bryan westhoff

shareholder

About

My practice is in complex commercial litigation, concentrating in financial and M&A/deal litigation and securities/SEC matters. I also have significant experience in consumer deceptive trade practice and false advertising cases representing proprietary schools, computer coding boot-camps, telecommunication providers, pharmaceutical companies, and others. I have handled cases of all sizes, including multiple "bet the company" cases seeking more than $1 billion in potential damages. I have argued successfully before a variety of federal and state courts, including the Ninth Circuit Court of Appeals. I routinely represent clients in expedited litigation and have prepared and argued multiple motions for preliminary injunctions and temporary restraining orders.

Country

united states

City

chicago

Industry

law practice

Skill

litigation, appeals, commercial litigation, legal writing, trials, class actions, civil litigation, legal research, breach of contract, courts, hearings, motions, torts, securities litigation, product liability, pleadings, memos, expert witness

Experience

shareholder

polsinelli

2017-11 - Present · 8 yrs 11 mos

* Represented a publicly traded manufacturer of electric motors and its Board of Directors against seven shareholder lawsuits bringing disclosure and process claims related to the announced $100 million acquisition of the company by a foreign buyer. * Represented multiple private equity firms (Buyers and Sellers) in post-closing indemnification, fraud, and earnout claims and working capital disputes related to sale or purchase of portfolio companies. * Represented multiple clients providing testimony before the SEC. * Represented a pharmaceutical company in false advertising claims related to statements appearing on the label of one of the company’s drugs. * Represented an international telecommunications company in consumer false advertising and deceptive trade practice claims related to the operation its content filter.

counsel

arnold & porter kaye scholer llp

2012-5 - 2017-11 · 5 yrs 7 mos

counsel

dewey & leboeuf llp

2005-5 - 2012-5 · 7 yrs 1 mo

* Significant cases include: * Represented Artemis S.A. and its affiliates against fraud claims seeking damages in excess of $1 billion related to Artemis' acquisition of an insurance company from the rehabilitation of Executive Life Insurance Company. * Represented The Finish Line in litigation brought by its investment bank related to the break-up of an announced $1.5 billion merger between The Finish Line and Genesco. * Represented BP’s Savings and Pension Plans in breach of fiduciary duties claims against their ERISA Investment Manager for losses resulting from securities lending. * Represented the court-appointed Receiver of WexTrust Capital and its related companies after management was arrested for perpetrating a $255 million international Ponzi scheme. * Represented American Airlines in litigation against related to American’s announced termination of Orbitz’s ticketing authority.

associate

foley & lardner llp

2002-9 - 2005-5 · 2 yrs 9 mos

Significant cases include: Represented a national insurance company at trial against its reinsurer related to $150 million of losses resulting from a non-standard auto insurance program.

full time intern

united states department of justice – civil division appellate staff

2002-1 - 2002-4 · 4 mos

* My experience included: * Drafting appellate briefs for pending cases * Drafting certiorari recommendations for the Office of the Solicitor General * Participating in mock oral arguments to prepare the DOJ attorneys for hearings * and * Meeting with third parties requesting amicus curiae support.