Brian Stansbury is a litigation partner in Kirkland's Washington office.
Counsel for W.R. Grace & Co. in criminal prosecution arising out of former vermiculite mine in Libby, Montana. Charges included conspiracy to defraud the United States, "knowing endangerment" under the Clean Air Act, and obstruction of justice. The government alleged that Grace's environmental releases had sickened over 1,000 Libby residents. Brian was the attorney primarily responsible for preparing Grace's medical defenses and undermining the government's allegations of a widespread disease in the community. After a three-month trial, a jury acquitted Grace and its codefendants of all charges.
Counsel for W.R. Grace in bankruptcy proceeding involving the estimation of personal injury liability arising from alleged environmental and occupational exposure to asbestos. Brian was primarily responsible for developing Grace's scientific defenses to over 100,000 lawsuits. Two of the expert reports generated in this case under Brian's supervision were subsequently published in scientific peer-reviewed literature.
Represented Chemtura during its bankruptcy proceeding, which arose, inter alia, from billions of dollars of alleged environmental liabilities. Brian assisted Chemtura in seeking to discharge as unsecured claims Chemtura's obligations under environmental consent orders issued by state and federal environmental regulators. Chemtura was able to discharge the vast majority of its obligations and emerged from bankruptcy with equity in tact.
Represented Raytheon Company in class action case in Florida arising from alleged contamination of groundwater. Brian was primarily responsible for developing Raytheon's scientific defense to plaintiffs' allegations, including preparing Raytheon's hydrogeology, toxicology, and vapor intrusion experts and undermining the plaintiffs' related experts' allegations. The case resolved through a stipulated dismissal wherein the plaintiffs' conceded that they could not certify a class, the alleged contamination posed no threat to health, and that Raytheon's clean-up efforts went above and beyond what was required by Florida state law.
Advises non-U.S. company facing numerous personal injury lawsuits arising from alleged environmental exposures to toxic substances. Brian has assisted this client in developing its scientific defenses to these personal injury lawsuits.
Commercial Class Actions
Defended cable television provider against nation-wide class actions filed in Federal court in Illinois, Pennsylvania and Massachusetts alleging violations of the Sherman Antitrust Act. Obtained district court order compelling arbitration and staying the class action pending resolution of arbitration between individual class representative and the cable company.
Defended cable television provider in Maryland, Oregon, Florida, Alabama, Utah, Washington D.C., and Indiana against state-wide class action lawsuits involving the cable company's billing practices, including allegations of charging usurious late fees. Often obtained dismissal of such actions through evoking of arbitration clauses to compel arbitration between class representative and the cable company. Administered state-wide settlement in Maryland that included adversarial proceedings regarding plaintiffs' attorney's fees.
Defended vitamin supplement retailer against nation-wide class action filed in Illinois and Florida alleging violations of state consumer protection acts and deceptive trade practices act arising out of the retailer's pricing practices. Obtained favorable nation-wide settlement after motion to dismiss briefing.
Defended parcel tanking company against class-actions and attempted "class-wide" arbitration involving alleged violations of the Sherman Antitrust Act. Successfully evoked arbitration clauses between putative class representative and client company to compel arbitration and dismiss class actions.
Defended generic pharmaceutical manufacturer in antitrust MDL actions brought by direct purchasers, indirect purchasers, and state attorneys general involving alleged violations of the Sherman Antitrust Act. Represented same client in FTC proceeding and subsequent appeal involving alleged Sherman Act violations. Adverse ruling by the FTC was later reversed by the 11th Circuit Court of Appeals.
Represented class member in connection with an objection to class settlement in the In Re Visa Check/Mastermoney Antitrust Litigation.
Pro Bono Representations
Brian is the Chair of the Washington, D.C. Kirkland Immigration Network. Brian oversees all immigration pro bono work in the Washington, D.C. office and has personally represented numerous individuals in immigration proceedings, including the following:
Obtained asylum for Guatemalan journalist, who faced persecution on account of his criticisms of the ruling regime and his sexual orientation.
Obtained asylum for a woman from the Republic of Guinea, who was seeking to avoid female genital mutilation, forced marriage and forced conversion to Islam.
Obtained asylum for Ethiopian gentleman who had previously served as Vice-President of Ethiopia's Federal High Court and a Human Rights Advisor to the Ethiopian Prime Minister. This individual was pressured to decide pivotal political cases in favor of the Ethiopian government and told to turn a blind eye to numerous human rights violations. When he refused to do so, he became a target of the Ethiopian secret police and was accused of treason.
Brian represents the widow of Ken Saro-Wiwa. Mr. Saro-Wiwa was a Nigerian civil rights and environmental activist who was executed by the Nigerian government as a reprisal for protesting against widespread contamination of the Niger Delta.
Memberships & Affiliations
Member of the Board of Trustees, The School for Ethics and Global Leadership
Maryland State Bar Association
American Bar Association
Seminars"Using Themes and Analogies to Persuade the Fact Finder in Product Liability Cases," ABA, Tort Trial and Insurance Practice Section, April 2005.
White & Case LLP - Associate in Washington, D.C. and Miami, FL offices (9/02 - 12/04)
White & Case LLP - Summer Associate in NYC and Hong Kong offices (5/02-8/02)