Brian Scotti

Brian A. Scotti is the Office Co-Managing Partner of the Washington, D.C., Virginia and Maryland offices.  He is a member of the firm’s commercial litigation, employment, professional liability, D&O and shareholder litigation and class action practice groups.

Mr. Scotti has significant litigation and trial experience in state and federal courts in Washington, D.C., Virginia and Maryland. His employment practice involves a broad spectrum of matters in all phases of the litigation process, including the representation of employers in actions before the Equal Employment Opportunity Commission and Department of Labor.

He litigates cases involving a wide range of subject matter from alleged trade secret theft and violations of restrictive covenants to claims of discrimination, retaliation, harassment, wage and hour, and wrongful termination.

Additionally, Mr. Scotti has substantial experience counseling management and human resource professionals.  In this regard, he regularly advises clients on best practices in an effort to avoid potential litigation.

Mr. Scotti also handles internal investigations on behalf of private and governmental entities, drafts and negotiates employment and severance agreements, provides trainings on various employment-related topics and drafts employment policies and handbooks.

Mr. Scotti also maintains an active commercial litigation and professional liability practice.  His clients include a wide array of private entities including government contractors, national franchisors, academic institutions, healthcare professionals, law firms, and accountants.

In these matters, he regularly litigates claims of professional negligence, breach of contract, business torts, and violations of federal and state debt collection statutes.  As part of his litigation practice, he has successfully concluded many adversarial proceedings, including multiple bench and jury trials.

Prior to joining Gordon & Rees, Mr. Scotti practiced with a premier plaintiff-side boutique employment firm in Northern Virginia where he successfully tried several matters to verdict in state and federal court.

Representing plaintiffs gave him unique insight into litigating employment disputes from the plaintiff’s perspective that now serves his corporate clients well.  Mr. Scotti also previously practiced at one of Virginia’s largest and most historic law firms where he focused on commercial litigation and professional liability defense, representing large corporations and professionals in malpractice claims.

EXPERIENCE:

• Examples of Mr. Scotti’s recent experience and results include:
  • Obtained summary judgment in D.C. Superior Court on behalf of an elite, private secondary school in a case where a former student brought retaliation claims under 42 U.S.C.  1981 and D.C. Human Rights Act, as well as various contractual claims.  Plaintiff’s final settlement demand prior to the Court entering judgment was $7.5 million.
  • Prevailed on a motion to dismiss on behalf of a private university, obtaining complete dismissal of a case brought by a former student who was expelled as a result of the university’s disciplinary process and asserted discrimination claims under Title IX, as well as assorted state law claims, in the U.S. District Court for the Western District of Virginia.
  • Obtained a complete defense verdict following a two day trial in the Circuit Court of Fairfax County, Virginia, on behalf of a government contractor in a case where the contractor’s former employee, who was stationed at U.S. military base in Afghanistan, alleged breach of his employment agreement and violation of Afghan Labor Law by failing to pay him overtime and holiday pay consistent with the law.
  • Prevailed on a demurrer, which was completely dispositive, in the Circuit Court of Fairfax County, Virginia, in a case brought by a former employee of a government contractor who alleged the contractor and its employees defamed him, resulting in his termination.
  • Prevailed on a motion to dismiss on behalf of a national property management company in the Circuit Court for Baltimore County, Maryland, which was subsequently affirmed by the Maryland Court of Special Appeals, on a putative class action asserting claims under the Maryland Consumer Debt Collection Act (“MCDCA”) and the Maryland Consumer Protection Act (“MCPA”).
  • Obtained dismissal, with prejudice, on behalf of a national insurance company in a case brought by a former marketing representative in the U.S. District Court for the Western District of Virginia, in which he claimed his termination was in violation of the ADA and FMLA.
  • Prevailed on a demurrer, which was completely dispositive, in the Circuit Court of Tazewell County, Virginia, on behalf of a national real estate franchisor where Plaintiffs asserted a litany of claims, including breach of fiduciary duty, fraud, conversion, intentional interference with contractual rights, breach of contract and malpractice, stemming from the alleged misappropriation of escrow funds.
  • Served as lead counsel in a shareholder derivative investigation of a manufacturing company with facilities throughout the United States and Mexico following a derivative demand made by a minority shareholder, alleging breach of fiduciary duties, conflicts of interest, and corporate waste.
  • Served as lead counsel in numerous internal investigations of private and governmental entities on issues including sexual harassment, hostile work environment and insubordination.

EDUCATION:

• J.D., The Catholic University of America, Columbus School of Law
• B.S., Economics, James Madison University

Admissions:

• District of Columbia
• Virginia
• Maryland
• New York
• New Jersey
• United States Court of Appeals for the Fourth Circuit
• United States Court of Appeals for the District of Columbia Circuit
• United States District Court for the District of New Jersey
• United States District Court for the Southern District of New York
• United States District Court for the Eastern District of New York
• United States District Court for the District of Columbia
• United States District Court for the Eastern District of Virginia
• United States District Court for the Western District of Virginia
• United States Bankruptcy Court for the Eastern District of Virginia
• United States District Court for the District of Maryland

Memberships:

• Federal Bar Association
• District of Columbia Bar Association
• Alexandria Bar Association
• Fairfax Bar Association