Brian Wheeler's practice focuses on high-stakes, complex commercial litigation and white collar defense and investigations. He has significant experience representing private companies and organizations in all aspects of business litigation and pre-litigation counseling in myriad substantive areas of the law.
In particular, Mr. Wheeler is an experienced litigator in intellectual property matters and lead’s the firm’s Intellectual Property Litigation Team. His intellectual property practice focuses on trademarks, trade dress, copyright, trade secrets, and design patent litigation. He also regularly advises client in the area of competition and employee mobility, with an emphasis on the intersection between intellectual property and employment law.
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 defense and internal investigations experience includes domestic and cross-border criminal investigations and civil enforcement actions.
Prior to joining AALRR, Mr. Wheeler practiced at Quinn Emanuel Urquhart & Sullivan in Los Angeles for more than seven years. He is also a licensed California real estate broker.
Honors & Recognitions
Mr. Wheeler was named a 2017 and 2018 “Rising Star” by Southern California Super Lawyers. 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.
- 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
- "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
- 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., Brigham Young University, J. Reuben Clark Law School, magna cum laude
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