Bryan Westhoff, Counsel in Kaye Scholer’s Chicago office, has substantial experience in a wide variety of complex domestic and international commercial law cases, arbitrations and government investigations, including matters involving M&A transactions (pre- and post-closing), securities law, antitrust, false advertising claims, intellectual property and other contract and fraud claims. Bryan has successfully argued before multiple federal and state courts, including the Ninth Circuit Court of Appeals. He has significant experience in expedited litigation and has prepared and argued numerous motions for preliminary injunction and temporary restraining orders.
Bryan’s recent major cases include:
- Representing a private equity company in litigation bringing fraud and breach of contract claims arising out of the purchase of a portfolio company
- Representing a proprietary educational institution in a false advertising investigation being conducted by the Federal Trade Commission (FTC)
- Representing Bosch Battery Systems North America bringing breach of contract claims against a Tier 2 supplier related to the sale of battery cells for electric cars in arbitrations proceedings before the American Arbitration Association (AAA) and the International Chamber of Commerce, International Court of Arbitration (ICC), and successfully securing an emergency court order requiring the Tier 2 supplier to continue supplying the battery cells while the parties resolve the dispute
- Representing an individual being investigated by the Securities and Exchange Commission (SEC) related to potential violations of the auditor independence rules
- Represented Artemis S.A. and its affiliates against fraud claims seeking damages in excess of $1 billion arising out of the rehabilitation of Executive Life Insurance Company
- Represented FinishLine Inc. in litigation brought by its investment bank related to the break-up of an announced $1.5 billion merger between FinishLine and Genesco
- Represented BP’s savings and pension plans in breach of fiduciary duties claims against their ERISA investment manager for losses resulting from securities lending
- Represented BP against indemnification claims brought by ConocoPhillips related to alleged environmental contamination at a gas processing plant and separation station
- Represented American Airlines in litigation against a GDS related to American’s announced termination of Orbitz’s ticketing authority
- Represented the court-appointed receiver of Wextrust Capital and its related companies after management was arrested for perpetrating a $255 million international Ponzi scheme
- Represented Eaton in litigation against an independent service provider in the UPS aftermarket to enforce Eaton’s intellectual property rights in proprietary service software and against antitrust counterclaims alleging attempted monopolization of the service aftermarket
- Represented an international steel manufacturer against a breach of contract claim related to the manufacturing of specialty steel used in heavy-duty, off-road dump trucks
During his final semester of law school at Washington University School of Law, Bryan worked full-time as an intern with the U.S. Department of Justice (DOJ), Civil Division, Appellate Staff in Washington, DC. While working at the DOJ, Bryan drafted appellate briefs for pending cases, drafted certiorari recommendations for the Office of the Solicitor General, and participated in mock oral arguments to prepare the DOJ attorneys for their hearings.
Bryan currently serves on the Board of Directors for Legal Prep Charter Academies, a legal themed charter public high school in the West Garfield Park neighborhood of Chicago.