Partner
University of California, Berkeley, School of Law – Boalt Hall, J.D.
University of California, Berkeley, B.A.

tel. 310-552-5235
bprocel@millerbarondess.com
Download vCard

Brian Procel was recently recognized as one of the top 20 young attorneys in California by the Daily Journal. He has also been a “Rising Star” every year since 2008, a distinction given to less than 2.5 percent of attorneys in California.

Brian has extensive experience prosecuting and defending actions in both state and federal court. He has litigated and prevailed in cases involving a wide variety of issues, including investor and consumer fraud, intellectual property, entertainment, bankruptcy, real estate, labor and employment, government contracts, and civil rights.

Notable accomplishments include:

• Prevailed as lead trial counsel in a real estate dispute involving a $12,500,000 purchase agreement. The jury awarded his client $4,700,000 in lost profits after a three-week trial;

• Currently representing the plaintiffs in a $50,000,000 class action filed against the law school they attended for allegedly misrepresenting their employment statistics;

• Won a unanimous jury verdict on behalf of a publicly traded bank in a multi-million dollar lender liability action, and then successfully argued an attorney’s fees motion where the court awarded $2,500,000 to his client. This case was recognized by the Daily Journal as a “Top 10 Defense Verdict” in California in 2008;

• Secured a dismissal with prejudice on behalf of a notable television producer in a breach of contract action where the plaintiff sought more than $1,500,000 in damages, and Brian recovered $150,000 in attorney’s fees for his client;

• Obtained a $6,000,000 judgment on behalf of a class of consumers against a nationwide moving company in an action for violations of the California Commercial Code;

• Won a judgment in the amount of $3,300,000 for fraud on behalf of a financial institution based in New Zealand, as well as an attorney’s fees award of $800,000;

• Obtained a dismissal with prejudice on behalf of a Fortune 200 cellular services provider in an unfair competition representative action;

• Secured a dismissal with prejudice in an action where the plaintiff sought more than $1,000,000 in damages relating to an international consulting agreement;

• Prevailed in a jury trial representing an heir to the Spencer Tracy estate in a breach of fiduciary duty action. The jury awarded the plaintiff just $2.00 on claims totaling more than $3,000,000;

• Obtained a favorable settlement on behalf of a financial institution in a nationwide federal class action where the plaintiffs sought to recover more than $250,000,000 lost in a Ponzi scheme;

• Successfully moved to dismiss a Chapter 11 bankruptcy action, even though the debtor listed more than $10,000,000 in creditor claims on its bankruptcy schedules;

• Secured a dismissal with prejudice in a preference action that sought to set aside more than $4,300,000 in payments that were allegedly made when his client was insolvent;

• Successfully represented two women in a well-publicized sexual harassment action against a notable Hollywood actor;

• Won a complete defense verdict in a pro bono trial on behalf of a tenant who failed to pay rent for more than one year; and

• Drafted a successful protest on behalf of a national advertising agency involved in a competitive bid for a $100,000,000 government contract.

Brian formerly served as outside general counsel to two companies: a multinational corporation engaged in the development and distribution of alternative energy, and a company that provides behavioral therapy to disabled children. He has experience advising companies on issues ranging from corporate formation to labor and employment law. Brian has received awards from the California State Bar and Bet Tzedek Legal Foundation for dedication to pro bono work.

Prior to joining Miller Barondess, Brian was a litigation associate at Quinn Emanuel Urquhart & Hedges, LLP.

Brian received his Juris Doctorate from the University of California at Berkeley (Boalt Hall) in 2001. He graduated Phi Beta Kappa from the University of California, Berkeley, where he received a Bachelor’s Degree in Political Science.