Frederick A. Brodie
Partner

Mr. Brodie represents both plaintiffs and defendants in lawsuits concerning commercial matters, fiduciary issues, ERISA, employment and employee benefits disputes, contractual disputes, banking, bankruptcy and creditors' rights, and state and federal appeals.

Significant representations include: a Fortune 500 company sued in a class action for breach of fiduciary duty in connection with its 401(k) plan; a major defense company sued in a class action for retiree medical benefits; a seller of commercial real estate in an appeal to New York's highest court by the purchaser in a disrupted transaction; a corporation sued for breach of contract and fraud by more than 30 former executives in connection with the payment of "change of control" benefits; a bank in customer litigation concerning more than 1000 currency exchange contracts; a Japanese chemical company and its U.S. subsidiary sued by a competitor for theft of trade secrets; two Japanese companies sued for failure to pay a commission on a $2 billion acquisition; a major energy company and a financial services company in disputes over executive separation payouts; two large banks in challenges to their pricing of services related to American Depository Receipts; a corporation sued for breach of fiduciary duty under ERISA based on its sale of a subsidiary having an Employee Stock Ownership Plan; and the manufacturer of failed equipment in a lawsuit for products liability and fraud.

• Chambers USA, ERISA Litigation—National (2007-2010)
• Burton Award for Excellence in Legal Writing (2013)
• Fellow, The New York Bar Foundation (2005-present)
• Martindale-Hubbell, AV^® Rated
• Super Lawyers (2006-2011)

Member, Board of Trustees, National School Climate Center

Member, Association of the Bar of the City of New York, Committee on Commercial Law and Uniform State Laws, 2010-2012; Committee on State Courts of Superior Jurisdiction, 2006–2008; Committee on Employee Benefits, 2003-2006; Committee on Legal Education and Admission to the Bar, 1997-2000; Committee on Consumer Affairs, 1993-1996.

Member, New York State Bar Association

U.S. Supreme Court; U.S. Courts of Appeals for the First, Second, Fifth and Eleventh Circuits; U.S. District Courts for the Southern, Eastern and Western Districts of New York, District of Connecticut and District of Arizona

Law Clerk to Hon. Bruce M. Selya, U.S. Court of Appeals for the First Circuit, 1988-89

Law Clerk to Hon. Joseph L. Tauro, U.S. District Court, District of Massachusetts, 1987-88

Pappas v. Tzolis, 20 N.Y.3d 228 (2012)

CPS Operating Co. v. Pathmark Stores, Inc., 18 N.Y.3d 26 (2011)

City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114 (2d Cir. 2011)

Stone v. UNOCAL Termination Allowance Plan, 570 F.3d 252 (5th Cir. 2009)

Weinreb v. Hospital for Joint Diseases, 404 F.3d 167 (2d Cir. 2005)

Varsolona v. Breen Capital Services Corp., 822 A.2d 663 (N.J. App. Div. 2003)

Krumme v. WestPoint Stevens Inc., 238 F.3d 133 (2d Cir. 2000)

Europe & Overseas Commodity Traders, S.A. v. Banque Paribas London, 147 F.3d 118 (2d Cir. 1998)

Krumme v. WestPoint Stevens Inc., 143 F.3d 71 (2d Cir. 1998)

Chris-Craft Industrial Products, Inc. v. Kuraray Co., Ltd., 184 F.R.D. 605 (N.D. Ill. 1999)

Fay v. Oxford Health Plans, Inc., 1998 WL 437154 (S.D.N.Y. July 31, 1998)

In re Smith Corona Corp., 205 B.R. 712 (D. Del. 1996)

In re Estate of Andy Warhol, 224 A.D.2d 235, 637 N.Y.S.2d 708 (N.Y. App. Div. 1st Dep’t 1996)

In re Circle K Corp., 199 B.R. 92 (Bankr. S.D.N.Y. 1996), aff’d, 1997 WL 31197 (S.D.N.Y. Jan. 28, 1997)

Department of Water and Power of the City of Los Angeles v. ABB Power T&D Co., 902 F. Supp. 1178 (C.D. Cal. 1995)

Compania Sud-Americana de Vapores v. IBJ Schroder Bank & Trust Co., 785 F. Supp. 411 (S.D.N.Y. 1992)

Manhattan Eye Ear & Throat Hosp. v. NLRB, 942 F.2d 151 (2d Cir. 1991)

Business and Commercial Litigation in Federal Courts (Third Edition) (West 2011). Chapter 94, "ERISA"

Commercial Litigation in New York State Courts (Third Edition) (West 2010). Chapter 92, "Theft or Loss of Business Opportunities”

Law and Magic (Carolina Academic Press 2010). Chapter 10, "The Magic of Civil Procedure" 

Co-Editor, ERISA Fiduciary Law (BNA, Second Edition 2006) and 2011 Cumulative Supplement

Successful Partnering Between Inside and Outside Counsel (West 2012). Chapter 55, "Employee Benefits" (with M. Clayton Humphries, Jr., Susan P. Serota and Greg T. Lembrich)

"Appellate Division Review,” Quarterly column for New York Law Journal (coauthored with E. Leo Milonas) (2004 – present)

"New York's Proposed UCC Amendments: Back to the Future," New York Law Journal, June 21, 2012 (with James M. Haddad)

"5 Tips for Avoiding Settlement Traps," Corporate Counsel, May 2, 2012 (with Bruce Ericson)

"How a US Organization Can Improve its Expatriate Tax Program," Benefits & Compensation International, May 2011 (with James P. Klein)

"Confronting Corporate Amnesia," Executive Counsel, June-July 2010

"Benefit Plan Fiduciaries Remain Vulnerable to Class Actions Based on Fees," Employee Benefit Plan Review, March 2010 (with Susan P. Serota)

"The False Promise of Injunction Clauses," Managing Intellectual Property, May 2009 (with Nathan R. Smith)

"The Fiduciary Exception to the Attorney-Client Privilege," West White Paper, Thomson Reuters, February 2009 (with Kenneth A. Newby)

"A Guide to 'Selyaisms,'" National Law Journal, Jan. 28, 2008

The Affirmative Use of Consumer Protection Statutes by Businesses, Commercial Damages Reporter June 2004 (with Alan M. Silver)

"New York Enacts Legislation to Facilitate e-Commerce," Metropolitan Corporate Counsel, March 2000, p. 8

"Lender Liability: The Counterrevolution," 13 Commercial Damages Reporter 157-80 (Matthew Bender 1998) (with Lewis A. Polishook)

"Court Focuses on Fiduciary Exception to Privilege," National Law Journal, Feb. 16, 1998, p. B10

"Remedies for Breach of Fiduciary Duty Under ERISA," 12 Commercial Damages Reporter 239-52 (Matthew Bender 1997)

"With Proper Planning, Claims Administrators Can Avoid Unforeseen ERISA Fiduciary Responsibility," 5 Journal of Taxation of Employee Benefits 130-36 (Sept./Oct. 1997) (with Joshua D. Glatter)

"Credit Card PMSIs: Law Increases Creditors' Leverage," New York Law Journal, May 13, 1997, p. 1 (with Norman I. Silber)

"When Must Employees Be Told of Early Retirement Incentives?" RIA Pension & Benefits Week, January 27, 1997, pp. 4-11 (with Lewis A. Polishook)

"Some Corporate Directors Are Protected Under ADEA," RIA Executive Compensation and Taxation Coordinator, October 1996, p. 2 (with Francis Carling and Mary Ann Berger)

"Making Sense of Varity Corp. v. Howe," RIA Pension & Benefits Week, June 24, 1996 pp. 8-15 (with Susan P. Serota)

"The Evolving Duties of ESOP Fiduciaries," 2 ERISA & Benefits Law Journal 210 (1993) (with Susan P. Serota)

"Appeals to the Appellate Division," in "Advice from More Experts: More Successful Strategies for Winning Commercial Cases in New York State Courts," New York County Lawyers' Association CLE Program, panelist (June 11, 1013)

"Doing Business: What Does it Mean to be in Compliance?" Delaware Valley Chapter of Association of Corporate Counsel, Fifth Annual In-House Counsel Conference, panelist (April 23, 2013)

"Settlements: Unsettled Issues," Pillsbury CLE Marathon, New York (February 28, 2013)

“Brief Writing 101: A Step-by-Step Approach,” ALI-CLE (February 20, 2013)

"ERISA Litigation Update," ASPPA Northeast Benefits Conference (July 12-13, 2010)

"Brief Writing 101," New York City Bar CLE (June 15, 2010; June 21, 2011; June 12, 2012; May 8, 2013)

"Overcoming the Vexing Ethical Issues that Arise Vis-a-vis the Attorney-Client Privilege and ERISA Litigation Practice," ACI ERISA Litigation Conference (October 20, 2009)

"Hot Topics in Employee Benefits 2008," New York City Bar CLE (November 19, 2008)

"Plan Administration after MetLife v. Glenn," BNA Audioconference, Panelist (July 7, 2008)

“LaRue v. DeWolff: The High Court Rules on 401(k) Plan Participants' Right to Sue,” West LegalWorks webcast, Panelist (March 11, 2008)

“Reflections,” address delivered at banquet honoring Hon. Bruce M. Selya’s 25th year on the federal bench (November 3, 2007)

“The Pension Protection Act of 2006,” Thomson West webcast (December 2006)

“Sereboff v. Mid Atlantic Medical Services: Supreme Court ruling’s Impact for ERISA Plans – Strategies for Obtaining Subrogation” – Strafford CLE Teleconferences, Panelist (July 20, 2006)

“Corporate Governance,” Practising Law Institute Continuing Legal Education Program  (August 29, 2000)

“Lender Liability in Project Disputes,” Insight Information Conference, Restructuring and Refinancing of Infrastructure Projects (December 6-7, 1999)

“Confidentiality Revisited,” American Arbitration Association 16th Joint Colloquium on International Arbitration (October 29, 1999)