Brian D. Hail

Brian D. Hail

Brian D. Hail

Brian Hail, a partner in the firm’s Financial Industry and Business Litigation practices, concentrates on complex commercial litigation and restructuring matters, including the representation of financial institutions, hedge funds, private investors and investment banks in various civil and insolvency matters. He also has extensive experience advising clients on complex litigation involving contract disputes, securities fraud claims and valuation disputes.




Mr. Hail has represented both domestic and international clients in federal and state courts throughout the United States, including bankruptcy court and in connection with civil investigations brought by federal and state governmental authorities.

Mr. Hail’s recent matters include:

  • Representation of large financial institution in connection with series of disputes arising from mortgage operations and securitization issues. Representation included private suits and class actions on behalf of investors, purchasers and insurers.
  • Representation of large real estate investment fund in series of disputes relating to property values, workouts and intercreditor disputes. Litigation in multiple state courts involving assets located all over the country.
  • Representation of private equity firm in connection with acquisition of assets of largest timber producing company in California. Litigation included issues of value, confirmation and bankruptcy, and involved more than five weeks of contested factual hearings, with fact witnesses and experts, and multiple appeals to district court and the circuit court of appeals.
  • Representation of individual and financial institutions in connection with disputes arising from purchase of Auction Rate Securities and Mortgage Backed Securities.
  • Representation of group of hedge funds and investment advisers in connection with dispute concerning redemption of $126 million of notes issued by public company. Matter concluded with three-week trial in Delaware Chancery Court, in which Mr. Hail served as primary trial counsel.
  • Representation of investment fund and large commercial bank in dispute with energy company over default on notes and payment of default interest. Dispute revolved around relative rights of multiple parties in capital structure and economics of proposed restructuring.
  • Co-lead trial counsel in representation of portfolio company of large New York asset management firm in claims asserted against chemical company owned by another large hedge fund. Resulting jury verdict was largest compensatory damage award in Kentucky history, second-largest jury verdict ever in that state and one of the largest jury verdicts in the United States in 2007.
  • Representation of large Mexican transportation company in issue of first impression in New York in connection with dispute over value of expired derivative securities similar to call options brought by large New York hedge fund.
Professional Activities

Mr. Hail is a member of the New York State Bar Association, State Bar of Texas, American Bar Association, Association of the Bar of the City of New York, Dallas Bar Association and Federal Bar Council. He received an award for his pro bono activities on behalf of indigents and prisoners and is a member of the pro bono panel of the Second Circuit Court of Appeals.

Professional Experience

Mr. Hail began legal practice at the New York office of Cravath, Swaine & Moore. Immediately prior to joining Goodwin in 2007, he was a partner in the New York office of Haynes & Boone LLP.

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J.D., 1992
University of Michigan

(cum laude)

B.A., 1989
Southern Methodist University

(cum laude)

B.B.A., 1989
Southern Methodist University

(cum laude)







New York




U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the Northern District of Texas
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Our clients rely on us for world-class advisory services, counsel on complex transactional work and high-stakes litigation. Specializing in matters involving the financial, life sciences, private equity, real estate, and technology industries, we use a collaborative, cross-disciplinary approach to resolve our clients’ most challenging issues. To find out more, please contact us.
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