Overview
Brian Featherstun is an attorney in the Employment Law practice of Paul Hastings based in the firm’s San Francisco office. He is a trial lawyer, whose practice focuses on developing effective, efficient, and jury-friendly strategies on matters ranging from routine disputes to “bet the company” litigation.
Mr. Featherstun specializes in defending high-stakes single plaintiff matters, litigating employee mobility and trade secret disputes (as both plaintiff and defendant), representing employers against accusations of misconduct by supervisors and senior executives, and defending large-scale class and collective actions, including under California’s Private Attorneys General Act. He has also tried to verdict cases involving a variety of other topics, such as patent claims, First Amendment and defamation issues, and damages caused by employees in course and scope of their employment. Similarly, he has successfully handled accusations of corporate restriction of employee speech and other protected conduct, indemnification disputes between employers and employees, false advertising issues, claims of copyright infringement, and represented institutions of higher learning in cases involving Title IX, among any number of other issues.
Mr. Featherstun’s wide-ranging experience has led to him routinely being asked to handle particularly complex matters or to step into cases on the eve of trial. He has significant experience running all aspects of litigation, from pre-filing analyses through trial and post-verdict enforcement and appeals.
Outside of the courtroom, Mr. Featherstun has a robust counseling practice, advising employers on best practices to mitigate exposure or avoid litigation altogether. He counsels clients on all aspects of employment law, including employee mobility, trade secret and restrictive covenants, discrimination, retaliation, harassment, wage and hour disputes, and many other issues.
Recognitions
- Super Lawyers, Rising Star for Employment Litigation: Defense (2022)
- Best Lawyers In America: Ones to Watch (2022-present)
Education
- UCLA School of Law, J.D., 2013
- U.C. Santa Barbara, B.A., 2008
- First Team All-Conference, Collegiate Water Polo Association (2007)
Representations
- Lead trial counsel in single plaintiff case in state court. Plaintiff simultaneously alleged multiple theories of liability, including ethnic origin and disability discrimination. The case settled favorably on the eve of trial.
- Second chair trial counsel in employee mobility and trade secret matter in case involving a leading cryptocurrency hedge fund. After a five-week bench trial, the case is currently awaiting a verdict.
- Second chair trial counsel in sexual harassment case brought against a well-known university. Defended the case from inception, as opposing counsel consistently sought to litigate the case in both the press and the courtroom. Negotiated a favorable settlement on the proverbial courthouse steps the night before voir dire and opening statements were set to begin for an amount significantly below what was at-issue.
- Lead associate in three-week defamation trial against a major broadcasting company based on employee’s use of company social media account. After deliberating for four hours, the jury returned a favorable verdict for the company.
- Lead associate on a one-week trial alleging damages caused by employee in the course and scope of employment. Liability was not contested. After deliberating for less than three hours, the jury returned a favorable verdict for the company, well below the amount offered to settle prior to trial.
- Obtained summary judgment on behalf of a prominent consulting entity in case involving novel issues relating to indemnification under Labor Code section 2802.
- Second chair trial counsel in multi-plaintiff age discrimination case brought in federal court against a leading financial and insurance institution. Paul Hastings was retained as trial counsel and after expert depositions concluded and pre-trial filings were submitted, the case settled favorably on the eve of trial.
- Second chair trial counsel in certified class action in federal court brought against a Fortune 500 company. The action was the first of 12 identical cases to proceed to trial as a type of “bellwether” proceeding. Obtained dismissal with prejudice of all claims on the eve of trial, and defended the district court’s decision on appeal. The Ninth Circuit affirmed the district court’s decision, and denied a petition for rehearing en banc. The decision was widely reported in the legal press as a significant win for companies facing class action claims in California.
- Second chair trial counsel in age discrimination case brought by a medical professional against a coalition of medical providers. On the eve of trial, negotiated a walkaway dismissal, with the plaintiff agreeing to dismiss all claims with prejudice in exchange for a release from the employer of cross-claims the employer had brought against the employee.
- Lead associate on parallel claims brought under California’s Private Attorneys’ General Act, alleging novel theories relating to purported restrictions of employee speech in company policies. Obtained multiple successful rulings on key issues, including defeating opposing party’s bid for summary judgment, before ultimately negotiating favorable resolution of both cases.
- Co-authored amicus brief to the California Court of Appeal in a case involving novel issue relating to unlimited, non-accrual vacation policies, which was cited favorably by the panel on key issues.
- Successfully defeated bid for preliminary injunction against a major technology company in a case alleging novel theories of liability. Decision appears to have been the first in the state to consider the issue.
- Negotiated a walkaway dismissal on behalf of leading consulting company in case alleging harassment of an employee by a supervisor, with the plaintiff agreeing to a dismissal of all claims against the employer, with prejudice.
Engagement & Publications
- “Smartphones, Tablets, and Other Devices in the Workplace,” Multi-state CLE, June 2023
- “PAGA: Past, Present and Future,” Paul Hastings LLP Annual MCLE, February 2023
- "DOL's New Overtime Rule is a Mixed Bag for Employers," Law360, March 2019