Brian J. Slipakoff practices in the area of commercial litigation, handling a wide variety of complex commercial disputes. He counsels clients involving claims related to contract disputes, business torts, securities and commercial fraud, various class actions, procurement bid protests, toxic tort and premises liability in state and federal courts throughout the country. In addition, Brian has represented Pennsylvania state insurance department in numerous matters arising of the liquidation of insolvent insurance companies.
In 2010, 2011, 2012 and 2013 he was named a Rising Star for Pennsylvania.
Admitted to practice in Pennsylvania, New Jersey and numerous federal courts, Mr. Slipakoff is a 2003 cum laude graduate of Georgetown University Law Center and a 2000 graduate of the University of Maryland.
Areas of Practice
· Securities Litigation
· Appellate Practice
· General Commercial Litigation
· Complex Litigation
· Procurement/Bid Protests
· Obtained a preliminary injunction in the Loudoun County, Virginia Circuit Court on behalf of a Virginia-based spinal medical device and biologics company against its former product manager who went to work for a competitor.
· Representing former officer and director of Fortune 300 exploration and production company in a number of related matters, including private claims of securities fraud and breach of fiduciary duty, a Securities and Exchange Commission inquiry, a Department of Justice inquiry, several state Attorney General inquiries and an internal audit committee inquiry.
· Representing former independent director of Chinese reverse-merger company against claims of securities fraud, obtaining dismissal of complaint. In re A-Power Energy Generation Sys., Ltd. Securities Litig., 2012 WL 1983341 (C.D. Cal. May 31, 2012).
· Represented perfume manufacturer in action against world-famous musician arising from the musician's failure to promote a perfume endorsed by him, successfully obtaining judgment in excess of $4.4 million. Revelations Perfume and Cosmetics, Inc. v. Nelson, 35 Misc.3d 1216(A), 2012 WL 1434856 (N.Y. Sup. Ct. Apr. 12, 2012).
· Represented broker-dealer specializing in debt securities against claims of securities fraud, aiding and abetting breach of fiduciary duty, unjust enrichment and fraudulent transfer, asserted ostensibly on behalf of the bankrupt estate of a customer.
· Represented a plaintiff investment adviser in a federal court action concerning breach of contract and tortious interference with subadvisory contracts.
· Defended a Fortune 100 cable and entertainment company in federal court action alleging violations of RICO, New York Consumer Protection Act, breach of fiduciary duty and fraud claims arising out of a stock-swap transaction. Gavin v. AT&T Corp., 543 F. Supp. 2d 885 (N.D. Ill. 2008).
· Successfully defended state governmental agencies in Pennsylvania Commonwealth Court and Supreme Court regarding the legality and constitutionality of the agency's procurement procedures and the legality of project labor agreements under Pennsylvania law. Glenn O. Hawbaker, Inc. v. Dep't of Gen. Servs., 17 A.3d 319 (Pa. 2011).
· Defended public housing authority in action for personal injury due to alleged exposure to lead-based paint, obtaining pre-trial dismissal of federal civil rights claims. Hurt v. Phila. Hous. Auth., 70 Pa. D. & C.4th 142 (C.C.P. Phila. 2005).
· Obtained reversal of a trial court order denying post-settlement discovery and evidentiary hearing to aircraft engine manufacturer. Eigen v. Textron Lycoming Reciprocating Engine Div., 874 A.2d 1179 (Pa. Super. 2005).
· Obtained a decision from the Superior Court of Pennsylvania upholding a decision that outdoor advertising company had not breached a lease of a billboard and reversing a $313,167.94 judgment that had been entered for the billboard owner for delays its actions allegedly caused in the processing of the owner's zoning variance application. CBS Outdoor, Inc. v. Warfield Phila., L.P., 32 A.3d 280 (Pa. Super. 2011).
· Obtained a defense verdict following a month-long jury trial in favor of Italian vineyard on $18 million breach of the warranty of merchantability claim. Secured $500,000 verdict for vineyard on its counterclaim for breach of contract and successfully defended verdict on both post-trial motions and before the U.S. Court of Appeals for the Second Circuit. Palm Bay Int'l, Inc. v. Marchesi Di Barolo S.p.A., 796 F. Supp. 2d 396 (E.D.N.Y. 2011), aff'd, F. App'x 643 (2d Cir. May 17, 2012).
· Obtained a decision from the U.S. Court of Appeals for the Third Circuit affirming a district court decision made pursuant to the Foreign Sovereign Immunities Act that refused to confirm an arbitration award that had been entered against the client, a bank owned by the government of Brazil. Aurum Asset Managers, LLC v. Bradesco Companhia de Seguros, 441 F. App'x 822 (3d Cir. 2011).
· Duane Morris LLP
- Special Counsel, 2013-present
- Associate, 2009-2012
· WolfBlock LLP
- Associate, 2003-2009
· American Bar Association
· Pennsylvania Bar Association
Honors and Awards
· Listed in Pennsylvania Rising Stars, 2010-2013
· Author, "Supreme Court Rejects Stipulation by Proposed Class Representative as Defeating Federal Removal Under Class Action Fairness Act of 2005," Duane Morris Alert, March 21, 2013
· Author, "Lawyers See Challenges in Cross-Border Disputes," Chicago Daily Law Bulletin, November 10, 2011
· Co-author, "Avoiding the Dangers of Electronic Discovery: To Delete, or Not to Delete?", Philadelphia SmartCEO, September 2011
· Co-author, "U.S. District Court Imposes Stiff Sanctions for Destruction of Electronically Stored Information in Discovery," Duane Morris Alert, September 27, 2010
· Co-author, "Supreme Court Allows Arbitrators to Determine Validity of Arbitration Agreements, Strengthening Enforcement," Duane Morris Alert, June 24, 2010
· Co-author, "Are Stock Donations to Charities Subject to Insider Trading Prohibitions?" The Legal Intelligencer, June 28, 2006
· Co-author, "The Criminal Defense Attorney Facing Prospective Client Perjury," 15 Geo. J. Legal Ethics 935 (2002)