Brandan Montminy

Brandan Montminy is dedicated to providing responsive and practical counsel to clients in a wide array of litigation matters as well as in privacy, data protection, cybersecurity compliance, and incident preparedness and response. Brandan represents clients across multiple industries, including pharmaceuticals, health care, banking and finance, construction, health care, insurance, professional services, real estate and technology.

Litigation

Brandan’s litigation experience ranges from representing Fortune 500 companies in bet-the-business litigation to coordinating responses to non-party subpoenas for local businesses. Whether a matter calls for a principled defense at trial or amicable pre-suit resolution, Brandan works to obtain efficient and effective resolutions given the client's business goals.

Brandan’s experience includes:

• National counsel for distributor in In re National Prescription Opiate Litigation, 17-md-2804, and parallel state and federal actions across the country
• Creditor-side bankruptcy representation in various matters pertaining to pharmaceutical companies and corporate dissolutions
• Representation of Big 4 accounting firm in various litigation and discovery matters, including professional malpractice allegations
• Secured defense verdict following month-long jury trial concerning claims of equity entitlement in excess of $30 million made by investor pursuant to attempted exercise of convertible promissory note
• Representation of national companies in contractual disputes concerning commercial and real estate matters
• Proposed and implemented a state-wide initiative and litigation plan to curtail frivolous garnishments against a national bank and defended numerous suits bringing allegations of improper garnishment procedures in furtherance of same
• Numerous representations of limited and general partners in disputes arising from partnership rights and obligations in a variety of contexts
• Obtained dismissal of component manufacturer against catastrophic injury and wrongful death claims following explosion at oil rig

Cybersecurity, Data Privacy & Breach Response

Whether advising clients prophylactically regarding the design and implementation of privacy, data protection and vendor policies and contracts, or reactively by directing forensic investigation, analysis or litigation stemming from potential data breaches, Brandan leverages the Firm's resources and relationships with vendors in consulting, forensics, public relations and consumer services to provide clients seamless solutions.

Brandan's representative experience includes:

• Assisted multiple clients at begin or advance privacy and cybersecurity programs at various stages of maturity, including assisting with drafting and revising Written Information Security Policies and Written Incident Response Plans
• Provided representation and legal guidance to mitigate risks of privacy and cybersecurity aspects of transactions, including suggestions to public-facing and internal privacy notices and website terms and conditions
• Coordinated strategy and response following significant and international data incidents, including directing teams on consumer, contractual and regulatory notifications