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Brian S. Weinstein


Represents U.S. and global clients in their most challenging litigation matters, including complex commercial and securities litigation and white collar defense.

Brian represents U.S. and non-U.S. clients in a wide range of litigation matters, including complex commercial litigation, securities litigation, internal investigations, and regulatory enforcement and white collar criminal defense matters.

Representative clients include BT Group, Citigroup, Clarivate, CNInsure, Emerson Electric, E*TRADE, General Dynamics, the Healthcare Distribution Alliance, JPMorgan Chase, LPL Financial, Morgan Stanley, the New York Mets, Nippon Express, Pepsico, PricewaterhouseCoopers, Rabobank, Roche, Siemens and Sterling Equities.

Brian serves on the Board of Directors of the Kenan Institute for Ethics at Duke University. He has been a member of Davis Polk’s Pro Bono Committee since 2008. Among his many pro bono matters, he was lead counsel for a group of 36 Chinese immigrant workers who won a landmark $4.6 million verdict after trial for federal and state labor law violations.

Experience highlights

  • E*Trade in MDL relating to restrictions placed on trading in GameStop and other “meme” stocks
  • Clarivate in putative securities class action lawsuit
  • Morgan Stanley in breach of contract lawsuits brought by securitization trustees and insurers. Won dismissal of claims seeking damages in excess of $1 billion, and victories in the New York appellate division and New York Court of Appeals.
  • Morgan Stanley in various securities litigations on issuance of RMBS
  • BT Group in class action securities fraud lawsuit; won dismissal of all claims
  • Various Chinese issuers in litigation relating to U.S. securities issuances, including CNInsure, X Financial, Zhangmen Education and a major consumer company
  • The underwriting syndicate in securities litigations on issuances by companies including First Energy, Liberty Oilfield Services, NextCure and Pluralsight
  • Numerous clients in a variety of non-public commercial litigation matters, including Emerson Electric, General Dynamics, Pepsico and PricewaterhouseCoopers
  • The Healthcare Distribution Alliance in connection with MDL concerning the nationwide opioid epidemic
  • Creditors of Pioneer Energy Services in litigation relating to its restructuring
  • Morgan Stanley as underwriter in securities litigation regarding Tribune Media’s aborted merger with Sinclair Broadcast Group; won dismissal of all claims
  • Partial summary judgment for Rabobank in a dispute with a monoline insurer over losses on a $1 billion synthetic CDO transaction
  • Summary judgment for JPMorgan Chase in a suit to recover $500 million on defaulted forex derivatives contracts
  • A consortium of lenders in litigation on the funding of the $20 billion buyout of Clear Channel Communications
  • F. Hoffmann-La Roche in litigation arising from the U.N. Oil for Food Program; won dismissal of all claims
  • Summary judgment for the New York Mets in litigation with MSG Networks on the formation of SportsNet New York
  • The owners of the New York Mets and Sterling Equities in various litigations, including matters related to the Madoff liquidation proceedings, Sterling’s real estate holdings and the purchase of the team by its current owners
  • Successfully represented a major airline as lead trial counsel in bankruptcy court litigation concerning its pilot pension plan
  • Various clients in confidential SEC and DOJ investigations involving allegations of FCPA violations, securities fraud and market manipulation




Benchmark Litigation – United States and New York, Star

Chambers USA – Litigation: General Commercial, New York


J.D., Yale Law School
  • Editor, Yale Law Journal
A.B., Duke University
  • summa cum laude
  • Angier B. Duke Memorial Scholar
  • Faculty Scholar


Law Clerk, Hon. José A. Cabranes, U.S. Court of Appeals, Second Circuit, 1997-1998

Professional history

  • Davis Polk since 1998

Qualifications and admissions

  • State of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Colorado
  • U.S. District Court, E.D. New York
  • U.S. District Court, S.D. New York
  • U.S. Supreme Court
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