Brian Koosed is a partner in the firm's Washington, D.C., and New York offices who represents corporations, banks and other financial institutions, and high net-worth individuals in a broad range of commercial disputes.
Brian has extensive experience with the retail manufacturing, and financial services sectors, particularly in the context of adversary proceedings arising out of complex Chapter 11 bankruptcies. He also has extensive experience with shareholder and M&A “deal” disputes, including: (i) shareholder derivative suits challenging public company M&A transactions; (ii) suits asserting entitlement to escrowed portions of a purchase price pursuant to post-closing indemnity or other obligations; (iii) suits challenging whether pre-closing conditions have been met; and (iv) suits challenging whether post-closing earn-outs have been triggered or are otherwise owed.
Finally, Brian also has experience defending and prosecuting breach of contract and business tort claims and defending class action disputes, litigating civil disputes arising under the False Claims Act and RICO, and with the firm's appellate, insurance coverage, and e-discovery analysis and technology (e-DAT) groups generally.
Brian currently serves as the pro bono partner for the firm's Washington, D.C. office and is the Co-Chair of the Montgomery County (MD) Victim Services Advisory Board. He enjoys chasing after his two young kids when he's not busy working on billable and pro bono matters.
- Presenter, How Safe Are the ‘Safe Harbors’?: A Look at the Development of Bankruptcy Code Section 546(e) and New Questions After the Supreme Court’s Decision in Merit Management, National Conference of Bankruptcy Judges Webinar (March 2019) (prior version of this webinar was presented as a K&L Gates Webinar on July 11, 2018).
Brian has authored or co-authored numerous articles and treatises addressing topics impacting bankruptcy litigation, class actions, and the litigation and dispute resolution processes generally. His most recent publications include:
- “Arbitration As An Enforcement Solution In Cannabis Contracts,” Law360, 31 March 2022
- Lead author, Extra‼ Extra‼ Click All About It? Modernizing Public Notice Laws in a Digital Age, University of Virginia Journal of Social Policy & the Law (April 2019).
- “Annie, Get Your Gun, But Please Don't Bring It to the Depo,” Texas Lawyer, 31 January 2019
- Lead author, Limiting the Scope of Discovery Through Contract, Law360, 4 October 2018 (discussing how sophisticated parties can use contractual provisions to limit the scope of discovery in any future litigation under their contracts).
- Lead author, CPLR 3213 – An Unheralded Procedural Remedy, New York Law Journal (10 May 2018) (examining how lenders can use the ability to file a summary judgment motion at the outset of a dispute to their advantage to enforce notes, guaranties, and other loan documents in New York state court).
- Lead author, The Stakes Are High In FTI Consulting v. Merit Management, Law360 (18 May 2017) (analyzing bankruptcy case before the U.S. Supreme Court concerning the scope of the Bankruptcy Code's safe harbor for securities settlement payments).
- Lead author, Disregarding the Corporate Form: Why Judges, Not Juries, Should Decide the Quiddets and Quillets of Veil Piercing, New York University Journal of Law and Business, Vol. 13 (Fall 2016).
- Sole author, Nevada chapter of the 50-state treatise State Class Actions: Practice and Procedure, Wolters Klewer, 2009-2014.
- Mentioned, "EU Says €291M Arbitration Award Violates European Law," Law360, 3 June 2022