Troy S. Brown

Partner

Troy Brown is a partner in Morgan Lewis’s Litigation Practice and focuses on litigating multiparty contract disputes, corporate transactional disputes, including claims for contractual indemnification, and business fraud. Mr. Brown also has litigated numerous complex medical device cases, including serving on the national coordinating counsel team for litigation and regulatory matters involving a client’s excimer laser system for LASIK eye surgery. He also has first-chair trial experience representing clients, both plaintiff and defendant, in injunctive matters relating to the enforcement of non-compete and confidentiality agreements, and the protection of trade secrets.

Mr. Brown has handled all aspects of complex commercial and medical device litigation from inception through trial and post-trial appeals.

Some of Mr. Brown’s recent engagements include:

• Representing as lead litigation counsel a leading chemical manufacturer in complex contractual indemnification disputes stemming from a $4 billion divestiture of one of his client’s chemical business units, in which alleged claims exceed $300 million.
• Serving on national coordinating counsel team for litigation, regulatory, and media-related issues concerning a major medical device manufacturer’s excimer laser system for LASIK eye surgery, including developing and implementing a national strategy through conducting extensive fact and expert discovery, pleading and motion practice, case management, alternative dispute resolution, and trial preparation. These matters have been litigated in state and federal courts in California, Texas, North Carolina, Washington, New Jersey and Georgia.
• Representing as lead litigation counsel a leading orthopedic implant manufacturer in defense of unfair competition and tortious interference claims asserted by an industry competitor stemming from, among other claims, the acquisition of assets of one of the competitor’s regional distributors.
• Representing as lead litigation counsel a closely held Thailand company, as plaintiff in federal court in Delaware, in a breach of exclusive distributorship and tortious interference action involving U.S. and Japanese defendants. Mr. Brown negotiated a complex settlement favorable to his client, including technology transfer agreements and valuable licensing rights, as well as cash payments.
• Representing a leading medical device manufacturer in federal court in Louisiana in a multiparty contract and unfair competition lawsuit pertaining to “Grey Market” devices, in which plaintiffs sought in excess of $30 million of damages. Mr. Brown obtained summary judgment in favor of his client and, thereafter, negotiated a favorable global resolution of all claims.
• Representing as lead litigation counsel in federal court in Philadelphia a leading healthcare services company in the prosecution of injunctive claims against a departing executive alleged to have stolen trade secrets and breached confidentiality obligations. After successfully obtaining injunctive relief for his client, Mr. Brown negotiated a favorable settlement with defendant and the nonparty new employer which, among other things, precluded defendant from working for the new employer and competing against his client.
• Representing as lead litigation counsel in New Jersey state court a leading healthcare services company in the defense of injunctive claims relating to non-compete and trade secret disputes concerning his client’s hiring of a sales executive from an industry competitor. After successfully defending the adversary’s request for injunctive relief, Mr. Brown negotiated a favorable settlement of the parties’ dispute.
• Representing as lead litigation counsel a leading pharmaceutical company in federal court in Pennsylvania in a breach of contract and business fraud action involving a dispute over a proposed joint venture. Mr. Brown obtained dismissal of the action on a motion to dismiss, which was affirmed by the Third Circuit on full briefing.
• Representing an international utility company in federal court in Illinois in a breach of contract and business fraud action involving post-closing adjustments stemming from the sale of a pipeline business. Mr. Brown obtained summary judgment in favor of his client on a majority of the adversary’s claims.
• Representing as lead litigation counsel a leading chemical manufacturer in a complex indemnification dispute relating to post-closing adjustments stemming from the divestiture of a chemical processing business. Mr. Brown negotiated a favorable global resolution after a successful, multi-day private mediation.
• Representing a leading energy company in federal and state courts in Florida in a complex, multiparty contract and business fraud action involving stock and asset transfers. Mr. Brown negotiated a favorable global resolution after a successful private mediation.
• Representing as co-trial counsel a leading financial institution in AAA arbitration in a complex contract action involving a dispute over a sale of assets, which resulted in a favorable arbitration award.

Among his other responsibilities, Mr. Brown serves on the Recruiting Committee for the Philadelphia office. In addition, he is a frequent speaker to corporate counsel on issues of litigation risk management and alternative dispute resolution provisions and negotiating strategy.

Mr. Brown serves on the Board of Directors of Variety -The Children's Charity. He recently graduated from the 2006-2007 Core Class of Leadership Philadelphia.

Mr. Brown is admitted to practice in Pennsylvania and New Jersey.