Brian E. McMath

Partner – Public Entity Litigation

As Partner and head of 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.

Brian is a twice-over honors graduate of the University of New Mexico, with an undergraduate degree in communication and journalism in 2006 and a J.D. in 2015. 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 before state and federal courts in New Mexico, the Tenth Circuit, and the D.C. Circuit. Brian is an avid amateur woodworker and welder, and he serves as a board member for Goodwill Industries of New Mexico.

Education and Associations

EDUCATION

Brian E. McMath earned a B.A. with honors from the University of New Mexico School of Communication & Journalism and a J.D. with honors from the University of New Mexico School of Law.

BAR ADMISSIONS

New Mexico Supreme Court, United States District Court of New Mexico, United States Court of Appeals, 10th Circuit, United States Court of Appeals, D.C. Circuit

ASSOCIATIONS

American Bar Association, International Association of Privacy Professionals

Education and Associations

EDUCATION

Brian E. McMath earned a B.A. with honors from the University of New Mexico School of Communication & Journalism and a J.D. with honors from the University of New Mexico School of Law.

BAR ADMISSIONS

New Mexico Supreme Court, United States District Court of New Mexico, United States Court of Appeals, 10th Circuit, United States Court of Appeals, D.C. Circuit

ASSOCIATIONS

American Bar Association, International Association of Privacy Professionals

Brian E. McMath’s Noteworthy Legal Achievements and Cases

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 successful in recovering nearly $1.2 billion in civil penalties, nuisance abatement, environmental restoration, consumer restitution, debt forgiveness, educational funding, and other remedies on behalf of the people of the State. 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.

State of Mississippi Social Media Platform Litigation

Currently represent the State of Mississippi in consumer protection litigation against Meta Platforms (parent company of Instagram). This litigation focuses on the design elements of their apps and alleges that these design elements cause harm to minor users under the age of 18.

Commonwealth of Kentucky Social Media Platform Litigation

Currently represent the Commonwealth of Kentucky in consumer protection litigation against TikTok and its corporate parent, Bytedance. This litigation focuses on the design elements of the TikTok app and alleges that these design elements cause harm to minor users under the age of 18.

State of Nevada Social Media Platform Litigation

Currently represent the State of Nevada in consumer protection litigation against Meta Platforms (parent company of Messenger, Instagram, and Facebook), TikTok, and Snapchat. 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 of New Mexico v. Purdue Pharma L.P., et al.

While with the New Mexico Office of the Attorney General, served as lead counsel for the State in its opioid litigation. Helped the State and local governments recover and allocate nearly $1 billion in opioid abatement funds and other relief.

State of New Mexico COPPA Litigation

While with the New Mexico Office of the Attorney General, served as lead counsel for the State in its litigation against Google, “Angry Birds” maker Rovio, and Estonian app developer Tiny Lab Productions in first-of-their-kind attorney general enforcement actions filed under the federal Children’s Online Privacy Protection Act. Together these cases resulted in more than $8.3 million in recoveries earmarked to fund children’s online safety programs throughout New Mexico.

Twelfth Judicial District Court of New Mexico v. Board of County Commissioners of Otero County

Represented a group of New Mexico judges in a writ action, resulting in $30 million in funds being allocated to the construction of a new courthouse.

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