Overview Experience News Intelligence Brian J. Kapatkin Senior Counsel bkapatkin foley.com Download vCard Brian Kapatkin is a senior counsel and litigation lawyer with Foley & Lardner LLP. Mr. Kapatkin is a member of the Business Litigation & Dispute Resolution, eDiscovery & Data Management, Environmental Regulation, and NHTSA & Motor Vehicle Safety Practices. Mr. Kapatkin’s practice focuses primarily on complex and high-stakes business litigation matters, especially among companies in the medical device, health care, energy, and automotive industries. Mr. Kapatkin has litigated many such disputes involving trade secrets and other unfair competition claims, antitrust claims, complex breach of contracts claims, and environmental disputes arising from the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In addition to matters in the courtroom, Mr. Kapatkin also has valuable experience representing clients in mediations and arbitrations, and in counseling clients on litigation avoidance strategies. As a key part of his complex business litigation practice, Mr. Kapatkin routinely counsels clients on a variety of sophisticated electronic discovery, data management, cybersecurity, and privacy matters, with a goal of efficiently and creatively solving problems, as well as avoiding common pitfalls. Another complementary area of Mr. Kapatkin’s practice involves representing motor vehicle manufacturers and major parts suppliers with respect to National Highway Traffic Safety Administration issues, including recalls, defect investigations and related enforcement proceedings, compliance with Federal motor vehicle safety standards, rulemaking proceedings, FOIA and confidentiality matters, and other compliance issues under the National Traffic and Motor Vehicle Safety Act, TREAD Act and implementing regulations. Recognition Mr. Kapatkin was selected for inclusion in the 2014 – 2017 Washington, D.C. Super Lawyers – Rising Stars® lists for his work in business litigation. Selected Publications “Top 5 Practical Decision Points Related to Predictive Coding,” IT-Lex (February 10, 2014) “New Requirements for NHTSA Recalls and Early Warning Reporting Become Effective October 21,” Dashboard Insights (October 17, 2013) “Adventures in Email Threading,” IT-Lex (February 14, 2013) “U.S. Case Law Regarding Social Networks’ Privacy Policies,” E-Commerce Law Reports (January 2012) Admissions Mr. Kapatkin is admitted to practice in the District of Columbia and Virginia; the U.S. District Courts for the Eastern and Western Districts of Virginia; the U.S. District Court for the District of Columbia; and, the U.S. District Court for the Eastern District of Michigan. Certifications Mr. Kapatkin is a certified information privacy professional/US (CIPP/US), certified by the International Association of Privacy Professionals.* Education Mr. Kapatkin earned his law degree from the Emory University School of Law (J.D., 2007), where he was a member of the Moot Court Society. He earned his undergraduate degree in political economy and classics from Georgetown University (B.A., 2004). *Currently there is no procedure in the Commonwealth of Virginia for approving certifying organizations.