Brian R. Michael is a partner in Morrison Foerster’s Investigations + White Collar Defense Group, and the chair of the firm’s Global Ethics + Compliance practice.

Recognized as one of the top lawyers in California, Brian draws upon more than 25 years of high-profile experience in private practice, as an in-house leader, and as a federal prosecutor in the Southern District of New York and the Central District of California to represent entities and individuals who turn to him for the most complex, high-stakes white collar criminal cases, internal and government-facing investigations, securities and regulatory enforcement matters, and related litigation and trials. Brian routinely advises clients on a wide range of matters involving corporate and securities fraud, the Foreign Corrupt Practices Act and global anti-corruption laws, workplace misconduct, public corruption, cybersecurity, FinTech and blockchain technologies, trade sanctions, whistleblowing, and human rights and supply chain due diligence, among other areas.

Brian’s practice also focuses on providing sensitive crisis management and compliance counseling, and he has extensive experience leading the design, enhancement, and implementation of cross-border compliance programs. He regularly leads global risk assessments and provides compliance and crisis preparedness training to companies, boards, and employees.

In addition to his many years in private practice, Brian served as Deputy General Counsel and Group Chief Compliance Officer at media and entertainment company 21st Century Fox, and as an Assistant United States Attorney in both the Southern District of New York and the Central District of California. At 21st Century Fox, Brian played a critical role in the company’s response to multiple cross-border investigations, including the “UK phone hacking” crisis and the wide-ranging FIFA corruption matter, and oversaw global compliance for Fox broadcast, cable, digital, and sports media businesses, including National Geographic Partners and more than 300 channels in over 180 countries. As a federal prosecutor, Brian tried numerous cases and briefed and argued multiple appeals, as well as led criminal investigations and prosecutions involving complex financial, securities, and healthcare fraud, cybercrime, organized crime and racketeering, money laundering, violent crime, child sexual exploitation, and asset forfeiture, for which he received many commendations and awards. Brian also served as the Violence Against Women Act Coordinator and the Anti-Gang Coordinator for the Central District of California.

After graduating law school, Brian clerked for former Chief Judge Gilbert S. Merritt of the U.S. Court of Appeals for the Sixth Circuit.

Brian is a frequent public speaker and commentator on white collar crime, securities and regulatory enforcement, and compliance topics. He is a member of the board of directors of the Southern California Regional Subcommittee of the ABA’s White Collar Crime Committee, is a Fellow of the American Bar Foundation, and serves on the Executive Committee of Teach Democracy (formerly known as Constitutional Rights Foundation), a non-partisan nonprofit dedicated to advancing civics education and engagement among largely underserved youth.

Brian earned his B.A. with distinction in general scholarship from the University of California at Berkeley and earned his J.D. from Vanderbilt University School of Law, where he was elected Order of the Coif.

Representative Experience

Government-Facing Investigations

• Representation of a national governing body for an Olympic sport in an investigation led by the California Attorney General’s Office into historical allegations of sexual misconduct and abuse by local affiliates, resulting in successful resolution with no adverse findings.
• Representation of a global auto manufacturer in connection with an investigation by the U.S. Attorney’s Office for the Central District of California into alleged foreign bribery and the prosecution of a former employee, successfully resulting in no adverse action against the company.
• Representation of a prominent nonprofit entity in an internal investigation into multiple complaints regarding conflicts of interest, self-dealing, and other significant misconduct committed by top-level executives, resulting in successful separation of the executives on favorable terms for client.
• Representation of a world-leading publisher of online video content in an investigation led by the New York Attorney General’s Office into alleged violations of state law regulating the nature of online content, resulting in successful outcome with no adverse action.
• Representation of prominent private high school in Los Angeles embroiled in the Varsity Blues college admissions scandal, across from the U.S. Department of Justice.
• Representation of a lobbyist in connection with a high-profile and wide-ranging corruption probe of the Los Angeles City Council led by the U.S. Attorney’s Office for the Central District of California, successfully resulting in no criminal action against client.
• Representation of a fund and its three managing members in connection with investigations led by the U.S. Attorney’s Office for the Central District of California and the SEC related to a $500+ million Ponzi scheme and the prosecution of the perpetrator in the largest Hollywood Ponzi scheme ever, successfully resulting in no criminal or civil enforcement actions; featured in a lead story in The New Yorker, CNBC’s America Greed, and multiple documentaries, podcasts, and other publications.
• Representation of senior executives for multiple entities in connection with U.S. Department of Justice criminal and civil enforcement investigations, and related FDA proceedings, related to COVID-19 testing protocols and devices.
• Representation of a high-profile individual in connection with asset forfeiture and related proceedings concerning the 1MDB criminal prosecution in the Eastern District of New York.
• Representation of a former senior research scientist of a multinational life sciences company in an internal investigation and parallel FDA investigation regarding alleged research misconduct by the former CEO in relation to the then-most expensive drug therapy ever, resulting in no enforcement action.

Internal and Board Investigations

• Engaged by the California Department of Justice’s (DOJ) Office of the Attorney General to lead and conduct an independent review of DOJ’s public release of confidential personal information associated with firearms permit holders and applicants, and to prepare and release a public report setting forth detailed factual findings regarding the data release and recommendations for remedial actions.
• Representation of a public multinational media company in multiple highly sensitive internal investigations into manipulation and tampering by third parties of core business activities and information, resulting in successful disruption and cessation of the improper activities and preservation of company’s business integrity.
• Representation of a global auction house in an internal investigation of misconduct by senior executive and advising company leadership and board on mitigation and remediation arising from investigative findings.
• Representation of a global FinTech entity in investigating alleged financial misconduct in Asia-Pacific region that came to light during due diligence for a time-sensitive and significant transaction, resulting in the successful closing of the transaction.
• Representation of CEO and founder of prominent digital media company in board investigation of allegations of misconduct from co-founder, resulting in successful determination that allegations were unfounded.
• Representation of senior public university executive in an investigation arising from whistleblower allegations of misconduct directed towards university’s leadership, resulting in successful finding of no wrongdoing.

Compliance Counseling, Crisis Management, and Due Diligence

• Representation of a global FinTech entity in the design and implementation of a global compliance infrastructure related to the successful roll-out of a new payment tool.
• Led crisis response for prominent investment funds in response to racially charged incidents at real estate developments in the wake of the George Floyd incident, resulting in successful resolution of the conflicts.
• Led due diligence for prominent hedge fund in connection with potential/successful deal activity.

Complex Litigation and Trials

• Representation of high-net-worth individual in dispute over distribution of significant marital estate in litigation across from former spouse, resulting in successful resolution for client.
• Representation of a high-profile professional athlete in mediation and litigation across from former spouse regarding sensitive personal matters.
• Representation of prominent Hollywood executive in connection with termination due to allegations of misconduct and subsequent successful arbitration resulting in finding that termination was unlawful, along with significant financial recovery for client.
• Defense of a global auto manufacturer in consumer fraud litigation across California, including extensive trial preparation for multiple cases the led to successful resolution on favorable terms for client.
• Representation of healthcare executive in complex financial dispute across from multiple insurance carriers, resulting in mediated settlement and dismissal of action.