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Profile Picture

Bradley J. Hamburger

Bradley
Hamburger

Partner

CONTACT INFO

bhamburger@gibsondunn.com

TEL:+1 213.229.7658

FAX:+1 213.229.6658

Los Angeles

333 South Grand Avenue, Los Angeles, CA 90071-3197 USA

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PRACTICE

Class Actions Appellate and Constitutional Law Insurance and Reinsurance Labor and Employment Law Firm Defense Litigation Transnational Litigation

BIOGRAPHY

Bradley J. Hamburger is a litigation partner in the Los Angeles office of Gibson, Dunn & Crutcher.  His practice focuses on class actions and complex litigation in both trial courts and on appeal.  He is a member of the firm’s Class Actions, Appellate and Constitutional Law, and Labor and Employment practice groups.

Mr. Hamburger has represented clients in class actions and appeals across many areas of law, including employment, insurance, antitrust, consumer fraud, products liability, legal malpractice, and administrative law. He has briefed dozens of appeals, including cases in the United States Supreme Court, the Ninth Circuit, and the California Supreme Court, and has argued before the Ninth Circuit and the California Court of Appeal.

Mr. Hamburger has significant expertise in seeking interlocutory appellate review of class certification orders under Federal Rule of Civil Procedure 23(f), obtaining enforcement of arbitration agreements, and defending clients against representative actions under California’s Labor Code Private Attorneys General Act. Mr. Hamburger also regularly represents technology companies, and he has substantial experience litigating the application of Section 230 of the Communications Decency Act.

In 2022, Law360 recognized Mr. Hamburger as a Rising Star in the Class Action category; BTI Consulting Group included him on its Client Service All-Stars list; and the Los Angeles Business Journal named him to its “Thriving In Their 40’s: LA’s Leaders of Influence” list.  The Daily Journal named Mr. Hamburger as one of the top 40 lawyers in California under 40 in 2021. Mr. Hamburger also was part of the team that obtained one of the Daily Journal’s Top Appellate Reversals of 2021, Magadia v. Wal-Mart Associates, Inc., 999 F.3d 668 (9th Cir. 2021).

Recent Representative Matters Include:

  • Obtained significant victory from the United States Supreme Court in action seeking over $20 billion in damages. Comcast Corp. v. Nat’l Ass’n of Afr. Am.-Owned Media, 140 S. Ct. 1009 (2020).
  • Secured affirmance from the Ninth Circuit of the denial of class certification in an insurance class action. Lara v. First Nat’l Ins. Co. of Am., 25 F.4th 1134 (9th Cir. 2022).
  • Defeated motion for class certification and then a complete victory at trial in an employment misclassification action. Ortiz v. Amazon.com LLC, 2022 WL 1598968 (N.D. Cal. 2022).
  • Successfully argued opposition to class certification motion in an employment class action. Mabanta v. Prime Now LLC, 2022 WL 1601415 (N.D. Cal. 2022).
  • Secured a new trial in a dispute with a former motor vehicle franchisee after a jury had awarded $256 million in damages, and affirmance of that ruling from the California Court of Appeal. Nissan Motor Acceptance Cases, 63 Cal. App. 5th 793 (2021).
  • Obtained review from the Fourth Circuit of an order granting class certification in an antitrust class action, and then vacatur of the order. In re Zetia (Ezetimibe) Antitrust Litig., 7 F.4th 227 (4th Cir. 2021).
  • Secured affirmance from the California Court of Appeal of dismissal of claims under Section 230 of the Communications Decency Act. Does #1-50 v. Salesforce.com, Inc., 2021 WL 6143093 (Cal. Ct. App. 2021).
  • Obtained review from the Ninth Circuit of an order granting class certification in an employment class action, and then reversal of the order. Mays v. Wal-Mart Stores, Inc., 804 F. App’x 641 (9th Cir. 2020).
  • Secured affirmance from the California Court of Appeal of a summary judgment ruling in a complex business dispute. Monster, LLC v. Beats Elecs., LLC, 2020 WL 5014610 (Cal. Ct. App. 2020).

Mr. Hamburger was a key member of both the trial and appeal teams in Chevron’s successful RICO action against a U.S. lawyer who was found to have fraudulently procured a multi-billion-dollar judgment against Chevron from an Ecuadorian court. After a seven-week bench trial in the Southern District of New York, the trial judge issued a 485-page decision in Chevron’s favor, the Second Circuit affirmed in full, and the Supreme Court denied certiorari. Chevron Corp. v. Donziger, 974 F. Supp. 2d 362 (S.D.N.Y. 2014), aff’d, 833 F.3d 74 (2d Cir. 2016), cert. denied, 137 S. Ct. 2268 (2017).

Mr. Hamburger’s publications include Article III Standing and Absent Class Members, 64 Emory L.J. 383 (2015) (with Theane Evangelis), and Three Myths About Wal-Mart Stores, Inc. v. Dukes, 82 Geo. Wash. L. Rev. Arguendo 45 (2014) (with Theodore J. Boutrous, Jr.). He also co-authored two chapters in the Third Edition of the American Bar Association’s A Practitioner’s Guide to Class Actions (2021), including the chapter on interlocutory appeals. He also routinely speaks at conferences on class actions and employment law.

Mr. Hamburger graduated cum laude from Harvard Law School in 2009. While at Harvard he served as co-Editor-in-Chief of the Harvard Journal of Law & Technology and was a member of the Board of Student Advisers. He graduated with honors from the University of California, Berkeley in 2004.

Prior to joining the firm, Mr. Hamburger served as a law clerk to the Honorable James V. Selna in the United States District Court for the Central District of California.

Mr. Hamburger is a member of the Board of Directors of the Friends of the Los Angeles County Law Library. Before entering law school, Mr. Hamburger taught middle school mathematics in New York City as a Teach for America corps member.

EDUCATION

Harvard University - 2009 Juris Doctor

University of California - Berkeley - 2004 Bachelor of Arts

ADMISSIONS

California Bar

RECENT PUBLICATIONS

Client Alert - June 2, 2023 | Supreme Court Holds That False Claims Act Scienter Turns On Defendant’s Knowledge And Subjective Beliefs
Client Alert - June 1, 2023 | Supreme Court Holds All Plaintiffs Suing Under Section 11 of the Securities Act of 1933 Must Show They Bought Registered Shares
Client Alert - June 1, 2023 | Supreme Court Holds That The National Labor Relations Act Does Not Preempt Tort Claims Against Union For Destruction Of Property
Client Alert - May 25, 2023 | Supreme Court Adopts “Continuous Surface Connection” Test For Whether Wetlands Are Covered By The Clean Water Act
Client Alert - May 18, 2023 | Supreme Court Rejects Antibody Drug Patent, Clarifies Patent “Enablement” Requirement
Client Alert - May 18, 2023 | Supreme Court Holds New Meaning Alone Is Not Sufficient For The Fair Use Defense
Client Alert - May 18, 2023 | Supreme Court Rejects Allegations That Social-Media Companies Did Not Do “Enough” To Block Terrorist Content But Declines To Address Scope Of Section 230
Client Alert - May 11, 2023 | Supreme Court Rejects Dormant Commerce Clause Challenge To California Law Restricting Sale Of Pork Based On Conditions In Which Pigs Are Raised
Client Alert - May 11, 2023 | Supreme Court Rejects “Right-to-Control” Theory And Reaffirms That The Federal Fraud Statutes Reach Only Traditional Property Interests
Client Alert - May 11, 2023 | Supreme Court Overturns Wire Fraud Conviction of Private Citizen Under Honest-Services Theory After Holding That The Jury Instructions Given Were Too Vague
Client Alert - May 8, 2023 | First Quarter 2023 Update on Class Actions
Client Alert - April 14, 2023 | Supreme Court Holds That Federal District Courts Have Jurisdiction To Hear Structural Challenges To FTC And SEC
Client Alert - February 28, 2023 | Supreme Court Holds That Bank Secrecy Act Imposes Single Penalty For Nonwillful Failure To File Timely, Accurate Annual Report Of Foreign Bank And Financial Accounts
Client Alert - February 22, 2023 | In Fair Labor Standards Act Case, Supreme Court Holds That Employees Paid A Daily Rate Are Not Compensated On A “Salary Basis”
Firm News - February 17, 2023 | Three Gibson Dunn Cases Named Top Verdicts of 2022
Client Alert - February 17, 2023 | Ninth Circuit Holds That the Federal Arbitration Act Preempts California’s Attempt to Criminalize Employment Arbitration Agreements
Client Alert - January 26, 2023 | Year-End and Fourth Quarter 2022 Update on Class Actions
Firm News - December 19, 2022 | Brad Hamburger and Katherine Smith Named Among Leading Professionals in Los Angeles
Client Alert - October 31, 2022 | Third Quarter 2022 Update on Class Actions
Client Alert - July 28, 2022 | Second Quarter 2022 Update on Class Actions
Client Alert - June 30, 2022 | Supreme Court Upholds Limits On Environmental Protection Agency’s Authority To Shift Sources Of Energy Production
Client Alert - June 15, 2022 | Supreme Court Holds That The Federal Arbitration Act Requires Enforcement Of Agreements To Arbitrate Individual Claims Under California’s Labor Code Private Attorneys General Act
Client Alert - June 13, 2022 | Supreme Court Holds That Parties To Private Foreign Or International Arbitrations Cannot Seek Discovery Assistance From U.S. Courts
Client Alert - June 6, 2022 | Supreme Court Holds That Airline Cargo Loaders Are Exempt From The Federal Arbitration Act
Firm News - June 1, 2022 | Law360 Names Four Gibson Dunn Partners as 2022 Rising Stars
Client Alert - May 23, 2022 | Supreme Court Holds Prejudice Not Required To Show Party Waived Right to Arbitrate
Client Alert - April 28, 2022 | First Quarter 2022 Update on Class Actions
Client Alert - April 28, 2022 | Supreme Court Holds That Damages For Emotional Distress Are Categorically Unavailable In Discrimination Actions Against Recipients Of Federal Financial Assistance
Client Alert - April 21, 2022 | Supreme Court Holds That Late Petitions For Review Of IRS Collection Due Process Determinations Are Subject To Equitable Tolling
Client Alert - April 21, 2022 | Supreme Court Holds That Regulation Applying Different Rules To Off-Premises Advertisements Is Content Neutral
Client Alert - April 11, 2022 | Ninth Circuit Issues Important En Banc Opinion Regarding Class Certification Issues
Client Alert - March 31, 2022 | Supreme Court Limits Federal Jurisdiction To Confirm Or Vacate Arbitral Awards
Client Alert - February 24, 2022 | Supreme Court Holds That A Mistake Of Law Can Excuse An Inaccurate Copyright Registration
Firm News - February 11, 2022 | Three Gibson Dunn Cases Named Top Verdicts of the Year 2021
Firm News - February 10, 2022 | Nine Partners Named 2022 BTI Client Service All-Stars
Client Alert - January 28, 2022 | California Supreme Court Adopts New Standard for Whistleblower Retaliation Claims
Client Alert - January 27, 2022 | Year-End and Fourth Quarter 2021 Update on Class Actions
Client Alert - January 24, 2022 | Supreme Court Holds That Investor Choice Does Not Categorically Preclude ERISA Claims For Breach Of Fiduciary Duty
Client Alert - January 13, 2022 | Supreme Court Stays OSHA Vaccine-Or-Testing Mandate
Client Alert - November 2, 2021 | Third Quarter 2021 Update on Class Actions
Client Alert - September 15, 2021 | California Court of Appeal Confirms That Trial Courts Have the Authority to Strike PAGA Claims That Are Unmanageable
Client Alert - September 10, 2021 | California Supreme Court Reinforces Strong Presumption Against Liability for Companies Hiring Independent Contractors Based on Injuries to Contract Workers
Client Alert - August 23, 2021 | Second Quarter 2021 Update on Class Actions
Firm News - July 28, 2021 | Bradley Hamburger Named a Top Lawyer Under 40 in California
Article - July 27, 2021 | Breaking the Legal Paralysis: Combatting California’s Homelessness Crisis After Martin v. City of Boise
Client Alert - July 16, 2021 | California Supreme Court Announces New Formula for Calculating Premium Payments for Failures to Provide Meal Periods or Rest Breaks
Client Alert - July 1, 2021 | Supreme Court Holds That California’s Donor Disclosure Law Violates The First Amendment
Client Alert - June 29, 2021 | Supreme Court Upholds, But Limits, The Doctrine Of Patent Assignor Estoppel
Client Alert - June 29, 2021 | Supreme Court Holds That Private Parties Can Sue States To Seize State Property Along Federally Approved Pipeline Routes
Client Alert - June 25, 2021 | Supreme Court Upholds Broad Eligibility For Small Refineries Seeking Hardship Exemptions From Compliance With The EPA’s Renewable Fuel Standards
Client Alert - June 25, 2021 | Supreme Court Holds That Article III Requires All Class Members To Prove An Injury In Fact To Recover Damages
Client Alert - June 23, 2021 | Supreme Court Holds Federal Housing Finance Agency’s Structure Unconstitutional; Remands For Further Proceedings On Appropriate Remedy
Client Alert - June 21, 2021 | Supreme Court Tells Second Circuit To Clarify Securities Class Certification Ruling, And Holds That Defendants Have The Burden Of Persuasion In Rebutting The Basic Presumption
Client Alert - June 21, 2021 | Supreme Court Holds That Sherman Act Bars NCAA From Limiting Education-Related Benefits For Student-Athletes
Client Alert - June 21, 2021 | Supreme Court Holds That The Constitution Requires Administrative Review of PTAB Decisions
Client Alert - June 17, 2021 | Supreme Court Limits Extraterritorial Reach Of The Alien Tort Statute
Client Alert - June 17, 2021 | Supreme Court Rejects A Challenge To The Affordable Care Act’s Individual Mandate Because Plaintiffs Have No Standing
Client Alert - June 17, 2021 | Supreme Court Holds That The First Amendment Prohibits Philadelphia From Requiring Catholic Foster-Placement Agency To Certify Same-Sex Couples As Foster Parents
Article - June 7, 2021 | A modest proposal: Amend FRAP to permit reply briefs in support of petitions for permission to appeal
Client Alert - June 3, 2021 | Supreme Court Narrows Scope Of Computer Fraud and Abuse Act, Holding It Does Not Prohibit Accessing Otherwise Available Information For An Improper Purpose
Client Alert - May 17, 2021 | Supreme Court Confirms That Appellate Courts Have Broad Authority To Review Entirety Of Appealable Remand Orders
Client Alert - May 17, 2021 | Supreme Court Holds That Anti-Injunction Act Does Not Bar Pre-Enforcement Challenges To Reporting Mandates Backed By Both Tax Penalties And Criminal Punishment
Client Alert - April 28, 2021 | First Quarter 2021 Update on Class Actions
Client Alert - April 22, 2021 | Supreme Court Restricts Power Of The Federal Trade Commission To Seek Monetary Relief In Courts
Client Alert - April 5, 2021 | Supreme Court Holds That Google’s Use Of Oracle’s Java Software Interface Is Fair Use
Client Alert - April 1, 2021 | Supreme Court Holds That FCC Permissibly Relaxed Media Ownership Limits
Client Alert - April 1, 2021 | Supreme Court Declines To Extend Telephone Consumer Protection Act’s Coverage Of Automatic Telephone Dialing Systems
Client Alert - March 1, 2021 | California Supreme Court Issues Important Decision Regarding an Employer’s Obligation to Provide and Record Meal Periods
Client Alert - January 22, 2021 | Year-End and Fourth Quarter 2020 Update on Class Actions
Client Alert - December 10, 2020 | Supreme Court Holds That ERISA Does Not Preempt Arkansas’ Law Regulating Pharmacy Reimbursement Rates
Client Alert - November 10, 2020 | Third Quarter 2020 Update on Class Actions
Client Alert - July 24, 2020 | Second Quarter 2020 Update on Class Actions
Client Alert - July 20, 2020 | Supreme Court 2019 Term – Summary Of Decisions Affecting Business Litigation
Client Alert - July 6, 2020 | Supreme Court Upholds TCPA’s Robocall Ban, But Strikes Government-Debt Exception As Unconstitutional Under First Amendment
Client Alert - June 30, 2020 | Supreme Court Holds That Adding “.com” To A Generic Term Can Create A Protectable Trademark
Client Alert - June 29, 2020 | Supreme Court Holds That Consumer Financial Protection Bureau’s Structure Is Unconstitutional
Publications - June 23, 2020 | 9th Circ. Unequal Class Cert. Appeal Treatment Is Problematic
Client Alert - June 22, 2020 | Supreme Court Limits Disgorgement Remedy In SEC Civil Enforcement Actions
Client Alert - June 18, 2020 | Supreme Court Rejects DHS’s Decision To Terminate DACA
Client Alert - June 15, 2020 | Supreme Court Holds That Title VII’s Prohibition On Discrimination Because Of Sex Includes Sexual Orientation And Transgender Status Discrimination
Client Alert - June 1, 2020 | Supreme Court Holds That ERISA Defined-Benefit Pension Plan Participants Do Not Have Article III Standing To Sue For Fiduciary Breach
Client Alert - June 1, 2020 | Supreme Court Upholds The Appointments Of The Members Of The Puerto Rico Financial Oversight And Management Board
Client Alert - June 1, 2020 | Supreme Court Holds That The New York Convention Permits The Use Of Equitable Estoppel To Enforce An Arbitration Agreement Among Nonsignatories
Client Alert - May 18, 2020 | Supreme Court Holds That Amendments To The Foreign Sovereign Immunities Act Retroactively Authorized Punitive Damages Against Foreign State Sponsors Of Terrorism
Client Alert - May 14, 2020 | Supreme Court Casts Doubt On “Defense Preclusion”
Client Alert - April 27, 2020 | Supreme Court Holds That The Federal Government Must Reimburse Health Insurers For $12 Billion In Losses
Client Alert - April 24, 2020 | First Quarter 2020 Update on Class Actions
Client Alert - April 23, 2020 | Supreme Court Holds That Courts Can Order Trademark Infringers To Disgorge Profits Without Proof Of Willful Infringement
Client Alert - April 23, 2020 | Supreme Court Holds That Clean Water Act May Require Permits For Some Indirect Discharges Of Pollutants Via Nonpoint Sources
Client Alert - April 20, 2020 | Supreme Court Holds That PTAB’s Timeliness Decisions For Instituting Inter Partes Review Are Not Judicially Reviewable
Client Alert - April 20, 2020 | Supreme Court Holds That Superfund Site Landowners Need EPA Approval To Obtain State-Law Cleanup Remedies
Client Alert - March 23, 2020 | Supreme Court Unanimously Holds That A Plaintiff Suing For Discrimination Under 42 U.S.C. § 1981 Must Allege But-For Causation
Client Alert - February 26, 2020 | Supreme Court Holds That Unread ERISA Plan Disclosures Do Not Give Participants Actual Knowledge Of The Information Disclosed
Client Alert - January 31, 2020 | Year-End and Fourth Quarter 2019 Update on Class Actions
Client Alert - December 11, 2019 | Supreme Court Holds That The PTO’s Recovery Of “Expenses” Under The Patent Act Does Not Include Attorney’s Fees
Client Alert - November 6, 2019 | Third Quarter 2019 Update on Class Actions
Client Alert - July 25, 2019 | Second Quarter 2019 Update on Class Actions
Client Alert - June 28, 2019 | Supreme Court Sends 2020 Census Citizenship Question Back to the Department of Commerce, Citing Contrived Rationale
Client Alert - June 26, 2019 | Supreme Court Upholds Dormant Commerce Clause Challenge To Tennessee’s Durational Residency Requirement For Liquor Retailers
Client Alert - June 26, 2019 | Reinforcing Limits On Its Use, Supreme Court Upholds Auer Deference In Veterans Affairs Dispute
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