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Brian E. Foster

Associate

Washington +1 202 662 5255

  • About
  • Representative Matters
  • Credentials
  • About

    Brian Foster is a litigation associate in the firm’s Washington, DC office whose practice focuses on representing policyholders in insurance coverage matters.  He also has experience in antitrust cases, ERISA and employee benefits matters, and complex commercial disputes.  In addition, Brian maintains an active pro bono litigation practice on behalf of several men unlawfully detained at Guantanamo Bay, Cuba.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Represents a subsidiary of National Grid in litigation regarding insurance coverage for historic environmental liabilities. 
    • Represented an energy company in proceedings before a court-appointed referee adverse to an insolvent insurer regarding insurance coverage for historic environmental liabilities.
    • Represented a leading tire manufacturer in commercial and fraud litigation with former employees and business partners.
    • Represented a national bank in CFPB enforcement actions relating to unfair and deceptive practices allegations.
    • Represented a leading electronics manufacturer in In Re TFT-LCD Antitrust Litigation, a consolidated set of antitrust cases brought by direct and indirect purchaser classes, state attorneys general, and “opt-out” plaintiffs who purchased liquid crystal displays used in televisions, notebook computers, mobile phones, and other products.
    • Represented a leading steel manufacturer in ERISA class action litigation concerning “whipsaw” claims under cash balance plans.

    • Represented a leading manufacturer of acoustic components in a patent infringement action before the International Trade Commission concerning MEMS microphone packaging technologies.
    • Represented a multinational manufacturing company in a pre-litigation matter regarding a major insurance company’s obligation under ERISA to pay dividends and return surplus funds associated with two decades-old pension annuity contracts.
    • Represented a national bank in commercial litigation with a regional furniture retailer chain.
    • Represented several companies in ERISA class actions regarding the proper calculation of benefits, spinoffs of pension plan obligations and assets, and other issues.

    Areas of Expertise

  • Credentials
    Education
    • Notre Dame Law School, J.D., 2007
        • summa cum laude
        • Farabaugh Prize for High Scholarship in Law
        • Notre Dame Law Review, Article Editor
    • Michigan State University, B.A., 1995
        • With Honor
        • Honors College
        • Spartan Marching Band
    Bar Admissions
    • District of Columbia
    • Virginia
    Judicial Clerkship
    • Hon. Paul V. Niemeyer, U.S. Court of Appeals, Fourth Circuit, 2007 - 2008
    Pro Bono
    • Represents several Yemeni nationals currently detained at Guantanamo Bay, Cuba, in habeas corpus litigation before the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States.
    • Represents criminal defendants against charges of assault, disturbing the peace, disorderly conduct, and trespass in Maryland state court.
    • Represented the Washington Humane Society in litigation regarding its pet adoption procedures.
    Accolades
    • Charles F.C. Ruff Pro Bono Lawyer of the Year (2014)
    • Washington DC Super Lawyers, Insurance Coverage "Rising Star" (2014-2016)
    • James William Moore Federal Practice Award from LexisNexis for the outstanding student paper in federal civil procedure and practice (2006).
    Memberships and Affiliations
    • George Mason University School of Law, Adjunct Professor of Law, co-teaching Federal Courts (2010-2011)
    Previous Experience
    • The Sterling Corporation, Lansing, Michigan, Account Executive (2002-2004)
    • Public Opinion Strategies, Alexandria, Virginia, Project Director (2001-2002)
    • The Eddie Mahe Company, Washington, DC, Associate (1998-2001)
    • American College of Nurse-Midwives, Washington, DC, Legislative Affairs Coordinator (1997-1998)

    Areas of Expertise

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