Brian W. Song

Partner

New York
T +1 212.271.1505  |  F +1 212.589.4201

Brian Song 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 crime, where he has represented clients in connection with investigations conducted by the U.S. Department of Justice, the Securities and Exchange Commission (SEC) and the Troubled Asset Relief Program. Brian is conscientious about his 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 as a major in the Army Reserve. Brian 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 with the U.S. Army Defense Appellate Division at Fort Belvoir, Virginia. Brian applies the leadership lessons he learned in the Army to his civilian legal practice.

Select Experience

  • Representing Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler's role as court-appointed counsel. Brian has held leading roles on high-profile matters such as Picard v. Katz, et al., and Picard v. Merkin, et al.
  • 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.
  • Defended a hedge fund in connection with a civil action claiming proxy solicitation violations resulting in favorable bench trial verdict. Brian was responsible for all aspects of pre-trial preparation and assisted throughout trial itself.
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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. and Picard v. Merkin et al.
  • 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

  • National Asian Pacific American Bar Association: Best Under 40 (2016)

Memberships

  • National Asian Pacific American Bar Association
    • Military & Veterans Network: Co-Chair
  • Asian American Bar Association of New York
    • Military & Veterans Affairs Committee: Co-Chair
  • 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

News

Press Releases

Pro Bono

  • 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.

Services

Industries

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
    • Defense Appellate Division, U.S. Army Legal Services Agency: Defense Appellate Attorney (2015 to 2017)
    • 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. Army Court of Criminal Appeals
  • U.S. Court of Appeals for the Armed Forces
  • 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
  • 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