Biography
As a partner in Nachawati Law Group’s Public Entity Litigation division, Brian focuses his practice on representing governments in complex civil enforcement actions in the areas of consumer protection, public nuisance, environmental harms, fraud against taxpayers/false claims, qui tam whistleblower actions, and more.
After joining the New Mexico Office of the Attorney General in 2017, Brian became director of the Consumer & Environmental Protection Division, where he led litigation teams that were ultimately successful in recovering over $1.3 billion in civil penalties, nuisance abatement, environmental restoration, consumer restitution, debt forgiveness, educational funding, and other remedies on behalf of the people of New Mexico. Brian also helped lead New Mexico’s litigation against the prescription opioid industry, overseeing the largest e-discovery project in State history and serving on the ad hoc committee of governmental claimants in the bankruptcy of Purdue Pharma. In 2019, Brian led a bipartisan coalition of 25 state Attorneys General in demanding that the Federal Trade Commission strengthen protections for children online, and his division’s work litigating against the tech industry has contributed to wholesale changes in the way kids’ mobile apps are marketed and sold today.
Before law school, Brian spent nearly a decade in Albuquerque media and advertising, giving him unique insights into claims involving the use of mass media. During law school Brian externed for the Honorable Jimmie V. Reyna of the U.S. Court of Appeals for the Federal Circuit and was selected as the Second Judicial District of New Mexico’s Pro Bono Law Student of the Year. He is currently licensed to practice in New Mexico and before several federal district and circuit courts around the country. Brian is an avid amateur woodworker and welder, and he serves as a board member for Goodwill Industries of New Mexico.
Areas of Focus
Public Client Representation
Consumer Protection
Public Nuisance
Fraud Against Taxpayer / False Claims
Environmental Damages
Medical Drug and Medical Device Litigation
Notable Litigation
State Attorneys General Social Media Platform Litigation
Currently represent the States of Nevada and Mississippi, as well as the Commonwealth of Kentucky, in state court consumer protection litigation against Meta Platforms (parent company of Messenger, Instagram, and Facebook), TikTok, Snapchat, and Alphabet (parent company of Google and YouTube). This litigation focuses on the design elements of these companies' social media and messaging apps and alleges that these design elements cause harm to minor users under the age of 18.
State Attorneys General Temu Litigation
Currently represent the States of Arkansas and Nebraska, as well as the Commonwealth of Kentucky, in state court consumer protection litigation against Chinese e-commerce giant Temu. This litigation focuses on Temu’s illegal data collection and protection practices as well as various illegal tactics Temu uses to entice buyers to order low-cost items.
State of Utah Opioid Litigation
Previously represented the State of Utah in consumer protection litigation against the manufacturers, distributors, and retailers of prescription opioid drugs. This litigation focused on the manufacturers’ misrepresentations about the safety and efficacy of their products to treat chronic pain, and on the distributors’ and retailers failures to monitor their supply chains to identify and reject suspicious orders and fraudulent prescriptions. This litigation has helped to secure more than half a billion dollars for Utah drug treatment and harm reduction programs.