Brian S. Cousin

Location: New York - NY

  • 1221 Avenue of the Americas
    New York, New York 10020-1089
  • Tel : 212-398-5776
  • Fax : 212 768 6800

Brian S. Cousin is the chairman of Dentons Employment and Labor practice, with more than 450 lawyers, as well as the leader of the Firm’s US ERISA and Benefits Litigation practice, and a member of the Firm’s Commercial Litigation group. He focuses on employment litigation and counseling, ERISA and benefits litigation, commercial and financial litigation, executive contract negotiations, and international arbitration.

Brian has extensive experience in class action and complex commercial litigation, employment litigation, close corporation and partnership disputes, real estate litigation and workouts, and arbitration matters throughout the country. His cases frequently involve such claims as theft of trade secrets, fraud, breach of contract and fiduciary duty, defamation, violation of noncompetition agreements and other restrictive covenants, unfair competition, discrimination and retaliation, and securities law violations, as well as violations of ERISA, the Fair and Accurate Credit Transactions Act (FACTA), whistleblower provisions of the Sarbanes-Oxley and Dodd-Frank Acts, civil Racketeer Influenced and Corrupt Organization (RICO) Act statutes, and the Computer Fraud and Abuse Act.

Brian advises US and multinational companies and executives on all aspects of employment, labor, and corporate compliance, including drafting and negotiating employment and separation agreements, corporate restructurings and reductions in force, corporate transactions, internal corporate investigations, handbooks and policy manuals, sexual harassment and other sensitivity training, protecting against employee raiding and theft of trade secrets and other confidential information, and compliance with all federal, state, and local discrimination laws. Brian has successfully litigated just about every type of employment-related case possible, including cases involving claims under Title VII and Title IX, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Fair Credit Reporting Act, the Family Medical Leave Act and state leave laws, the Inevitable Disclosure Doctrine, state discrimination and retaliation statutes, the Fair Labor Standards Act and state wage and hour laws.

Brian is also an experienced ERISA and benefits litigator, having successfully handled numerous class action and single plaintiff cases over the last 30 years. Brian’s ERISA litigation experience includes class action and Department of Labor cases involving claims for breaches of fiduciary duty related to excessive fees and precipitous stock drops, as well as many cases in the health care industry. Brian has also represented a number of ERISA plan fiduciaries and trustees in connection with ERISA- and benefits-related investigations conducted by the US Department of Labor.

Brian has extensive experience advising both corporations and executives with respect to rights of indemnification and advancement of legal fees and costs.

With respect to alternative dispute resolution, Brian regularly represents clients in arbitrations before the American Arbitration Association (AAA), JAMS, and FINRA, and in mediations before the AAA, JAMS, the US Equal Employment Opportunity Commission, and the courts.


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