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Brian D. Koosed

Brian Koosed is a partner in the firm's Washington, D.C. office who represents corporations, financial institutions, and high net-worth individuals in a broad range of complex commercial litigation and disputes.

Specifically, Brian has extensive experience with the retail and financial services sectors, particularly in the context of adversary proceedings arising out of complex Chapter 11 bankruptcies. He also has extensive experience with defending and prosecuting breach of contract and business tort claims and defending class action disputes.

Brian 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 in 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 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).
Additional Thought Leadership Pages

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: 

  • 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 (October 4, 2018) (discussing how sophisticated parties can use contractual provisions to preemptively limit the scope of discovery in any future litigation under their contracts).
  • Lead author, CPLR 3213 – An Unheralded Procedural Remedy, New York Law Journal (May 10, 2018) (examining how lenders can use CPLR 3213 to their advantage in New York state court litigation).
  • Lead author, The Stakes Are High In FTI Consulting v. Merit Management, Law360 (May 18, 2017) (analyzing bankruptcy case before U.S. Supreme Court on 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.
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