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.
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.
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.
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.
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.
JD, Southern Methodist University Dedman School of Law, magna cum laude, 1990
Valedictorian, Law Review, Order of the Coif
BA, Baylor University, cum laude, 1987
Phi Beta Kappa, National Merit Scholar
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
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
American Bar Association; Litigation Section, Securities Litigation Committee
State Bar of Texas, Litigation Section
Dallas Bar Association, Securities Section
Texas Bar Foundation, Sustaining Life Fellow
Dallas Bar Foundation, Fellow
United Way of Dallas, Leadership Society Member
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
September 24, 2021