Brian Klein

Brian is a distinguished trial lawyer who is nationally recognized for his fierce, successful advocacy on behalf of clients in federal and state courts across the country. A former federal prosecutor, he represents clients in high-stakes civil litigation and complex criminal and regulatory defense matters, including those involving the US Department of Justice, Securities and Exchange Commission Commodity Futures Trading Commission, and state authorities. His clients include fast-growing and innovative companies, and larger companies that are often at the forefront of emerging technologies and their industries.

As a leading litigator in the US, Brian regularly speaks internationally on a variety of litigation issues, such as criminal defense, cybersecurity and data privacy. Additionally, he teaches a federal criminal practice seminar at the University of Southern California Gould School of Law and has guest lectured on legal issues at Yale Law School (white-collar criminal defense) and the University of Michigan (cybersecurity), among others.

Representative matters:

• Defended a cryptocurrency investor in federal prosecution in the Southern District of New York on charges of commodities fraud, commodities manipulation and wire fraud, securing a dismissal of all charges based on post-trial briefing*
• Represented Korean-based video game developers in a civil securities fraud-related action in which the trial court dismissed the case in response to a motion to dismiss*
• Defended an alleged hacker in a case involving one of the largest purported data breaches in history, obtaining acquittals at trial for her on the counts requiring prison time and a no-prison-time sentence*
• Secured a declination to prosecute for a construction company CEO in a public corruption investigation conducted by federal prosecutors in Los Angeles*
• Defended a leading cryptocurrency company in connection with securities class action lawsuits in San Francisco involving crowdfunding that raised more than $230 million*
• Represented a blockchain software company in connection with its settlement with the SEC in which it paid a $24 million penalty in connection with its $4 billion token sale*
• Defended a globally recognized, internationally famous cybersecurity researcher in a federal prosecution out of Milwaukee for cybercrimes from the defendant’s youth*
• Represented a large US-based cryptocurrency exchange platform in connection with its settlement with the SEC regarding its staking program*
• Defended a digital currency trader in federal court in Colorado against an unlicensed money transmitter criminal charge, securing dismissal of the case before trial*
• Obtained a declination to bring charges for a client from federal prosecutors in San Diego in a money laundering-related case*
• Represented a prominent early bitcoin adopter in a settlement with the SEC resulting from an investigation*
• Represented a film production company in a Los Angeles-based federal action to enforce trademark rights that resulted in a settlement favorable to the client*
• Defended a digital currency company in a state securities division investigation based out of the Midwest (no enforcement action was brought)*
• Represented a US-based technology company in a contract dispute with an Australian entertainment company that resulted in a settlement favorable to the client*
• Successfully defended a hazardous waste cleanup company facing multiple California state criminal charges, securing dismissal of all charges before trial*
• Successfully handled the defense of a celebrity dog trainer in investigations of allegations of animal abuse; the authorities ultimately concluded no wrongdoing and did not bring any charges*
• Secured from the Los Angeles County District Attorney’s Office a declination to charge a high-profile client accused of sexual assault by someone the client met on a dating app*
• Obtained a complete acquittal at a jury trial in New York City for a boxer charged with assault with a deadly weapon in state court*

* Representation handled before joining Cooley