Brett Rosenthal represents individual and corporate clients in high-stakes disputes at every stage of litigation in state and federal courts and in arbitration. Brett has experience in a wide variety of commercial and tort litigation, particularly in the areas of class actions, consumer protection, civil conspiracy (RICO Act), relator-side whistleblower actions (federal and state False Claims Acts), unfair competition, and intellectual property, including patent, copyright, trade secret, and Lanham Act cases.
Current and prior matters* include:
- Representing several dozen investors in a putative securities class action pending in federal court in Nevada regarding alleged life settlement investment scam.
- Representing OnlyFans and Patreon creators regarding RICO, copyright, and state law claims pending in federal court in California against the operators of an alleged pirate website, its affiliated advertisers, and certain service providers including a large CDN company.
- Representing whistleblowers (“relators”) in several pending matters alleging false claims under state and federal law against various defendants in the healthcare, military procurement, and public housing sectors.
- Representing a major beverage company in Lanham Act case regarding marketing for hard seltzer products.
- Representing an inventor in patent case regarding streaming-services technology against a major cable company.
- Representing a bar and restaurant service provider in tortious interference and unfair competition case against its competitor.
- Represented a major telecommunications firm in a Lanham Act case regarding marketing for wireless network technology.
- Represented a major telecommunications firm in class action and FTC proceedings related to certain network management protocols involving alleged “throttling” of wireless data speed.
- Represented a large software company in arbitration regarding holdback provisions of a merger agreement.
- Represented two construction and engineering firms in obtaining a complete victory at trial against a multi-billion fraud and fiduciary duty arbitration claim brought by two major international oil companies in relation to an oil refinery mega-project.
- Represented a leading consumer device manufacturer in post-trial and appellate proceedings after the jury awarded the plaintiff over $1.5 billion.
- Represented a leading online service provider in post-trial proceedings against $2 billion trade secrets, copyright, and Lanham Act claims related to virtual reality technology.
- Represented a Texas-based private equity firm in a partnership dispute in the Delaware Court of Chancery regarding convertible preferred interests against the founders of a retail services franchise company.
- Represented a leading financial services company in litigation against the Federal Trade Commission related to allegedly inadequate fee and privacy disclosures.
- Represented a Texas-based electricity company against multi-hundred-million class action claims alleging RICO conspiracy and fraud.
- Represented a Canadian research university in asserting patent claims against a prominent consumer technology company related to facial recognition technology.
- Represented a diagnostic testing company in appellate proceedings, including before the U.S. Supreme Court, related to multi-million patent claims regarding a non-invasive method for testing fetal DNA.
Before joining Reese Marketos, Brett worked as a litigation associate at Susman Godfrey and Gibson Dunn. Prior to entering private practice, Brett served as a law clerk to the Honorable Diane P. Wood, Chief Judge of the U.S. Court of Appeals for the Seventh Circuit.
Brett obtained his juris doctor degree with high honors from the University of Texas School of Law. He was honored as the Clerk of the Chancellors for having the third-highest GPA out of over 400 students in his class. During law school, Brett served on the Texas Law Review and represented UT Law at the Willem C. Vis International Arbitration Moot in Vienna, Austria.
Before law school, Brett worked in Chicago, Iowa, and Texas, among other places, as one of the first paid staffers on Barack Obama’s presidential campaign in 2007 and 2008. During the first term of the Obama administration, Brett served as the personal assistant to U.S. Trade Representative Ron Kirk, the president’s lead trade negotiator and enforcer.
Brett obtained his undergraduate degree from Yale University, where he majored in political science and lettered all four years as a pitcher on the varsity baseball team. During his college baseball career, Brett set the Ivy League records for saves in a single season and career as the team’s closer. For high school, Brett attended the Greenhill School in Dallas.
*Includes matters handled prior to joining Reese Marketos.