Robert J. Brener practices in the area of commercial and business litigation, focusing on banking litigation, creditors’ rights, contract disputes and defense of consumer claims. Mr. Brener frequently appears as lead counsel before state and federal courts, as well as arbitration panels, representing corporations and banks and other lenders in complex single plaintiff and class action cases involving alleged violations of the Uniform Commercial Code, Equal Credit Opportunity Act, Truth in Lending Act and the Fair Debt Collection Practices Act. He also counsels clients in the auto finance industry, representing lenders in dealer bankruptcies, workouts, class actions and other litigation matters .
Mr. Brener is a 1992 graduate of American University Law School and a graduate of Northwestern University.
Areas of Practice
Litigation
Banking and Finance
Auto Finance
Representative Matters
Creditors’ Rights – New York, New Jersey, Virginia Federal Courts. Obtained several million-dollar judgments ranging from $8-$20 million after protracted litigation on behalf of lenders upon borrowers’ default and breach of financing agreements.
Class Action – Maryland Federal Court. Served as lead counsel for lender in several class actions in which lender was alleged to have violated Maryland’s consumer borrower statute. Obtained early dismissals on substantive and procedural grounds. Published decisions include Galloway v. Santander Consumer USA Inc., 819 F.3d 79 (4th Cir. 2019).
Consumer Litigation - New Jersey and New York State and Federal Courts. Represented defendants in class action and individual suits alleging violations of federal and state consumer laws, including FCRA, FDCPA, TCPA, TILA, ECOA, and state consumer protection laws. Obtained dismissals and summary judgment or settled on favorable terms. Representative decisions include Fourte v. Chrysler Capital, 2019 WL 994101 (N.J. App. Div. 2019).
Class Action – New Jersey and Maryland Federal Court. Served as lead counsel for lender alleged to have violated ECOA. Upon explaining to opposing counsel the deficiencies in the claims, settled individual claims on very favorable terms and avoided class action.
Foreclosure and Sale – New York State Court. Successfully represented lender against multiple counterclaims brought by borrower. Settles v OneWest Bank, 186 A.D.3d 1551, 131 N.Y.S.3d 684 (N.Y. App. Div. 2020).
Class Action – Massachusetts Federal Court. Served as lead counsel for lender alleged to have violated UCC and Massachusetts statutes. Settled class claims after filing persuasive opposition to class certification motion.
Lender Liability – New Jersey State Court. Obtained summary judgment on behalf of lender alleged to have committed fraud and breach of contact.
Admissions
- New York
- New Jersey
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the District of New Jersey
Education
- American University, Washington College of Law, J.D., 1992
- Northwestern University, B.A., 1988
Experience
Duane Morris LLP
- Partner, 2019-presentLeClairRyan PLLC
- Member, 2012-2019Edwards Wildman
- Counsel, 1996-2012Goldstein Till & Lite
- Associate, 1996Crummy Del Deo, et. al.
- Associate, 1992-1995
Professional Activities
New Jersey Bar Association