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Brian Foster
OVERVIEW

Brian E. Foster

Of Counsel

Washington, D.C.

555 12th Street N.W.
Suite 1200
Washington, DC 20004-1275

P 202-408-6917

F 202-289-1330

With over 15 years of experience, Brian Foster concentrates his practice on representing policyholders in complex insurance coverage matters. Calling upon his ability to master intricate factual details, Brian provides persuasive and clear arguments that reflect his clients’ objectives.

OVERVIEW

With over 15 years of experience, Brian Foster concentrates his practice on representing policyholders in complex insurance coverage matters. Calling upon his ability to master intricate factual details, Brian provides persuasive and clear arguments that reflect his clients’ objectives.

Brian has deep experience managing discovery and e-discovery, including large document collections and reviews, and has experience litigating motions seeking sanctions for alleged spoliation of evidence. 

In addition, Brian has drafted numerous pleadings, procedural and discovery motions, summary judgment briefs and appellate briefs. He has argued motions in state and federal courts across the country and has in-person and remote trial experience, including second-chairing for direct and cross-examination of witnesses.

Earlier in his career, Brian litigated a broad array of matters, including antitrust, employee benefits, intellectual property, consumer class action, and commercial contract disputes.

Before joining Barnes & Thornburg, Brian was an associate with a global law firm where he maintained an active pro bono litigation practice on behalf of several men unlawfully detained at Guantanamo Bay, Cuba.

Professional and Community Involvement

Former adjunct professor, George Mason University School of Law

Honors

The Best Lawyers in America, Ones to Watch, 2021-2025

Washington, D.C., Super Lawyers Rising Star, 2014-2016

EXPERIENCE
Experience
  • Represented a New York area energy provider in litigation regarding insurance coverage for historic environmental liabilities that led to a five-week trial resulting in a favorable jury verdict.*
  • Represented the successor to several manufacturers of pumps, valves, brakes, signals, and other asbestos-containing products in litigation regarding insurance coverage for asbestos liabilities resulting in several favorable summary judgment rulings applying all-sums allocation and favorable settlements with excess insurers.*
  • Represented a manufacturer of boiler ovens and other asbestos-containing products in litigation regarding coverage for asbestos liabilities resulting in revised coverage-in-place agreement guaranteeing availability of coverage and preserving the client’s right to select defense counsel and control defense and settlement strategy.*
  • Represented a pharmaceutical company in pre-claim investigation concerning possible claim under employee crime policy arising from allegations of fraud by employees at one of the company’s overseas subsidiaries.*
  • Represented a national bank in CFPB enforcement actions relating to unfair and deceptive practices allegations.*
  • Represented a leading electronics manufacturer in a consolidated set of antitrust cases brought by direct and indirect purchaser classes, state attorneys general, and “opt-out” plaintiffs who purchased liquid crystal displays used in televisions, notebook computers, mobile phones, and other products.*
  • Represented a Korean manufacturer of lithium-ion batteries for electric vehicles in a Section 337 investigation before the International Trade Commission that resulted in a confidential settlement after a week-long remote trial.*
  • Represented a manufacturer of acoustic microphone components in Section 337 Investigation before the International Trade that resulted in a confidential settlement after an eight-day trial.*
  • Represented a leading steel manufacturer in ERISA class action litigation concerning “whipsaw” claims under cash balance plans.*

* These matters occurred prior to joining Barnes & Thornburg.

 
Publications

Co-author, ABA Litigation Section, Insurance Coverage Litigation Committee, “‘Fake President Fraud’ – Is It Covered?,” March 4, 2017

Notre Dame Law Review, “Serious Mischiefs: Exxon Mobil Corp. v. Allapattah Services, Inc., Supplemental Jurisdiction, and Breaking the Promise of Finley,” 2006

INSIGHTS AND EVENTS
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