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Brian E. McMath

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.

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 over one billion dollars 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.

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 in New Mexico and maintains an active International Association of Privacy Professionals, Certified Industry Privacy Professional Certification. Brian is an avid amateur woodworker and welder, and he serves as a board member for Goodwill Industries of New Mexico.

AREAS OF PRACTICE

  • Public client representation
  • Consumer protection
  • Public nuisance
  • Fraud against taxpayers/false claims
  • Medical drug and medical device
  • Environmental damage

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

PROFESSIONAL ASSOCIATIONS

  • American Bar Association
  • International Association of Privacy Professionals

EDUCATION

  • 2006, University of New Mexico School of Communication & Journalism, B.A with honors
  • 2015, University of New Mexico School of Law, J.D. with honors