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Brian Kint

Member

: Philadelphia
One Liberty Place
1650 Market Street
Suite 2800
Philadelphia, PA 19103
P: (215) 665-2771
TF: (800) 523-2900
F: (215) 701-2305

Brian Kint

Brian Kint is an experienced litigator who has successfully advocated to have claims against his clients dismissed or favorably resolved before moving to trial.

Brian earned his law degree from Harvard Law School. He earned his undergraduate degree, summa cum laude, from Georgia State University. He also clerked for the Honorable Gerald J. Pappert of the U.S. District Court for the Eastern District of Pennsylvania, is a Judge Advocate in the U.S. Army Reserve, and is the Secretary of the Harvard Law School Alumni Association of Greater Philadelphia.

Prior to attending law school, Brian had a successful career as an Information Technology Professional. He was a recognized Microsoft Certified Systems Engineer and Cisco Certified Network Associate and was Network+ certified by the Computing Technology Industry Association. Brian's mix of legal knowledge and IT experience makes him uniquely situated to advise and advocate for clients regarding ever-present issues of data privacy and cyber security. He can speak the language of the law as well as the language of the professionals responsible for developing and implementing IT solutions to adhere to that law. Not only does this capability give Brian a distinct advantage when litigating data privacy issues, it also ensures that his clients' legal obligations are successfully translated into effective IT solutions.

Experience

Represented the Commonwealth of Pennsylvania in contesting the Chapter 9 bankruptcy petition filed for the City of Harrisburg by members of its city council. The Commonwealth was joined in its opposition to the bankruptcy filing by several other stakeholders, including the City of Harrisburg's mayor, and the unions representing city employees. Petition was dismissed and dismissal was upheld on appeal.

Obtained dismissal of a defamation claim brought against our clients, a national association for amateur radio operators and three of its officers, by a former regional chair of the association. The plaintiff filed the lawsuit in the wake of an article the association published on its website explaining that his chairmanship had been terminated because of repeated unauthorized communications on the association's behalf with the Federal Emergency Management Agency. In dismissing the claim, the district court accepted our argument that the affirmative defense of truth was appropriately raised at the motion to dismiss stage because the defense was apparent on the face of the complaint, including undisputedly authentic documents integral to the allegations. This victory was affirmed by the U.S. Court of Appeals for the Third Circuit.

Successfully moved to dismiss complex antitrust litigation against our client, a manufacturer and distributor of flight helmets. The lawsuit stemmed from an advertising campaign which the client’s competitors alleged violated not only federal antitrust laws, but also state defamation, unjust enrichment, and civil conspiracy law; the Delaware Consumer Fraud Act; the Federal Trade Commission Act; and the Lanham Act. The U.S. District Court for the District of Delaware dismissed the complaint in its entirety, with prejudice.

Represented association and board members sued for defamation. Arguments that Brian raised in motion to dismiss led to the court dismissing all claims with prejudice.

Represented a manufacturing company against product liability claims brought in federal court. Brian’s argument that the court lacked jurisdiction resulted in the plaintiffs voluntarily withdrawing the suit.

Represented the Commonwealth of Pennsylvania in contesting a Chapter 9 bankruptcy petition filed by members the Harrisburg City Council. The bankruptcy petition was dismissed and the dismissal was upheld on appeal.

Represented a top insurance company in a derivative suit brought by the shareholders of a target company and designed to block or delay the acquisition. Brian’s representation resulted in a prompt dismissal of the claims.

Represented a life settlement company in a fraud action filed in state court. Brian worked with a Cozen team to draft a motion to dismiss the claims, which the court granted.

News

Cozen O’Connor Elects 19 Associates to Membership

April 09, 2018

Cozen O’Connor has elected 19 associates to membership in the firm. The management committee appointed this qualified group of attorneys to membership based on demonstrated professionalism, leadership, dedication, and loyalty to Cozen O’Connor.

Preserving Privilege in Internal Investigations [Today's General Counsel]

August 15, 2014

In an article published in Today's General Counsel, Stephen Miller, a member of the Commercial Litigation Department, and Brian Kint, an associate in the Commercial Litigation Department, discuss the dispute involving the privileged status of documents created during internal code of business conduct (COBC) investigations conducted by Kellogg Brown & Root, Inc. The case serves as a reminder that reasonable jurists can evaluate privilege issues differently and gives examples of how companies can strengthen any assertion of privilege over internal investigation materials.

Juries and Social Networking Sites [The Champion]

January 13, 2014

Social media is a mainstay in daily life. Over a billion people are registered users of Facebook. The Facebook logo and the logos of other social networking giants such as Twitter are quickly becoming as iconic as McDonald's Golden Arches or Apple's apple. As the popularity of social networking sites grew, industries scrambled to utilize such a powerful tool. The legal profession is no exception. Unfortunately, the combination of rapidly changing technology and slowly evolving law has created a potpourri of law in which little is settled or clear when it comes to social media and the courtroom. What is clear, however, is that attorneys who understand how social media can help or hurt their clients and have well-defined plans for tackling social media issues will be in the best position to successfully advocate for their clients.

Beware of Self-Promotion While Blogging [The Legal Intelligencer]

June 26, 2013

Lawyers and law firms are increasingly using blogs, also referred to as "blawgs," along with social media sites such as Facebook and Twitter, to build their visibility and brand. While blogs do not have the traditional look and feel of attorney advertising, they certainly have at least some measure of commercial purpose. After all, it is unlikely that law firms would expend resources on this new form of communication if they did not at least hope to receive some return on their investment. Yet, blogs may not fit neatly inside regulations on attorney advertising that were written with more traditional media formats in mind.

Winter 2013 [Business Law Observer]

January 01, 2013

Celebrity Endorsements: Your Morals Clause Return Policy [The Legal Intelligencer]

November 21, 2012

On November 5 in Edenbridge, U.K., a 30-foot-tall model of Lance Armstrong was burned to celebrate Guy Fawkes' failed plot to blow up the Parliament. The giant Armstrong likeness held a Tour de France cup in one hand and a sign in the other, which read,

A Spoliation Ace in the Hole [E-Discovery Law Review Blog]

April 17, 2012

A district court case decided last month shows how a company’s email retention and litigation hold policies can affect claims of spoliation by adverse parties in litigation. In Danny Lynn Electrical v. Veolia ES Solid Waste, No. 2:09CV192-MHT, 2012 U.S. Dist. LEXIS 31685, at *2 (M.D....

Rule 23 (f) Class Certification Appeals: Boon or Bust? [The Legal Intelligencer]

April 09, 2012

Federal court class actions have been around for over 50 years. As they grew in importance in the 1960s and 1970s, it was a bit like the tale of Frankenstein. Had the class action rule created an improved tool allowing small claimants a fair day in court against large, deep-pocketed corporations? Or had the class action become something greater than intended — something that turned the risks and costs of litigation so much against corporate defendants that the class action had merely substituted one form of unfairness for another?

Rule 23(f) Class Certification Appeals: Boon or Bust [The Legal Intelligencer]

April 09, 2012

NLRB Strikes Down Class Arbitration Waiver [Class Action Defense Review Blog]

February 23, 2012

Last year, in AT&T Mobility v. Concepcion, the Supreme Court upheld a class arbitration waiver in a consumer contract. Now, however, the National Labor Relations Board has struck down a similar waiver in the employment context, holding that requiring employees to submit all employment-related...

The Stop Online Piracy Act and the High Seas of the Internet Age [The Legal Intelligencer]

February 15, 2012

The Stop Online Piracy Act and the High Seas of the Internet Age - The Legal Intelligencer -

When 'The Law' Is in the Lobby [The Legal Intelligencer]

January 11, 2012

When 'The Law' Is in the Lobby - The Legal Intelligencer -

When Class Counsel Crosses an Ethical Line [Class Action Defense Review Blog]

January 09, 2012

Class actions allow for the aggregation of numerous small claims into what can prove to be a very large payday for the lawyers representing the class. On the one hand, this mechanism allows plaintiffs with small-value claims to vindicate rights that otherwise likely would not be brought to court. On...

Weighing Burdens and Benefits in Hard Drive Preservation Dispute [E-Discovery Law Review Blog]

October 31, 2011

Although deleted data can be recovered – perhaps at significant cost – destroyed data is likely gone forever. Perhaps it is for this reason that a recent federal court was reluctant to apply a strict proportionality test to a preservation dispute. In Pippins v. KPMG LLP, 2011 U.S. Dist....

Practice Areas

Antitrust

Criminal Defense & Internal Investigations

Commercial Litigation

Education

Harvard Law School, J.D., 2011
Georgia State University, B.A., 2008

Bar Admissions

Court Admissions

Affiliations

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