Randall A. Brater

Partner
Randy is a nationally recognized commercial litigator at Arent Fox who represents companies in the health and life science, construction, food, fashion, and media and entertainment industries.
Randall Brater, Partner, Washington DC at Arent Fox LLP

Randy routinely litigates high-stakes matters in state and federal courts, from preliminary injunctions to motions practice, jury, and bench trials and arbitrations and mediation.

Randy often defends civil actions in cases involving trademark infringement and other Lanham Act claims, rights of publicity, claims under the False Claims Act, environmental actions under CERCLA and FIFRA, employment, trade secret and unfair competition actions, and a variety of tort and contract actions.

Client Work

In the trademark and unfair competition area, Randy has litigated, tried, and assisted in the settlement of Lanham Act disputes in federal court, including claims arising out of the titles of television programs, trade dress infringement for fashion and food clients, and those related to the publicity rights of famous personalities. Randy also serves as part of the team that services the intellectual property portfolio for a number of media and entertainment, food, and fashion clients, providing litigation counsel in trademark, unfair competition, advertising, publicity rights matters, and related licensing issues.

Randy also represents a number of clients in the health care, pharmaceutical, and construction industries in qui tam False Claims Act actions in federal court, as well as related matters in state court.

Randy has represented agricultural chemical manufacturers in numerous data compensation disputes arising under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). He is part of the trial team that has handled several arbitrations under FIFRA, including a recent matter in which Arent Fox’s client, a major agricultural chemical manufacturer, was entitled to compensation for its novel scientific data on issues of gene flow, weed resistance, and directions for use in support of the use of a herbicide over-the-top of a genetically engineered herbicide tolerant crop.

Significant matters in which Randy has participated include:

  • Representation of multiple pharmaceutical companies in an ongoing dispute involving claims by Louisiana under the state’s false claims, consumer protection, and unfair competition statutes that challenge whether our clients’ products qualify as covered outpatient drugs and were properly reimbursed under Medicaid (19th Judicial District LA);
  • Representation of construction companies in a False Claims Act case involving alleged violations of the Davis Bacon Act. United States ex rel. Smith v. Clark/Smoot/Russell, et al., 796 F.3d 424 (4th Cir. 2015);
  • Representation of a pharmaceutical company in False Claims Act litigation in United States ex rel. Conrad v. Actavis Mid-Atlantic, et al, 2013 WL 682740 (D. Mass 2013);
  • 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);
  • Representation of a pet food manufacturer in a trade dress infringement matter in federal court (Middle District of Tennessee);
  • Represented the manufacturer, distributor and seller of culinary gourmet sauces and stocks in a breach of contract action against a French manufacturer of sauces for failure to deliver a product that fully complied with USDA rules and regulations. More Than Gourmet, Inc. v. Christian Potier, S.A., 2014 WL 4245961 (N.D. Ohio 2014);
  • Defense of a claim for breach of a non-solicitation clause against the manager of a real estate office in a jury trial 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, 419 Md. 306 (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. Both were affirmed on appeal. Contract Materials Processing, Inc. v. KataLeuna GmbH Catalysts, 303 F.Supp.2d 612 (D. Md. 2003); 462 Fed. Appx. 266 (4th Cir. 2012).
  • 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); 235 F.Supp.2d 458 (D. Md. 2002).
  • 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.

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

Project Management Task Force Leader

Randy was appointed by the firm’s Executive Committee to oversee the project management program that is designed to create efficiencies with clients and foster accountability, communication, predictability, and transparency. As the leader of the task force, Randy coordinates the efforts of other partners in multiple practice areas to implement best practices, while designing tools that can be used across various legal practices and disciplines.

Previous Work

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

Publications, Presentations & Recognitions

  • Co-author, “Is DOJ Changing Its Approach to Enforcement? What Regulated Entities Need to Know,” 2018
  • “The Civil False Claims Act: A Primer for Career and Other Proprietary Colleges,” Arent Fox webinar; November 2008
  • Co-author, "Oral Arguments Set for Major False Claims Act Case Pending Before Supreme Court," AHLA Weekly, April 8, 2016
  • Randy was appointed by Travelers Aid International as a board member in July 2013.