Arent Fox
ATTORNEY BIO
Randall A. Brater

Randall A. Brater
November 11, 2011
  • Partner
  • Washington, DC
202.715.8472
randall.brater@arentfox.com

Randy Brater is a partner in the Commercial and Intellectual Property Litigation groups at Arent Fox. His practice involves litigating matters in both state and federal courts, from preliminary injunctions to motions practice to jury and bench trials, as well as arbitrations and mediation. He has experience defending and pursuing civil actions in numerous areas including a variety of tort and contract actions, commercial and real estate actions, trademark and copyright infringement claims, rights of publicity, claims under the False Claims Act, environmental actions under CERCLA and FIFRA, and employment, trade secret and competition actions.

Client Work

In the trademark and copyright area, Mr. Brater has litigated and assisted in the settlement of several trademark disputes in federal court, including claims arising out of the titles of television programs and claims related to the publicity rights of famous personalities. Mr. Brater also serves as part of the team that services the intellectual property portfolio for a number of media and entertainment clients, including litigating and advising on trademark, copyright, publicity rights matters and related licensing issues.

Significant matters in which Randy has participated include:

  • Part of the litigation team that defended a trademark infringement and dilution action on behalf of a major media and entertainment company in a jury trial. The court granted partial dismissal of the action at both the motion to dismiss and summary judgment phases. Monster Cable Products, Inc. v. Discovery Communications, Inc., 2004 WL 2445348 (N.D. Cal. 2004);
     
  • Defense of a claim for breach of a non-solicitation clause against the manager of a real estate office and the granting of an award of attorney’s fees under a fee-shifting provision in the agreement. Weichert Co. of Maryland, Inc. v. Dorothy Crago Faust, 989 A.2d 1227 (Md.App. 2010);Weichert Co. of Maryland, Inc. v. Dorothy Crago Faust, 19 A.3d 393 (Md. 2011);
     
  • Defense of a trade secret and corporate raiding claim in a jury trial in federal court. Galaxy Computer Services, Inc. v. Baker, 325 B.R. 544 (E.D. Va. 2005); 2005 WL 2171454 (E.D. Va. Sept. 02, 2005);
     
  • Part of the trial team that litigated a contract counterclaim in a bench trial that resulted in an award for the client and a jury trial on the same matter that resulted in a verdict in the client’s favor. Contract Materials Processing, Inc. v. KataLeuna GmbH Catalysts, 303 F.Supp.2d 612 (D. Md. 2003);
     
  • Defense of a CERCLA claim in which the court granted summary judgment and made a determination that the client was an innocent landowner under the statute. 1325 "G" Street Associates, LP v. Rockwood Pigments NA, Inc., 2004 WL 2191709 (D. Md. 2004).
     
  • Representation of a sovereign nation in a breach of contract action, including dismissal upon motion and an award of attorneys’ fees for the client in the process.


Mr. Brater is also committed to pro bono activities. In 2010, Mr. Brater was awarded the Klepper Prize for Volunteer Excellence for his work with the Legal Aid Society of the District of Columbia. In 2006, Mr. Brater was awarded the Albert E. Arent Pro Bono Award for his work with Legal Aid.

Previous Work

Randy joined the firm in 2001 after working at another law firm in Los Angeles.

Publications, Presentations and Recognitions

“The Civil False Claims Act: A Primer for Career and Other Proprietary Colleges,” Arent Fox webinar; November 2008

Bar and Court Admissions

  • California Bar
  • District of Columbia Bar
  • Supreme Court of the United States
  • US District Court, District of Maryland
  • US District Court, Northern District of California
  • US Court of Appeals, District of Columbia Circuit
  • US Court of Appeals, 4th Circuit
  • US Court of Appeals, 9th Circuit
  • US Court of Appeals, 6th Circuit
  • US Court of Appeals, 10th Circuit
  • US District Court, District of Columbia
  • US District Court, Central District of California

Education

Vanderbilt University Law School
, JD
Cornell University
, BA
  ( with distinction in all subjects )

Practices

  • Commercial Litigation
  • Environmental

Industries

  • Media & Entertainment

Areas of Focus

  • Commercial
  • Intellectual Property
  • Life Sciences
  • Litigation
  • Media & Entertainment / Sports
  • Television
  • White Collar Crime / False Claims / Health Care
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
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1675 Broadway
New York, NY 10019-5820
T212.484.3900F212.484.3990
555 West Fifth Street, 48th Floor
Los Angeles, CA 90013-1065
T213.629.7400F213.629.7401
www.arentfox.com