Brian W. Song

Partner

New York
T +1.212.271.1505
F +1.212.589.4201

Overview

With over twenty years of experience in and out of the courtroom, Brian Song applies the leadership lessons he learned as an Army Judge Advocate to his civilian legal practice. A strategic thinker and practitioner, Brian seeks the optimal time to get the best result for clients, whether at the outset of litigation or at trial. He represents clients in complex commercial litigation and criminal matters in state and federal courts.

Brian has particular experience in the areas of securities litigation and white collar criminal defense, where he has represented clients in connection with investigations conducted by the U.S. Department of Justice, the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority(FINRA) and state regulators. Brian is conscientious about clients' industries, understanding their businesses and business practices to develop solutions that most appropriately address individual needs.

After serving on active duty in the U.S. Army Judge Advocate General's Corps, Brian has continued his military service in the Army Reserve, where he holds the rank of Lieutenant Colonel. He advised the chief counsel, U.S. Army Corps of Engineers, and senior Army leadership on issues related to government contracting, military construction, military justice and operational issues in Iraq and Afghanistan. In 2003, Brian deployed to Iraq where he served as the executive officer and legal advisor to the director of the Program Management Office, Coalition Provisional Authority, which oversaw Iraqi reconstruction projects. As a reservist, he currently serves as a Regional Defense Counsel with the 22d Legal Operations Detachment, U.S. Army Trial Defense Service leading, training and mentoring a team of Army Reserve defense lawyers representing soldiers facing adverse disciplinary and administrative actions.

Select Experience

  • Representing Irving H. Picard, the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler's role as court-appointed counsel. Has held leading roles on high-profile matters such as Picard v. Katz et al., Picard v. Merkin et al., and Picard v. Ceretti et al. Successfully lead the first of the Trustee’s cases to be tried to by a jury, which rendered a full verdict in his favor. 
  • Represented UK citizen in the first online marketplace prosecution brought by the Antitrust Division of the Department of Justice.
  • Represented a credit card company in one of the largest civil antitrust actions in history, which resulted in a favorable settlement for client on eve of trial.
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Experience

  • Representing Irving H. Picard, the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler's role as court-appointed counsel. Has held leading roles on high-profile matters such as Picard v. Katz et al., Picard v. Merkin et al., and Picard v. Ceretti et al. Successfully lead the first of the Trustee’s cases to be tried to by a jury, which rendered a full verdict in his favor. 
  • Represented UK citizen in the first online marketplace prosecution brought by the Antitrust Division of the Department of Justice.
  • Represented a credit card company in one of the largest civil antitrust actions in history, which resulted in a favorable settlement for the client on the eve of trial.
  • Defended a hedge fund in connection with a civil action claiming proxy solicitation violations resulting in a favorable bench trial verdict. Was responsible for all aspects of pretrial preparation and assisted throughout the trial itself.
  • Defended an individual investment manager charged with criminal tax fraud. Worked to prepare the client for trial and, upon receipt of a favorable plea agreement, helped prepare the client to testify as a government witness.
  • Represented an investment company during an insider trading investigation by the SEC by responding to the Wells Notice and preparing for the investigation, resulting in no action being taken against the company.
  • Represented numerous broker-dealers in customer and industry disputes before the Financial Industry Regulatory Authority, resulting in favorable settlements.

Recognitions and Memberships

Recognitions

  • City and State New York, Power of Diversity: Asian 100 (2020)
  • Chambers USA Diversity and Inclusion Awards: Minority Lawyer of the Year (2019)
  • National Asian Pacific American Bar Association: Best Under 40 (2016)

Memberships

  • National Asian Pacific American Bar Association
    • Military & Veterans Network: Co-Chair (2016 to 2018)
  • Asian American Bar Association of New York
    • Immediate Past President (2020)
    • President (2019)
    • President-elect (2018)
    • Board of Directors (2017-2021)
    • Military & Veterans Affairs Committee: Co-Chair (2014 to 2018)
  • New York City Bar Association
    • Committee to Enhance Diversity in the Profession
  • Korean American Lawyers Association of Greater New York
  • Council of Urban Professionals: 2014 Fellow
  • The Leadership Council on Legal Diversity: 2019 Fellow

News

News

Publications

Alerts

Pro Bono

  • Serves as outside counsel for the Sikh American Veterans Alliance
  • Represented a client before the Department of Veterans Affairs (VA) as an accredited VA attorney, resulting in a favorable disposition of benefits.
  • Drafted an amicus curiae brief on behalf of the New York Lawyers for the Public Interest in a child custody matter, resulting in a favorable decision.

Prior Positions

  • Fox Rothschild LLP: Associate (2010 to 2011)
  • Kirkland & Ellis LLP: Associate (2007 to 2009)

Military Service

  • United States Army Judge Advocate General's Corps
    • 22d Legal Operations Detachment Trial Defense Services (2021 to present)
    • 3d Legal Operations Detachment: Team Chief (2018 to 2021)
    • Defense Appellate Division, U.S. Army Legal Services Agency: Defense Appellate Attorney (2015 to 2018)
    • Military Personnel Branch, U.S. Army Litigation Division: Litigation Attorney (2012 to 2015) 
    • Contract and Fiscal Law Department, The Judge Advocate General's Legal Center and School: Adjunct Professor (2007 to 2010)
    • Office of the Chief Counsel, U.S. Army Corps of Engineers: Assistant Counsel for Legislation, Fiscal and General Law (2003 to 2006)

Admissions

  • U.S. District Court, Eastern District of New York, 2009
  • U.S. District Court, Southern District of New York, 2008
  • U.S. District Court, District of Connecticut, 2011
  • U. S. Army Court of Criminal Appeals
  • U.S. Court of Appeals for the Armed Forces
  • Massachusetts, 2002
  • New York, 2004

Education

  • LL.M., Securities Law and Financial Regulation, Georgetown University Law Center, 2007, with distinction
  • J.D., Boston University School of Law, 2002, cum laude
  • B.A., Johns Hopkins University, 1999