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Spotlight

    Professionals

    Frederick A. Brodie

    Frederick A. Brodie
    Partner

    T: +1.212.858.1628 F: +1.917.464.6487

    Frederick A. Brodie is a partner in the law firm's Litigation practice and is located in the New York office. He represents both plaintiffs and defendants in lawsuits concerning a wide range of corporate and commercial disputes in state and federal courts.

    Significant representations include: a bank sued over alleged manipulation of a reference rate; the corporate defendant in a derivative suit alleging that four acquired businesses were stolen corporate opportunities; a Fortune 500 company sued in a class action for breach of fiduciary duty in connection with its 401(k) plan; a seller of commercial real estate in an appeal to New York's highest court by the purchaser in a disrupted transaction; a company sued over the actions of independent directors that it provided to a special purpose vehicle through one of its business units; 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; and the manufacturer of failed heavy equipment in a lawsuit for products liability and fraud.

    Honors & Awards
    • Chambers USA, ERISA Litigation—National (2007-2010)
    • New York County Lawyers' Association, Boris Kostelanetz President's Medal, co-recipient with other authors of the treatise Commercial Litigation in New York State Courts (2013)
    • Burton Award for Excellence in Legal Writing (2013)
    • Fellow, The New York Bar Foundation (2005-present)
    • Martindale-Hubbell, AV® Rated
    • Super Lawyers (2006-2011)

    Affiliations

    Member, Board of Trustees, National School Climate Center

    Member, Association of the Bar of the City of New York, Committee on Corporation Law (2014- ), 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

    Courts

    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

    Clerkships

    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

    Selected Reported Cases

    Hellenic American Educ. Found. v. Trustees of Athens College, 982 N.Y.S.2d 768 (1st Dep't 2014)

    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)


    Books and Chapters

    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)


    Articles

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

    "Challenging Your Beliefs About 'Information and Belief'," Westlaw Journal Intellectual Property, August 20, 2014, p. 6

    "Produce Documents 'Subject To' Objections at Your Own Risk," Law360, April 30, 2014

    "The Serious Business of Appealing a Sanctions Order," New York Law Journal, Special Section on Court of Appeals and Appellate Practice, August 26, 2013 (with E. Leo Milonas)

    "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)


    Presentations

    "The Cloak of Privilege," Fordham Law School Corporate Compliance Institute (July 11, 2013)

    "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; November 11, 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)

    Admissions
    State of New York
    Education
    J.D., Yale Law School, 1987
    Executive Editor, Yale Journal on Regulation; participant, Thurman Arnold Prize Argument; Board Member, Thomas Swan Barristers’ Union
    A.B., Brown University, 1984
    magna cum laude, Phi Beta Kappa

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