Brian E. Foster

• Represented a New York area energy provider in litigation regarding insurance coverage for historic environmental liabilities that led to a five-week trial resulting in a favorable jury verdict.*
• Represented the successor to several manufacturers of pumps, valves, brakes, signals, and other asbestos-containing products in litigation regarding insurance coverage for asbestos liabilities resulting in several favorable summary judgment rulings applying all-sums allocation and favorable settlements with excess insurers.*
• Represented a manufacturer of boiler ovens and other asbestos-containing products in litigation regarding coverage for asbestos liabilities resulting in revised coverage-in-place agreement guaranteeing availability of coverage and preserving the client’s right to select defense counsel and control defense and settlement strategy.*
• Represented a pharmaceutical company in pre-claim investigation concerning possible claim under employee crime policy arising from allegations of fraud by employees at one of the company’s overseas subsidiaries.*
• Represented a national bank in CFPB enforcement actions relating to unfair and deceptive practices allegations.*
• Represented a leading electronics manufacturer in a consolidated set of antitrust cases brought by direct and indirect purchaser classes, state attorneys general, and “opt-out” plaintiffs who purchased liquid crystal displays used in televisions, notebook computers, mobile phones, and other products.*
• Represented a Korean manufacturer of lithium-ion batteries for electric vehicles in a Section 337 investigation before the International Trade Commission that resulted in a confidential settlement after a week-long remote trial.*
• Represented a manufacturer of acoustic microphone components in Section 337 Investigation before the International Trade that resulted in a confidential settlement after an eight-day trial.*
• Represented a leading steel manufacturer in ERISA class action litigation concerning “whipsaw” claims under cash balance plans.*

* These matters occurred prior to joining Barnes & Thornburg.

Co-author, ABA Litigation Section, Insurance Coverage Litigation Committee, “‘Fake President Fraud’ – Is It Covered?,” March 4, 2017

Notre Dame Law Review, “Serious Mischiefs: Exxon Mobil Corp. v. Allapattah Services, Inc., Supplemental Jurisdiction, and Breaking the Promise of Finley,” 2006