Brian D. Koosed
Partner
Brian also has substantial experience representing clients in connection with false advertising and deceptive trade practices actions under Washington, DC’s Consumer Protection Procedures Act (CPPA), including in connection with “public interest organization” litigation brought under the CPPA and related issues of first impression at the D.C. Court of Appeals.
Additionally, Brian regularly counsels clients on litigation risk and risk management, and represents clients in business fraud cases and other consumer 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 business divorce arbitration alleging wrongful early termination of a payments contract resulting from the bank’s merger with another regional bank
- Representing a national restaurant chain, a national seafood wholesaler, and others in defending against litigation brought by various nonprofit public interest organizations under the D.C. Consumer Protection Procedures Act
- Represented a food company in appellate proceedings at the D.C. Court of Appeals on novel issues of first impression under the D.C. Consumer Protection Procedures Act
- Represented multiple DC-area property developers in connection with putative consumer class actions under the D.C. Consumer Protection Procedures Act
- 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 seeking to enforce an injunction in aid of a pending International Chamber of Commerce arbitration
- Represented a medical device manufacturer in the Southern District of New York with regard to 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 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 manufacturer against a contractor who made false and defamatory claims about the manufacturer 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 against such clawback claims
- Obtained a favorable settlement for 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 chair, Victim Services Advisory Board, Montgomery County, Maryland
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