- Defended a former mortgage bond trader at a major investment bank in highly publicized securities fraud cases brought by the DOJ and SEC. Secured complete acquittal on all criminal charges following a seven-week jury trial in the District of Connecticut. Prevailed in a parallel civil securities fraud case brought by the SEC in the Southern District of New York by persuading the SEC, following extensive discovery, to voluntarily dismiss all claims against our client with prejudice.
- Defended a leading digital media and financial education company, and its founder and CEO, in litigation brought in the Southern District of Florida alleging theft of trade secrets related to its electronic stock screening platform. After extensive discovery, the case settled on highly favorable terms.
- Defended the former CEO of a national bank in a putative class action alleging violations of the federal securities laws. Following a briefing on a motion to dismiss, the case settled on highly favorable terms.
- Defended a major U.S. investment bank in transaction-related litigation in the Commercial Division of the New York State Supreme Court alleging tortious interference with contract and unjust enrichment. Our motion to dismiss was granted in its entirety.
- Defended a publicly traded biopharmaceutical company and its board of directors in M&A/proxy litigation brought in Nevada state court. Following expedited discovery and a multiday preliminary injunction hearing, the court denied the shareholder plaintiff’s motion for preliminary injunction, permitting our client to close the transaction.
- Defended a digital media company in civil litigation brought in the Southern District of New York alleging defamation and violation of the federal RICO statute. Following briefing on the motion to dismiss, the plaintiff agreed to a nuisance-value settlement.
- Defended a major U.S. broker-dealer and its affiliates in multidistrict litigation resulting from a failed leveraged buyout. All claims against our client were dismissed, and the dismissal was affirmed on appeal.
- Representing one of the nation’s largest financial services firms in multiple litigations stemming from the bank’s debt and equity investment in an upstate New York senior-housing development.
- Represented a group of investment funds in litigation brought in the Southern District of New York against an Asian sovereign wealth fund, asserting violations of the federal securities laws in connection with a debt offering. Argued and won in the Second Circuit in a case of first impression applying the Foreign Sovereign Immunities Act to securities fraud claims.
- Defended a leading U.S. broker-dealer in a federal class action arising out of an offering of approximately $700 million of RMBS mortgage pass-through certificates. The matter settled on terms favorable to the client.
- Represented a major U.S. broker-dealer in a series of FINRA arbitration proceedings arising out of the sale of auction rate securities and the subsequent collapse of the auction rate securities market. These arbitrations resulted in three outright victories for the client, resulting in denial of claims seeking aggregate damages exceeding $250 million.
Partner,
- Phone: +1 212 210 9547
- Email: brett.jaffe@alston.com
A creative and pragmatic litigator, Brett brings to his clients deep experience in federal and state courts throughout the United States. Brett is a trusted counselor and trial lawyer, who works closely with companies in diverse industries to obtain great results in civil litigation and pre-litigation disputes, as well as white collar criminal investigations and regulatory enforcement proceedings.
- Represented a major U.S. airline in litigation brought in the Eastern District of Virginia against one of the world’s largest hospitality companies, seeking expedited injunctive relief stemming from the breach of a joint marketing agreement between the parties.
- Defended a Philadelphia-based investment advisory firm in litigation in the Eastern District of New York alleging breach of fiduciary duty and violations of ERISA.
- Represented a major Houston-based oil and gas production and marketing company in litigation in the Southern District of New York alleging breach of contract, fraud, and conversion in a series of complex oil and gas financing transactions. Obtained complete dismissal of the litigation in the district court and argued the appeal in the Second Circuit, affirming the dismissal.
- Represented a major Texas-based hedge fund in complex civil litigation brought in the Commercial Division of the New York State Supreme Court relating to the client’s participation in a lending syndicate under a credit facility and the borrower’s (a major television station owner) alleged violation of various financial covenants in the operative credit agreement.
- Represented a major U.S. airline in litigation in the Southern District of New York and the Western District of North Carolina related to contract disputes arising out of the airline’s lease of several Boeing 737 commercial aircraft.
- Represented a major media company and a number of its senior officers and directors in all civil litigation, including various shareholder class actions and derivative cases, arising out of the media company’s sale of a biopharma company’s stock.
- Represented the president of a Dallas-based natural gas trading firm in a joint investigation by the CFTC and Manhattan District Attorney’s Office alleging impropriety in natural gas futures trading.
- Represented a senior corporate executive in a Department of Justice investigation of alleged price-fixing in the market for TFT-LCD display panels.
- Represented a major broker-dealer in parallel SEC and USAO investigations relating to the alleged misuse of material nonpublic information in the client’s retail and institutional equities businesses.
Brett is co-chair of Alston & Bird’s Litigation Area, which includes more than 350 lawyers across all our offices. Previously, Brett co-led the firm’s Litigation & Trial Practice Group and Financial Services Litigation Team. He focuses his practice on the litigation of complex corporate and commercial disputes; securities, shareholder, and derivative litigation; corporate control and M&A litigation; and real estate litigation. Brett represents corporate and individual clients in many industry sectors (including financial services, media, real estate, airlines, manufacturing, and health care) at the trial and appellate levels in federal and state courts throughout the U.S., as well as in arbitration and other ADR forums. He has particular experience in representing hedge funds, private equity funds (and their portfolio companies), venture capital funds, investment advisory firms, and broker-dealers.
Brett also has extensive experience representing both corporations and individuals in white collar criminal and enforcement proceedings (including investigations undertaken by the DOJ, SEC, CFTC, FINRA, and various other regulators) and internal investigations on behalf of corporations, boards of directors, and audit/special committees.
Earlier in his career, Brett served as a vice president at a multistrategy hedge fund, where he was responsible for negotiating and structuring financing transactions and participated in the management of the fund’s investment portfolio.
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Press Release May 21, 2025Alston & Bird Delivers Significant Win for Checkpoint Therapeutics in Securities Fraud SuitAlston & Bird secured a significant victory for Massachusetts-based Checkpoint Therapeutics, a biopharmaceutical company specializing in cancer immunotherapies and treatments, and its CEO in a securities class action in the Southern District of New York. The suit alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act, claiming the company made materially false or misleading statements about the likelihood of Food and Drug Administration approval for a biologics license application. In a detailed ruling issued May 19, the court granted our motion to dismiss the case with prejudice, finding the plaintiff failed to adequately plead any false or misleading statements or the scienter required for securities fraud.Press Release May 21, 2025Alston & Bird Delivers Significant Win for Checkpoint Therapeutics in Securities Fraud SuitAlston & Bird secured a significant victory for Massachusetts-based Checkpoint Therapeutics, a biopharmaceutical company specializing in cancer immunotherapies and treatments, and its CEO in a securities class action in the Southern District of New York. The suit alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act, claiming the company made materially false or misleading statements about the likelihood of Food and Drug Administration approval for a biologics license application. In a detailed ruling issued May 19, the court granted our motion to dismiss the case with prejudice, finding the plaintiff failed to adequately plead any false or misleading statements or the scienter required for securities fraud.
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Press Release May 9, 2024Alston & Bird Adds Trial Lawyer Scott SchirickAlston & Bird has enhanced its Litigation & Trial Practice Group with the addition of partner Scott Schirick, resident in the New York office. Scott focuses on complex federal and state litigation, securities enforcement and regulatory investigations, and white-collar criminal defense matters.Press Release May 9, 2024Alston & Bird Adds Trial Lawyer Scott SchirickAlston & Bird has enhanced its Litigation & Trial Practice Group with the addition of partner Scott Schirick, resident in the New York office. Scott focuses on complex federal and state litigation, securities enforcement and regulatory investigations, and white-collar criminal defense matters.
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Press Release April 17, 2024Alston & Bird Expands Insurance Litigation & Regulation Team with Key New York State Department of Financial Services OfficialAlston & Bird has enhanced its Litigation & Trial Practice Group and Insurance Litigation & Regulation Team with the addition of Mona Bhalla as a partner in the firm’s New York office. With extensive experience in insurance, financial services regulation, and management of strategic transactions, Mona helps clients consummate deals and achieve their overall business objectives.Press Release April 17, 2024Alston & Bird Expands Insurance Litigation & Regulation Team with Key New York State Department of Financial Services OfficialAlston & Bird has enhanced its Litigation & Trial Practice Group and Insurance Litigation & Regulation Team with the addition of Mona Bhalla as a partner in the firm’s New York office. With extensive experience in insurance, financial services regulation, and management of strategic transactions, Mona helps clients consummate deals and achieve their overall business objectives.
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Press Release February 15, 2024Alston & Bird Recognized by Chambers Global 2024Alston & Bird Recognized by Chambers Global 2024. Nine practices and 22 lawyers are represented in this year’s rankings.Press Release February 15, 2024Alston & Bird Recognized by Chambers Global 2024Alston & Bird Recognized by Chambers Global 2024. Nine practices and 22 lawyers are represented in this year’s rankings.
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Press Release January 30, 2023Alston & Bird Adds Financial Services Litigation Partner Nick Brocklesby in LondonAlston & Bird has added Nick Brocklesby as a partner in the Litigation & Trial Practice Group and member of the Financial Services Litigation Team, resident in the London office. Brocklesby advises major corporate entities, investment banks, hedge funds managers, private equity houses, and other financial institutions on commercial litigation and banking and financial services disputes.Press Release January 30, 2023Alston & Bird Adds Financial Services Litigation Partner Nick Brocklesby in LondonAlston & Bird has added Nick Brocklesby as a partner in the Litigation & Trial Practice Group and member of the Financial Services Litigation Team, resident in the London office. Brocklesby advises major corporate entities, investment banks, hedge funds managers, private equity houses, and other financial institutions on commercial litigation and banking and financial services disputes.
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Press Release September 16, 2021Alston & Bird Adds Former Senior DOJ Fraud Prosecutor Albert Stieglitz as Partner in Washington, D.C.Alston & Bird has expanded its white collar defense and government investigations capabilities with the addition of former high-ranking U.S. Department of Justice (DOJ) official and accomplished federal prosecutor Albert (BJ) Stieglitz as a partner in the firm’s Washington, D.C. office.Press Release September 16, 2021Alston & Bird Adds Former Senior DOJ Fraud Prosecutor Albert Stieglitz as Partner in Washington, D.C.Alston & Bird has expanded its white collar defense and government investigations capabilities with the addition of former high-ranking U.S. Department of Justice (DOJ) official and accomplished federal prosecutor Albert (BJ) Stieglitz as a partner in the firm’s Washington, D.C. office.
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Press Release June 8, 2021Alston & Bird Adds Partner Isabelle De Smedt in Brussels, Expands Global Anti-Corruption ServicesAlston & Bird has bolstered its global anti-corruption compliance capabilities with the addition of Isabelle De Smedt as a partner in the firm’s Brussels office. Joining from Nixon Peabody LLP, De Smedt represents companies in anti-corruption and fraud investigations related to the U.S. Foreign Corrupt Practices Act, UK Bribery Act, and other government enforcement programs worldwide.Press Release June 8, 2021Alston & Bird Adds Partner Isabelle De Smedt in Brussels, Expands Global Anti-Corruption ServicesAlston & Bird has bolstered its global anti-corruption compliance capabilities with the addition of Isabelle De Smedt as a partner in the firm’s Brussels office. Joining from Nixon Peabody LLP, De Smedt represents companies in anti-corruption and fraud investigations related to the U.S. Foreign Corrupt Practices Act, UK Bribery Act, and other government enforcement programs worldwide.
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Webinar March 18, 2021Appellate Practice PrimerAlston & Bird will host the Appellate Practice Primer webinar with Brett Jaffe moderating a discussion between Keith Blackwell and Larry Sommerfeld.Webinar March 18, 2021Appellate Practice PrimerAlston & Bird will host the Appellate Practice Primer webinar with Brett Jaffe moderating a discussion between Keith Blackwell and Larry Sommerfeld.
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In the News March 9, 2021Law360 | Apple Can’t Arbitrate Some Imessage Mix-Up ClaimsBrett Jaffe, Kristine Brown, Derin Dickerson, and Nathan Lee are noted for representing T-Mobile in a class action in the U.S. District Court for the Southern District of New York.In the News March 9, 2021Law360 | Apple Can’t Arbitrate Some Imessage Mix-Up ClaimsBrett Jaffe, Kristine Brown, Derin Dickerson, and Nathan Lee are noted for representing T-Mobile in a class action in the U.S. District Court for the Southern District of New York.
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In the News March 1, 2021Agenda | ‘Tougher Enforcement’ Ahead: Companies in SEC’s Cross HairsBrett Jaffe and Jenny Kramer are quoted on expectations of more rigorous enforcement by the Securities and Exchange Commission.In the News March 1, 2021Agenda | ‘Tougher Enforcement’ Ahead: Companies in SEC’s Cross HairsBrett Jaffe and Jenny Kramer are quoted on expectations of more rigorous enforcement by the Securities and Exchange Commission.
Bar Admissions
- New York
Education
- New York University (J.D., 1997)
- University of Michigan (B.A., 1994)
Memberships
- Private Equity Litigation Subcommittee, American Bar Association, Section of Litigation, co-chair
- Securities Industry and Financial Markets Association (SIFMA)
- UJA White Collar and Securities Enforcement Group, Executive Committee