Brian Troyer is a first-call advocate in challenging class actions and major business cases when failure is not an option. Partnering closely with clients in a strategic, creative and meticulous approach to litigation, he has consistently won bet-the-company and complex, high-risk cases for companies, officers and directors for more than 25 years – a product of deep analysis and problem-solving and clear presentation of complex subject matter. Clients often ask him to take over defense of high-risk cases in trouble, a role in which he has consistently delivered successes. With broad experience and prior service as General Counsel of a global company, he is also a trusted advisor on a wide range of issues.
Brian has defeated a broad range of class actions on the merits and/or at class certification and has extensive experience in securities, shareholder, corporate governance, commercial, consumer, financial services, toxic tort and bankruptcy litigation, as well as in disputes involving complex areas of regulation such as FDA and financial services regulation. He has served as lead national counsel to a major pharmaceutical company and has litigated insurance coverage, franchise, CERCLA and constitutional tax claims. He has represented clients in manufacturing, banking, investment banking, private equity, venture capital, drug and medical device, logistics, consumer product, service and technology, retail and mining industries, among others.
Most recently, he served for more than two years as Executive Vice President, General Counsel and Secretary of a rapidly growing global manufacturing company with thousands of employees on five continents, giving him a client's perspective shared by few outside counsel.
Brian is a prolific writer and speaker on class-action defense, securities litigation, federal jurisdiction, statistical and econometric evidence, MDLs and other topics in complex litigation. A selection of articles and presentations can be accessed from Brian’s LinkedIn profile.
- As General Counsel, oversaw the legal affairs of a rapidly growing, global manufacturing company with thousands of employees and manufacturing, distribution and administrative operations in dozens of locations on five continents. This role included management of numerous post-acquisition disputes and issues as well as participation in several new, large corporate acquisitions.
Class Action Defense
- Won complete victory for a building products manufacturer in a putative nationwide product defect and false advertising class action by consumers whose product installations had failed within a short time. With tens of thousands of product installations, a significant and growing failure rate and thousands in damages per failure, potential liability was enormous. Brian developed and led his team through execution of a comprehensive defense plan, including collection of critical absent class member evidence, compelling cross-examinations of the plaintiffs and their expert witnesses and development of a powerful affirmative expert case. After a hearing, the federal court denied class certification. In addition, although most of the named plaintiffs had suffered real product failures, the court granted the client’s summary judgment motions on all claims as to all plaintiffs. Brian also successfully opposed interlocutory appeal, and the plaintiffs did not pursue post-judgment appeal.
Securities, Shareholder and Governance Litigation
- Defeated an adversary proceeding filed by a litigation trustee against private equity clients, alleging that the defendants had received improper payments and used their voting power to force a public company into a $250 million corporate acquisition that caused its bankruptcy, and that resulting derivative suits had been collusively settled. The trustee filed a detailed 85-page complaint seeking to avoid the corporate transactions and releases of derivative suits as fraudulent transfers under Sections 544 and 548 of the Bankruptcy Code and sought recovery of hundreds of millions in alleged losses. Brian led the defense team and crafted a comprehensive defense strategy starting with a motion to dismiss the case prior to discovery. Remarking on the exceptional strength of the briefing, the court dismissed all counts with prejudice.