Brian Procel is one of the founding members of Miller Barondess. He was recognized as one of the “Top 20 Lawyers Under 40” in California by the Daily Journal.
Brian is known for his aggressive approach to litigation. He quickly determines the client’s objectives and then pursues them with a laser-focus. Brian is frequently substituted into cases to turn them around and prepare them for trial.
Brian has won significant victories during all phases of litigation in both state and federal court. He has prevailed in complex commercial disputes involving investor and consumer fraud, lender liability, class actions, intellectual property, entertainment and real estate.
Notable accomplishments include:
- Prevailed after a four-month trial on behalf of Landmark Dividend and LMRK, its publicly-traded affiliate. The plaintiff claimed he was entitled to lost profits relating to a renewable assets deal alleged to be worth more than $100 million. Brian substituted into the case after two years of unsuccessful litigation and quickly configured a winning strategy. Miller Barondess ultimately obtained a complete defense ruling on all claims.
- Prevailed at trial on behalf of a publicly-traded bank in an action where the plaintiffs sought more than $20 million in damages. The plaintiff brought claims for lender liability and fraud, alleging that the bank misrepresented key information during the lending process. Brian substituted into the case after several years of unsuccessful litigation. He obtained a complete defense ruling as to all claims and recovered attorney’s fees for his client.
- Won a unanimous jury verdict on behalf of East West Bank in a multi-party lender liability action. Miller Barondess substituted into the case for purposes of expert discovery and trial. This case was recognized by the Daily Journal as one of the “Top 10 Defense Verdicts” of the year. Brian also recovered attorney’s fees on behalf of his client.
- Prevailed at trial on behalf of SunCal, one of the largest real estate developers in the United States. SunCal sought lost profits and interest after the defendants breached an agreement to sell more than 600 acres of raw land. The defendants argued they did not breach and that they owed no damages because SunCal’s lost profits were speculative—California was experiencing one of the worst recessions in recent history and it was unclear whether SunCal would have profited by developing the land at issue. Brian secured an award of $6.3 million in lost profits and interest.
- Prevailed at trial on all claims on behalf of an heir to the Spencer Tracy estate in a breach of fiduciary duty action.
- Obtained a favorable settlement on behalf of Union Bank in a nationwide federal class action where the plaintiffs sought to recover more than $250 million lost in connection with the notorious Reed Slatkin Ponzi scheme.
- Prevailed on behalf of publicly-traded lender. Brian substituted into the case after the lender was found liable on 10 causes of action, including fraud. Brian successfully vacated the judgment and obtained a ruling ordering a new trial. The order granting a new trial was affirmed on appeal.
- Obtained summary judgment on behalf of East West Bank in a $50 million lender liability/fraud action, and recovered attorney’s fees for his client.
- Obtained summary judgment on behalf of the County of Los Angeles in connection with a taxpayer lawsuit involving a $64 million spending program.
- Obtained summary judgment on behalf of the County of Los Angeles in a retaliation lawsuit filed by County Counsel against the Board of Supervisors.
- Secured a dismissal with prejudice on behalf of notable producer Merv Adelson in a breach of contract action involving production of popular television series, and recovered attorney’s fees for his client.
- Currently representing liquidation trust against more than a dozen law firms and attorneys seeking in excess of $1 billion in damages relating to their alleged involvement in a Ponzi scheme.
- Currently defending the County of Los Angeles in the Katie A. class action involving widespread challenges to its foster care system, the largest in the country.
- Currently representing the trustee in breach of fiduciary duty action involving $100 million trust.
- Successfully resolved four related lawsuits on behalf of a medical group surrounding a $100 million acquisition of a subsidiary.
- Successfully resolved multiple lawsuits concerning $40 million investment in Coffee Bean franchise.
- Obtained favorable settlement on behalf of Mattel in trademark action.
- Defeated class certification and secured a dismissal with prejudice on behalf of Natrol, Inc., a multinational nutraceutical company, where the plaintiffs alleged that Natrol defrauded consumers in the advertising of its Carb-Intercept dietary supplements.
- Defeated class certification and secured a dismissal with prejudice in federal court on behalf of Natrol, where the plaintiffs alleged that Natrol defrauded consumers in the advertising of its L-Arginine dietary supplements.
- Obtained multi-million dollar judgment on behalf of a class of consumers against a nationwide moving company in a fraud action.
- Obtained multi-million dollar settlement on behalf of pharmacy. Brian successfully argued that the burden of proof should be shifted onto the defendant for purposes of trial. The case settled quickly thereafter on terms very favorable for Brian’s client.
- Obtained multi-million dollar settlement on behalf of client in legal malpractice action.
- Obtained multi-million dollar settlement on behalf of an India-based plaintiff in an international accounting malpractice action.
- Obtained multi-million dollar fraud judgment on behalf of New Zealand-based real estate fund, successfully navigated properties through receivership, and recovered attorney’s fees for his client.
- Obtained judgment on the pleadings on behalf of the County of Los Angeles relating to a taxpayer challenge of Measure A, a voter-approved initiative to raise $94 million per year for local parks.
- Represented Nextel in a nationwide class action involving early termination fees.
- Represented plaintiffs in a groundbreaking action against Thomas Jefferson School of Law—the first case against a law school for misrepresenting its employment statistics to prospective students.
- Successfully represented music and television artists including Rod Stewart, Nicole “Snooki” Polizzi, Bret Michaels and Meat Loaf.
- Settled federal lawsuits on favorable terms against two of the largest medical insurance carriers in the United States on behalf of a pro bono client with HIV who was being denied coverage.
Brian has received awards from the State Bar of California, the Los Angeles County Bar Association and Bet Tzedek Legal Foundation for his dedication to pro bono work. He has also been a “Rising Star” or “Super Lawyer” every year since 2008, a distinction given to less than 2.5 percent of attorneys in California. Brian received the Hon. Benjamin Arranda III Outstanding Public Service Award by the Los Angeles County Bar Association for pro bono work.
Prior to joining Miller Barondess, Brian was a litigation associate at Quinn Emanuel Urquhart & Sullivan, LLP.
Brian received his law degree 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.