PEOPLE

Bryan M. McGarry

Partner

Southern California P +1 (714) 800-1430 F +1 (714) 800-1499 Palo Alto P +1 (650) 857-1717

Overview

Bryan represents his clients in complex commercial litigation to ensure the best possible resolution and a return to business as usual.

Bryan is a litigation partner in the Southern California office of Dorsey & Whitney LLP, and is a member of the Development and Infrastructure, Food and Beverage and Financial Services Industry Groups. He is experienced in all phases of litigation, and has effectively represented a number of domestic and international companies, organizations and business owners in trial, arbitration and mediation both domestically and abroad.

As part of Dorsey’s Development and Infrastructure Group, Bryan’s has represented owners, general contractors, and subcontractors in connection with a wide range of large construction projects, including airports, large high-rise residential, commercial and mixed-use developments, and heavy civil works in California and across the United States. Many of these projects have included disputes in the tens or even hundreds of millions of dollars.

As a member of Dorsey’s Food and Agribusiness Group, Bryan also routinely represents food and beverage industry clients, including in the retail and wholesale grocery business, and the casual and fast casual dining spaces. Bryan is very familiar with the myriad challenges facing operators in the food and beverage industry today.

Education & Admissions

University of San Diego School of Law (J.D., 2008)

University of California, Santa Cruz (B.A., 2004)

Admissions

California

U.S. District Court for the Southern, Central, Northern and Eastern Districts of California
U.S. Court of Appeals for the Ninth Circuit

Experience

Client Achievements

Chinese company defeats U.S. securities claims and wins legal fee award

Representative Litigation

Complex Commercial Litigation

Represent premier wholesale bulk distributor of natural, organic and specialty foods and meats in connection with various disputes and litigations throughout California.
Represent major curtain wall contractor in construction disputes and litigation throughout California.
Environmental Interiors, Inc. v. Aragon Construction, Inc., Central District of California. Represented plaintiff and counterclaim defendants in construction litigation. Obtained summary judgment disposing of all counterclaims against general contractor and partial summary judgment effectively disposing of all but one counterclaim against first tier subcontractor, which lead to a very favorable settlement.
Terran Corporation v. Tatitlek Construction Services, Inc., Southern District of California. Represented General Contractor in dispute with subcontractor. Obtained very favorable settlement.
Represented Principal Investor and Co-Manager in connection with student housing development located near major Nevada University.
Venture Lending & Leasing, VI, Inc. et al., v. Kicksend Holdings, Inc., et al., Los Angeles Superior Court. Represented plaintiff in breach of contract and fraudulent conveyance action. Obtained terminating sanctions and judgment in excess of $1.15 million against all defendants jointly and severally.
In 2016, after a multi-week hearing, obtained a substantial arbitration award from the London Court of International Arbitration in a confidential aircraft leasing dispute on behalf of an international airline client who originally started off as the respondent.
Petro-Diamond, Inc. v. SCB & Associates, LLC, --- F. Supp. 3d ----, 2015 WL 5005764 (C.D. Cal. 2015). Represented defendant SCB & Associates LLC in 8-day bench trial. Obtained complete defense judgment on all claims.
Sanho Corporation v. Wooblue, Inc., et al., Alameda County Superior Court of California Case No. RG13668105 (Nov. 27, 2014). Obtained summary judgment on behalf of the defendants entirely disposing of all claims in a dispute regarding an innovative consumer electronics device.
Jaguar Land Rover Limited v. A-Z Wheels LLC (S.D. Cal. 2014). Obtained permanent injunction and damages award on behalf of Jaguar Land Rover in action for trademark counterfeiting and copyright infringement involving defendants' advertising and sale of knock-off wheels.
Represented an international air carrier in arbitration hearing in the London Court of International Arbitration in connection with a leasing dispute. Obtained very favorable award.
Represented large Southern California Independent Practice Association in dispute with emergency physician groups regarding whether reimbursement for emergency care was “reasonable and customary”.
Represented golf club manufacturer and designer in class action litigation alleging false and misleading advertising. Obtained defense judgment after one day court trial.
Represented supermarket chain in nuisance and lease dispute with landlord and other tenants relating to flagship store located in La Jolla shopping center.
Represented investors in real estate venture in several interrelated disputes, including international arbitration, lawsuits in multiple state courts, and related appeals.

Securities Litigation

Represented officers of Chinese shoe manufacturing company in PSLRA case alleging securities fraud against officers. Obtained complete dismissal of the action and was awarded cost of defense attorney fees.
Represented Chief Financial Officer of former Nasdaq-listed company in a Securities Enforcement Action alleging securities fraud.
Represented national bank in dispute with securities broker-dealer over appropriate allocation of revenue.