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Associate
Litigation & Intellectual Property Practice
Atlanta
(404) 888-4262 Phone
(404) 888-4190 Fax
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Practice covers a wide range of litigation, response to regulatory inquiry, and internal liability assessment. Practice focuses predominantly upon issues related to mortgage lending, insurance, and other topics related to financial services.
Relevant Experience 
- Frequently represents mortgage lenders, servicers, and related entities in connection with a variety of individual and class action consumer litigation, and in connection federal and state regulator inquiries. Cases typically involve alleged violations of federal statutes such as TILA, RESPA, FDCPA, FCRA, alleged violations of various state statutes regulating mortgage lenders and brokers, state law wrongful foreclosure claims, and common law tort claims.
- Represents a national homebuilder in connection with various civil litigation and regulatory inquiries related to mortgage lending practices.
- Represents a finance leasing company in connection with certain multidistrict class action litigation filed by lessees.
- Represented former officers and directors of an insurance company in connection with litigation brought by state insurance commissioner after liquidation of the company.
- Represented a major utility company in a complex insurance coverage dispute with its D&O carriers. Frequently advises other clients on insurance-coverage--related matters.
- Assisted in the representation of a national insurance broker in response to a host of regulatory investigations and in a related multi-district class action litigation asserting a variety of state and federal law violations, RICO and conspiracy liability in connection with broker compensation issues.
- Conducted internal review and advised a major insurer in response to increasing regulatory concern over broker commission arrangements and anticipated legislative action.
- Assisted in representation of a major insurance and financial services company in a case involving individual and class claims arising from the alleged misconduct of an independent insurance agent.
- Also frequently represents and advises non-financial-services clients in connection with a variety of litigation, internal investigations, contract disputes, subpoena responses, regulatory inquiries, and internal exposure assessments.
- Represented international software development company in complex, fast-tracked litigation involving breach of contract claims and allegations of trade secret misappropriation.
- Represented oil pipeline companies in connection with a state court nuisance actions.
- Represented an environmental testing company in litigation brought by the United States government under the False Claims Act.
- Assisted in the representation of a major food production and packaging company in litigation involving trade secret, trademark, tortious interference with contract and related claims.
Background
- Summer Associate, Dechert, Washington, D.C., 2001
- Law Clerk, Justice Mark Martin, North Carolina Supreme Court, 2002-2003
Membership
- State Bar of Georgia
- Atlanta Bar Association
- North Carolina State Bar
- North Carolina Bar Association
Education - J.D., University of North Carolina School of Law, with honors, Senior Staff, North Carolina Journal of International Law and Commercial Regulation, 2002
- B.A., University of North Carolina at Chapel Hill, Education, 1997
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Bryan Powell
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