Brian D. Netter

Washington,  DC  U.S.A.
Phone+1 202 263 3339

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Experience & Credentials

Practice Areas

  • Employment & Benefits
  • ERISA Litigation
  • Litigation & Dispute Resolution
  • Supreme Court & Appellate
Contact InfoTelephone: +1 202 263 3339
Fax: +1 202 263 5239
University University of Michigan, B.S.E., Industrial & Operations Engineering, summa cum laude, 2002; University of Michigan, M.S.E., 2003
Law SchoolYale Law School, J.D., 2006
Admitted2006, Illinois; 2007, US Court of Appeals for the District of Columbia Circuit; 2008, District of Columbia; 2008, US Court of Appeals for the Federal Circuit; 2009, US Court of Appeals for the Ninth Circuit; 2014, US District Court for the District of Columbia; 2009, US Court of Appeals for the Seventh Circuit; 2011, US Supreme Court; 2012, US Court of Appeals for the Eleventh Circuit; 2012, US Court of Appeals for the Sixth Circuit; 2012, US Tax Court; 2009, US Court of Appeals for the Second Circuit

Brian Netter is a partner in the Washington office of Mayer Brown's Supreme Court & Appellate practice.

Brian briefs and argues high profile and legally complex cases. His experience covers a broad range of substantive areas, and he frequently litigates cases involving administrative law, constitutional law, and ERISA. Earlier in his career, Brian served as a law clerk to Associate Justice Stephen Breyer on the US Supreme Court and to Judge Judith W. Rogers on the US Court of Appeals for the DC Circuit.

Much of Brian's work involves issues of first impression in the federal courts. He is currently co-lead counsel to the District of Columbia Council in litigation against the Mayor about the District's right to spend local tax dollars. On three occasions, Brian's innovative work has been recognized in The National Law Journal's Appellate Hot List, including a case in which he filed briefs convincing the Supreme Court to invalidate a local ordinance under the Constitution's little-known Tonnage Clause and another case in which his briefs in the DC Circuit resulted in the invalidation of a significant EPA rulemaking as impermissibly retroactive. Brian has also been recognized by Washington Super Lawyers as an emerging star in appeals.

On ERISA questions, Brian litigates class action disputes and advises clients on issues prompting such litigation, particularly as relates to ERISA's fiduciary standards. He is a frequent commentator on ERISA issues, including the Supreme Court's ERISA docket.

Prior to his career as a lawyer, Brian earned undergraduate and graduate degrees in Industrial & Operations Engineering.


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What ERISA Plan Fiduciaries Can Learn From Tibble v. Edison International
Reginald R. Goeke,Brian D. Netter,Nancy G. Ross, March 5, 2015
On February 24, the US Supreme Court heard arguments in an ERISA case challenging the prudence of certain investment options included within a 401(k) lineup. Although a decision is not expected until spring, certain risk avoidance lessons for plan sponsors and fiduciaries follow from the...

US Supreme Court Grants Certiorari in Tibble v. Edison Int’l
Brian D. Netter,Nancy G. Ross, October 9, 2014
The Employee Retirement Income Security Act (ERISA) permits plan participants to challenge the prudence of actions by plan fiduciaries as long as they do so within six years. On October 2, 2014, the Supreme Court granted certiorari in Tibble v. Edison Int’l, No. 13-550, to decide whether plan...
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Office Information

Brian D. Netter

1999 K Street, N.W.
WashingtonDC 20006-1101


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