Brian McGrath represents companies in complex commercial litigation, with a focus on financial services litigation, intellectual property litigation, antitrust litigation, and white collar criminal investigations. He began his career at a prominent international law firm representing clients in high-stakes commercial litigation matters in a variety of business sectors, including landmark biotechnology patent litigation.
Brian relies on experience with complex commercial litigation cases in a variety of settings to serve clients in the financial services industry, where he counsels and represents financial institutions, including mortgage loan servicers, regarding lender liability litigation, consumer protection statutes, disclosure pursuant to the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), as well as federal and state requirements for loan servicing. Brian’s practice requires him to routinely appear in courts throughout the state of New York, including conducting hearings and trials and engaging in complex motion practice.
Brian also previously served as a Special Assistant District Attorney in the Kings County District Attorney’s Office.
- Represented large financial services institutions in a federal action seeking relief from purported violations of a pooling and servicing agreement for mortgage backed securities. Obtained a dismissal of all charges in the District Court and the ruling was affirmed by the Second Circuit.
- Represented a large financial services institution in a mediation proceeding after a borrower made allegations of bad faith in refusal to offer a loan modification and sought sanctions. Obtained a favorable ruling that the financial services institution had not acted in bad faith.
- Represented a large biotechnology company in connection with landmark patent litigations where the United States Supreme Court ultimately ruled in the client’s favor and established that a extant licensee to a patent has Article III standing to challenge a patent.
- Represented a major pharmaceutical provider in a series of arbitrations throughout the country relating to improper withholding of co-payments pursuant to the Medicare Part D program. Obtained successful decisions on behalf of the client, entitling it to full payment.
- Association of the Bar of the City of New York (Former Secretary, LGBT Rights Committee)
- New York State Bar Association
- National Distinguished Service Award, Boy Scouts of America
Community and Other Activities
- Development Authority of the North Country, Board of Directors
- SUNY Oswego College Council, Board of Directors