Brian P. Borchard

Brian Borchard is a litigation attorney with broad experience representing a diverse set of high-value clients across a wide range of general commercial litigation matters—including complex state and federal commercial and antitrust disputes, employment issues, and government investigations. His subject matter experience includes breach of contract (outsourcing agreements, software implementation agreements, supply agreements, joint ventures, etc.), fraud and fraudulent inducement, products liability, breach of fiduciary duty, professional negligence, antitrust and anticompetitive conduct, state and federal False Claims Act violations, intentional and constructive fraudulent transfer, employment disputes (age/gender discrimination, non-competes, etc.), tax increment financing, unjust enrichment, and consumer fraud. Brian also provides prelitigation and non-litigation advisory counseling to clients on litigation risk, liability avoidance, and dispute resolution.

Before joining GGU, Brian practiced for more than a decade at Kirkland & Ellis LLP, where he served as a litigation partner for five of those years. Prior to his time at Kirkland, Brian clerked for the Honorable Cornelia G. Kennedy in the United States Court of Appeals for the Sixth Circuit. Brian received his law degree, with honors, from Georgetown University Law Center in 2009, where he served on the Georgetown Law Journal. He received his undergraduate degree, summa cum laude, from the University of Notre Dame in 2004.

Brian has been named to the Benchmark Litigation Under 40 Hotlist four consecutive years (2017, 2018, 2019, 2020). He was also named to the BTI Client Service All-Stars List in 2018.

Brian Borchard is a litigation attorney with broad experience representing a diverse set of high-value clients across a wide range of general commercial litigation matters—including complex state and federal commercial and antitrust disputes, employment issues, and government investigations. His subject matter experience includes breach of contract (outsourcing agreements, software implementation agreements, supply agreements, joint ventures, etc.), fraud and fraudulent inducement, products liability, breach of fiduciary duty, professional negligence, antitrust and anticompetitive conduct, state and federal False Claims Act violations, intentional and constructive fraudulent transfer, employment disputes (age/gender discrimination, non-competes, etc.), tax increment financing, unjust enrichment, and consumer fraud. Brian also provides prelitigation and non-litigation advisory counseling to clients on litigation risk, liability avoidance, and dispute resolution.

Before joining GGU, Brian practiced for more than a decade at Kirkland & Ellis LLP, where he served as a litigation partner for five of those years. Prior to his time at Kirkland, Brian clerked for the Honorable Cornelia G. Kennedy in the United States Court of Appeals for the Sixth Circuit. Brian received his law degree, with honors, from Georgetown University Law Center in 2009, where he served on the Georgetown Law Journal. He received his undergraduate degree, summa cum laude, from the University of Notre Dame in 2004.

Brian has been named to the Benchmark Litigation Under 40 Hotlist four consecutive years (2017, 2018, 2019, 2020). He was also named to the BTI Client Service All-Stars List in 2018.

+ Representative Engagements

Commercial Litigation

  • Represented IT software/services provider in federal court action alleging fraud, breach of contract, and breach of fiduciary relating to IT services outsourcing agreement. After two-week trial, court found full judgment in favor of client, including damages for counterclaim for unpaid termination fees.
  • Achieved class certification denial in defense of linehaul truck industry-wide antitrust conspiracy claim filed in federal court, and wrote successful Third Circuit appellate brief on behalf of client and defense group, leading to eventual dismissal of case.
  • Achieved federal multidistrict litigation victory for major charitable foundation in $2 billion case involving allegations of intentional and constructive fraudulent transfer, breach of fiduciary duty, and aiding and abetting fiduciary breach.
  • Represented pharmaceutical company in state-court breach of contract action relating to alleged failure to supply plaintiff with sufficient chemical solutions under terms of master services agreement.
  • Represented IT software/services provider in state and federal False Claim Act investigations.
  • Represented real estate developer in state case asserting alleged violations of state tax increment financing statute from local ordinance authorizing such financing.
  • Represented major charitable foundation in state court action alleging contract breach and negligence claims against insurance broker for failure to secure suitable insurance coverage.
  • Represented pharmaceutical company in successfully defeating federal False Claims Act whistleblower retaliation lawsuits relating to marketing practices used by former employee plaintiffs.
  • Represented leading property and casualty insurer in putative federal class action brought by former insurance agent employees alleging ADEA, ERISA, breach of contract, and breach of fiduciary duty claims.
  • Represented cell phone manufacturer in multiple individual cases and class actions alleging that radiofrequency energy from cell phones causes brain cancer and other personal injuries.
  • Represented real estate developer in litigation filed by advocacy groups seeking to unwind tax increment financing provided to developer through local ordinance.
  • Represented cell phone manufacturer in putative class action filed in state court alleging violations of consumer protection statutes relating to alleged misrepresentations about cell phone safety.
  • Represented bottling and packaging company in trade secret misappropriation claim in state court.


Advisory

  • Advised IT outsourcing/software company on multiple occasions in assessing potential contract breach exposure and devising course of conduct to avoid litigation or otherwise minimize potential exposure in event of litigation.
  • Advised international shipping company on strategic options for back office outsourcing contract dispute.
  • Advised pharmaceutical company on strategic options for various drug development joint venture contracts.
  • Advised M&A client on risk of target’s pending litigation matters.
  • Advised hospitality technology company on antirust risk of tying arrangements..


Pro Bono

  • Represented letter carrier in federal gender discrimination claim, obtaining largest known USPS discrimination settlement via federal magistrate mediation.
  • Defended local journalists against defamation suit brought by library administrator, obtaining walk-away settlement in federal magistrate mediation.
  • Co-led Seventh Circuit appeal of “interstate threat” criminal conviction.
+ Community Matters

Recipient, Kirkland & Ellis Pro Bono Service Award (2010, 2011).

Past mentor for “Lawyers in the Classroom” program.

Helped lead Kirkland clinic for foreign nationals seeking permanent residency visas.

Brian P. Borchard

PARTNER

T: 312 322-1986
F: 312 322-0056

bborchard@ggulaw.com
 
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Practice Areas

Complex Commercial Litigation
Business Torts
Class Actions
Antitrust
Trade Secrets and Restrictive Covenants
False Claims Act Violations

 
Education

Georgetown University Law Center
J.D., cum laude, 2009

University of Notre Dame
B.A. in Political Science and French,
summa cum laude, 2004

 

Bar Admissions

Illinois

United States Court of Appeals for the Third Circuit

United States Court of Appeals for the Second Circuit

United States District Court for the Northern District of Illinois

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