Brian N. Biglin

Representative Matters

Criminal and White Collar Defense

• Successfully defended registered representative subject to SEC insider trading investigation, resulting in no charges.

• Defended publicly traded financial institution in SEC investigation of alleged systemic false statements as to loan losses, helping to obtain resolution which the client found favorable.

• Represented foreign individuals and fund upon seizure of bank account related to international money laundering investigation, reaching resolution which avoided charges.

• Defended individual charged and jailed for alleged theft and witness tampering. Negotiated plea on hearing day to obtain immediate release of client, dismissal of tampering charge, and time-served sentenced as to theft charge carrying up to five-year imprisonment.

• Won dismissal of prosecution charging client with harassment and violation of protective order.

• Defeated parole revocation charges and obtained immediate release of client to reinstated parole following evidentiary hearing.

• Represented parolee in parole revocation hearing, establishing facts sufficient to garner timely reinstatement of parole and release from jail.

• Defended publicly traded financial institution in SEC investigation concerning investments in commercial mortgage-backed securities, helping to obtain resolution which the client found favorable.

Media and First Amendment Litigation

• Represented high-profile author in defense of retaliatory libel suit claiming false and defamatory statements in client’s book.

• Represented television broadcasters in defense of libel claims on basis of fair report privilege and related defenses.

• Successfully represented individual jailed for non-threatening social media post critical of ex-husband in Section 1983 suit against two sheriff’s deputies, including ex-husband. Obtained apology and settlement which the client found favorable after defeating motions for summary judgment in district court and fully briefing appeal in circuit court.

• Represented man arrested solely for wearing a mask to express himself in peaceful protests following Ferguson, Missouri police shooting, obtaining district court opinion authorizing suit to proceed.

• Represented elected official in Section 1983 suit against city, police officers, and fellow board member arising from unlawful arrest based solely on alleged use of profanity during recess of contentious board meeting. Suit included claims of conspiracy, violation of open meetings statute, and multiple constitutional violations.

Complex Litigation

• Represented Virtua Health System and Our Lady of Lourdes Health System in commercial litigation brought by Deborah Heart & Lung Center in New Jersey state court whereby Deborah claimed that Virtua’s acquisition of Lourdes in 2019 caused Lourdes to breach a restrictive covenant in a contract between Deborah and Lourdes, and resulted in Virtua inducing the alleged breach and competing unfairly with Deborah. This matter was resolved by the mutual agreement of the parties and dismissed in its entirety with prejudice.

• Representing luxury brand in settlement enforcement litigation concerning defendant’s international counterfeiting scheme and unlawful resale of client’s product.

• Representing bank in construction-related arbitration, having successfully obtained dismissal of action from state court on basis of agreement to arbitrate.

• Successfully argued the ‘Crime or Fraud’ Exception to Attorney-Client privilege to obtain communications of a defendant which would otherwise be deemed privileged.

• Represented plaintiffs in suit alleging fraud upon the court and cross-border conspiracy to attach real estate through such fraud, successfully defeating all motions for summary judgment to ensure trial.

• Secured dismissal of subrogated tort and contract claims brought against Delaware small business by major insurer seeking recovery in New Jersey Superior Court, successfully establishing lack of personal jurisdiction.

• Represented plaintiff in declaratory judgment action seeking declaration regarding scope of federal Stored Communications Act in connection with claim of unlawful access to social media posts.

• Represented pharmaceutical packaging company’s executive and principal in suit alleging fraud, culminating in voluntary dismissal by plaintiffs.

• Represented New Jersey-based bank in defense of contract and tort claims of credit card processors arising from bank’s service as depository agent for defunct airline shown to have committed criminal frauds.

• Assisted preparation of successful appeal, before Court of Appeals for the Second Circuit, reversing trial verdict by establishing that clients’ insurer issued an ambiguous policy.

• Obtained summary judgment dismissing arbitration action on basis that dispute was previously settled by the parties and that claimant sought to impose an unlawful non-compete agreement.

Litigating in the Public Interest and Other Pro Bono Successes

• Obtained a court order vacating and expunging all prostitution-related criminal records under N.J. Rev. Stat. § 2C:44-1.1 on behalf of a survivor of human trafficking.

• Secured special visas for Afghan refugee who assisted the United States Marines as a tactical interpreter, achieving safe resettlement of client, wife, and child to United States amid pandemic, in conjunction with the International Refugee Assistance Project (IRAP) and Rutgers Law School.

• Obtained court-mediated settlement which the client found favorable after filing Section 1983 and tort claims on behalf of disabled man injured by county jail’s inhumane medical treatment and failure to provide basic disabled accessibility features.

• Successfully obtained walk-away settlement on behalf of New York City community organization wrongly sued by debt collector after “defaulting” on a fraudulently marketed credit arrangement.

• Obtained emergency vacatur of New Jersey Superior Court order ejecting elderly Newarker from her home, and ultimate dismissal of improper ejectment action.

Areas of Practice

• Trial
• White Collar and Criminal Defense
• Media and First Amendment
• Federal Litigation

Admissions

• New Jersey
• New York
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the District of New Jersey

Education

• Rutgers Law School, J.D., cum laude, 2011
• University of Michigan, A.B., Economics, 2008

Experience

• Duane Morris LLP
  - Associate, 2015-present
• Sills Cummis & Gross P.C.
  - Associate, 2011-2013, 2014-2015
• U.S. District Court for the District of New Jersey
  - Law Clerk to the Hon. Kevin McNulty, 2013-2014

Professional Activities

• Media Law Resource Center
• Association of the Federal Bar of New Jersey

Civic and Charitable Activities

• Co-Chair, Volunteer Lawyers for Justice – NextGen Board (2019-2021)
• President, Rutgers Law School - Newark Alumni Association (2017-2018)
• Trustee, Rutgers Law School - Newark Alumni Association (2012-present)
  - Anti-Racism Committee (2020-present)
  - Nominating Committee (2016-present)
• Member, Dean Selection Committee, Rutgers Law School (2017-2018)

Honors and Awards

• Named to Best Lawyers "Ones to Watch," 2023-2025

• Outstanding Attorney-Student Team, 2021, by International Refugee Assistance Project (IRAP)

• Named in New Jersey Law Journal as a New Leader of the Bar, 2020

• New Jersey State Bar Association Pro Bono Award for New Attorney, 2018

• Duane Morris Pro Bono Award, 2018

• Listed in New Jersey Super Lawyers Rising Stars

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Selected Publications

• Co-author, "SEC Issues First Charges for False Disclosures Concerning the COVID-19 Pandemic," Duane Morris Alerts, December 10, 2020
• Co-author, "New York Bolsters Anti-SLAPP Protections for Defendants Sued for Free Speech Activities," Duane Morris Alerts, November 13, 2020

• Quoted, "NJSBA Pro Bono Awards Recognize Lawyers Who Serve the Underserved and Vulnerable," New Jersey Law Journal, October 8, 2018

• "The Reporter's Privilege and Its Uncertain Boundaries in the National Security Context," New Jersey Lawyer, June 2017
• "The Streetcar Dilemma: Preventing Incurable Harm Through Timely Enforcement of the Antitrust Laws," 65 Rutgers L. Rev. Commentaries 38, 2013
• "Mandate or Myth: Is There a 'Heightened Standard' For Redevelopment Area Designations, And If So, From Where Does it Come?" 39 Rutgers L. Rec. 116, 2012
• "More Affordable Housing, But Where, and for Whom?" 9 Cornell Real Estate Rev., 48, 2011 (2011 ING Most Outstanding Article)
• Note, "Toward Successful Urban Revitalization: Why New Jersey Should Relinquish Some of its Berman Power to Bulldoze for 'Redevelopment,'" 63 Rutgers L. Rev. 275, 2010

Selected Speaking Engagements

• CLE Panelist and Moderator, "Obtaining a Clean Slate: An Update on Criminal Expungement Laws in Pennsylvania and New Jersey," presented virtually across offices, September 16, 2020

• CLE Panelist, "Duane Morris Pro Bono CLE: Trauma Informed Lawyering," presented virtually across offices, July 1, 2020

• Speaker, "Rutgers Law School Newark Alumni Recognition Gala," Maplewood, New Jersey, November 1, 2018

• Speaker, "Award Recipient Remarks," New Jersey State Bar Association Pro Bono Committee Meeting and Award, New Brunswick, New Jersey, October 24, 2018

• CLE Panelist, "Duane Morris Pro Bono Group Presentation on Litigating Prisoners’ Civil Rights Claims," Newark, New Jersey, October 16, 2018

• CLE Panelist, "Duane Morris Commercial, Securities and Antitrust Litigation Group Presentation on Lawyer Ethics and Social Media," Newark, New Jersey, September 26, 2018

• Speaker, "Presenter of Distinguished Service Award to Hon. Ronald K. Chen, outgoing Dean of Rutgers Law School," June 26, 2018, New York, New York

• Speaker, "Alumni/ae Remarks," Rutgers Law School Commencement Ceremony, Newark, New Jersey, May 25, 2018

• Speaker, "Minority Student Program 50th Anniversary Celebration," Rutgers Law School Newark, Newark, NJ, April 14, 2018

• Speaker, "Rutgers Law School Newark Alumni Recognition Gala," Maplewood, New Jersey, November 1, 2017