Brendan Gilmartin represents a diverse array of corporate clients in complex business disputes in U.S. Federal Court, state court, and private arbitrations before the AAA, JAMS, and FINRA. His current practice focuses on representation of public corporations, construction contractors, manufacturers, and product distributors in lawsuits pertaining to claims such as breach of contract, breach of fiduciary duty, and strict products liability. He leads litigation strategy by crafting dispositive motions, motions in limine, and appellate briefs.
- Second-chaired a private arbitration that resulted in a full defense verdict in our client’s favor. In this matter, a high net-worth individual brought claims against her former investment advisor sounding in breach of fiduciary duty and fraud in the management of her investment accounts.
- Authored appellate brief and argued appeal that successfully overturned dismissal of a complaint brought by the former CFO of an emerging fintech startup against the current CEO, despite the existence of an executed general release of all claims. The client alleged causes of action including breach of contract and fraudulent inducement related to the disposition of his substantial equity stake in the company.
- Authored pre-answer motion to dismiss that achieved dismissal of eight of nine causes of action in a lawsuit brought by a large real estate owner seeking $80,000,000 in damages from its longtime property manager based on allegations of breach of contract, breach of fiduciary duty, and negligent misrepresentation, among other theories of liability. (Settled at mediation for $500,000).
- Settled a multi-million dollar claim in the low six figures on the strength of Daubert motions that successfully precluded adversary’s damages experts prior to trial.
Admissions
- Texas
- Colorado
- New York
- New Jersey
Education
- J.D., Brooklyn Law School, 2013
- CALI Award, Excellence in Secured Transactions
- Dean’s List, 2012-2013
- B.A., Art History and Political Science, New York University, 2010