Bryan W. Leach
Professional Practice
Bartlit Beck Herman Palenchar & Scott LLP, 2007-Present, Associate
Bryan has a diverse practice focused on international arbitration and the litigation of international disputes. He is a member of the Advisory Board of the Institute for Transnational Arbitration, the International Bar Association, and the Arbitration Committee of the U.S. Council for International Business. Bryan has lived and studied overseas.
Bryan also handles a variety of commercial and intellectual property cases arising within the United States. He has participated in two trials in which the claimants sought US $300 million or more. In both cases, Bartlit Beck won complete judgments for the defense and the claimants recovered nothing.
International Arbitration
Confidential UNCITRAL Arbitration (2009-2010)
Representing multiple U.S. private equity funds in an ad hoc international commercial arbitration arising out of a contract dispute concerning the clients' US $400 million investment in a joint venture in China. The arbitration is sited in London, with New York law governing the dispute.
Cases tried or otherwise taken to judgment
In re Metropolitan Securities Litigation (Arbitration 2008-2009)
Represented defendant Ernst & Young in audit-related arbitration relating to the collapse and bankruptcy of Metropolitan Mortgage and Securities Co., a $2 billion investment, real estate and insurance conglomerate. Claimants alleged accountants' negligence relating to audit work and sought over $300 million in damages. After a four-week arbitration in Seattle, won a complete defense award, resulting in no damages assessed.
Applied Medical Resources Corp. v. U.S. Surgical Corp. (C.D. Cal. 2007-2008)
Trial counsel for defendant United States Surgical Corporation, a subsidiary of Covidien, in patent infringement suit. Applied Medical alleged that U.S. Surgical infringed a medical device patent and sought up to $300 million in damages and an injunction. Won non-infringement jury verdict after five-week trial in the Central District of California. Prior to Bartlit Beck’s representation, U.S. Surgical had twice previously been found to willfully infringe the same patent.
For more information, click here
United States v. Sarah Burry (N.D. Cal. 2003)
Lead trial counsel in federal prosecution for misdemeanor criminal offense on federal property. Bench trial resulted in a judgment of conviction on all counts.
Other representative cases
Tyco Healthcare Group v. C.R. Bard (D. Del. 2009-Present)
Representing plaintiff Tyco Healthcare in suit alleging that Bard wilfully infringed Tyco's patent on surgical hernia mesh fixation devices. Case scheduled for trial in February 2011.
Sunstar, Inc. v. Alberto-Culver Co. (N.D. Ill. 2009-Present)
Representing Sunstar, a leading Japanese manufacturer of consumer products, in ongoing trademark and contract dispute involving Sunstar's sale of VO5 hair care products in Japan. Case was remanded to the District Court following firm's win on appeal in the U.S. Court of Appeals for the Seventh Circuit.
Click here and here for more information about Bartlit Beck's successful appeal.
In re TyCom Ltd. Securities Litigation (D. N.J. 2008-2010)
Trial counsel for Tyco International in class action suit in which plaintiffs sought $1 Billion in damages for alleged securities fraud. Plaintiffs alleged that Tyco violated Section 10(b) of the Securities Exchange Act and Section 11 of the Securities Act in connection with the July 2000 TyCom IPO. Case settled favorably before trial.
Overby v. Tyco International Ltd. (ERISA Litigation) (D. N.H. 2008-2009)
Represented Tyco International in class action suit brought under ERISA on behalf of participants in Tyco's retirement plans. Plaintiffs sought over $1 Billion in damages. Case settled favorably before trial.
MiTek Industries v. Weyerhaeuser Co. (2008)
Represented MiTek, a leading manufacturer of building components and subsidiary of Berkshire Hathaway, in a contract dispute involving a software joint venture. Case settled favorably prior to AAA arbitration.
Appeals
Sunstar, Inc. v. Alberto-Culver Co. (7th Cir. 2008-2009)
Briefed and argued this case on behalf of Sunstar, a leading Japanese manufacturer of consumer products. The appeal arose out of a trademark dispute involving Sunstar's sale of VO5 hair care products in Japan -- a $100 million line of business. Took over from different trial counsel to handle Sunstar’s appeal. In an opinion by Judge Richard A. Posner, the Seventh Circuit overturned the judgment and vacated the injunction against Sunstar.
Click here to listen to the oral argument in the 7th Circuit.
Click here to read Judge Posner's opinion.
For more information about Bartlit Beck's victory, click here and here.
Applied Medical Resources Corp. v. U.S. Surgical Corp (Fed. Cir. 2008-2009)
Represented United States Surgical Corporation, a subsidiary of Covidien, in an appeal before the U.S. Court of Appeals for the Federal Circuit. Won affirmance of the judgment of non-infringement for U.S. Surgical in a patent case concerning its life-saving trocar products, which are used in laparoscopic surgery.
For more info, click here
Acknowledgements, presentations, and publications
Bryan W. Leach, Comment, The Unfinished Business of Bankruptcy Reform: A Proposal to Improve the Treatment of Support Creditors, 115 YALE L. J. 247 (2005)
Manuel Berrélez, Jamal Greene, & Bryan Leach, Note, Disappearing Dilemmas: Judicial Construction of Ethical Choice as Strategic Behavior in the Criminal Defense Context, 23 YALE L. & POL’Y REV. 225 (2005)
Bryan W. Leach, Note, Race as Mission Critical: The Occupational Need Rationale in Military Affirmative Action and Beyond, 113 YALE L.J. 1093 (2004)
News
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Law360
Big Wins
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Sunstar, Inc. v. Alberto-Culver Co. (2009)
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In re Metropolitan Securities Litigation (2009)
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Applied Medical v. United States Surgical (2008)