Brendan Collins
Brendan Collins is Vice President of Administration of GKG Law, P.C. He concentrates his practice in the areas of commercial litigation, contract negotiation and drafting, transportation law, bankruptcy, communications law and association law.
Brendan has substantial complex litigation experience in federal and state courts and before numerous regulatory bodies, including the Federal Maritime Commission and the Surface Transportation Board. He has extensive experience in negotiating and drafting transportation-related contracts for shippers and transportation intermediaries, including service contracts and terms and conditions of service. He also represents parties subject to preference actions and other claims in federal bankruptcy proceedings, in defense of various governmental investigations and enforcement actions and in the protection of clients’ intellectual property rights. Brendan also provides counsel to the firm’s trade and professional associations in regard to employment, commercial and regulatory matters.
Education
- Boston University (B.A., magna cum laude, 1980)
- The George Washington University National Law Center (Juris Doctor, Order of the Coif, 1986)
Bar Admissions
- District of Columbia
- Maryland
- New York
Representative Experience
- Negotiated and drafted terms and conditions for numerous international Non-Vessel Operating Common Carriers (NVOCCs) and Freight Forwarders
- Drafted service contracts and terms and conditions of service for U.S.-based publicly traded manufacturer of athletic apparel and equipment
- Defended counterfeiting action for NVOCC importing footwear
- Negotiated a favorable settlement on behalf of plaintiff who had been the victim of a complex online bank fraud scheme
- Earned dismissal of a multimillion dollar lawsuit for an aircraft seller after back-to-back sales of two Gulfstream jets. After completion of the aircraft sales, the purchaser filed a suit alleging fraud, breach of contract and breach of fiduciary duty. The United States District Court for the Southern District of New York dismissed the purchaser’s lawsuit based on GKG Law’s motion.
- Earned major victory for NVOCCs in the United States Court of Appeals for the Third Circuit, in a ruling that reinforces NVOCC maritime lien rights and the benefit to carriers of utilizing expansive lien language in tariffs, bills of lading and credit agreements with shippers. The court held that contracts extending a NVOCC’s common law maritime liens are enforceable as written. (World Imports, Ltd. v. OEC Group New York)
- Prevailed on summary judgment in the United States District Court for the Southern District of New York against The Containership Company (TCC) in a case involving claims in excess of $8 million. TCC alleged breach of pre-petition service contracts and sought liquidated damages plus interest and attorneys’ fees. As a result of the district court’s decision, GKG Law’s clients were not held liable for the damages alleged by TCC.
- Earned dismissal of costly demurrage claims by Mediterranean Shipping Company (MSC) in an instance where the NVOCC was identified on some of the bills of lading at issue as agent for the shipper. GKG Law earned this dismissal on the grounds that one who acts in the capacity as an agent for disclosed principal is not liable for claims arising out of a contract executed by the agent on behalf of its principal. (Mediterranean Shipping Company v. American Cargo Shipping Lines, Inc.)
Professional Background
- Arnold & Porter (1986 - 1992) - Extensive civil litigation experience in the area of product liability defense, representing numerous pharaceutical manufacturers. Representation of American Red Cross in blood transfusion AIDS cases nationally. Experience in the field of intellectual property.
- U.S. Department of Justice - Commercial Litigation Branch (1992 - 2005) - Trial lawyer concentrating in bankruptcy and interstate commerce. Extensive trial and appellate court experience. Representation of United States in high-profile airline bankruptcy cases in which government recovery exceeded $1 billion. Represented United States in challenges to constitutionality of Interstate Commerce Act. Recipient of Special Commendations for superb representation of federal agencies.
Honors and Publications
- Named to the 2020 Washington, DC Super Lawyers list for Business Litigation
- Boston University (B.A., magna cum laude, 1980)
- The George Washington University National Law Center (Juris Doctor, Order of the Coif, 1986)
- District of Columbia
- Maryland
- New York
- Arnold & Porter (1986 - 1992) - Extensive civil litigation experience in the area of product liability defense, representing numerous pharaceutical manufacturers. Representation of American Red Cross in blood transfusion AIDS cases nationally. Experience in the field of intellectual property.
- U.S. Department of Justice - Commercial Litigation Branch (1992 - 2005) - Trial lawyer concentrating in bankruptcy and interstate commerce. Extensive trial and appellate court experience. Representation of United States in high-profile airline bankruptcy cases in which government recovery exceeded $1 billion. Represented United States in challenges to constitutionality of Interstate Commerce Act. Recipient of Special Commendations for superb representation of federal agencies.
- Named to the 2020 Washington, DC Super Lawyers list for Business Litigation
- Charterers Beware: Supreme Court Affirms Strict Liability Standard
- COVID-19: Are Your Credit Terms in Line With the Times?
- COVID-19: Are You Ready for Force Majeure Declarations?
- Can Force Majeure Protect You from Claims Arising from Coronavirus Disruptions?
- Exercising Lien Rights
- Key Tips to Carefully Reviewing Contractor-Subcontractor Agreements
- Litigating Cases Involving Hackers Accessing Online Banking Accounts
- Risks to Private Aircraft Owners Posed by Service Providers
- D.C. Government Challenges to Qualified High Technology Company Exemptions from Franchise Taxes
- GKG Law Wins Major Victory for NVOCCS - Third Circuit Holds Contractual Maritime Liens Are Enforceable
- Defending Demurrage Claims - Does the Carrier's Tariff Contain the Proper Surcharge Provisions
- Defending Preference Actions in Bankruptcy
- Defending Demurrage Claims
- Court Dismisses Demurrage Claim Against NVOCC Identified as Agent on Bill of Lading
- Protecting an Association's Confidential Information from FOIA Requests
- Protecting an Association's Trademarks
- Potential Traps for Employers in Conducting Background Screening
- Protecting Your Association from Employment Discrimination Actions
- U.S. Supreme Court Sustains Enforceability of Arbitration Provisions Forbidding Classwide Arbitration
- Protecting Attorney Client Privilege when the Threat of Litigation Arises
- GKG Law Wins Circuit Court Decision Affirming Summary Judgment in In re Containership Co.
- GKG Law Wins Multimillion-Dollar Judgment in Breach of Aircraft Lease
- Six GKG Law Attorneys Recognized by Super Lawyers
- GKG Law Wins District Court Decision Affirming Summary Judgment in In re Containership Co.
- GKG Law Submits Amicus Brief to the Supreme Court Following Granting of Certiorari in CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd.
- GKG Law Achieves Successful Result in Construction Litigation Arbitration
- U.S. Supreme Court Grants Petition for Certiorari in Oil Spill Case in which GKG Law Filed Amicus Brief Requesting Certiorari Be Granted
- GKG Law's Brendan Collins Quoted in Bloomberg's "Businesses Target Scalia Opinion in Supreme Court Regulatory Fight"
- GKG Law Submits Amicus Brief to the Supreme Court Addressing Third Circuit Decision in Frescati v. CARCO
- GKG Law Successful in Vacating Aircraft Liens
- GKG Law Achieves Successful Result in Litigation Involving Amended Bills of Lading
- GKG Law Wins Federal Maritime Commission Decision Affirming Shipping Act Violations and Award of Damages
- Challenging 301 Tariffs in Court to Recover List 3 and 4A Duties
- COVID-19 Disruptions – Can Business Insurance Cover Losses?
- Do Your Credit Terms Account for Coronavirus Driven Disruptions?
- STB Decision to Discontinue its Review of HDF Index Fuel Surcharges Increases the Urgency to Reform the Agency’s Rate Reasonableness Rules
- Class Certification Denied in Rail Freight Surcharge Antitrust Litigation: Individual Claim Filing Deadline Set for September 30, 2019