Richard B. Brosnick is a shareholder practicing in Butzel Long's New York office. He is a 1992 graduate of Columbia University and a 1996 graduate of New York University School of Law (magna cum laude and Order of the Coif). Mr. Brosnick concentrates his practice and has extensive experience in the areas of commercial contract litigation, securities law, antitrust law, white collar crime, intellectual property and employment law.

Prior to joining the New York office of Butzel Long, Mr. Brosnick was an attorney with the law office of Piliero Goldstein, LLP, of New York, New York. He has represented a broad range of clients in a wide variety of commercial litigations in federal and state courts, including successful representations regarding claims of alleged antitrust violations, securities fraud, breach of contract, and infringement of intellectual property rights.

Mr. Brosnick is fluent in Spanish and was a Professor of English at Colegios-Liceo Anglo/Espanol in Madrid, Spain (1992-1993).

Among Mr. Brosnick's publications is "'Schottdorf': §1782(a) in Discovery in Foreign Actions" (co-author), New York Law Journal, April 6, 2007.

Mr. Brosnick is admitted to practice in New York, New Jersey, and the District of Columbia, as well as several federal courts. He is a member of the American Bar Association and the Association of the Bar of the City of New York.


REPRESENTATIVE MATTERS

Securities Law

Defended an issuer of securities against claims by its underwriter arising out of its IPO and an underlying securities class action.

Defended prominent hedge funds in 18 related federal and state litigations, as well as NASD and AAA arbitrations, arising out of criminal conduct of the clients' portfolio manager that resulted in the liquidation of the funds.

Represented and advised a hedge fund in connection with potential litigation risk arising from alleged representations by fund managers regarding fund's asset and mortgage back securities.

Represented a major international bank with respect to potential securities fraud claims involving the purchase and sale of asset and mortgage back securities.

Represented a large purchaser of a complex equity derivative investment in claims implicating regulatory issues under both federal securities and commodities laws.

Defended several issuer-defendants in related securities actions concerning the structuring of their respective IPOs. In re Initial Public Offering Securities Litigation, 21 MC 92 (S.D.N.Y.).

Defended a subsidiary of national insurance company against third party and class action claims alleging its participation in securities and common law fraud perpetrated by primary defendant, for which the client had brokered insurance. In re Bennett Funding Group, Inc. Securities Litigation, 97 Civ. 9485, M.D.L. No. 1153 (S.D.N.Y.).

Commercial Contract Litigation

Represented and advised a hedge fund with respect to rights and obligations pursuant to a credit facility agreement with a major financial institution.

Represented and advised hedge funds and financial institutions in connection with their rights and obligations pursuant to contracts governing the conduct and closing of a wide variety of transactions.

Represented a major pharmaceutical company prosecuting claims against its contract manufacturer regarding a recall of the product at issue and related breaches of the client's rights, leading to a favorable settlement of the client's claims. Alpharma USPD Inc. v. Armstrong Pharmaceuticals, Inc., et al., 03 Civ. 7649 (S.D.N.Y.).

Represented a wide variety of suppliers and purchasers with respect to contractual issues arising in connection with commercial supply agreements.

Represented an international telecommunications equipment manufacturer in ICDR arbitration against its former component supplier regarding breaches of supply agreement, as well as resulting expenses and lost profits.

Defended close corporation and majority shareholder against breach of contract, conversion and dissolution claims brought by alleged minority shareholder. Penalver v. Magenta Fields, et al., Index No. 604358/02 (Sup. Ct. N.Y. Co.).

Antitrust Law

Defended a major issuer of credit and debit cards against a class action of merchants claiming that its rule requiring retailers who accepted any of its payment cards to accept all such cards constituted a tie in violation of Section 1 of the Sherman Act as well as a monopolization of the alleged market for debit cards. In re Visa Check/MasterMoney Antitrust Litigation, CV-96-5238 (E.D.N.Y.).

Defended a high technology "rapid prototyping" company against an action filed by the DOJ alleging that its acquisition of an alleged competitor violated Section 7 of the Clayton Act, as well as in subsequent consent decree negotiations. U.S. v. 3D Systems Corp. and DTM Corp., Civil Action No. 1 : 01CV01237 (D.D.C.).

Analyzed antitrust risk of pending transactions for hedge funds and financial institutions.

Represented a large consumer products company with respect to multiple threats of litigation from competitors, alleging that the client's distribution and discount agreements with retailers supported claims of monopolization and attempted monopolization in violation of Section 2 of the Sherman Act. No claims were filed against the client.

Counsel and represent several large corporations, including SAP AG, Sirona Dental Systems, GmbH, Staples Superstore, Inc., Casio, Inc. and Alpharma USPD, Inc., with respect to antitrust issues implicated by a wide variety of licensing, pricing and distribution arrangements.

Counseled and represented several large corporations, including Newell Rubbermaid, Inc., Schlumberger Ltd., Sirona Dental Systems, GmbH, and PanAmSat Corp., with respect to the planning and antitrust defense of proposed transactions, as well as coordinating such defenses with parallel investigations by foreign competition authorities.

White Collar Crime

Represented witnesses and targets of federal and state investigations and prosecutions of alleged bid rigging and other price fixing conspiracies in various financial services industries.

Represented a target of the Department of Justice's and Securities and Exchange Commission's parallel investigation into alleged price fixing and related securities law violations in the municipal bond underwriting industry.

Represented a potential target of options back-dating investigation by U.S. Attorneys Office, and negotiated a non-prosecution agreement for the client as a witness.

Represented individuals and companies subject to SEC subpoenas and investigations concerning alleged violations of securities laws with respect to a wide variety of financial transactions.

Employment Law

Represented an investment bank in arbitration against its former employees with respect to breaches of employment contracts, breaches of fiduciary duty, and theft of trade secrets and other confidential information.

Defended and won summary judgment in favor of a national insurance company dismissing claims of breach of contract and wrongful termination brought by former employee. Nausch v. Aon Corp., Index No. 604864/97 (Sup. Ct. N.Y. Co.).

Defended and won summary judgment in favor of former employees dismissing claims brought by former employer alleging breaches of fiduciary duty, unfair competition and tortious interference with business opportunities. Ledy, et al. v. Wilson, et al., Index No. 605305/03 (Sup. Ct. N.Y. Co.).

Represented and advised employers and employees with respect to employment agreements, separation agreements, releases and related concerns.

Intellectual Property

Represented golf equipment manufacturer in negotiations and contemplated litigation against a competitor and prominent athlete regarding the athlete's appearance in the competitor's television commercials in apparent violation of his exclusive endorsement agreement with the client, leading to a favorable settlement protecting the client's trademark and contract rights.

Represented a technology consulting company in negotiations and contemplated litigation against its former client regarding breach of the parties' non-disclosure agreement and related copyright infringement and theft of trade secrets claims.

Represented a subsidiary of an international beer manufacturer in arbitration against its joint venture partner seeking damages and injunctive relief concerning its partner's agreement to merge with a competing beer manufacturer, which, as originally proposed, would have allowed the competing manufacture to use the client's trade secrets and other intellectual property transferred to defendant pursuant to the joint venture agreement.

Represented an international children's toy and apparel company with respect to its registration of copyrights and trademarks in the United States, as well as regarding licensing agreements concerning such intellectual property.

Products Liability

Defended international manufacturer of lighting equipment in asbestos litigation alleging product liability and wrongful death based on asbestos content of theatre lighting equipment. Bercu v. BICC Cables Corp., et. al., Index No. 03-109091 (Sup. Ct. N.Y. Co.).

Defended international tobacco company in several class actions alleging fraud and product liability claims. One such action that proceeded to trial and a favorable verdict was Iron Workers Local Union No. 17 Insurance Fund v. Philip Morris, Inc., et al., Civil Action No.: 1: 97 CV 1422 (N.D. Ohio).