Representative Matters

Among the matters Brian has handled for his clients:

Arbitration and Complex Breach of Contract Litigation

  • Obtained an eight-figure award on behalf of a client after a one-week international arbitration hearing before the London Court of International Arbitration relating to a failed international real estate joint venture, developing a winning argument based on market evidence in India.
  • In Bevan v. DaVita, Inc., 557 Fed. Appx. 706 (10th Cir. 2014), won affirmance of confirmation of an underlying arbitration award after successful defending against breach of contract, breach of fiduciary duty and fraud claims.
  • Defended and prosecuted two arbitrations on behalf of a medical device manufacturer, turning an initial multimillion-dollar claim against the client into a multimillion-dollar settlement for client.
  • Prosecuted a claim and prepared for an arbitration hearing within 60 days from first filing a $100 million dispute concerning an underlying patent litigation settlement on behalf of a cable provider, leading to a favorable settlement.
  • Prosecuted a breach of exclusive supplier contract claim in an AAA arbitration on behalf of a major bottling company, leading to a favorable monetary settlement.
  • In Princeton Football Partners LLC v. Football Association of Ireland, Civ. No. 11-5227 (D.N.J. July 23, 2012), on behalf of the premier Irish soccer association, obtained dismissal of a complaint alleging RICO, breach of contract and tort claims.
  • Prosecuted a breach of contract claim in state court on behalf of a large real estate company against a national hotel chain, leading to a favorable monetary settlement.
  • Routinely litigate multiple international and domestic arbitrations.

Software and Technology Disputes

  • Led the representation of a foreign software provider in an international arbitration concerning a software implementation, turning a $1 million claim against the client into a settlement payment for the client.
  • Represented a Fortune 500 technology company in a $25 million fraud dispute relating to a Medicaid Management Information Systems software implementation project.
  • Defended a large regional bank in a breach of contract litigation involving a failed software project in federal court, leading to a favorable monetary settlement.
  • Implemented a successful strategy to terminate a contract early with a failing software provider on behalf of a client while avoiding litigation.

Securities, Financial Services and M&A-Related Litigation

  • In Hamilton Partners, L.P. v. Highland Capital Mgmt., L.P., 2014 Del. Ch. LEXIS 72 (Del. Ch. May 7, 2014), won dismissal of a complaint alleging breach of fiduciary duty claims against a director in a stockholder class action.
  • In Alliance Industries, Inc. v. Longyear Holdings, Inc., 2012 U.S. Dist. LEXIS 25743 (W.D.N.Y. Feb. 26, 2012), won summary judgment on behalf of large mining exploration company, defeating breach of contract and tort claims while obtaining an award for breach of representations and warranties in an asset acquisition agreement.
  • Currently defending a mortgage company against mortgage servicing claims in federal court.
  • Defended a mortgage company in a trading desk dispute, leading to an early cost-saving settlement.

Business Torts and NonCompete Litigation

  • Pursued a preliminary injunction on behalf of a Fortune 500 client against former employees to enforce noncompete and nonsolicitation agreements, obtaining favorable settlement.
  • Served as lead counsel to a large insurance company, successfully enforcing a nonsolicitation agreement and favorably prosecuting a tortious interference claim against a former broker and his new employer, resulting in a favorable settlement securing a stipulated injunction enforcing the agreement’s terms and monetary payment.
  • Served as lead counsel in the successful defense against the enforcement of a nonsolicitation agreement, tortious interference claim and fraud claims against a large insurance company and broker, resulting in a favorable settlement.
  • Obtained dismissal at the motion to dismiss stage of an unfair trade practices claim against a large pharmaceutical company.

Pro Bono

  • In Coppola v. Larson, Civ. No. 06-2138 (D.N.J. 2006), obtained, on behalf of college student newspaper editors in a pro bono matter, a preliminary injunction reinstating the student’s faculty adviser. The decision was the first of its kind to recognize that the First Amendment rights of student newspaper editors can be violated by the removal of their faculty adviser. The decision received local and national media attention, and the matter was later favorably settled.
  • In Startzell v. City of Philadelphia, Civ. Act. No. 05-05287 (E.D. Pa. 2007) (affirmed by Third Circuit), obtained summary judgment on behalf of parade organizers against protestors who claimed the organizers conspired with the City of Philadelphia to restrict their First Amendment rights. The protest received national media attention.
  • Represent homeless veterans, helping them to secure benefits from the Veterans Administration.
  • Represented Elton John’s AIDS Foundation in intellectual property disputes.
  • Represented Disability Rights of New Jersey to ensure protection of the constitutional rights of disabled New Jersey residents.