Brandon R. Nagy

Experience

Complex Commercial Litigation

• Defended international emerging technology/alternative energy company, its U.S. affiliate, and several directors and officers from fraud and breach of contract claims seeking nine-figure damages. Successfully implemented a litigation and discovery strategy, including leveraging written discovery and targeted depositions into summary judgment wins that reduced the plaintiff's claim from an existential threat to a cost-of-defense settlement.
• Conducted international discovery, including overcoming procedural hurdles from the Hague Convention and other international treaties, GDPR, other privacy and national laws to import data into the United States for use in litigation and take or defend depositions abroad.
• Defended a startup against fraud and breach of contract claims filed by a customer, including winning summary judgment to dismiss all fraud claims, reducing potential liability by an order of magnitude, and negotiating a settlement that preserved the startup's business.
• Defended U.S. subsidiary of a Fortune 500 company in renewable energy and wind industry from breach of contract claims seeking to recover tens of millions in lost profits and CapEx spent by the plaintiff allegedly in reliance on purchase contracts. Successfully defeated novel damages theory at summary judgment. At trial, succeeded in reducing damages to such a degree that the parties agreed to resolve the dispute with a business solution.
• On behalf of Fortune 500 energy company, investigated a catastrophic equipment failure and advised on legal risk.
• Successfully recovered over $20 million for utility rate payers through a class action lawsuit against a water utility arising from fraud, bribery, and RICO by the utility when receiving approval of the artificially high rate.
• Kept trains running by successfully bringing a TRO action on behalf of a major North American rail operator against a municipality intent on closing railroad gates during non-emergency times.

Financial Services

• Brandon has served as litigation counsel for regional and national financial institutions in a variety of matters involving enforcement of agreements, loss mitigation, contract disputes, responding to subpoenas, consumer claims, and other issues.
• Prosecuted breach of commercial loan agreements and defaults for large international bank and specialty lenders.
• Defended banking client from overreaching third-party subpoena that involved difficult bankruptcy, litigation risk, and regulatory issues.
• Served as trial consultant for a trustee in a $40+ million fraud case against an alternative lending company and its principals who misappropriated capital intended to fund loans.

Appeals and Regulatory

• Through appellate briefs and oral argument, he convinced the U.S. Court of Appeals for the District of Columbia Circuit to reverse an FAA administrative decision—usually given near total deference—that grounded a commercial pilot based on an arbitrary blacklist of prescription medications unrelated to the medical effects on the airman.
• Defended before the Court of Appeals for the District of Columbia the Anti-SLAPP victory of a property developer in defamation and false light claims brought against an aggrieved business acquaintance.
• Advises clients on FCC compliance with radio license transfers during mergers, acquisitions, divestitures, and other changes in control of license holders.
• Saved the license of a medical professional from a Drug Enforcement Agency (DEA) investigation related to the diversion of a Schedule 3 narcotic by the human owner of a herd of animal patients.
• Brandon assesses trial court proceedings for appellate chances and risk, and has been the primary drafter of briefs for the D.C., Fourth, and Ninth Circuit Courts of Appeals, as well as state appellate courts in Arizona, the District of Columbia, Maryland, and Virginia.

Recognitions

Professional & Civic Activities