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Brian Foster is a litigation associate in the firm’s Washington, DC office whose practice focuses on representing policyholders in insurance coverage matters. He also has experience in antitrust cases, ERISA and employee benefits matters, and complex commercial disputes. In addition, Mr. Foster maintains an active pro bono litigation practice on behalf of several men unlawfully detained at Guantanamo Bay, Cuba.
- Represents a subsidiary of National Grid in litigation regarding insurance coverage for historic environmental liabilities.
- Represented an energy company in proceedings before a court-appointed referee adverse to an insolvent insurer regarding insurance coverage for historic environmental liabilities.
- Represented a leading tire manufacturer in commercial and fraud litigation with former employees and business partners.
- Represented a national bank in CFPB enforcement actions relating to unfair and deceptive practices allegations.
- Represented a leading electronics manufacturer in In Re TFT-LCD Antitrust Litigation, a consolidated set of antitrust cases brought by direct and indirect purchaser classes, state attorneys general, and “opt-out” plaintiffs who purchased liquid crystal displays used in televisions, notebook computers, mobile phones, and other products.
- Represented a leading steel manufacturer in ERISA class action litigation concerning “whipsaw” claims under cash balance plans.
- Represented a leading manufacturer of acoustic components in a patent infringement action before the International Trade Commission concerning MEMS microphone packaging technologies.
- Represented a multinational manufacturing company in a pre-litigation matter regarding a major insurance company’s obligation under ERISA to pay dividends and return surplus funds associated with two decades-old pension annuity contracts.
- Represented a national bank in commercial litigation with a regional furniture retailer chain.
- Represented several companies in ERISA class actions regarding the proper calculation of benefits, spinoffs of pension plan obligations and assets, and other issues.
Pro Bono
- Represents several Yemeni nationals currently detained at Guantanamo Bay, Cuba, in habeas corpus litigation before the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States.
- Represents criminal defendants against charges of assault, disturbing the peace, disorderly conduct, and trespass in Maryland state court.
- Represented the Washington Humane Society in litigation regarding its pet adoption procedures.
Memberships and Affiliations
- George Mason University School of Law, Adjunct Professor of Law, co-teaching Federal Courts (2010-2011)
Previous Experience
- The Sterling Corporation, Lansing, Michigan, Account Executive (2002-2004)
- Public Opinion Strategies, Alexandria, Virginia, Project Director (2001-2002)
- The Eddie Mahe Company, Washington, DC, Associate (1998-2001)
- American College of Nurse-Midwives, Washington, DC, Legislative Affairs Coordinator (1997-1998)
Should all Gitmo detainees “rot in hell”?
February 16, 2015, The Hill
Covington's Brian Foster has authored this article on Sen. Lindsey Graham's recent comments on Guantanamo Bay detainees. Mr. Foster represenst several Yemeni nationals currently detained at Guantanamo Bay, Cuba, in habeas corpus litigation before the United States District Court for the District of Columbia, the United States Court of Appeals for the District of ...
January 31, 2014
WASHINGTON, DC, January 31, 2014 — Am Law Litigation Daily named Covington & Burling’s Robert Wick as “Co-Litigator of the Week” for his role in securing dismissal of various antitrust claims, valued at more than $3 billion, brought by Motorola Mobility against Samsung Electronics and several other liquid crystal display manufacturers. In a ruling issued on ...
Pro Bono Firms Of 2014: Covington & Burling
2014, Law360
Brian Foster as quoted in this article which recognized Covington for its Guantanamo habeas litigation work.
Boumediene’s Legacy and the Fate of the Guantanamo Detainees
July 17, 2012, The Constitution Project
Defending the Rule of Law: Perspectives from Inside Guantanamo Bay
February 27, 2012, Notre Dame Law School
Covington Scores Significant Victory for Family Dollar
March 30, 2011
WASHINGTON, DC, March 30, 2011 — Covington & Burling LLP has secured an important victory in the U.S. Court of Appeals for the Fourth Circuit on behalf of Family Dollar Stores, Inc., which had been accused of violating the Fair Labor Standards Act. At issue is whether a group of current and former managers at Family Dollar Stores should qualify for overtime pay ...
May 7, 2010
WASHINGTON, DC, May 7, 2010 — Covington & Burling LLP represented the prevailing parties in Conkright v. Frommert, a significant case in the U.S. Supreme Court concerning the Employee Retirement Income Security Act (ERISA). The Court’s ruling in favor of the Xerox Corporation pension plan and the plan’s administrator has implications for many other ERISA plans. ...
2006, 81 Notre Dame L. Rev. 2013
- Charles F.C. Ruff Pro Bono Lawyer of the Year (2014)
- Washington DC Super Lawyers, Insurance Coverage "Rising Star" (2014-2016)
- James William Moore Federal Practice Award from LexisNexis for the outstanding student paper in federal civil procedure and practice (2006).