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Brian E. Pumphrey Partner

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Richmond T +1 804 775 7745 F fax +1 804 698 2018
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As co-Team Leader of the Fiduciary Litigation Team, Brian is a versatile and experienced litigator with a particular focus on fiduciary litigation, corporate and securities litigation, D&O and derivative litigation, and consumer financial services litigation. He collaborates with his clients to proactively develop strategies to protect their business and brand. Brian’s litigation portfolio includes matters involving breach of contract, breach of fiduciary duty, fraud, and other business disputes, securities litigation, corporate governance and shareholder class and derivative actions.

Brian’s fiduciary litigation experience is nationwide in scope. As both a litigator and a counselor, Brian represents large financial institutions that serve as corporate trustees as well as high net worth individuals. Brian’s fiduciary litigation experience runs the gamut from ordinary breach of fiduciary duty cases and to complex investment management claims. He also counsels trustees on risk avoidance, and regularly assists trustees in resolving disputes with trust beneficiaries, co-trustees and other parties before the disputes blossom into costly litigation.

Brian’s securities class action experience is equally broad. He has experience in litigating class actions under the Securities Act of 1933 and the Securities Exchange Act of 1934. Recently, he served as lead defense counsel in one of the largest securities class actions in the history of the Fourth Circuit.

Brian’s financial services practice focuses on lawsuits filed by consumers against national banks, especially mortgage and foreclosure process litigation. He has served as lead defense counsel in dozens of consumer class actions all across the country in state and federal courts, while at the same time handling countless individual consumer financial matters, including actions under the Fair Debt Collections Practices Act, the Fair Credit Reporting Act, the Real Estate Settlement Procedures Act, state and federal RICO and countless others.

In addition to handling financial services, securities and fiduciary litigation matters, Brian maintains a broad-based commercial practice, regularly handling healthcare litigation, business tort and trade secret litigation, and residential and commercial landlord-tenant litigation.

Brian serves on the Board of the Maymont Foundation.

While attending the University of Richmond School of Law, Brian was a member of the McNeill Law Honor Society.

Experience

  • Obtained permission to appeal under the Class Action Fairness Act and reversal of a decision remanding claims against a buyer for aiding and abetting alleged breaches of fiduciary duty by the seller in a corporate merger.
  • Achieved favorable settlement for our client, a publicly traded utility holding company and certain of its former directors in nationwide class action under Section 10(b) of the Securities Exchange Act alleging false and misleading statements and omissions in connection with the construction of nuclear power plant.
  • Representation of a U.S. National Bank in connection with urgent and significant bankruptcy and foreclosure litigation across the country involving the client’s role as servicer for consumer mortgage loans.
  • Serves as national class action counsel for one of the largest financial institutions in the world in mortgage and foreclosure process cases.
  • Represents a national bank in varied trust and fiduciary matters in litigation with high net worth individuals and trust beneficiaries.
  • Represented manufacturer of fire and security, healthcare and electronics products in multi-district securities and ERISA class action.
  • Effectively litigated affirmative action against a publicly-traded company’s former lead director for breach of fiduciary duty, resulting in multimillion-dollar judgment.
  • Represented international accounting firm in multibillion dollar negligence action concerning alleged improper opinions on complex hedging and amortization policies.
  • Effectively represented national health insurance company in issue of first impression litigation over interpretation of Medicaid statute concerning payments for emergency services.
  • Represents local public housing authority in both a counseling and litigation capacities concerning landlord-tenant and regulatory matters.
  • Effectively represented excess and surplus lines insurer in a “bet the company” trade secret and computer crimes litigation.
  • Represented private college in trust litigation relating to potential sale of multimillion dollar American art collection.

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