Kevin Brost

Associate

Overview

Kevin Brost is an associate and litigation lawyer with Foley & Lardner LLP. He is a member of the firm’s Business Litigation & Dispute Resolution Practice. Kevin is admitted to practice only in New York and is not admitted to practice in Wisconsin.

Representative Experience *

Kevin’s experience encompasses all aspects of complex commercial litigation from the filing of a complaint through trial. Kevin has defended clients against claims involving breach of contract, business torts, breach of fiduciary duties, and under the Uniform Commercial Code. He also has represented clients asserting claims for misappropriation of trade secrets, and creditors of foreign sovereigns.

Kevin has extensive experience drafting dispositive motions and has successfully obtained dismissal on the pleadings in diverse state and federal cases. These examples include a class action suit alleging breach of contract and negligence claims against a discount broker-dealer, a RICO suit brought against a foreign international arbitrator, a complaint alleging various causes of action related to a purported “short and distort scheme,” and a chapter 11 bankruptcy petition. In addition, Kevin has successfully defended appeals in the Second and Ninth Circuits, and prosecuted and defended numerous appeals in New York state courts.

Kevin also maintains a robust pro bono practice. He previously drafted and argued a successful opposition to a lender’s summary judgment motion to foreclose on a pro-bono client’s office, resulting in a favorable settlement. He has represented pro bono clients in a diverse array of other cases, including actions to recover unpaid money for work performed, the defense of indigent tenants in a retaliatory suit by their landlord, and the preparation of a Supreme Court amicus brief challenging state laws prohibiting same-sex marriage.

*Certain of these matters were handled prior to joining Foley.

Prior to joining Foley, Kevin worked as an associate in the New York office of a large international law firm.

Education

  • Duke University School of Law (J.D., cum laude, 2013)
    • Teaching Assistant, Legal Analysis, Research, and Writing
  • The University of Wisconsin–Madison (B.A., with distinction, 2010)

Admissions

Kevin is admitted to practice only in New York and is not admitted to practice in Wisconsin.

  • New York
  • The U.S. District Court for the Southern District of New York
  • The U.S. Court of Appeals for the Second Circuit