Lawyers

Adam Brebner is a special counsel in the Litigation Group. His practice focuses on intellectual property and commercial litigation.

Mr. Brebner represents technology companies, financial institutions and other entities before state and federal courts, primarily in commercial and intellectual property matters. Mr. Brebner’s trial experience in recent years includes trials in Federal District Court, New York state court, the Delaware Court of Chancery and the International Trade Commission. Mr. Brebner has also briefed appeals before the United States Supreme Court, the Federal and Second Circuits, and New York state appellate courts.

SELECTED REPRESENTATIONS

• Micro Systems Engineering, Inc., in a software copyright infringement and trade secret misappropriation jury trial resulting in entry of judgment as a matter of law in favor of MSEI at the close of evidence, and on appeal to the Second Circuit, resulting in affirmance;
• Blackberry in an arbitration against Qualcomm pertaining to patent license royalty payments resulting in an $814.9 million award to BlackBerry;
• Gildan Activewear in an arbitration pertaining to an indemnity provision in a business acquisition agreement resulting in an award in favor of Gildan;
• Apollo Tyres, in an expedited bench trial in Delaware Chancery Court regarding Apollo's proposed $2.5 billion merger with Cooper Tire & Rubber Company, resulting in a ruling in favor of Apollo;
• ASM, a leading supplier to the semiconductor industry, in defending a “threatened” misappropriation of trade secrets claim brought by competitor Applied Materials;
• Philips
  • in a successful bench trial before the Delaware Court of Chancery involving contractual, fraud and corporate law claims by an Italian investor under the laws of Italy, the Netherlands and Delaware pertaining to a €200 million loan to a third-party company;
  • in several patent infringement actions in Minnesota and New York relating to recordable compact discs, including appeals to the Federal Circuit;
• MPEG LA
  • in a jury trial victory relating to a patent license contract;
  • in a bench trial concerning an obligation to license standard-essential digital compression patents resulting in a settlement;
• Dyson PLC
  • in a patent infringement jury trial against Hoover resulting in a settlement;
  • in multiple actions alleging false advertising under the Lanham Act;
  • in patent infringement action relating to vacuum cleaner technology, resulting in dismissal on summary judgment and subsequent affirmance by the Federal Circuit;
• Ferrosan Medical Devices, in patent infringement trial before the International Trade Commission resulting in a settlement;
• The official committee of unsecured creditors of Energy Future Holdings, in a contested Chapter 11 confirmation hearing in Bankruptcy Court for the District of Delaware.