Brian L. Schwalb, partner-in-charge of Venable’s Washington, DC office, is a trial attorney, civil litigator, and business advisor. Brian is a Fellow of the American College of Trial Lawyers. His clients include individuals, entrepreneurs, estates, business entities, nonprofit organiza -tions and other stakeholders in complex litigation, tax controversies, and sophisticated business matters.
Brian represents clients in a variety of industries, including real estate, healthcare, energy, intellectual property licensing, wholesaling, retailing, nonprofit organizations, and higher education. He has tried dozens of jury and bench trials, as well as arbitrations, as first-chair counsel, and has supervised legal teams in trial and appellate courts across the country.
He has extensive experience resolving controversies before state and federal courts in the District of Columbia, Maryland, and Virginia.
Brian routinely manages intellectual property licensing, corporate governance, limited liability company (LLC) management, and partnership conflicts, along with other challenges that impact organizations and their stakeholders.
Brian also counsels clients on ways they can avoid, respond to, and resolve issues efficiently, before they give rise to potential litigation. This includes, when appropriate, using mediation and arbitration to meet client objectives.
Brian applies sound business judgment and collaborative approaches when developing practical and cost-effective solutions to his clients’ challenges. Before joining Venable, Brian worked as a trial attorney within the U.S. Department of Justice (DOJ) Tax Division, Honors Program, where he prosecuted and defended civil tax matters.
- Trial Attorney, United States Department of Justice, Honors Program, Tax Division
- Defended a movie investor facing class action claims for alleged violations of the Telephone Consumer Protection Act (TCPA). Served as lead trial counsel in a multi-day jury trial involving, among other things, assertions of vicarious liability under the TCPA, where the plaintiff class sought an estimated $1.6 billion in damages. The jury returned a verdict in favor of the investor
- Represented developer of high-end condominium project sued in arbitration by condominium unit owners association and individual unit owners alleging breach of contract, breach of warranty, misrepresentation, and consumer protection act violations
- Successful representation of an individual guarantor sued by a lender for breach of “bad boy” carve-outs in a non-recourse real estate loan. After the trial court found the individual guarantor personally liable, Brian successfully persuaded the appellate court to reverse
- In Circuit Court for Dade County, Florida, represented the personal representative of an estate valued at more than $35 million against an alleged beneficiary’s attempt to set aside the decedent’s testamentary documents on grounds of undue influence and lack of testamentary capacity
- In U.S. District Court for the District of Columbia, represented a local university and its law school against sexual harassment, Title VII retaliation, and breach of contract claims filed by a former visiting professor, resulting in a jury verdict for defendant university on all claims
- In Superior Court for the District of Columbia, represented a local university and its medical school against claims of national origin discrimination, Title VII retaliation, and breach of contract, filed by a medical resident dismissed from the residency program, resulting in a jury verdict for defendant university on all claims.
- J.D. cum laude Harvard Law School 1992
- A.B. magna cum laude Duke University 1989
Bar Admissions : District of Columbia, Maryland, Virginia
Court Admissions :
- U.S. Supreme Court
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
- U.S. District Court for the Eastern District of Virginia
Clerk Experience : Honorable John R. Hargrove, Sr. U.S. District Court for the District of Maryland 1992-1994.
Professional Memberships :
- Member, District of Columbia Bar Association (DC Bar)
- Former member, Steering Committee, DC Bar, Litigation Section
- Former member, Steering Committee Member; DC Bar; Courts, Lawyers, and Administration of Justice Section
- Member, American Bar Association, Litigation Section
- Member, Lawyers Club of Washington
Community : Board member, Abramson Foundation, a scholarship foundation for Washington, DC public high school students.
Rate : $$$