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
Submitted an amicus curiae brief pro bono to the Supreme Court of the United States on behalf of the Conference of Chief Justices, representing chief justices of the courts of last resort in all 50 states; the brief argued that Delaware should be afforded considerable deference in deciding how to select justices of its courts, in a case concerning whether the state's constitutional requirement, that no more than a “bare majority” of three justices be from one major political party, violates the First Amendment.
- 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).
- 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).
- 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).
- 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
- 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
- Duane Morris LLP
- Special Counsel, 2013-present
- Associate, 2009-2012
- WolfBlock LLP
- Associate, 2003-2009
- Pennsylvania Bar Association
Honors and Awards
- Winner, Duane Morris Pro Bono Award, 2019
Listed in Pennsylvania Rising Stars, 2010-2018
- Co-author, "Supreme Court Upholds Robocalling Restrictions but Leaves Future of Regulatory Exemptions Uncertain," Duane Morris Alert, July 9, 2020
- Co-author, "Pennsylvania Supreme Court Review in McCloskey Could Have Far-Reaching Effects on Administrative Deference," Duane Morris Alert, April 16, 2020
Co-author, "Supreme Court Forecloses Equitable Tolling of Rule 23(f)’s 14-Day Time Bar for Petitioning for Permission to Appeal an Order Granting or Denying Class-Action Certification," Duane Morris Alert, February 28, 2019
- Co-author, "The Future of Administrative Deference in Pennsylvania," Duane Morris Appellate Blog, May 19, 2017
- 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)