Brett Rosenthal represents individuals and corporate clients in high-stakes disputes at every stage of litigation in state and federal courts and in arbitration. Brett has experience in a wide variety of commercial and tort litigation, particularly in the areas of class actions, consumer protection, civil conspiracy (RICO Act), relator-side whistleblower actions, unfair competition, and intellectual property, including patent, copyright, trade secret, and Lanham Act case. Brett achieves sterling results for his clients by finding the angles, evidence, and legal issues that others miss.
Some of Brett’s current or recent matters include:
- Obtained a major appellate win in the Federal Circuit that revives an intellectual property dispute brought by Brett’s client, patentholder WhereverTV, against Comcast Communications.
- Represented the founder of a payment processing company in a lawsuit alleging minority shareholder oppression, breaches of contract and fiduciary duty, fraud, and other unlawful acts against a private equity firm.
- Represented a medical practice in an arbitration asserting fiduciary and contract claims against a former director, which led to a complete victory after a multiday evidentiary hearing.
- Successfully represented a large software company in a one-week arbitration regarding an alleged $27 million earnout related to a corporate acquisition.
- Won a $12-plus million final judgment after a jury trial in Dallas County for a real estate developer who brought fraud, usury, breach of fiduciary duty, promissory estoppel, and wrongful foreclosure claims against a hard-money lender. TopVerdict named this result on of its 2024 Top 50 Jury Verdicts in Texas.
A significant portion of Brett’s practice involves representing whistleblowers (relators) in actions involving the federal and state False Claims Acts and other statutes such as the Sarbanes-Oxley Act, particularly against defendants in the healthcare, military procurement, and public housing sectors. He currently represents dozens of whistleblowers in both sealed and unsealed cases in federal courts throughout the country.
Brett’s recent wins for whistleblowers include:
- Obtained a $100 million settlement two weeks before trial against an in-house pharmacy services provider.
- Settled a case on the eve of trial on behalf of three whistleblowers who alleged Sarbanes-Oxley Act violations against an Italian communications firm in connection with its going-public SPAC transaction
- Obtained a $38.5 million settlement in a case against a mortgage company that allegedly defrauded a federal housing program
- Reached a $3.5 million settlement with a Buffalo, New York hospital network in a lawsuit that alleged Stark Law violations.
Before joining Reese Marketos, Brett worked as a litigation associate at Susman Godfrey and Gibson Dunn. Prior to entering private practice, Brett served as a law clerk to the Honorable Diane P. Wood, Chief Judge of the U.S. Court of Appeals for the Seventh Circuit.
Brett obtained his juris doctor degree with high honors from the University of Texas School of Law. He was honored as the Clerk of the Chancellors for having the third-highest GPA out of over 400 students in his class. During law school, Brett served on the Texas Law Review and represented UT Law at the Willem C. Vis International Arbitration Moot in Vienna, Austria.
Before law school, Brett worked in Chicago, Iowa, and Texas, among other places, as one of the first paid staffers on Barack Obama’s presidential campaign in 2007 and 2008. During the first term of the Obama administration, Brett served as the personal assistant to U.S. Trade Representative Ron Kirk, the president’s lead trade negotiator and enforcer.
Brett obtained his undergraduate degree from Yale University, where he majored in political science and lettered all four years as a pitcher on the varsity baseball team. During his college baseball career, Brett set the Ivy League records for saves in a single season and career as the team’s closer. For high school, Brett attended the Greenhill School in Dallas.
The greatest joys of Brett’s life are his wife, Emilija, and their daughters Sasha, Naomi, and Danica.