Brian Otero

Clients often call on Brian V. Otero to address their highest stake challenges. Brian’s practice has focused recently on structured finance, mortgage backed securities and consumer finance litigation.

Brian also works with clients in the consumer products and energy generation industries, bringing his significant experience to bear on a broad array of commercial disputes, investigations and regulatory enforcement actions, consumer class actions and product liability matters.

He has practiced in state and federal courts across the United States, and has focused on developing creative solutions to his clients’ most challenging problems.

In addition to serving as the administrative partner for the firm’s New York office, Brian is the co-head of the firm’s financial services litigation practice, and the co-chair of the firm’s financial institutions steering committee.

Brian is admitted to practice in Connecticut, New York and Virginia, the US Court of Appeals for the Second Circuit, the US Court of Appeals for the Eleventh Circuit, the US Court of Appeals for the Eighth Circuit, the US District Court for the District of Connecticut, the US District Courts for Southern, Eastern, and Northern Districts of New York, and the US District Courts for the Eastern and Western Districts of Virginia.

Experience:

• Lender Placed Insurance. Lead counsel for mortgage servicer in investigation by New York Department of Financial Services. Also lead counsel in defense of consumer class actions alleging deceptive and unfair practices with respect to the forced placement of casualty insurance.
• Daily Fantasy Sports MDL. Lead counsel for credit card issuer.
• Credit Crisis. Lead counsel for investors in a CDO which terminated a credit default swap upon the bankruptcy of Lehman Brothers Holdings.
• Mortgage Servicing. Lead counsel for mortgage servicer in dispute with hedge fund concerning allocation of rights among stakeholders in securitized mortgage trusts.
• Banking Fees. Lead counsel for a US bank in class action alleging improper imposition of various fees on consumer accounts.
• TCPA Litigation. Lead counsel for mortgage servicer in defense of a portfolio of individual and class action TCPA claims.
• Mortgage Repurchase. Lead counsel for mortgage servicer responsible for enforcing claims against originator for breaches of representations and warranties.
• Government Investigations. Lead counsel for financial institutions in multiple investigations commenced by Department of Justice, state Attorneys General and regulators.
• Alcoholic Beverages. Lead counsel for leading alcoholic drinks company in numerous commercial disputes.
• Renewable Energy. Lead counsel for renewable energy company in a dispute concerning fraudulent inducement to purchase defective generating equipment. Also lead counsel in a dispute concerning purported “station service” loads excluded from eligibility for Renewable Energy Certificates.
• Credit Card Interest. Lead counsel for credit card issuer in nationwide consumer class action alleging miscalculation of interest on consumer and small business accounts.
• Bankruptcy Class Action. Lead counsel for financial institution in putative class action alleging misconduct in client’s bankruptcy claims filing practices.
• Structured Finance. Regularly counsels investors and other participants on issues related to structured products.
• In re September 11th Litigation. Lead counsel for security company in alleged negligence, personal injury and property damage claims arising out of the terrorist attacks of September 11, 2001.
• Smoking and Health Product Liability Litigation. Trial counsel for cigarette manufacturer in numerous smoking and health cases in jurisdictions across the country.
• Letters of Credit. Lead counsel in successful defense of an electric utility in action seeking to recover for allegedly fraudulent presentation of letter of credit.
• Jury Research and Mock Trials. Extensive experience with numerous mock juries across the country. Actively involved in developing sophisticated jury research for several clients. Strong relationships with many of the top jury consultants in the nation.
• Corporate Separateness. Extensive litigation experience related to corporate form, including veil piercing, fraudulent transfer, intercompany transactions and dividends, and joint venture liability.
• Hotel REITs. Lead counsel for hotel REIT in litigation arising out of restructuring pursuant to REIT Modernization Act.
• False Imprisonment. Trial counsel for national retailer in race-based false imprisonment claims. Defense verdict.
• Insurance Fraud. Trial counsel for insurer in case involving ERISA preemption of state rescission remedy. Won case at trial and on opponent’s appeal to Virginia and US Supreme Courts.
• Wrongful Termination. Trial counsel for a charitable organization in a claim by a former employee that she had been wrongfully terminated as a result of her religious beliefs. After a three-day jury trial, the court entered judgment for our client.
• Groundwater Contamination. Defended chemical manufacturer in claims by real estate partnerships and corporations alleging groundwater contamination and diminution in property value.
• Prosecuted $10 billion defamation claim on behalf of product manufacturer. The matter was concluded favorably to our client with a public apology during Monday Night Football.

EDUCATION:

• JD, University of Chicago Law School, 1990
• BA, University of Virginia, Echols Scholar, 1985

BAR ADMISSIONS:

• Connecticut
• New York
• Virginia

Memberships:

• Member, American Bar Association/Business Law Section, Structured Finance Litigation Sub-Committee
• Member, Virginia Bar Association