Attorneys

Partner

Brian C. Brook

From working at the prestigious firms of Sullivan & Cromwell LLP and Greenberg Traurig LLP to opening his own practice in 2012, Brian has represented dozens of companies, executives, and investors. He has been involved in numerous cases that received national media attention, including the memorabilia fraud and racketeering lawsuit against Eli Manning and the New York Giants, which received front page billing on the New York Post--twice--and a Sunday feature story in the Washington Post.

The heart of Brian's diverse practice is the trust that he and his clients share. His first client when starting this firm was the former CEO of New York's largest drugstore chain in a federal criminal appeal. Even after losing that appeal, the client stuck with Brian as his lead counsel in subsequent litigation, including successful appeals of his sentence and an arbitration against his former employer. And Brian still represents that client today in other matters.

Although primarily experienced as a litigator, Brian has served as the go-to U.S. counsel for all legal matters, including transactional work, for two different companies that were based abroad but with business dealings in the U.S.

More recently, in a testament to Brian’s business acumen as well as his legal skills, the board of directors of one of Brian’s former clients tapped him to become the company’s new CEO. He has also served as Executive Vice-President of another client company, supervising over 80 employees and successfully negotiating a sale of that company (with the assistance of experienced mergers and acquisitions counsel).

Since starting his own practice, Brian has handled numerous different litigation matters, including the following:

CIVIL CASES

• Won a federal bench trial on behalf of individuals who were cheated out of their inheritance by their greedy uncle and cousin. Judge Kaplan awarded the clients control of the family business (a wine distributor) in addition to over $20 million in damages, including interest and punitive damages.

• Won federal jury trial in New York on behalf of former Deputy Director of the Patent and Trademark Office in a contract and patent-ownership dispute against large gaming company.

• Represented memorabilia collectors in consumer-fraud, malicious prosecution, and racketeering lawsuit against New York Giants, Quarterback Eli Manning, and several other Giants employees for distributing counterfeit memorabilia and then covering it up, resulting in one client being falsely charged with federal mail fraud.

• Represented the families of teenagers, who were killed by members of the U.S. Army while on U.S. soil, in Federal Tort Claims Act suit against the United States.

• Argued and won Federal Circuit appeal in patent ownership and licensing dispute in which opposing party attempted to manufacture federal jurisdiction.

• Represented former retail CEO in complex arbitration against his former employer. 

• Defended energy-technology company against claims of fraud, racketeering, and breach of contract filed by two disgruntled investors in federal court in New York.

• Represented real estate brokerage firm in a breach of contract and unjust enrichment action to recover an unpaid commission. Negotiated favorable settlement after defendants’ depositions.

• Represented directors and shareholders of real-estate development company in a corporate governance dispute with the other directors and shareholders.

CRIMINAL CASES

• Represented former Duane Reade CEO in appeals of convictions and sentence in U.S. Court of Appeals for Second Circuit and Supreme Court; won successive appeals seeking vacatur of parts of restitution award.

• Successfully defended Somali government official in three-week federal jury trial against federal charges of piracy on the high seas.

INTERNAL INVESTIGATIONS

• Retained as independent counsel to investigate claim of racial discrimination by supervisor in mid-size company.

Education

DUKE UNIVERSITY SCHOOL OF LAW
J.D., magna cum laude, 2005
Order of the Coif
Duke Law Journal, Notes Editor
Mordecai Scholar
Moot Court Board
Mock Trial Board, President & Founder
Federalist Society, Chapter President
Duke Law Drama Society, President

UNIVERSITY OF CALIFORNIA, SAN DIEGO
B.S., Biochemistry and Cell Biology, magna cum laude, 2002
Earl Warren College Leadership Award

Bar Admissions

• New York, New Jersey
• United States Supreme Court
• U.S. Courts of Appeals: Second, Third, Ninth, D.C. and Federal Circuits
• U.S. District Courts: S.D.N.Y, E.D.N.Y., D.N.J.

Clerkship

Honorable Ernest C. Torres, U.S. District Court for the District of Rhode Island

Honors

•Selected to Super Lawyers’ 2016 Rising Stars for General Litigation in the New York City Metropolitan Area

Publications

“Mock” Mock Juries: A Field Experiment of the Ecological Validity of Jury Simulations, 31 Law & Psych. Rev. 77 (2007) (coauthor)

Federalizing the First Responders to Acts of Terrorism via the Militia Clauses, 54 Duke L. J. 999 (2005)

ASSOCIATED ATTORNEYS

Ryan Bates, Bates PLLC

Through his own firm, Bates PLLC, Ryan Bates handles a range of matters before state and federal tribunals, with particular expertise in legal writing and appellate practice.

Before starting his own firm in 2013, Ryan was an associate at Yetter Coleman LLP, a prestigious litigation boutique.

Education

DUKE UNIVERSITY SCHOOL OF LAW
summa cum laude (No. 1 in Class of 2006)

RICE UNIVERSITY
B.S., Mechanical Engineering

Bar Admissions

• Texas

Clerkship

Honorable David M. Ebel, Tenth Circuit U.S. Court of Appeals