BrianBrook.jpg

Brian C. Brook

PARTNER

New York / New Jersey
(212) 257-2334 (phone)
(646) 257-2887 (fax)
brian@clintonbrook.com 

Brian C. Brook has handled a wide range of commercial cases—including contract and licensing disputes, securities actions, and consumer cases—in trial courts, appeals courts, and before arbitrators. His practice also includes criminal defense and internal investigations. 

Brian’s current and recent clients include corporate executives, governmental officials, investment fund managers, teachers, accountants, and even other lawyers, as well as a variety of small and mid-size companies.

Brian previously practiced at Sullivan & Cromwell and Greenberg Traurig in New York, where his work included civil and criminal securities cases, corporate employment disputes, internal investigations, federal regulatory investigations, and multiparty arbitration.


Civil Cases:

  • 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.
  • Represents memorabilia collectors in consumer-fraud lawsuit against New York Giants, Quarterback Eli Manning, and several other Giants employees for distributing counterfeit memorabilia.
  • 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
Duke Law Journal, Notes Editor
Mock Trial Board, Founder
Moot Court Board

University of California, San Diego, BS
magna cum laude
Phi Beta Kappa

 

Clerkship

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


Honors

Selected for inclusion in SuperLawyers’ 2016 list of New York Rising Stars in General Litigation


Professional Activities

New York City Bar Association
American Bar Association

 

Admissions

New York
New Jersey
District of Columbia
Supreme Court of the United States
U.S. Courts of Appeals for the Second Circuit, D.C. Circuit, and Federal Circuit
U.S. District Courts for the Southern District of New York, Eastern District of New York, and District of New Jersey

 

Presentations

“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)