They’ve Got Next: The 40 Under 40 - Brian Mahanna of WilmerHale

Please describe two of your most substantial, recent wins in practice.
As a regulatory and government investigations attorney, much of my work is confidential and my victories do not make news, but I’m especially proud of the counsel I provided—working with partners across the firm—to help clients navigate the regulatory challenges arising from the pandemic, in particular here in New York, where government responded particularly aggressively. I have helped numerous companies successfully respond to privacy, price gouging and consumer protection pandemic-related investigations by state and local regulators. And I’m very proud of the work I helped start and lead at the New York Attorney General’s Office concerning the Donald J. Trump Foundation; we exposed the pervasive fraud of that charity, dissolved it—and an excellent team carried forward the case to a righteous conclusion.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?
I worked on the Bloomberg Campaign as policy director in my 3L year and for the rest of the campaign (i.e., until November) and postponed taking the bar until the following year. I then joined the Bloomberg Administration, studying for the February bar while working full time on city budget, labor, sustainability and other issues, primarily in a policy-making and management role, rather than a strictly legal one. [Bloomberg Law is operated by entities controlled by Michael Bloomberg.] So my “first-year” was relatively atypical. I have stayed involved in state and local government issues throughout my career, and those issues form the core of my practice now. I’m not sure there’s a lesson in there, but to the extent there is, it is that there are many different career paths in and around the law and you should do what interests you, rather than necessarily follow the well-trod path.

How do you define success in your practice?
I want clients with an interesting and diverse set of challenges governed by state and local law. Particularly since we just finished a presidential election cycle, there’s been all this attention on federal government and Washington but the lesson of the last 20 years is that the federal government is largely broken and state and local governments are instead grappling with the most pressing issues of the day. That’s even been true during the pandemic—a global catastrophe—where nevertheless the federal government has asserted less command than it could and state and local authorities have led the way. Helping my clients understand and respond to state and local challenges—across subject areas and fora (investigations, litigation, legislative issues, etc.)—is my goal and the most fulfilling part of my practice.

What are you most proud of as a lawyer?
Regulatory lawyers in private practice don’t really get to take victory laps, so I am going to focus on my work in public service. My last six months at the attorney general’s office were extremely productive and fulfilling. I spearheaded the NY Attorney General’s Donald J. Trump Foundation investigation and lawsuit, dissolving that sham charity and disbursing its assets to real non-profits—the lawsuit led to real penalties and accountability for its board. I led the team negotiating the resolution of our broadband investigation and lawsuits, including a $175 million settlement with Charter Time Warner Cable. We released a report providing consumers much-needed information about the risks of trading on certain cryptocurrency exchanges. We launched an investigation of sex abuse within the Catholic Church in New York. We tackled a wide variety of issues, making a difference in the lives of people throughout the state.

Who is your greatest mentor in the law and what have they taught you?
Former Acting Attorney General and current Solicitor General of New York Barbara Underwood. While I don’t want to—and couldn’t possibly—emulate her extraordinary career, I think the lesson one could learn from it is the importance of hard-work, pursuing new opportunities but being ready to abandon those that are not working, and having the self-confidence to rise to the occasion, even under difficult circumstances. I saw all of those attributes and more during the period when Barbara was briefly New York Attorney General. She was thrust into an unfamiliar semi-political role, took an organization shaken to its core by the sudden resignation of Attorney General Schneiderman and steadied the ship, didn’t shy from difficult decisions, always asked the right questions, and improved our approach to every issue and challenge the office faced, including areas in which she was in no way familiar. It was remarkable.

Just for fun, tell us your two favorite songs on your summer music playlist.
“Feel Me Flow” by Naughty by Nature - An old song that gets me into a summer fun mood.

“Sands” by Emancipator- A relax on the beach song