Bryan H. Heckenlively

Experience

Higher Education

Mr. Heckenlively represents higher education clients in cutting-edge matters in areas ranging from academic affairs to athletics to healthcare. He is a go-to lawyer on challenging litigation and non-litigation problems related to the First Amendment and federal civil rights laws and has also handled numerous matters related to the evolving landscape of college athletics. His notable matters include:

• Serving as lead counsel for the California State University system in nationally watched litigation related to an alleged transgender student-athlete on the San Jose State University women’s volleyball team. Mr. Heckenlively and a Munger Tolles team defeated an emergency preliminary injunction motion that sought to upend national rules allowing transgender student-athletes to play.
• Leading representations of multiple higher education clients in matters related to the current wave of campus protests arising from the events in Israel and Gaza after October 7, 2023. These representations include:
  • Defending UC Berkeley and University leaders against high-profile litigation filed by the Brandeis Center for Human Rights Under Law, on behalf of Jewish students and faculty members who challenge UC Berkeley’s handling of campus protest activity and alleged antisemitism after October 7, 2023.
  • Defending UCLA and University leaders against litigation filed by the ACLU of Southern California on behalf of students and faculty members associated with a pro-Palestine encampment at UCLA in spring 2024.
  • Multiple confidential advisory matters and regulatory matters involving the U.S. Department of Education, Office of Civil Rights.
• Winning a motion to dismiss for the University of California in a first-of-its kind litigation challenging the use of DEI contribution statements in faculty hiring as unconstitutional. This case has been covered in national publications, including The New York Times and The Atlantic.
• Obtaining a $67 million settlement for UCLA as lead counsel in a dispute with Under Armour related to Under Armour’s attempt to cancel its record-setting sponsorship agreement with UCLA based on the claim that the COVID-19 pandemic was a force majeure In a separate matter, Mr. Heckenlively represented UCLA in obtaining a settlement with the Pac-12 Conference and the San Diego Bowl Game Association in a lawsuit contending that UCLA’s football team had improperly withdrawn from the 2021 Holiday Bowl game due to COVID exposure.
• Representing the 10 schools departing the Pac-12 Conference (Arizona, Arizona State, Cal, Colorado, Oregon, Stanford, UCLA, USC, Utah, and Washington) in litigation with the two remaining members and the Pac-12 related to athletic conference realignment, Pac-12 revenues, and Pac-12 governance.
• Serving as lead counsel in successfully narrowing and resolving a series of high-profile matters beginning in 2017 and 2018 related to allegations that UC Berkeley and UCLA did not sufficiently protect conservative speech or speakers.
• Serving as lead counsel for the University of California in litigation related to a proposed policy to provide campus employment to undocumented students.
• Representing the University of California in litigation challenging the continued use of the SAT and ACT as discriminatory.
• Winning a significant Public Records Act decision for the University of California as lead counsel in a novel lawsuit by Richard Sander seeking access to a set of confidential applicant and student data that would have enabled identifying student performance by race, ethnicity, and other factors.
• Winning a jury verdict as lead trial counsel in favor of UCLA Health System, which had been accused of negligently releasing medical records in violation of California’s Confidentiality of Medical Information Act.

Commercial and Privacy Litigation

In addition to his work in the higher education space, including the commercial and privacy disputes in that area described above, Mr. Heckenlively maintains an active commercial litigation practice for clients in other industries, including financial services and technology. His key representations in this category include:

• Serving as lead trial counsel for Wells Fargo, in obtaining a unanimous jury verdict in a case alleging breach of contract and statutory privacy claims. The Daily Journal recognized that as a “Top Verdict of 2020.”
• Currently representing Stockbridge and Wilson Meany in a commercial dispute with a former development partner related to the redevelopment of former Naval Station Treasure Island in San Francisco Bay.
• Currently serving as lead counsel for a major fintech company in a novel dispute initiated by users who are attempting to use a blockchain-based entity to avoid their agreements to arbitrate.
• Obtaining dismissals of two putative Video Privacy Protection Act class actions involving the WatchESPN and Disney apps for the Roku device. The Ninth Circuit affirmed the decision in the ESPN case in a precedential opinion.
• Representing HTC in a multidistrict litigation proceeding alleging that the installation and use of Carrier IQ software on smartphone devices violates the federal Wiretap Act, Stored Communications Act, Computer Fraud and Abuse Act and other laws. The court dismissed key claims against HTC following a motion to dismiss, and the case then resolved on favorable terms.
• Serving as trial counsel for a biotechnology company in obtaining a favorable settlement of a major dispute with a large biopharmaceutical company related to development and commercialization of an oncology drug.

Employment and Employee Mobility Litigation

Mr. Heckenlively also advises clients on their most sensitive employment and employee mobility issues and litigates and takes those matters to trial when necessary to achieve clients’ goals. His representations in this area include:

• Representing PayPal in a variety of confidential and pre-litigation matters related to incoming and outgoing executives and other employees.
• Serving as lead counsel for a major financial institution in winning an arbitration in 2023 against a former employee asserting whistleblower retaliation and other claims related to his employment.
• Winning summary judgment for a major financial institution in a whistleblower retaliation case against its former head of foreign exchange trading. The Daily Journal recognized this win as a “Top Verdict of 2023.”
• Serving as lead counsel for Morgan Stanley in obtaining a unanimous arbitration award requiring a former employee to repay an outstanding promissory note in full, plus interest and attorneys’ fees, and rejecting $9 million in counterclaims.
• Representing a major international contractor in obtaining a complete defense victory against a certified class following a nearly three-month arbitration hearing. The Daily Journal recognized that as a “Top Verdict of 2015.”
• On behalf of Amgen, successfully compelling arbitration and obtaining a favorable settlement on claims brought by a former senior executive.
• Winning summary judgment as lead counsel for California State University in two cases involving alleged First Amendment retaliation at San Francisco State related to conflict between pro-Israel and pro-Palestine groups on campus.
• Defeating a motion for preliminary injunction and then obtaining a favorable settlement of a lawsuit brought by a San Jose State faculty member who was disciplined for inappropriate handling of Native American remains and artifacts.
• Representing the University of California in a variety of employment-related matters:
  • Serving as lead counsel in obtaining summary judgment on whistleblower retaliation claims brought by a senior administrator at UCLA Health.
  • Trying a whistleblower retaliation case at UC Irvine to verdict before a jury.
  • Defeating a preliminary injunction motion filed by the former dean of the UC Berkeley School of Law seeking to block his sexual-harassment disciplinary proceedings.
  • Prevailing on summary judgment in a lawsuit filed by a senior UC Berkeley faculty member, who had been disciplined for alleged sexual misconduct.

Pro Bono and Community Involvement

Mr. Heckenlively is also committed to pro bono work and community organizations. He currently represents Native American students in a highly publicized case against the federal government seeking to obtain access to education. Public Counsel has named Munger, Tolles & Olson the recipient of the 2023 Law Firm Pro Bono Award in recognition of the firm’s work on that case.

He has also represented public health organizations opposing a Florida law preventing physicians from discussing firearm safety with their patients. Mr. Heckenlively has served on the boards of a number of bar associations and legal services organizations.

News

Speaking Engagements

National Association of College and University Attorney (NACUA) annual conference, “Free Speech Under Scrutiny (Again!),” June 2024