Brian J. Slipakoff

Special Counsel

  • Brian J. Slipakoff
  • Phone: +1 215 979 1195
    Fax: +1 215 405 3897

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  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

Brian J. Slipakoff practices in the area of commercial litigation, handling a wide variety of complex commercial disputes. He counsels clients at both appeals and at the trial level involving claims related to mortgages, credit cards and other consumer financial products, contract disputes, business torts, securities and commercial fraud, various class actions, procurement bid protests in state and federal courts throughout the country, as well as Pennsylvania charter school application and authorization process.

In 2010 through 2018, 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

  • Appellate Practice
  • Consumer Financial Products Litigation
  • Securities Litigation
  • General Commercial Litigation
  • Complex Litigation
  • Procurement/Bid Protests

Representative Matters

  • Successfully defended the Pennsylvania state governmental agencies concerning the legality and constitutionality of the agency’s toll structures. Owner Operator Indep. Drivers Ass’n, Inc. v. Pennsylvania Tpk. Comm’n, 934 F.3d 283, 288 (3d Cir. 2019).
  • Successfully defended a Master Limited Partnership in obtaining dismissal of a putative securities class action, which was affirmed on appeal by the Third Circuit Court of Appeals. Fan v. StoneMor Partners LP, 927 F.3d 710 (3d Cir. 2019)
  • Successfully represented a mortgage securitization trust before the Third Circuit Court of Appeals in obtaining a reversal of a summary judgment ruling that the trust’s mortgage had been divested by a tax sale because the sale failed to comply with the statutory requirements imposed under Pennsylvania law. Deutsche Bank Nat’l Trust Co. v. Bendex Properties, LLC., 778 F. App’x 159 (3d Cir. 2019).
  • Successfully represented a juvenile previously, and unconstitutionally, sentenced to life without parole in having his sentence overturned before the Pennsylvania Supreme Court. Commonwealth v. Machicote, 206 A.3d 1110 (Pa. 2019).
  • Successfully represented a Pennsylvania cyber charter school applicant before the Pennsylvania Commonwealth Court, obtaining the first-ever decision from that Court reversing a denial of a cyber charter application by the Pennsylvania Department of Education. Insight PA Cyber Charter School v. Dep’t of Educ., 162 A.3d 591 (Pa. Cmwlth. 2017) (en banc).
  • Successfully represented a mortgage servicing company before the Fourth Circuit Court of Appeals in obtaining affirmance of a grant of summary judgment based on Bankruptcy Code precluding claims alleging violations of the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA). Lovegrove v. Ocwen Home Loans Servicing, L.L.C., 666 F. App'x. 308 (4th Cir. 2016).
  • Successfully represented a mortgage servicing company before the First Circuit Court of Appeals in defending a substantial defense verdict at trial, and affirmance of the denial of the plaintiff’s request for attorneys’ fees. Bradley v. Wells Fargo Bank, N.A., 663 F. App’x 4 (1st Cir. 2016).
  • Successfully represented a large public university in multiple "Right-to-Know Law" appeals in the Commonwealth Court of Pennsylvania, that denied access to certain information related to an internal investigation under the attorney-client privilege and work-product doctrine. Pa. Dep’t of Educ. v. Bagwell, 131 A.3d 638 (Pa. Cmwlth. 2016); Bagwell v. Pa. Dep’t of Educ., 103 A.3d 409 (Pa. Cmwlth. 2014) (en banc).
  • 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.
  • 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, as well as a $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. 2012).
  • Represented 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).
  • 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).

Admissions

  • Pennsylvania
  • New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the District of New Jersey
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit

Education

  • Georgetown University Law Center, J.D., cum laude, 2003
    - Editorial Board, Georgetown Journal of Legal Ethics, 2002-2003
  • University of Maryland, B.A. in Criminology, B.A. in Government and Politics, 2000

Experience

  • Duane Morris LLP
    - Special Counsel, 2013-present
    - Associate, 2009-2012
  • WolfBlock LLP
    - Associate, 2003-2009

Professional Activities

  • Pennsylvania Bar Association

Honors and Awards

  • Winner, Duane Morris Pro Bono Award, 2019
  • Listed in Pennsylvania Rising Stars, 2010-2018

Selected Publications