They’ve Got Next: The 40 Under 40 - Bryan Heckenlively of Munger, Tolles & Olson

Please describe two of your most substantial, recent wins in practice.
I’ve been fortunate to try a number of cases as lead counsel early in my career. Just before the pandemic, I won a jury trial for a large bank involving a major foreign exchange deal. The trial was interesting because it was an offshoot from the main litigation. A former employee was arguing that a workplace call was illegally recorded. We persuaded the jury that this was a regulated environment and employees had every reason to expect their calls would be recorded.

I also prevailed this year in an important case for the University of California. A professor sought massive amounts of data on all students and applicants to UC—including data about race. We successfully argued that would invade the students’ privacy.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?
The most important lesson I learned as a first-year attorney is that mistakes are a part of practicing law. What matters is how you acknowledge your mistakes and address them. I learned that I learn and grow the most—and enjoy my practice most—when I am doing something out of my comfort zone. If you’re not willing to make a mistake, it is impossible to do that. I have carried that lesson with me and continued to push myself to take on assignments and responsibilities that someone at my level normally would not handle. I have also tried to impart that lesson to younger lawyers who work with me, and to encourage them to take opportunities to challenge themselves on our cases with the knowledge that I will support them and help address any issues that arise.

How do you define success in your practice?
I define success as being a trusted counselor and litigator who clients will come to with their most important problems. When clients trust me to try cases for them, I take great pride in that, but I also find it incredibly rewarding to work with them to find business solutions to avert or resolve litigation. I also think a reputation for honest dealings with courts, opposing counsel, and team members is a critical part of a successful practice.

What are you most proud of as a lawyer?
I am incredibly proud of the opportunities I have had to mentor younger lawyers. Thanks to supportive clients and partners, I was fortunate to have excellent opportunities from the very beginning of my time at Munger, Tolles & Olson. I was in court before I had my bar number, I was examining multiple witnesses in trial in my second year at the firm, and I first chaired a jury trial soon after that. I am proud that I rose to meet those opportunities and succeed in them, and I have worked hard to foster similar opportunities for the associates who work on my teams—and even for those who do not. I am proud of the mentoring relationships I’ve developed with many of our younger lawyers, both in my role as a supervisor on cases and in the work I’ve done internally on firm committees. It has been so rewarding to watch younger lawyers rise to opportunities and improve their skills and confidence. It is unquestionably what I am most proud of in my career, and it makes it fun to come to work every day.

Who is your greatest mentor in the law and what have they taught you?
I’ve been fortunate to have many mentors, but my most influential is my first boss, Judge Lee Rosenthal of the U.S. District Court for the Southern District of Texas. I am from Northern California, and I went to both college and law school here. I took a chance and went to Houston for a year to clerk for Judge Rosenthal because I was blown away by her passion for her work. It was an incredible experience. Judge Rosenthal’s passion shone through every day in every hearing and on every issue, even those that seemed mundane to my co-clerks and me. I learned from Judge Rosenthal that practicing law is much more enjoyable and interesting when you approach every problem with passion and with an exacting focus on trying to arrive at the right answer. She also taught me an immense amount about the importance of building relationships and mentoring.

Just for fun, tell us your two favorite songs on your summer music playlist.
Alexander Hamilton, from the Hamilton soundtrack. My kids have been obsessed with Hamilton ever since it went up on Disney+ last year.

The Whole of the Moon, by the Waterboys. This song was in the finale of The Affair, one of the shows my wife and I binged while we were stuck at home during the Pandemic. It’s an optimistic and thoughtful song and it has stuck with me ever since.