Brian Campbell

Brian Campbell is a Senior Attorney at Elsberg Baker & Maruri.

Brian Campbell is an experienced trial lawyer whose practice encompasses a wide variety of complex commercial matters. Brian has a depth of experience in litigating cases involving structured finance, monoline insurance, corporate governance, shareholder rights, restructuring and creditor rights, mergers and acquisitions, tax, GAAP accounting, environmental law, construction and engineering, and patent law. Brian has represented corporate clients in various industries, including energy and natural resources, power, petrochemicals, finance, insurance, aerospace, and private equity. Brian is a resourceful litigator who puts his breadth of experience to work in achieving the best outcome for his clients.

Brian has appeared numerous times in the Delaware Court of Chancery, the District of Delaware Bankruptcy Court, and New York Commercial Division, in addition to state and federal courts around the country. Brian has tried cases in the Delaware Chancery Court, the New York Commercial Division, and before a panel of AAA arbitrators.

Brian has been listed in The Best Lawyers in America: Ones to Watch for Mergers and Acquisitions Law, 2024, and The Best Lawyers in America: Ones to Watch for Bankruptcy and Creditor Debtor Rights, Insolvency and Reorganization Law, Patent Law, 2021-2024.

Before entering the law, Brian earned his bachelor’s in Electrical Engineering and worked as an electronics design engineer.

Representative Matters

• Represented David Dunn, as Trustee for Zohar Litigation Trust-A, prosecuting more than $1 billion in claims in the District of Delaware Bankruptcy Court against financier Lynn Tilton and Patriarch Partners. Zohar Litigation Trust-A asserted more than 40 counts against Tilton and Patriarch concerning alleged misconduct in relation to the Zohar Funds, a series of Collateralized Loan Obligation (CLO) funds that raised $2.5 billion in capital before defaulting and entering bankruptcy in 2018. Brian and his team succeeded in securing a dismissal of more than $500 million in counterclaims asserted by Patriarch.
• Represented MBIA Inc. and MBIA Insurance Corp. in jury trial in the New York Commercial Division defending against $300 million fraud claim brought by Lynn Tilton. Claims related to alleged promises concerning restructuring of one of the Zohar Funds before its default at maturity. Case was settled on confidential terms after evidence closed at trial.
• Represented G-I Holdings, Inc., and several Heyman family trusts in defending a series of lawsuits brought by Ashland Inc. over allocation of environmental cleanup responsibilities following M&A transaction through which Ashland acquired International Specialty Products Inc.
• Represented Lion Copolymer Holdings LLC in defending a suit brought by minority shareholders in Delaware Chancery Court concerning a disputed multi-million dollar capital call.
• Represented board members Joel Peterson and Rowland Moriarty in expedited corporate governance dispute brought in Delaware Chancery Court under the Delaware LLC Act concerning Packsize International, LLC.
• Won trial victory for an Alvarez & Marsal subsidiary and the Zohar Funds in the Delaware Chancery Court on claims brought under the Delaware General Corporate Law over the disputed elections of directors to portfolio companies of the Zohar Funds.
• Represented American Electric Power in defending against investor claims in a power plant sale-leaseback transaction that sought to impose a $1.4 billion obligation on AEP. Case was settled on confidential terms while AEP’s motion for summary judgment was pending.
• Represented Babcock & Wilcox in defending against claims by P.H. Glatfelter Company seeking nearly $60 million in damages allegedly resulting from an industrial boiler installation contract. While the case remains ongoing, Brian and his team succeeded through motion practice in upholding a damages cap that slashed potential damages to a fraction of what Glatfelter sought.
• Represented Lenard Liberman in bankruptcy and restructuring dispute in New York Commercial Division and District of Delaware Bankruptcy Court concerning Liberman Broadcasting, Inc.