseling in myriad substantive areas of the law.
Mr. Wheeler’s intellectual property practice focuses on litigation in the areas of trademark, trade dress, copyright, trade secrets, and patent litigation. His data security and privacy practice focuses on CCPA compliance and litigation. He also regularly advises and represents clients in the area of employee mobility and unfair competition, with a particular emphasis on the intersection between intellectual property and employment law. Mr. Wheeler and his Intellectual Property Team also advise clients in trademark and copyright clearance, prosecution, policing, and licensing.
He also has experience in labor and employment litigation, including unfair labor practices and traditional labor disputes, wage and hour class actions, and PAGA. Mr. Wheeler also has significant experience in real property litigation, including wildfire litigation on behalf of major public utility companies in Northern and Southern California, and all types of business disputes for companies and partnerships of all sizes. He has gained unique litigation experience in the international shipping industry, representing international container shipping lines and major domestic marine terminal operators.
Mr. Wheeler regularly represents clients in both federal and state court, as well as in administrative hearings. He also has extensive alternative dispute resolution experience, including arbitrations and dozens of successful mediations.
Mr. Wheeler’s white collar and regulatory defense and investigations experience includes domestic and cross-border criminal investigations, civil enforcement actions, and regulatory investigations and litigation.
Prior to joining AALRR, Mr. Wheeler practiced at Quinn Emanuel Urquhart & Sullivan in Los Angeles for several years. He is also a licensed California real estate broker.
Honors & Recognitions
Mr. Wheeler has been named a“Rising Star” by Southern California Super Lawyers each year since 2017. Rising Stars are exceptional Southern California attorneys who are 40 years old or younger or who have been practicing law for ten years or less. They are selected based on peer evaluations and independent research regarding the attorneys’ professional achievements. Only 2.5 percent of attorneys are recognized as Rising Stars.
SPS Techs., LLC v. Briles Aerospace, Inc., 2019 WL 1974902 (C.D. Cal. Mar. 11, 2019)
City of San Buenaventura v. United Water Conservation Dist., 2019 WL 1009805 (Cal. Ct. App. Mar. 4, 2019)
- Hardy-Mahoney ex rel. NLRB v. Everport Terminal Services Inc., 2017 WL 1092325 (N.D. Cal. Mar. 23, 2017)
- Regents of the University of California v. Aisen, 2016 WL 4096078 (S.D. Cal. Apr. 22, 2016)
- United States v. One Gulfstream G-V Jet Aircraft, 304 F.R.D. 10 (D.D.C. 2014)
- Perkin v. San Diego Gas & Electric Company, 225 Cal. App. 4th 492 (2014)
- United States v. One White Crystal Covered Bad Tour Glove and Other Michael Jackson Memorabilia, 2012 WL 8455336 (C.D. Cal. Apr. 12, 2012) and 2013 WL 12196588 (C.D. Cal. June 20, 2013)
- Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597 (D. Nev. 2011)
- Mattel, Inc. v. MGA Entertainment, Inc., 782 F. Supp. 2d 911 (C.D. Cal. 2011)
News & Publications
Alerts & Articles
- New “Shelter-at-Home” Orders Issued by Seven Bay Area Counties Extend Restrictions through May 3 and Include New and Time-Sensitive “Social Distancing Protocol” Requirements for Essential Businesses04.01.2020
- Los Angeles County Issues “Safer at Home” Order; Cities of Los Angeles, Long Beach and Pasadena Follow Suit03.20.2020
- Does The COVID-19 Coronavirus Trigger The Force Majeure Clause in Your Commercial Contracts or Otherwise Excuse Performance By Either Party?03.13.2020
- Regularly Updated
- "A tale of three presumptions in trademark cases" (Daily Journal, 29 May 2018)
- "We haven't heard the last on trade dress precedent" (Daily Journal, 18 May 2018)
- "General Mills TTAB decision is not a pink slip for single-color trade dress" (Daily Journal, 18 April 2018)
- "The Pledge of Allegiance in the Classroom and the Court: An Epic Struggle over the Meaning of the Establishment Clause of the First Amendment," 2008 BYU EDUC. & L.J. 281
Mr. Wheeler's successful cases have been identified or covered in the following publications:
- “Inside the Michael Jackson Memorabilia Forfeiture Case,” The National Law Journal, October 14, 2014
- “U.S. Court Deals Blow to Forfeiture Case Against Obiang,” The Wall Street Journal Risk & Compliance Journal, May 9, 2014
- “U.S. Stymied Again In Seizure Action Over King Of Pop's Glove,” Law360, August 19, 2013
- “U.S. Suffers Blow In Seizure Case Over Michael Jackson Glove,” Law360, June 20, 2013
- “Michael Jackson Glove, Other Alleged Loot Not In US Hands Yet,” Law360, April 12, 2012
- Business Law Journal, 02.11.2020
- Supreme Court Unanimously Rules Patent and Trademark Office Cannot Recover Attorneys’ Fees in Section 145 District Court Challenges of Patent Denial DecisionsBusiness Law Journal, 12.16.2019
- Infringers Profits and Willfulness: Supreme Court Set to Resolve Circuit Split Regarding Trademark DamagesBusiness Law Journal, 10.24.2019
- Words Matter in Design Patents: Federal Circuit Rules that Claim Language Can Limit the Scope of a Design PatentBusiness Law Journal, 09.24.2019
- U.S. v. Connolly and the Importance of Independent Counsel When Cooperating with Government InvestigationsBusiness Law Journal, 09.03.2019
- Supreme Court Resolves Circuit Split and Rules Trademark Licensee Rights Survived Rejection of Trademark Licensing Agreement in BankruptcyBusiness Law Journal, 05.31.2019
- Supreme Court Rules a Copyright Must Be Registered By the Copyright Office Before a Copyright Owner Can Sue For InfringementBusiness Law Journal, 03.26.2019
- Business Law Journal, 06.06.2018
- Ninth Circuit Provides Guidance for Likelihood of Irreparable Harm in Trademark and Trade Dress Cases, But Questions Still Loom for the Role of Evidence of Likelihood of ConfusionBusiness Law Journal, 06.04.2018
- Don’t Wave the White Flag: The General Mills TTAB Decision Is Not a Pink Slip for Protection of Trade Dress that Includes ColorBusiness Law Journal, 06.01.2018
Community & Professional
- J. Reuben Clark Law Society, Los Angeles County Chapter, Member
J.D., magna cum laude, Brigham Young University, J. Reuben Clark Law School,
BYU Law Review: Lead Note and Comments Editor
B.A., Brigham Young University
- 2009, California
U.S. Court of Appeals, Ninth Circuit
U.S. District Court, Northern District of Illinois
U.S. District Courts, Central, Eastern, Northern, and Southern Districts of California