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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 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, Labor and Employment, and Law Firm Defense practice groups.

Mr. Hamburger has represented clients in class actions across many substantive areas of law, including employment, consumer fraud, products liability, and antitrust. He has special expertise in seeking interlocutory appellate review of class certification orders under Federal Rule of Civil Procedure 23(f), and has successfully obtained review of significant class certification rulings for multiple clients. He also has substantial experience defending clients against representative actions under California’s Labor Code Private Attorneys General Act.

Mr. Hamburger has also represented clients in a wide range of appellate matters in both state and federal courts around the country, including appeals involving employment law, complex commercial disputes, products liability, legal malpractice and professional liability, arbitration, punitive damages, and patent law. He has briefed over two dozen appeals, and has argued before both the Ninth Circuit and the California Court of Appeal.

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 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. See 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).

Representative Matters

  • In an action seeking over $20 billion in damages from a cable company, obtained reversal of a Ninth Circuit decision from the U.S. Supreme Court.
  • Obtained from the Ninth Circuit interlocutory review of an order granting class certification in employment class action against a retailer, and then reversal of the class certification ruling.
  • Secured a new trial for an automobile manufacturer in a dispute with a former motor vehicle franchisee after a jury had awarded $256 million in damages.
  • Obtained affirmance from the Ninth Circuit of orders denying class certification and granting summary judgment in products liability action against automobile manufacturer.
  • Obtained a new trial on damages after a jury awarded $533 million for patent infringement, and then on appeal convinced the Federal Circuit that the patent claims at issue were not eligible for patenting.
  • Successfully opposed class certification in misclassification action against major retailer.
  • Representing retailers, farms, and services companies in multiple California employment class actions.
  • Representing retailer in enforcement action brought by the Los Angeles City Attorney under California’s Unfair Competition and False Advertising Laws.
  • Defeated attempt to remand to California state court a putative employment class action after removal under the Class Action Fairness Act.
  • Obtained voluntary dismissal of a long-running consumer fraud putative class action against a cosmetics company.
  • Obtained affirmance from the Second Circuit of order dismissing an action seeking more than $80 million in damages against a law firm.
  • Represented law firm before the California Supreme Court in high-profile appeal involving the enforceability of arbitration agreements and the waiver of attorney-client conflicts of interests.
  • Represented retailer before the California Supreme Court in a closely watched employment case focused on whether security screenings constitute compensable work.

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 Second Edition of the American Bar Association’s A Practitioner’s Guide to Class Actions (2017). He also routinely speaks at conferences on class actions and employment law.

Mr. Hamburger is a member of the Board of Directors of the Friends of the Los Angeles County Law Library.

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.

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 - 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 7, 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 30, 2020 | Supreme Court Holds That Consumer Financial Protection Bureau’s Structure Is Unconstitutional
Article - June 23, 2020 | 9th Circ. Unequal Class Cert. Appeal Treatment Is Problematic
Client Alert - June 23, 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 2, 2020 | Supreme Court Holds That The New York Convention Permits The Use Of Equitable Estoppel To Enforce An Arbitration Agreement Among Nonsignatories
Client Alert - June 2, 2020 | Supreme Court Upholds The Appointments Of The Members Of The Puerto Rico Financial Oversight And Management Board
Client Alert - June 2, 2020 | Supreme Court Holds That ERISA Defined-Benefit Pension Plan Participants Do Not Have Article III Standing To Sue For Fiduciary Breach
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 28, 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 24, 2020 | Supreme Court Holds That Courts Can Order Trademark Infringers To Disgorge Profits Without Proof Of Willful Infringement
Client Alert - April 24, 2020 | Supreme Court Holds That Clean Water Act May Require Permits For Some Indirect Discharges Of Pollutants Via Nonpoint Sources
Client Alert - April 21, 2020 | Supreme Court Holds That Superfund Site Landowners Need EPA Approval To Obtain State-Law Cleanup Remedies
Client Alert - April 21, 2020 | Supreme Court Holds That PTAB’s Timeliness Decisions For Instituting Inter Partes Review Are Not Judicially Reviewable
Client Alert - March 24, 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 27, 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 12, 2019 | Supreme Court Holds That The PTO’s Recovery Of “Expenses” Under The Patent Act Does Not Include Attorney’s Fees
Client Alert - November 7, 2019 | Third Quarter 2019 Update on Class Actions
Client Alert - July 26, 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 | Reinforcing Limits On Its Use, Supreme Court Upholds Auer Deference In Veterans Affairs Dispute
Client Alert - June 26, 2019 | Supreme Court Upholds Dormant Commerce Clause Challenge To Tennessee’s Durational Residency Requirement For Liquor Retailers
Client Alert - June 20, 2019 | Supreme Court Avoids Answering Question On Hobbs Act Deference To FCC Orders
Client Alert - June 18, 2019 | Supreme Court Holds That The First Amendment Does Not Apply To Private Operators Of Public Access Television Channels
Client Alert - June 3, 2019 | Supreme Court Holds That Title VII’s Administrative Exhaustion Requirement Is Not A Jurisdictional Prerequisite To Suit
Client Alert - May 28, 2019 | Supreme Court Holds That Third-Party Defendants May Not Remove Class Action Counterclaims To Federal Court
Client Alert - May 20, 2019 | Supreme Court Holds That Courts, Not Juries, Must Decide Whether The FDA’s Rejection Of A Proposed Warning Label Provides “Clear Evidence” To Preempt A State-Law Failure-To-Warn Claim
Client Alert - May 15, 2019 | First Quarter 2019 Update on Class Actions
Client Alert - May 14, 2019 | Supreme Court Holds That iPhone Users Have Standing To Seek Federal Antitrust Damages From Apple For App Store Purchases
Client Alert - April 24, 2019 | Supreme Court Reaffirms Stolt-Nielsen And Holds That Class Arbitration Requires The Parties’ Unambiguous Consent
Client Alert - March 27, 2019 | Supreme Court Holds That Securities Fraud Liability Extends Beyond “Maker” Of False Statements
Client Alert - March 20, 2019 | Supreme Court Remands Cy Pres-Only Class Action Settlement Question Over Standing Concerns
Client Alert - March 5, 2019 | Supreme Court Holds Recovery Of “Full Costs” Under Copyright Act Is Limited To Those Costs Enumerated In The General Costs Statute
Client Alert - March 5, 2019 | Supreme Court Holds That Payments For Lost Wages Are Taxable “Compensation” Under The Railroad Retirement Tax Act
Client Alert - March 4, 2019 | Supreme Court Holds That Copyright Owners May Not Sue For Infringement Until Copyright Office Processes Registration
Client Alert - February 26, 2019 | Supreme Court Holds That The Deadline For Filing Petitions For Permission To Appeal Class Certification Orders Is Not Subject To Equitable Tolling
Client Alert - February 20, 2019 | Supreme Court Holds That Eighth Amendment’s Prohibition Of Excessive Fines And Related Forfeitures Applies To The States
Client Alert - January 22, 2019 | Supreme Court Holds That Confidential Licensing Agreements Can Trigger The America Invents Act’s “On-Sale” Bar
Client Alert - January 18, 2019 | Fourth Quarter 2018 Update on Class Actions
Client Alert - January 8, 2019 | Supreme Court Rejects “Wholly Groundless” Exception To Rule That Parties May Refer Arbitrability Disputes To Arbitration
Client Alert - October 24, 2018 | Third Quarter 2018 Update on Class Actions
Client Alert - July 18, 2018 | Second Quarter 2018 Update on Class Actions
Article - June 5, 2018 | A Better Method For Achieving Broader Class Action Reform
Client Alert - May 4, 2018 | First Quarter 2018 Update on Class Actions
Client Alert - January 31, 2018 | Fourth Quarter 2017 Update on Class Actions
Client Alert - November 7, 2017 | Third Quarter 2017 Update on Class Actions
Client Alert - August 1, 2017 | Second Quarter 2017 Update on Class Actions
Client Alert - May 19, 2017 | First Quarter 2017 Update on Class Actions
Client Alert - April 18, 2017 | 2016 Year-End Transnational Litigation Update
Client Alert - February 1, 2017 | 2016 Year-End Update on Class Actions
Client Alert - October 27, 2016 | Third Quarter 2016 Update on Class Actions
Client Alert - August 9, 2016 | Chevron Earns Decisive Victory in Second Circuit Civil RICO Appeal Concerning Corrupt Scheme to Obtain $9.5 Billion Ecuadorian Judgment Through Bribery and Fraud
Client Alert - May 17, 2016 | U.S. Supreme Court Holds That Violation of a Statutory Right, Without a Resulting “Concrete” Injury, Does Not Satisfy Article III’s Injury-in-Fact Requirement
Client Alert - February 1, 2016 | 2015 Year-End Update on Class Actions
Article - April 29, 2015 | Judging Uninjured Plaintiffs’ Standing
Client Alert - January 30, 2015 | 2014 Year-End Update on Class Actions
Article - October 24, 2014 | Emerging Issues in the Law of Class Certification
Client Alert - May 30, 2014 | California Supreme Court Unanimously Rejects Statistical Sampling That Deprived Class Action Defendant of Its Ability to Present Individualized Defenses
Client Alert - February 20, 2013 | Class Actions Update: Key Trends and Key Cases in the Year Ahead
Client Alert - July 14, 2011 | 2011 Mid-Year False Claims Act Update
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