Brian S. Weinstein
  1. Partner

Mr. Weinstein is a partner in Davis Polk’s Litigation Department, representing domestic and international clients in their most challenging litigation matters, including securities litigation, complex commercial litigation, regulatory enforcement, white collar criminal defense and internal investigations.  Representative clients have included BT Group plc, Citigroup, CNInsure, Emerson Electric, the Healthcare Distribution Alliance, JPMorgan Chase, Morgan Stanley, the New York Mets, Nippon Express, Pepsico, PricewaterhouseCoopers LLP, Rabobank, Roche, Siemens and Sterling Equities.

Work Highlights

Representative Civil Matters
  • Morgan Stanley in connection with various securities litigations in courts around the country relating to the issuance of residential mortgage backed securities (RMBS)
  • Morgan Stanley in connection with various putback lawsuits brought by RMBS trustees and monoline insurers. Won dismissal of two lawsuits claiming damages in excess of $1 billion, and in a separate suit, won dismissal of fraud claim by the New York appellate division
  • BT Group plc in class action securities fraud lawsuit in the U.S. District Court for the District of New Jersey; won dismissal of all claims
  • Numerous clients in a variety of non-public commercial litigation matters, including Emerson Electric, Pepsico, and PricewaterhouseCoopers LLP
  • The Healthcare Distribution Alliance in connection with MDL litigation concerning the nationwide opioid epidemic
  • CNInsure, Inc., a Chinese insurance intermediary, in a class action securities fraud lawsuit filed in the U.S. District Court for the Southern District of New York
  • Partial summary judgment for Rabobank in a dispute with a monoline insurer over coverage for credit losses on a $1 billion synthetic CDO transaction
  • Summary judgment for JPMorgan Chase in a suit to recover approximately $500 million on defaulted foreign exchange derivatives contracts
  • A consortium of lending institutions in litigation in New York and Texas relating to the funding of the $20 billion private equity buyout of Clear Channel Communications
  • F. Hoffman-La Roche Ltd. in connection with litigation arising from the U.N. Oil for Food Program; won dismissal of all claims
  • Summary judgment for the New York Mets professional baseball franchise in litigation with MSG Networks concerning the formation of SportsNet New York, a Mets-anchored regional sports network
  • The owners of the New York Mets and Sterling Equities in connection with various litigations, including litigation arising from the Bernard Madoff scandal, litigation relating to Sterling Equities’ real estate holdings and litigation relating to 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
  • Nippon Express in class action litigation alleging price fixing in the freight forwarding industry
  • Baha Mar in breach of contract litigation with Harrah’s concerning the development of the largest resort casino in the Caribbean
  • Morgan Stanley in litigation concerning the development of Revel casino in Atlantic City
Representative Enforcement and Criminal Matters
  • Siemens AG in connection with corruption investigations by the Department of Justice, the SEC and other international enforcement authorities
  • Confidential internal investigations for various clients relating to potential violations of the Foreign Corrupt Practices Act
  • Various financial institutions in connection with SEC investigations into matters involving structured products, dark pool trading platforms and auction rate securities
  • The chief executive officer of a consumer products corporation in a stock option backdating investigation in which the SEC, following the receipt of a Wells notice by the client, was persuaded not to proceed
  • An Asian bank in connection with inquiries from the SEC relating to compliance with broker-dealer registration requirements by foreign banks
  • An adviser to a hedge fund complex in connection with an SEC investigation into alleged compliance deficiencies
  • An asset management firm in connection with a state attorney general’s inquiry concerning investments on behalf of the state employee pension fund
  • A prominent international law firm in connection with threatened litigation by a former client and a concurrent SEC investigation

Recognition

Mr. Weinstein has been recognized by:

  • Benchmark Litigation – “Star”: National and New York 

Of Note

  • Mr. Weinstein serves on the Board of Directors of the Kenan Institute for Ethics at Duke University and has previously served on the Board of the National Center for Law and Economic Justice, as Deputy Counsel to Chief Judge Kaye’s Commission on Drugs and the Courts, and as a member of the Pro Bono Committee for the Association of the Bar of the City of New York.  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.

Professional History

  • Partner, 2005-present
  • Member, Pro Bono Committee, 2008-present
  • Associate, 1998-2005
  • Law Clerk, Hon. José A. Cabranes, U.S. Court of Appeals, Second Circuit, 1997-1998

Bar Admissions

  • State of New York
  • United States Department of Veterans Affairs
  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, E.D. New York
  • U.S. District Court, S.D. New York

Education

  • A.B., Duke University, 1994
    • Angier B. Duke Memorial Scholar
    • Faculty Scholar
    • summa cum laude
  • J.D., Yale Law School, 1997
    • Editor, Yale Law Journal