Mr. Brodie represents both plaintiffs and defendants in lawsuits concerning commercial matters, 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; the Executor of the Estate of Andy Warhol in appeals of an award to the Estate's former counsel; 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.

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

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

Admissions

State of New York

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 District of New York, District of Connecticut and District of Arizona

Affiliations

Association of the Bar of the City of New York, Committee on State Courts of Superior Jurisdiction, 2006–present; Committee on Employee Benefits, 2003-2006; Committee on Legal Education and Admission to the Bar, 1997-2000; Committee on Consumer Affairs, 1993-1996; New York State Bar Association, 2005-present.

Fellow, The New York Bar Foundation, 2005-present.

Honors and Recognitions

Chambers USA: Ranked as one of America's leading ERISA Litigation lawyers

Martindale-Hubbell: Rated "AV"

New York "Super Lawyer", 2006, 2007

Selected Reported Cases:

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

Co-Editor, ERISA Fiduciary Law (Second Edition) (BNA 2006).

Business and Commercial Litigation in Federal Courts (Second Edition) (West 2005). Chapter 79, "ERISA" (with Stephen A. Weiner).

Commercial Litigation in New York State Courts (Second Edition) (West 2005). Chapter 80, "Theft or Loss of Business Opportunities”.

Successful Partnering Between Inside and Outside Counsel (West 2000). Chapter 55, "Employee Benefits" (with M. Clayton Humphries, Jr. and Susan P. Serota).

Articles

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

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

"The Magic of Civil Procedure," Law, Magic and Society (Christine Corcos, editor) (to be published in 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," 12Commercial 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

"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).

Firm Publications

Does a Conflict of Interest Matter?, 24-Jun-2008

Court Gives ERISA Plan Fiduciaries Presumption of Prudence, 22-May-2008

Supreme Court Decision May Spur Individual and Class Actions Against ERISA Fiduciaries for Defined Contribution Plans, 05-Mar-2008

Plan Sponsors Sued over 401(k) Fees: Class Actions Highlight Need for Fiduciaries to Focus on Fees Paid by Plans, 30-Oct-2006

Sereboff v. Mid-Atlantic Medical Services: Welfare Plans May Maintain Some Reimbursement Claims Against Participants and Beneficiaries Under ERISA, 23-Jun-2006

Second Circuit Clarifies Standards for Liability Based on Flawed Summary Plan Descriptions, 02-Mar-2004

External Publications

Appellate Division Review, New York Law Journal, 10-Jun-2008

Appellate Division Review, New York Law Journal, 21-Mar-2008

Appellate Division Review, New York Law Journal, 18-Dec-2007

Appellate Division Review, New York Law Journal, 13-Sep-2007

Appellate Division Review, New York Law Journal, 04-Jun-2007

Appellate Division Review, New York Law Journal, 01-Mar-2007

Appellate Division Review, New York Law Journal, 18-Dec-2006

Appellate Division Review, New York Law Journal, Volume 23 - No. 59, 28-Mar-2006