Photo of Brian R. Blackman

Brian R. Blackman

Associate
San Francisco
T: 415.774.2981
F: 415.434.3947

Education

  • J.D., University of San Francisco, 1998
  • B.A., Santa Clara University, 1994
  • California
  • Ninth Circuit Court of Appeals
  • United Stated District Courts, Northern, Southern, Eastern and Central Districts of California
Overview
Honors
Experience
Publications & News
Memberships

Brian R. Blackman specializes in commercial and complex business litigation with an emphasis in privacy, unfair competition, false advertising, deceit, business torts and admiralty matters. Mr. Blackman has represented clients from a broad range of industries including retail, transportation, communication, financial institutions and technology.

Mr. Blackman has considerable experience in defending consumer class actions, including claims under California’s Unfair Competition Law, Song-Beverly Credit Card Act, Consumers Legal Remedies Act, Telephone Consumer Protection Act and other statutory claims. He also has substantial trial and arbitration experience, including serving as lead trial counsel in complex commercial matters. He maintains an active appellate practice and has argued cases before the United States Court of Appeals for the Ninth Circuit. He is a member of the firm’s Privacy and Data Security Team.

Key Experience

  • Lead trial counsel in obtaining Judgment of more than $5.02 million for ocean carrier and its insurers based on claim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cleanup and response costs resulting from the leakage of hazardous material. Trial decision reported at APL Co. Pte. Ltd. v. Kemira Water Solutions, Inc., 999 F.Supp.2d 590 (S.D.N.Y. Feb. 25, 2014).

  • Lead associate and member of trial team that obtained defense judgment for national retailer on claims under California’s Unfair Competition Laws and Consumers Legal Remedies Act relating to gift card practices.

  • Lead associate on team that obtained denial of class certification of claim for violation of the Song-Beverly Credit Card Act relating to the collection of customer email addresses.

  • Lead associate and member of international arbitration team that obtained an award of costs and dismissal of all claims, including fraud and breach of fiduciary duty, against former Officers and Directors of satellite corporation.

  • Lead trial counsel in obtaining jury verdict in favor of inspection company on claims for breach of contract relating to international sales of natural gas.

  • Wiley W. Manuel Award for Pro Bono Legal Services, 2009
  • CALI Award for Excellence in the Study of Legal Ethics, 1997

Retail Matters

  • Representing name-brand clothing retailer in consumer class action challenging its price comparison practices.

  • Representing home furnishing and kitchenware retailers in coordinated consumer class actions alleging violations of California’s Song-Beverly Credit Card Act and claims for invasion of privacy, negligence and intrusion.

  • Representing large grocery retailer in consumer class action alleging unfair competition, false advertising and breach of contract relating to its e-commerce pricing.

  • Represented retailer of specialty children’s apparel in terminating its fulfillment services agreement.

  • Represented various national clothing retailers in privacy class actions filed in state and federal courts, alleging violations of California’s Song-Beverly Credit Card Act and related tort claims.

  • Represented international home furnishings retailer in consolidated privacy class actions alleging violation of California’s Song-Beverly Credit Card Act and related tort claims.

  • Represented children’s clothing retailer in consumer class action relating to gift card redemption practices.

  • Represented large grocery retailer in consumer class action alleging privacy violations relating to its practices for the sale of alcohol.

  • Represented grocery retailer in consumer class action challenging its gift card sale and redemption practices.

  • Represented national pharmaceuticals retailer in enforcement action relating to consultation practices.

  • Represented grocery retailer in privacy class action alleging unfair competition and violation of the Supermarket Club Card Disclosure Act.

  • Represented name-brand clothing retailer in consumer class action alleging violations of the Telephone Consumer Protection Act.

  • Represented name-brand clothing retailer in termination of its fulfillment services agreement.

  • Represented national grocery retailer in consumer class action alleging unfair competition and false advertising in connection with its coupon redemption policies.

Transportation Matters

  • Represented ocean carrier and its insurers on claims for breach of contract, negligence and recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) relating to the release of hazardous material.

  • Represented ocean carrier on claims for breach of maritime contract and indemnity relating to hazardous cargo clean-up.

  • Represented several container companies in numerous breach of contract actions and related attachment and arrest proceedings.

  • Represented container company in successfully enforcing judgment against shipping company’s local agent under writ of attachment.

  • Represented individuals in attachment and arrest proceedings to obtain jurisdiction over foreign shipping company.

  • Represented reclamation district on claims for damages caused to its levee.

Communication Matters

  • Represented former Officers and Directors of satellite corporation in international arbitration against claims for fraud, misrepresentation and breach of fiduciary duty.

  • Represented foreign mobile communications company in enforcement of arbitration award.

Financial Institution Matters

  • Represented national bank in state and federal actions alleging various contract, tort and statutory claims relating to its foreclosure of mortgage loans.

  • Represented banking and financial services company in interpleader action involving competing claims over commercial debts and obligations.

  • Represented national bank in state court action alleging claims for unfair competition, misrepresentation and injunctive relief in connection with foreclosure of mortgage loan.

  • Represented banking and financial services company in state court action alleging various contract, fiduciary duty and business tort claims arising from small business loan.

  • Represented banking and consumer finance company in action alleging claims for breach of contract, discrimination and retaliation in connection with foreclosed property.

  • Represented commercial financing company in collection action to enforce equipment lease and guaranty obligations.

Technology Matters

  • Represented manufacturer of solar photovoltaic systems in contract and purchase order disputes.

  • Represented geolocating technology provider in trade secret matter addressing Internet advertising practices.

Commercial Matters

  • Represented producer of larger art festival in dispute over ownership of trademarks and corporate property.

  • Represented materialman in enforcement of stop notice and breach of contract claims against general contractor.

  • Represented developer in lease dispute with commercial retail tenant.

  • Represented developer in dispute with joint venture partner relating to large commercial retail development.

  • Represented manufacturer of commercial paper products in dispute with distributor alleging various misrepresentation and business tort claims.

  • Represented manufacturer of ceramic components in breach of contract action.

  • Faculty, University of San Francisco School of Law, Intensive Advocacy Program, 2014
  • Member, San Francisco Bar Association
  • Member, American Bar Association
  • Member, The Maritime Law Association of the United States
  • Former Member, USF School of Law American Inn of Court
  • Former Member, Law Society Board of Governors, University of San Francisco School of Law
  • The Guardsmen, San Francisco charitable organization dedicated to helping at-risk youth: Board of Directors 2009-2012, Counsel 2008-2009