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Biography

Brad Foster represents clients in securities litigation and other complex business disputes, including securities class actions, mergers and acquisitions litigation, SEC and FINRA investigations and enforcement proceedings, shareholder derivative litigation, bankruptcy and receivership litigation, accounting malpractice claims and regulatory investigations, and myriad other business litigation and arbitration proceedings. He also has substantial federal and state appellate experience in securities cases.

Brad has been nationally recognized by The US Legal 500, repeatedly listed as a “Texas Super Lawyer” in securities litigation by Texas Monthly, and named as one of Texas’ “Top Rated” securities lawyers by American Lawyer Media. He also has been honored as a “Legal Lion” by Law360’s Weekly Verdict and as “Appellate Lawyer of the Week” by Texas Lawyer. He earned his JD from Southern Methodist University, where he was Valedictorian of the Class of 1990.

Brad also is a licensed Certified Public Accountant in the State of Texas. He passed the Uniform CPA Exam in May 1987, receiving the Elijah Watt Sells Certificate for Performance with High Distinction, which is given to candidates who earn one of the top 100 overall scores in the nation.

Brad's Relevant Experience

Federal Securities Litigation

Represented an insurance industry client in a multibillion-dollar securities class action, a separate multibillion-dollar receivership claim, numerous related lawsuits filed in state and federal court, a federal multi-district litigation (MDL) proceeding, and appellate proceedings in the Fifth Circuit Court of Appeals and the United States Supreme Court.

Represented 100+ financial advisors in federal court litigation arising from an alleged Ponzi scheme and related appellate proceedings in the Fifth Circuit Court of Appeals and the United States Supreme Court.

Represented a corporation in shareholder litigation arising from an alleged antitrust scheme. Obtained complete dismissal of all claims.

Represented a corporate officer in class action and shareholder derivative litigation involving alleged accounting manipulations. Obtained complete dismissal of all class action claims.

Represented the officers and directors of a publicly-traded telecommunications company in federal securities litigation, related state court proceedings, and an appeal to the United States Court of Appeals for the Fifth Circuit. Obtained complete dismissal of all claims.

Represented numerous clients (including underwriters, auditors, public company issuers, and individual officers and directors) in various class actions and putative class actions asserting claims under the federal securities laws. Served as “panel counsel” for a leading insurance carrier on securities class actions and D&O claims.

State Court M&A, Shareholder Derivative, and Corporate Governance Litigation

Represented two senior officers of a bankrupt manufacturing company in a multimillion-dollar lawsuit brought by the Chapter 7 trustee asserting corporate governance claims against the company’s officers and directors.

Represented a publicly-traded technology company and its board of directors in a Delaware class action arising from a $560 million merger transaction.

Represented a publicly-traded waste management company and its board of directors in a nationwide shareholder class action arising from a $525 million merger transaction.

Represented a Texas corporation and its board of directors in shareholder derivative litigation arising from a merger transaction.

Represented a corporate officer in shareholder derivative litigation involving alleged antitrust violations. Obtained complete dismissal of all claims.

Represented a publicly-traded restaurant company and its board of directors in a nationwide shareholder class action arising from a $650 million merger transaction.

SEC and Other Regulatory Investigations

Represented various publicly-traded corporations in connection with SEC inquiries involving alleged insider trading, accounting irregularities, and other matters.

Represented corporate officers in various SEC investigations involving alleged accounting manipulations by publicly-traded technology, construction, and health care companies.

Represented multiple broker-dealer employees in SEC and FINRA investigations involving an alleged Ponzi scheme.

Represented a corporate officer in an SEC investigation and related federal court proceedings involving alleged accounting manipulations by a leading wholesaler in the food industry.

Represented a broker-dealer and its employees in SEC and FINRA investigations involving an alleged Ponzi scheme.

Represented an employee of a leading investment bank in an SEC investigation involving mortgage-backed securities.

Represented a corporate financial officer in connection with an investigation conducted by the Texas State Board of Public Accountancy. Obtained “no-action” letter from the TSBPA.

Broker-Dealer Litigation and Arbitration

Represented a national broker-dealer in multiple appellate proceedings involving federal arbitration law.

Represented a broker-dealer and its employees in state court litigation and a related arbitration proceeding involving an alleged Ponzi scheme.

Represented an investment bank in a multimillion-dollar arbitration proceeding involving collateralized mortgage obligations (CMOs).

Represented a leading investment bank in multiple arbitration proceedings involving high net worth investors.

Represented a national wireless telecommunications company in a $100 million AAA arbitration proceeding.

Represented numerous investment banks and broker-dealers in securities and commodities arbitration proceedings before FINRA, the New York Stock Exchange, the American Stock Exchange, the National Futures Association, and the National Association of Securities Dealers.

Other Info About Brad

Education

Law School

JD, Southern Methodist University Dedman School of Law, magna cum laude, 1990

Valedictorian, Law Review, Order of the Coif

Undergraduate School

BA, Baylor University, cum laude, 1987

Phi Beta Kappa, National Merit Scholar

Bar Memberships

Brad is licensed to practice in the following state(s):

Texas

Courts

Brad is admitted to practice before the following court(s):

US Supreme Court

US Court of Appeals for the Fifth Circuit

US District Court for the Northern District of Texas

US District Court for the Southern District of Texas

US District Court for the Western District of Texas

US District Court for the Eastern District of Texas

Recognition

Local & National Recognition

Securities Litigation: Defense (2016-2021), Litigation: Shareholder Litigation (2015), Legal 500 United States

Super Lawyer for Securities Litigation Law, Texas Monthly (2012-2021)

Texas “Top Rated Lawyers,” American Lawyer Media (2012-2021)

Named “Appellate Lawyer of the Week” by Texas Lawyer (July 2014)

Recognized in Law360 Weekly Verdict as a “Legal Lion” (September 5, 2013)

“Top Rated Lawyer” in Securities Law, American Lawyer and Corporate Counsel (2013)

Martindale-Hubbell® AV Preeminent® Rating

Professional Affiliations

Professional Affiliations & Memberships

American Bar Association; Litigation Section, Securities Litigation Committee

State Bar of Texas, Litigation Section

Dallas Bar Association, Securities Section

Civic Activities

Civic & Charitable Organizations

Texas Bar Foundation, Sustaining Life Fellow

Dallas Bar Foundation, Fellow

United Way of Dallas, Leadership Society Member

Major Publications

Brad is an author or contributor to the following publications:

Quote, “5th Circuit Again Backs $133M Stanford Ponzi Scheme Deals,” Law360, December 20, 2019

Author, “Securities Litigation in The Trump Era — Now What?,” Texas Lawyer, January 1, 2017

Author, “The Changing Landscape of Securities and M&A Litigation,” Inside the Minds: New Developments in Securities Litigation, Thomson Reuters, 2016

Mention, “5th Circuit Won’t Let Investors Pursue $80M Suit,” Law360, September 16, 2015

Interview, “Reversed and Remanded: The R. Allen Stanford Case – Five Years Later,” video, Texas Lawyer, September 19, 2014

Author, “Securities Law: Fraud on the Market,” Texas Lawyer, December 16, 2013

Quote,  “Cuban Case Has Parallels to Switzer’s 30 Years Ago,” Dallas Morning News, October 13, 2013

Mention, “Is a Receiver Bound to Arbitration Agreement if Suing on Behalf of Creditors?,” Texas Lawyer, September 16, 2013

Author, “Recent Developments in Securities and M&A Litigation,” Inside the Minds: New Developments in Securities Litigation, Thomson Reuters, 2013

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