Bradley W. Foster
Brad Foster represents clients in securities litigation and other complex business disputes. His experience includes securities class actions, mergers and acquisitions (M&A) litigation, SEC and FINRA investigations and enforcement proceedings, shareholder derivative litigation, corporate governance disputes, securities arbitration proceedings, accounting malpractice claims and regulatory investigations, and general business litigation. He also has substantial federal and state appellate experience in securities cases.
Mr. Foster 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 J.D. from Southern Methodist University, where he was Valedictorian of the Class of 1990. Mr. Foster also is a Certified Public Accountant.
- Represented an insurance industry client in a multi-billion dollar securities class action, a separate multi-billion dollar receivership claim, numerous related lawsuits filed in both 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. See Chadbourne & Parke LLP, et al. v. Troice, 134 S. Ct. 1058 (2014); Rishmague v. Winter, 616 Fed. Appx. 138 (5th Cir. 2015).
- Represented a publicly-traded technology company and its board of directors in a Delaware class action arising from a $560 million merger transaction. In re Mavenir Systems, Inc. Stockholders Lit. (Del. 2015).
- Represented two senior officers of a bankrupt manufacturing company in a multimillion-dollar lawsuit brought by the company's Chapter 7 trustee. Reed v. McCarten, et al. (Tex. 2016).
- Represented 100+ financial advisors in federal court litigation arising from an alleged Ponzi scheme and in related appellate proceedings at the Fifth Circuit Court of Appeals and the United States Supreme Court. See Janvey v. Alguire, 539 Fed. Appx. 478 (5th Cir. 2013), cert. denied, 134 S. Ct. 2871 (2014).
- 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. In re WCA Waste Corp. Shareholder Lit. (Tex. 2012).
- Represented a corporate officer in class action and shareholder derivative litigation involving alleged accounting manipulations. Obtained complete dismissal of all class action claims. See In re ArthroCare Corp. Sec. Lit., 726 F. Supp. 2d 696 (W.D. Tex. 2010).
- 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. See R2 Investments v. Phillips, 401 F.3d 648 (5th Cir. 2005); NYC 999, LLC v. Phillips, 2006 WL 3334053 (Tex. App.—Fort Worth, 2006).
- Represented a Texas corporation and its board of directors in shareholder derivative litigation arising from a merger transaction. In re Silverleaf Resorts, Inc. Derivative Lit. (Tex. 2011).
- Represented a corporation in shareholder derivative litigation involving an alleged antitrust scheme. Obtained complete dismissal of all claims. See Livermore v. Engels, 2011 WL 291334 (N.D. Tex. 2011).
- Represented a corporate officer in shareholder derivative litigation involving alleged antitrust violations. Obtained complete dismissal of all claims. See In re Brick, 351 S.W.3d 601 (Tex. App.—Dallas 2011, orig. proceeding).
- Represented a publicly-traded restaurant company and its board of directors in a nationwide shareholder class action arising from a $650 million merger transaction. In re Lone Star Steakhouse & Saloon, Inc. Shareholder Lit. (Kan. 2008).
- Represented a national broker-dealer in multiple appellate proceedings involving federal arbitration law. See Shearson Lehman Bros., Inc. v. Kilgore, 871 S.W.2d 925, Fed. Sec. L. Rep. P ¶ 98,192 (Tex.App.—Corpus Christi Feb 28, 1994); Kramer v. Smith Barney, Inc., 80 F.3d 1080 (5th Cir. 1996); In re Johnston, 2000 WL 4146 (Tex.App.—Dallas 2000, orig. proceeding).
- Represented various publicly-traded corporations in connection with SEC inquiries involving alleged insider trading and accounting irregularities.
- 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 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 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 leading investment bank in several multimillion-dollar NASD arbitration proceedings.
- Represented a broker-dealer and its employees in state court litigation and a related arbitration proceeding involving an alleged Ponzi scheme.
- Represented a national wireless telecommunications company in a $100 million AAA arbitration proceeding.
- 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.
- Represented investment banks and brokerage firms in securities fraud suits filed in both state and federal court, and in numerous securities and commodities arbitration proceedings before FINRA, the New York Stock Exchange, and the National Association of Securities Dealers.
- "Securities Litigation in The Trump Era — Now What?" Texas Lawyer (January 1, 2017)
- "The Changing Landscape of Securities and M&A Litigation," (pdf) Inside the Minds: New Developments in Securities Litigation—Leading Lawyers on Adapting to Trends in Securities Litigation and Regulatory Enforcement (2016)
- “Securities Law: Fraud on the Market,” (pdf) Texas Lawyer (December 16, 2013)
- "Recent Developments in Securities and M&A Litigation," (pdf) Inside the Minds: New Developments in Securities Litigation—Leading Lawyers on Adapting to Trends in Securities Litigation and Regulatory Enforcement (2013)
- U.S. Supreme Court Issues Two Important Securities-Law Opinions (March 12, 2013)
- U.S. Supreme Court Grants Certiorari to Address Federal Preemption of State-Law Securities Claims (February 6, 2013)
- Second Circuit Expands the Scope of SEC Aiding and Abetting Claims (August 14, 2012)
- Supreme Court to Address Fraud-on-the-Market Presumption in Federal Securities Class Actions (June 26, 2012)
- U.S. Supreme Court Limits Scope of Primary Liability Under Federal Securities Laws (June 16, 2011)
- Supreme Court Unanimously Rejects Fifth Circuit’s Loss Causation Standard (June 9, 2011)
- Federal District Court Says "No" to Forum Selection Bylaws (March 23, 2011)
- U.S. Supreme Court to Review Fifth Circuit's Controversial Loss Causation Rules for Securities Class Actions (pdf) Compliance Week (March 3, 2011)
- "The Dodd-Frank Earthquake" (pdf) Texas Lawyer (December 20, 2010)
- Securities Litigation E-Alert: The SEC, Insider Trading, and Dallas Sports (November 25, 2008)
- Securities Litigation E-Alert: The Fifth Circuit and Loss Causation (September 26, 2008)
In The News
- Recognized in "5th Circuit Won't Let Investors Pursue $80M Suit," Law360 (September 16, 2015)
- Featured in Texas Lawyer’s “Reversed and Remanded” video series, in an interview entitled “The R. Allen Stanford Case – Five Years Later” (September 19, 2014)
- Featured in “Preservation of Arbitration Ruling: A Big Win,” Texas Lawyer (July 7, 2014)
- Quoted in “High Court Rejects Appeal On Stanford Receiver's Powers,” Law360 (June 30, 2014)
- Quoted in "Clawbacks Sought from 329 Brokers," Financial Advisor Magazine (April 7, 2014)
- Quoted in "Court Officers in Stanford, Madoff Cases Ask Supremes for Standing to Sue on Behalf of Creditors," Texas Lawyer (February 10, 2014)
- Quoted in “Mark Cuban Cleared of All Insider Trading Charges: The Full Story,” Texas Lawbook (October 16, 2013)
- Quoted in "Cuban Case Has Parallels to Switzer's 30 Years Ago," Dallas Morning News (October 13, 2013)
- Featured in "Is a Receiver Bound to Arbitration Agreement if Suing on Behalf of Creditors?," Texas Lawyer (September 16, 2013)
- Quoted in "Fifth Circuit Revives Ex-Stanford Employees' Arbitration Bid," Law360 (September 3, 2013)
- Quoted in “Stanford Employees Ask 5th Circ. To Force Arbitration,” Law360 (September 29, 2011)
- Recognized in "Dean Execs Defeat Shareholder Suit Over Milk Monopoly," Law360 (January 28, 2011)
- Nationally recognized by The US Legal 500 in Securities/Shareholder Litigation (2015-2016)
- Texas Super Lawyer in Securities Litigation, Texas Monthly (2012-2016)
- Listed by American Lawyer Media as one of "Texas' Top Rated" Lawyers (2012-2016)
- Named “Appellate Lawyer of the Week” by Texas Lawyer (July 2014)
- Recognized in Law360's Weekly Verdict as a "Legal Lion" following his Fifth Circuit victory in Janvey v. Alguire (2013)
- “Top Rated Lawyer” in Securities Law, American Lawyer and Corporate Counsel (2013)
- Martindale-Hubbell AV Preeminent Rating
- Securities and Shareholder Litigation
- Class Action Litigation
- White Collar and Regulatory Enforcement
- Litigation and Dispute Resolution
- Commercial Litigation
- JD, 1990, magna cum laude, Southern Methodist University Dedman School of Law, Valedictorian, Law Review, Order of the Coif
- BA, 1987, cum laude, Baylor University, Phi Beta Kappa, National Merit Scholar
- Texas 1990
- US District Courts for the Northern, Southern, Eastern and Western Districts of Texas
- US District Court for the District of Colorado
- US Court of Appeals for the Fifth Circuit
- US Supreme Court
- Sustaining Life Fellow, Texas Bar Foundation
- Fellow, Dallas Bar Foundation
- United Way of Dallas, Leadership Society
- American Bar Association (Litigation Section, Securities Litigation Committee)
- State Bar of Texas (Litigation Section)
- Dallas Bar Association (Securities Section)
- Brad 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 (given to candidates who earn one of the top 100 overall scores in the nation).
- 9/6/201639 Andrews Kurth Lawyers Named in Texas Super Lawyers 2016
- 6/20/2016The 2016 Legal 500 Guide Ranks Andrews Kurth in 14 Practice Areas
- 9/8/201537 Andrews Kurth Lawyers Named in Texas Super Lawyers 2015
- 6/4/2015The 2015 Legal 500 Guide Ranks Andrews Kurth in 14 Practice Areas
- 9/5/201438 Andrews Kurth Lawyers Named in Texas Super Lawyers 2014