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Brian Fagel is a principal in the firm's Litigation and Intellectual Property Groups. His experience includes general business litigation, and information technology and e-commerce law. Mr. Fagel's representative litigation experience includes: Co-First Chair representing big four wireless carrier in major dispute before International Trade Commission. Took and defended multiple depositions, and examined witnesses during 4-day remedy hearing. Drafted pre- and post-hearing briefs submitted to administrative law judge and to full Commission. Participated in two-day public hearing before full Commission, and assisted in drafting appellate briefs before Federal Circuit Court of Appeals.
Co-Lead Counsel defending big four wireless carrier in breach of contract litigation against advertising company before United States District Court. Took and defended several depositions and drafted summary judgment pleadings. Won summary judgment. Drafted appellate briefs in pending appeal before the Seventh Circuit Court of Appeals. Second Chair representing Fortune 500 wholesale distributor of business products in multi-million dollar breach of contract litigation against call-center company. Defended deposition, directed discovery, and examined chief direct witness during 3-day arbitration hearing. Prevailed on all claims, including claim for attorneys' fees and costs. Represented company and individual employees in dispute involving breach of a covenant-not-to-compete, breach of a confidentiality agreement, breach of fiduciary duty, tortious interference with contract, and violations of the Illinois Trade Secrets Act. Took and defended several depositions, prepared and argued several substantive motions, and drafted summary judgment pleadings. Won summary judgment and award of attorneys' fees and expenses as sanction against plaintiff and its attorneys. Drafted successful appellate brief; award was affirmed by the Illinois Appellate Court, and the Illinois Supreme Court denied petition for leave to appeal filed by plaintiff and its law firm. Represented mortgage company defending class action alleging unauthorized practice of law through the collection of document preparation fees at loan closings. Drafted briefs that resulted in ultimate dismissal of all claims by the Illinois Supreme Court. Work as national litigation counsel for big four registered agent service firm. Responsible for constant flow of matters that require retention of local counsel across the country, managing of litigation, settlement negotiations, interactions with company executives, and reporting to insurance carriers. Prior to joining Goldberg Kohn, Mr. Fagel worked as a researcher at a management consulting firm and as a publications attorney at an information technology law firm in Chicago. His writings on law and information technology have appeared in legal journals, newspapers, trade journals, and conference proceedings. Mr. Fagel is admitted to practice in Illinois, the U.S. District Court, Northern District of Illinois and the U.S. Court of Appeals for the Seventh Circuit. He is a member of the American and Chicago bar associations. Mr. Fagel received a Ph.D. in English Language and Literature from the University of Chicago in 2000, a master's degree in English Language and Literature from the University of Chicago in 1995, a J.D. from the University of Chicago Law School in 1994, and a B.A., with honors, from Stanford University in 1991.
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