Brian has successfully litigated a wide variety of employment-related cases, including claims under Title VII and Title IX, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Fair Credit Reporting Act, the Family Medical Leave Act and state leave laws, the Inevitable Disclosure Doctrine, state discrimination and retaliation statutes, the Fair Labor Standards Act and state wage and hour laws.

Brian is also an experienced ERISA and benefits litigator, having successfully handled numerous class action and single plaintiff cases over the last 30 years. Brian’s ERISA litigation experience includes class action and US Department of Labor cases involving claims for breaches of fiduciary duty related to excessive fees and precipitous stock drops, as well as many cases in the health care industry. Brian has represented ERISA plan fiduciaries and trustees in connection with ERISA- and benefits-related investigations conducted by the US Department of Labor.

Brian advises US and multi-national companies and executives on all aspects of employment, labor, and corporate compliance, including drafting and negotiating employment and separation agreements, corporate restructurings and reductions in force, corporate transactions, internal corporate investigations, handbooks and policy manuals, sexual harassment and other sensitivity training, protecting against employee raiding and theft of trade secrets and other confidential information, and compliance with all federal, state and local discrimination laws. Brian frequently represents companies on multi-national counseling projects by engaging and coordinating lawyers from a vast network located in more than 80 countries.

Brian has extensive experience advising both corporations and executives with respect to rights of indemnification and advancement of legal fees and costs. Brian also has unique experience drafting, negotiating, and litigating force majeure provisions in contracts relating to many different industries, including entertainment, healthcare, hotel and tourism, insurance, and real estate.

With respect to alternative dispute resolution, Brian regularly represents clients in arbitrations before the American Arbitration Association (AAA), Judicial Arbitration and Mediation Services (JAMS), and Financial Industry Regulatory Authority (FINRA), and in mediations before the AAA, JAMS, the US Equal Employment Opportunity Commission, and the courts.

Brian authors and regularly updates two chapters in the Lexis Nexis treatise Corporate Compliance Practice Guide, The Next Generation: (1) “Specific Corporate Compliance Challenges by Practice Area: ERISA” and (2) “Background Checks and Their Importance for the Compliance Program;” and a chapter in the Practising Law Institute’s treatise International Corporate Practice: International Law Firm Network.

During law school, Brian was a member and symposium editor of the Rutgers Law Review.

Previously, Brian led the global employment and labor practice and the ERISA and benefits litigation practice at another AmLaw 100 firm.

Show Less