Brian D. Koosed
Partner
Brian also represents clients on appellate work at the state and federal appellate courts, including on novel issues of first impression. Additionally, Brian regularly counsels clients on litigation risk and risk management; represents clients in business fraud cases and deceptive trade practice and other consumer protection and false advertising class actions; defamation actions; and insurance coverage disputes.
Brian is actively involved in his community, serving as vice president of the Brotherhood of the Washington Hebrew Congregation and previously serving as chair of the Montgomery County, Maryland Victim Services Advisory Board, where he advocated for the rights of crime victims and their families.
Experience
Experience
Representative Matters
- Represented a Chinese manufacturer and investment fund in successfully recouping monies improperly diverted by a business partner as part of a years-long accounting fraud scheme, in AAA arbitrations and on issues of first impression in U.S. Bankruptcy Court
- Represented a regional bank in a AAA arbitration hearing arising from a business divorce alleging wrongful early termination of a contract resulting from the bank’s merger with another regional bank
- Represented a medical device manufacturer in the Southern District of New York arising out of alleged oral agreements to grant stock options; obtained dismissal of the case and affirmance of the dismissal at the Second Circuit Court of Appeals
- Represented a major retailer in appellate proceedings at the Ninth Circuit Court of Appeals relating to the enforceability of online terms and conditions, including arbitration provisions
- Represented an edtech company in appellate proceedings at the Second Circuit Court of Appeals in seeking to enforce an injunction in aid of a pending International Chamber of Commerce arbitration
- Represented a food company in appellate proceedings at the D.C. Court of Appeals on issues of first impression under the DC Consumer Protection Procedures Act
- Represented multiple DC-area property developers in connection with alleged class actions under the D.C. Consumer Protection Procedures Act
- Represented a major manufacturer in litigation in New York state court against a private equity firm arising out of the private equity firm’s failure to close on its purchase of one of the manufacturer’s lines of business pursuant to an asset sale agreement
- Represented a food company in successfully obtaining dismissal, with prejudice, of an action in the Southern District of New York alleging deceptive trade practices arising from the company’s supply chain practices, which plaintiffs elected not to appeal
- Obtained favorable settlements in multiple Judicial Arbitration and Mediation Services, Inc. arbitrations on behalf of a water heater and boiler supplier against a contractor who made false and defamatory claims about the supplier on social media
- Represented a Fortune 500 company in an insurance coverage dispute relating to food product recalls, including obtaining a successful ruling on summary judgment on defense costs
- Represented various financial institutions in adversary proceedings in New York and Delaware Bankruptcy Courts seeking to claw back funds paid to shareholders of public companies in connection with the public companies’ leveraged buyouts, including application of Bankruptcy Code “safe harbors” as defenses to such clawback claims
- Obtained a favorable settlement in representing a prominent financial institution in a multi-billion-dollar lawsuit in New York Bankruptcy Court alleging various tort and bankruptcy (fraudulent transfer and preference) claims arising out of the Chapter 11 bankruptcy of a major telecommunications company
- Represented a prominent financial institution in the Southern District of New York in defending against a challenge to its form contract documentation used to purchase millions of dollars’ worth of bankruptcy claims from creditors in high-profile Chapter 11 bankruptcies
- Represented two Maryland-based investment funds in securities litigation in the Southern District of New York and the Second Circuit Court of Appeals involving multiple issues of first impression under the U.S. securities laws and New York law
- Represented one of the world’s premier luxury retailers in multi-jurisdictional litigation in state and federal courts in New York, Alabama, and elsewhere, alleging breach of contract and fraud arising out of certain allegedly improper business practices
Insights
Insights
Credentials
Credentials
Education
- J.D. cum laude Georgetown University Law Center 2005
- Member, American Criminal Law Review
- B.A. Psychology and Political Science summa cum laude Miami University 2002
Bar Admissions
- District of Columbia
- Maryland
- New York
Court Admissions
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the D.C. Circuit
- U.S. District Court for the District of Colorado
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
Professional Memberships and Activities
- Former co-chair, Maryland Victim Services Advisory Board, Montgomery County
Community
Community
Pro Bono
- Argued multiple pro bono cases in the Second Circuit Court of Appeals
- Previously served as pro bono partner for the DC office of an international law firm
Volunteerism
- Vice president, Brotherhood of Washington Hebrew Congregation
Personal Activities
- Enjoys cooking, running, strength training, and spending time with his wife and two kids when he’s not busy working on client matters