Brian N. Biglin

Associate

  • Brian N. Biglin
  • Phone: +1 973 424 2015
    Fax: +1 973 556 1365

    Brian N. Biglin - LinkedIn Import to Address Book

  • Duane Morris LLP
    One Riverfront Plaza
    1037 Raymond Boulevard, Suite 1800
    Newark, NJ 07102-5429
    USA

Brian N. Biglin practices in Duane Morris’ Trial Practice Group, primarily in the firm’s White-Collar and Criminal Defense practice. Mr. Biglin represents individuals and companies under government investigation for suspected fraud, insider trading, and other regulatory violations. In addition, Mr. Biglin has experience defending journalists and authors through the firm’s Media and First Amendment practice. Mr. Biglin has also asserted claims on behalf of persons unlawfully arrested, or victimized by fraud.

Mr. Biglin has been recognized for his pro bono practice and record of accomplishment. He has successfully asserted disabled persons’ Fourteenth Amendment right to humane treatment in jail while awaiting trial; expunged prostitution-related offenses of victims of human trafficking; resettled refugees fleeing death threats; defeated criminal charges predicated on false and retaliatory allegations; and defended nonprofit community organizations unfairly targeted in litigation. In 2018, Mr. Biglin received the Duane Morris Pro Bono Award, presented annually to honor the outstanding service of an attorney who exemplifies the firm’s commitment to pro bono service and has made a significant impact on an individual or community. That same year, the New Jersey State Bar Association conferred its Pro Bono Award for young attorneys on Mr. Biglin. Mr. Biglin currently serves on the Firm’s Pro Bono Committee.

Prior to joining the firm, Mr. Biglin served as law clerk to the Hon. Kevin McNulty, United States District Judge for the District of New Jersey. Mr. Biglin graduated cum laude from Rutgers Law School in Newark, where he was senior articles editor for the Rutgers Law Review and elected to the Order of the Coif. He is also a graduate of the University of Michigan, where he studied economics.

Representative Matters

    Criminal and White Collar Defense

  • Defended publicly traded financial institution in SEC investigation of alleged systemic false statements as to loan losses, helping to obtain resolution which the client found favorable.
  • Defended individual charged and jailed for alleged theft and witness tampering. Negotiated at early hearing to obtain immediate release of client, dismissal of tampering charge, and time-served sentenced as to theft charge carrying up to five-year imprisonment.
  • Won dismissal of prosecution charging client with harassment and violation of protective order.
  • Represented parolee in parole revocation hearing, establishing facts sufficient to garner timely reinstatement of parole and release from jail.
  • Defending client in SEC investigation concerning investments in commercial mortgage-backed securities.
  • Media and First Amendment Litigation

  • Represented high-profile author in defense of retaliatory libel suit claiming false and defamatory statements in client’s book.

  • Represented television broadcasters in defense of libel claims on basis of fair report privilege and related defenses.
  • Successfully represented individual jailed for non-threatening social media post critical of ex-husband in Section 1983 suit against two sheriff’s deputies, including ex-husband. Obtained apology and settlement which the client found favorable after defeating motions for summary judgment in district court and fully briefing appeal in circuit court.
  • Represented man arrested solely for wearing a mask to express himself in peaceful protests following Ferguson, Missouri police shooting, obtaining district court opinion authorizing suit to proceed.
  • Represented elected official in Section 1983 suit against city, police officers, and fellow board member arising from unlawful arrest based solely on alleged use of profanity during recess of contentious board meeting. Suit included claims of conspiracy, violation of open meetings statute, and multiple constitutional violations.
  • Complex Litigation

  • Representing luxury brand in settlement enforcement litigation concerning defendant’s international counterfeiting scheme and unlawful resale of client’s product.

  • Representing bank in construction-related arbitration, having successfully obtained dismissal of action from state court on basis of agreement to arbitrate.
  • Successfully argued the ‘Crime or Fraud’ Exception to Attorney-Client privilege to obtain communications of a defendant which would otherwise be deemed privileged.
  • Represented plaintiffs in suit alleging fraud upon the court and cross-border conspiracy to attach real estate through such fraud, successfully defeating all motions for summary judgment to ensure trial.
  • Secured dismissal of subrogated tort and contract claims brought against Delaware small business by major insurer seeking recovery in New Jersey Superior Court, successfully establishing lack of personal jurisdiction.
  • Represented plaintiff in declaratory judgment action seeking declaration regarding scope of federal Stored Communications Act in connection with claim of unlawful access to social media posts.
  • Represented pharmaceutical packaging company’s executive and principal in suit alleging fraud, culminating in voluntary dismissal by plaintiffs.
  • Represented New Jersey-based bank in defense of contract and tort claims of credit card processors arising from bank’s service as depository agent for defunct airline shown to have committed criminal frauds.
  • Assisted preparation of successful appeal, before Court of Appeals for the Second Circuit, reversing trial verdict by establishing that clients’ insurer issued an ambiguous policy.
  • Obtained summary judgment dismissing arbitration action on basis that dispute was previously settled by the parties and that claimant sought to impose an unlawful non-compete agreement.
  • Litigating in the Public Interest and Other Pro Bono Successes

  • Obtained a court order vacating and expunging all prostitution-related criminal records under N.J. Rev. Stat. § 2C:44-1.1 on behalf of a survivor of human trafficking.
  • Secured special visas for Afghan refugee who assisted the United States Marines as a tactical interpreter, achieving safe resettlement of client, wife, and child to United States amid pandemic, in conjunction with the International Refugee Assistance Project (IRAP) and Rutgers Law School.

  • Obtained court-mediated settlement which the client found favorable after filing Section 1983 and tort claims on behalf of disabled man injured by county jail’s inhumane medical treatment and failure to provide basic disabled accessibility features.
  • Successfully obtained walk-away settlement on behalf of New York City community organization wrongly sued by debt collector after “defaulting” on a fraudulently marketed credit arrangement.
  • Obtained emergency vacatur of New Jersey Superior Court order ejecting elderly Newarker from her home, and ultimate dismissal of improper ejectment action.

Areas of Practice

  • Trial
  • White Collar and Criminal Defense
  • Media and First Amendment
  • Federal Litigation

Admissions

  • New Jersey
  • New York
  • 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

Education

  • Rutgers Law School, J.D., cum laude, 2011
  • University of Michigan, A.B., Economics, 2008

Experience

  • Duane Morris LLP
    - Associate, 2015-present
  • Sills Cummis & Gross P.C.
    - Associate, 2011-2013, 2014-2015
  • U.S. District Court for the District of New Jersey
    - Law Clerk to the Hon. Kevin McNulty, 2013-2014

Professional Activities

  • Media Law Resource Center
  • Association of the Federal Bar of New Jersey

Civic and Charitable Activities

  • Co-Chair, Volunteer Lawyers for Justice – NextGen Board (2019-present)
  • Immediate Past President, Rutgers Law School - Newark Alumni Association (2018-present)
  • President, Rutgers Law School - Newark Alumni Association (2017-2018)
  • Member, Dean Selection Committee, Rutgers Law School (2017-2018)

Honors and Awards

  • Listed in New Jersey Super Lawyers Rising Stars, 2017-2021

  • Named in New Jersey Law Journal as a New Leader of the Bar, 2020
  • Recipient of New Jersey State Bar Association Pro Bono Award for New Attorney, 2018

  • Recipient of Duane Morris Pro Bono Award, 2018

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Selected Publications

Selected Speaking Engagements

  • CLE Panelist and Moderator, "Obtaining a Clean Slate: An Update on Criminal Expungement Laws in Pennsylvania and New Jersey," presented virtually across offices, September 16, 2020
  • CLE Panelist, "Duane Morris Pro Bono CLE: Trauma Informed Lawyering," presented virtually across offices, July 1, 2020

  • Speaker, "Rutgers Law School Newark Alumni Recognition Gala," Maplewood, New Jersey, November 1, 2018

  • Speaker, "Award Recipient Remarks," New Jersey State Bar Association Pro Bono Committee Meeting and Award, New Brunswick, New Jersey, October 24, 2018

  • CLE Panelist, "Duane Morris Pro Bono Group Presentation on Litigating Prisoners’ Civil Rights Claims," Newark, New Jersey, October 16, 2018

  • CLE Panelist, "Duane Morris Commercial, Securities and Antitrust Litigation Group Presentation on Lawyer Ethics and Social Media," Newark, New Jersey, September 26, 2018

  • Speaker, "Presenter of Distinguished Service Award to Hon. Ronald K. Chen, outgoing Dean of Rutgers Law School," June 26, 2018, New York, New York

  • Speaker, "Alumni/ae Remarks," Rutgers Law School Commencement Ceremony, Newark, New Jersey, May 25, 2018

  • Speaker, "Minority Student Program 50th Anniversary Celebration," Rutgers Law School Newark, Newark, NJ, April 14, 2018

  • Speaker, "Rutgers Law School Newark Alumni Recognition Gala," Maplewood, New Jersey, November 1, 2017