Professional Details

Brian J. Headman

Senior Attorney

Brian Headman is an experienced litigator, trial attorney, and advisor with expertise in complex business disputes, construction claims, and real estate-related matters. Brian has extensive experience litigating in state and federal courts, and handling matters through alternative dispute resolution and mediation. Brian is often called upon shortly before trial or a regulatory proceeding to step into high-stakes and complex matters.

Brian handles nearly all forms of commercial litigation, including that involving business torts; breach of contract; corporate and partnership disputes; professional liability; trade secrets; insurance coverage; and unfair competition. Brian also litigates serious product liability and injury claims arising in the construction and real estate sectors.

In construction, Brian represents owners and construction professionals in a broad array of claims on public and private projects, with an emphasis on heavy civil construction; public utility infrastructure; water reservoir construction; school construction; multi-family and mixed-use development; transportation; and engineering disputes. Brian has significant expertise litigating and resolving claims for extra work; changed/unforeseen conditions; defective work; delay, disruption, and acceleration; prompt payment penalties; state and federal false claim laws; and complex insurance and surety-related matters on troubled construction projects.

As an advisor, Brian emphasizes practical, straight-forward advice and solutions. Brian advises on strategy and risk avoidance, handles sensitive negotiations, and counsels clients on matters involving public and private contracting; state and local building codes; public agency dispute resolution; FOIA and California Public Records Act issues; and Local Coastal Program (California Coastal Act of 1976) regulation and compliance.

Brian is an advocate for responsible development and the preservation of sensitive environmental resources, native habitat and open space in the Santa Monica Mountains and throughout Southern California.

Prior to joining Theodora Oringher, Brian was a litigator in the Los Angeles office of Fitzpatrick & Hunt, Pagano, Aubert, LLP, where he handled international litigation and dispute resolution for clients in the government contracting, aviation, and aerospace industries.

Representative Matters

  • Trial counsel for a large public school district in the 10-week jury trial against a national general contractor and multiple subcontractors related to the construction of a new, multi[1]building campus. The jury returned a verdict in favor of the school district which awarded the general contractor and subcontractors zero dollars on their multi-million dollar delay and disruption claims.
  • Lead litigation counsel for the largest supplier of treated water in the United States in a complex multi-party dispute regarding the demolition, reconstruction, and rehabilitation of a water reservoir and surrounding infrastructure in Southern California.
  • Obtained $26 million settlement for the County of Orange as a member of the trial team in the County’s notable fraud, California False Claims Act and breach of procurement contract litigation against a multi-billion dollar international software company.
  • Lead Writ and appellate counsel for Oxford Preparatory Academy in the Oxford Preparatory Academy v. Chino Valley Unified School District case, wherein the Court of Appeal held that a California Charter school has a “fundamental vested right” to continue to operate its schools. The Court of Appeal’s decision favorably resolved novel issues of administrative mandamus and education law.
  • Trial team member in the federal trial of an international military air disaster involving complex product liability claims and federal government contractor defenses; achieved favorable jury verdict and exceeded client expectations.
  • Hired to take over a complex four-year old litigation matter previously plagued by delays and expense; instituted a streamlined and aggressive trial strategy that resulted in a favorable, confidential settlement within months of retention.
  • Obtained an expedited preliminary injunction for nutraceutical manufacturer, thereby preventing the client’s former Chief Science Officer from illegally competing and using stolen trade secrets and confidential information.
  • Achieved dismissal of multimillion dollar lawsuit to foreign forum through drafting of forum non conveniens motions.
  • Negotiated a favorable settlement of all claims stemming from the crash of a Los Angeles news gathering helicopter.
  • Defended international footwear brand’s intellectual property before the USPTO Trademark Trial and Appeal Boar.
  • Represented international women’s apparel brand in multiple lawsuits involving breach of contract, breach of fiduciary duty, conversion and fraud.
  • Represented a London-based insurer in a $20+ million coverage dispute, including the defense of a bad faith denial of coverage claim.
  • Represented an international footwear and accessory brand’s founder through brand restructuring, re-financing, and re-launch in six countries.
  • Successfully negotiated the dissolution of a partnership operating an Abbott Kinney retail space and accomplished a beneficial division of assets while avoiding litigation and keeping the storefront open.
  • Negotiated highly discounted settlement of multiple secured debts on behalf of client, thereby avoiding bankruptcy and facilitating the business’ recovery.
  • Represented a television personality in the structure and negotiation of his talent agreement.
  • Outside counsel for an LA-based production company in its launch of apparel and footwear subsidiaries.
  • Negotiated and implemented new capital investment in active apparel company.

News

  • Theodora Oringher Attorneys Selected to Super Lawyers 2021 Southern California Rising Stars List Read more >
  • Theodora Oringher Attorneys Selected To Super Lawyers 2019 Southern California Rising Stars List Read more >
  • Theodora Oringher Attorneys Selected To Super Lawyers 2018 Southern California Rising Stars List Read more >
  • Theodora Oringher Attorneys Selected To Super Lawyers 2017 Southern California Rising Stars List Read more >
  • Theodora Oringher Attorneys Honored as 2016 Southern California Rising Stars Read more >