Brian A. Hill

/My focus

I focus my practice on complex commercial disputes. In addition to extensive experience in all aspects of civil litigation (including substantial motion practice, extensive depositions and preparation of witnesses, pretrial matters, arbitration and administrative hearings, and bench and jury trials), I have strong case management skills that are necessary for large and medium-size matters, including managing teams of attorneys and paralegals through complex litigation. I have significant experience in the Superior and District court of the District of Columbia and the surrounding area, including the “Rocket Docket” of the United States District Court for the Eastern District of Virginia.

My experience encompasses handling matters involving fiduciary and other professional liability, government contract disputes, False Claims Act and Qui Tam actions, business torts, civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims, class actions, the Anti-Terrorism Act, and cybersecurity issues.

My fiduciary litigation experience includes multi-million-dollar claims involving the fiduciary duties of corporate shareholders, directors, officers, Employee Retirement Income Security Act (ERISA) plan fiduciaries, and investment managers, and inside and outside counsel. I have represented corporations, insurers, non-profits, and beneficiaries in actions alleging breach of fiduciary duties by directors, officers, plan fiduciaries, agents, and trustees.

In cross-border matters, I have represented domestic and international clients in multi-million-dollar matters involving transnational litigation and discovery including requests for discovery assistance in foreign actions under 28 U.S.C. § 1782 and for discovery in domestic litigation under the Hague Evidence Convention.

I also add significant value with niche experience in civil discovery. I am regularly contacted for advice and counsel on very specialized areas of the law including privilege, international data transfer and privacy regulation, litigation hold agreements, record retention policies, electronic discovery, cross-border discovery, cybersecurity, and various other technical issues that arise in litigation. I have counseled clients during internal and government investigations regarding responding to subpoenas, document and information management, cybersecurity, and witness interviews.

/Representative experience

*The below representative experience includes representations from a prior firm.

Complex Commercial Disputes*

• Boneval Condominium Unit Owners Association v. 300C Partners, LLC. Represented 300C Partners, LLC., in a lawsuit alleging breach of contract, breach of warranty, construction defect, and various tort claims arising out of the development and sale of units in a new condominium project. The court granted our motion to dismiss with prejudice; we demonstrated the plaintiff’s claims were untimely, the plaintiff failed to comply with the pre-suit conditions set forth in the Certificate of Limited Warranty and condominium instruments, and that the plaintiff’s complaint failed to allege sufficient facts to plausibly support a claim upon which relief could be granted.
• The Family Federation for World Peace and Unification v. Moon (DC). Represented three Unification Church entities in their action against the directors of a non¬profit corporation established to support the Unification Church alleging that the current directors breached their fiduciary duty to the nonprofit when they amended its articles of incorporation to change the nonprofit’s primary purpose and then diverted hundreds of millions of dollars in assets to a new purpose.
• Rutherford v. Group Hospitalization and Medical Services (D.DC). Representation of a health insurer in a putative class action alleging violation of consumer protection act and breach of fiduciary duty. Case was settled and dismissed.
• Heller, et al., Trustees of Electrical Workers Local No. 26 Pension Trust Fund v. Nicholas Applegate Capital Management, LLC, and Trust Fund Advisors, et al. (D.DC); Trustees of the Operating Engineers Pension Trust Fund v. Trust Fund Advisors, Inc. (D.D.C). Representation of an investment manager in related breach of fiduciary duty actions brought by two Taft-Hartley Funds. Cases were settled through mediation and dismissed. Litigation issues included alleged failure to disclose material facts relating to investment manager personnel and allegedly imprudent investment decisions.
• In re Global Crossing Ltd, et al. (S.D.N.Y.). Representation of corporations in bankruptcy action brought against former shareholders of Global Crossing for breach of fiduciary duty. Case was settled through mediation and dismissed. Litigation issues included liability of shareholder for alleged breaches of fiduciary duty by director appointed by shareholder.
• Ullico Casualty Co, et al. v. EW Blanch Co, Inc, et al. (D.DC). Representation of a property and casualty insurer in action against former agent for breach of fiduciary duty. Case was settled and dismissed. Litigation issues included claims for breach of the duty of loyalty.
• Ullico Inc. v. West (DC Super. Ct); Ullico Inc. v. McNulty (DC Super. Ct); Ullico Inc. v. Bernard (DC Super. Ct); Ullico v. Casstevens (DC Super. Ct). Representation of a corporation in actions brought against former directors for improper transactions in company stock. Cases were settled and dismissed. Litigation issues included claims involving interested director transactions, failure to disclose, and breach of duty of loyalty.

Business Torts, Including Trade Secret Protection & Non-Competes*

• Kopy Kween, Inc. v. March (DC Super. Ct). Representation of an individual in action brought by former employer for breach of a confidentiality and non-competition agreement. Case was settled and dismissed. Successfully opposed plaintiff’s motion for preliminary injunction prior to dismissal.
• Azima v. Del Rosso, et al. (M.D.N.C.). Representation of an individual in cybersecurity case alleging misappropriation of trade secrets through hacking

Cross-Border Litigation*

• Holland v. Thaim et al. (Sup. Ct. NY Cty.) Representation of international corporations and individuals in case alleging fraud arising from investments in West Africa
• Azima v. Handjani (S.D.N.Y.) Representation of an individual in request for assistance in connection with litigation in the UK under 28 USC §1782
• In re Application of Food Investment SPA and Australis Seafood (S.D. Fla.). Representation of individuals in request for assistance in connection with litigation in the U.K. and Chile under 28 USC §1782

ERISA And Employee Benefits Litigation*

• Wright et al. v. Elton et al. (3d Cir.). Representation of an individual in ERISA coverage action seeking contributions to a trust that existed prior to ERISA’s enactment
• Hunter, et al. v. Berkshire Hathaway Inc. (N.D. Tex). Representation of a holding company and operating subsidiary in putative class action alleging violations of ERISA, breach of fiduciary duty, and breach of contract
• Davis, et al. v. PBGC (D.DC). Representation of more than 1,700 retired pilots of US Airways, Inc., in federal district court against the Pension Benefit Guarantee Corporation (PBGC). This ERISA-based action, emanating out of US Airways’ bankruptcy and its related decision to effect a distress termination of its pension plan, asserted several claims for equitable and declaratory relief, including that PBGC failed to properly investigate breaches of fiduciary duty by prior plan managers.
• In re ULLICO Inc. (D.DC). Representation of a corporation and ERISA qualified and non-qualified plans in breach of fiduciary duty action against former officers and plan fiduciaries. Case was settled through mediation and dismissed. Litigated issues included propriety of insider stock offers and redemptions, plan amendments, benefit eligibility, and ability of plan and company to offset benefits against other debts owed by former fiduciaries.
• Carabillo v. Ullico Inc Pension, et al. (US Circuit Court of Appeals—DC Circuit). Representation of employee benefit plans in connection with motion for preliminary injunction seeking immediate payment of benefits. Denial of injunction was affirmed on appeal.

/Looking ahead

The ever-increasing regulations regarding federal acquisition, international data transfer and privacy regulation, and cybersecurity issues will continue to be at the forefront of clients’ minds and needs.

Clerkship

Clerk, The Honorable John M. Steadman, District of Columbia Court of Appeals

/Insights

Presentations

In recent years, Brian has spoken on several ABA conference panels regarding False Claims Act, Business Torts, and cybersecurity developments and has authored several publications and client alerts on the False Claims Act, Business Torts, and cross-border discovery. Examples: 

• Beyond PowerPoint and Dice Rolling - Jury, Graphic, and Other Trial Consultants, ABA False Claims Act Mock Trial Institute (October 2024)
• Business Torts Jeopardy!, ABA Litigation Section Annual Conference (May 2024)
• Recent False Claims Act Cases Involving Cost Accounting and Pricing Issues, ABA Public Contract Law Section Procurement Fraud and False Claims Committee (November 2023)
• Cyber Jeopardy!, ABA Corporate Counsel CLE (February 2023)

Publications

• Business Torts Litigation, Editor (Third Edition) forthcoming
• Employee Retaliation Claims, False Claims in Construction Contracts, Author (Second Edition) forthcoming
• Model Jury Instructions: Business Torts Litigation, Editor (Fifth Edition 2022)
• The False Claims Act and Government Contracts: The Intersection of Federal Government Contracts, Administrative Law, and Civil Fraud, Editor (First Edition 2017)