Brian D. Netter is a partner in the Washington DC office of Mayer Brown’s Litigation & Dispute Resolution practice and Co-Chair of the ERISA Litigation practice. Brian’s innovative work has been recognized in The National Law Journal’s “Appellate Hot List” on four separate occasions.
He has been recognized by The National Law Journal and by Washington DC Super Lawyers as an emerging star in appellate litigation and by The Legal 500 as an emerging star in ERISA litigation. Brian’s practice consists of briefing and arguing high profile and legally complex cases, in trial and appellate courts.
His experience covers a broad range of substantive areas, and he frequently litigates cases involving administrative law, constitutional law, tax law, and ERISA. Earlier in his career, Brian served as a law clerk to Associate Justice Stephen Breyer on the US Supreme Court and to Judge Judith W. Rogers on the US Court of Appeals for the DC Circuit.
Much of Brian’s work involves issues of first impression. He won a landmark victory for the District of Columbia Council in litigation concerning the District’s right to spend local tax dollars.
His work on other cases has resulted in the determination that local ordinances violate the US Constitution’s First Amendment and Tonnage Clause and in the invalidation, under the Administrative Procedure Act, of regulations promulgated by the Environmental Protection Agency and the Department of Treasury.
On ERISA questions, Brian litigates class-action disputes and advises clients on issues prompting such litigation, particularly as relates to ERISA’s fiduciary standards. He is a frequent commentator on the Supreme Court’s ERISA docket.
Brian is the Washington DC office’s hiring partner. Prior to his career as a lawyer, Brian earned undergraduate and graduate degrees in Industrial & Operations Engineering.
- Yale Law School, JD
- University of Michigan, MSE
- University of Michigan
- District of Columbia
- US Supreme Court
- US Court of Appeals for the First Circuit
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Eighth Circuit
- US Court of Appeals for the Eleventh Circuit
- US Court of Appeals for the Federal Circuit
- US Court of Appeals for the District of Columbia Circuit
- US Tax Court
- Defending three universities in separate putative ERISA class actions regarding the administration of retirement plans offered to faculty and staff.
- Representing a global security company against multi-pronged challenge to the administration of its retirement plan and to the investment options offered therein.
- Achieved mid-trial settlement on behalf of defense contractor in ERISA class action alleging more than a billion dollars of damages.
- CSX Transportation Inc. v. General Mills Inc.: Secured reversal of a decision to dismiss an indemnification claim against a multinational manufacturer of consumer foods.
- Farina v. State: Argued successful habeas appeal in Eleventh Circuit on behalf of death-row inmate.
- Sandoz v. Cingular Wireless: Prevailed in the US Court of Appeals for the Fifth Circuit in a case concerning the time limit for collective action certification under the Fair Labor Standards Act.
- Clements v. CSX Transportation, Inc., and Pollard v. CSX Transportation, Inc.,: Represented railroad in successful defense of claims alleging violations of federal regulations.
- Polar Tankers, Inc. v. City of Valdez, Alaska: The Supreme Court held that a tax levied against petitioner was unconstitutional under the Constitution’s Tonnage Tax.
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