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Brian M. Willen
Partner
Litigation
New York

D650-849-3340

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  • Represents Online Innovators

    With a focus on internet-related litigation and counseling, Brian advises some of the world's most innovative online services—including Google, Dropbox, Flipboard, Pinterest, Twitter, Tumblr, and YouTube—on a range of complex and sensitive matters.

  • PragerU v. Google

    Brian argued and won an important Ninth Circuit case holding that online platforms like YouTube are not state actors under the First Amendment.

  • Terrorism Litigation

    Brian is lead counsel for Google in nearly a dozen landmark cases seeking to hold YouTube and other social media platforms liable for terrorist attacks around the world.

  • Government Experience

    Brian previously worked in the Justice Department's Office of Legal Counsel, where he advised the Executive Branch on complex issues of constitutional law and national security.

Brian Willen is a partner in Wilson Sonsini's internet litigation and strategy group. He advises some of the world’s most innovative online companies—including Google, Dropbox, Flipboard, Pinterest, Spotify, Twitter, and YouTube—on a range of complex and sensitive matters. Brian’s expertise includes copyright and trademark law (especially the DMCA safe harbors, fair use, and music copyright issues), Section 230 of the CDA, online privacy, government requests for user data, and the First Amendment.

Brian has an extensive and cutting-edge practice representing online platforms against attacks on their content-moderation practices. He is lead counsel for Google in nearly a dozen separate cases seeking to hold it liable for terrorist attacks around the world, including Gonzalez v. Google, which Brian argued in the Ninth Circuit. He has also represented both Google and Twitter against claims that they should be treated as state actors under the First Amendment, successfully arguing that issue in the Ninth Circuit in PragerU v. Google, the first major appellate decision holding that social media platforms are not public forums.

For nearly seven years, Brian was one of the lead lawyers for Google in the landmark Viacom v. YouTube litigation, and he has represented clients in many other copyright and internet law disputes, including cases under the Computer Fraud and Abuse Act, the Lanham Act, the Americans With Disabilities Act, the Video Privacy Protection Act, and the Wiretap Act.

Prior to joining the firm, Brian worked in the Justice Department's Office of Legal Counsel, where he advised the Executive Branch on complex issues of constitutional law and national security. He clerked for Judge Harry T. Edwards of the U.S. Court of Appeals for the D.C. Circuit (2001-2002) and for Judge Ellen S. Huvelle of the U.S. District Court for the District of Columbia (2002-2003).

Experience

Brian Willen is a partner in Wilson Sonsini's internet litigation and strategy group. He advises some of the world’s most innovative online companies—including Google, Dropbox, Flipboard, Pinterest, Spotify, Twitter, and YouTube—on a range of complex and sensitive matters. Brian’s expertise includes copyright and trademark law (especially the DMCA safe harbors, fair use, and music copyright issues), Section 230 of the CDA, online privacy, government requests for user data, and the First Amendment.

Brian has an extensive and cutting-edge practice representing online platforms against attacks on their content-moderation practices. He is lead counsel for Google in nearly a dozen separate cases seeking to hold it liable for terrorist attacks around the world, including Gonzalez v. Google, which Brian argued in the Ninth Circuit. He has also represented both Google and Twitter against claims that they should be treated as state actors under the First Amendment, successfully arguing that issue in the Ninth Circuit in PragerU v. Google, the first major appellate decision holding that social media platforms are not public forums.

For nearly seven years, Brian was one of the lead lawyers for Google in the landmark Viacom v. YouTube litigation, and he has represented clients in many other copyright and internet law disputes, including cases under the Computer Fraud and Abuse Act, the Lanham Act, the Americans With Disabilities Act, the Video Privacy Protection Act, and the Wiretap Act.

Prior to joining the firm, Brian worked in the Justice Department's Office of Legal Counsel, where he advised the Executive Branch on complex issues of constitutional law and national security. He clerked for Judge Harry T. Edwards of the U.S. Court of Appeals for the D.C. Circuit (2001-2002) and for Judge Ellen S. Huvelle of the U.S. District Court for the District of Columbia (2002-2003).

Focus Areas
Recent Insights
Client Highlights
Wilson Sonsini Advises Computer & Communications Industry Association in Landmark Case Impacting Internet Free Speech Rights
On July 1, 2024, the U.S. Supreme Court decided Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton, marking a significant development in the realm of internet regulation and reinforcing the application of longstanding First Amendment principles to the online world. The cases centered around state laws enacted in 2021 by Florida and Texas, both of which target large social media platforms and internet companies. The laws aim to limit platforms' control over content moderation, including filtering and labeling user-generated content, and mandated detailed explanations for content removal or alteration.
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Alerts
How Extreme Should the FBI and DHS Be in Removing Extremism from Gaming?
The United States Government Accountability Office (GAO) recently published a report that highlights the federal government’s increased interest in monitoring domestic violent extremist content on gaming and social media platforms. The purpose of the report is to provide information to other agencies and to encourage the development of actionable strategies to combat domestic violent extremist content. Forthcoming guidance, scheduled for release in June 2024, could result in companies navigating an increasingly complex moderation system with increased communication efforts with the Federal Bureau of Investigation (FBI) and Department of Homeland Security (DHS).
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