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Brendon P. Fowler

Fax +1.202.778.9100

Mr. Fowler concentrates his practice in the area of commercial litigation, which includes a wide variety of matters related to transportation, telecommunications, product liability, and toxic tort.  He represents clients in civil actions in state and federal court, at both the trial and appellate levels.  Mr. Fowler also represents clients in administrative proceedings before state and federal agencies, and has experience advising clients on various regulatory issues, including railroad commercial, safety, and procurement issues involving the Surface Transportation Board and the Federal Railroad Administration.  He also has significant experience representing clients with respect to regulatory matters before the Railroad Retirement Board, the Federal Communications Commission, the Environmental Protection Agency, and the Securities and Exchange Commission.  In addition, Mr. Fowler also has experience in advising clients with regard to internal investigations and related compliance issues.

Professional/Civic Activities

  • American Bar Association
  • New York State Bar Association
  • District of Columbia Bar Association
  • Representation of rail operators and shortlines in various transactions and adversarial proceedings before both the Surface Transportation Board and the Federal Railroad Administration,
  • Representation of a banking client in a Winstar case before both the United States Court of Federal Claims and the United States Court of Appeals for the Federal Circuit, with an ultimate award of over $85 million in damages to the client,
  • Representation of a state municipality in an appeal to the United States Court of Appeals for the District of Columbia Circuit of certain actions of the Federal Energy Regulatory Commission, including a successful emergency motion for stay of agency action, and ultimate success on the merits,
  • Representation of California landowners in suit brought by the Environmental Protection Agency alleging illegal filling of wetlands, resulting in a successful settlement,
  • Representation of corporate clients before both the Superior Court of the District of Columbia, and the District of Columbia Court of Appeals with regard to numerous toxic tort and asbestos cases,
  • Representation of corporate clients in a wide range of commercial litigation cases, including contract disputes, construction disputes, product licensing and intellectual property disputes, and other property disputes, and
  • Pro bono representation of an indigent client before the Social Security Administration, which resulted in a successful ALJ determination that the agency was not entitled to recover benefit overpayments.