Brian D. Koosed

Partner
Koosed Brian

Brian Koosed is a seasoned litigator who represents corporations, financial institutions, and high-net-worth individuals in all aspects of commercial litigation and arbitration. Brian has extensive experience with commercial disputes in the retail, manufacturing, and financial services sectors, particularly in the context of “business divorces.” Specifically, Brian has represented clients in connection with pre-closing and post-closing disputes arising out of complex M&A transactions, disputes between joint venture members or other business partners, wrongful termination claims, and adversary proceedings in Chapter 11 bankruptcies.

Brian also regularly counsels clients on litigation risk and risk management; represents clients in business fraud cases and deceptive trade practice and other consumer protection 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

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 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 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 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
  • Represented a food company in successfully obtaining dismissal of an action in DC Superior Court under the DC Consumer Protection Procedures Act based on novel choice-of-law argument
  • 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 claw back claims
  • Obtained a favorable settlement 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 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

Credentials
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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. 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, Montgomery County, Maryland Victim Services Advisory Board

Community
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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