Overview

Brenna is an experienced commercial litigator who specializes in financial services litigation and arbitration. She represents banks in a wide range of cases, including putative class actions, government enforcement actions, customer and vendor disputes, and employment cases. Brenna also frequently helps banks respond to claims brought before state regulatory agencies. Her cases often involve issues relating to the UCC, EFTA, ECOA, FDCPA, FCRA, NBA, TCPA, TILA, state consumer protection statutes, the interpretation of deposit account agreements, federal and state discrimination and wage and hour laws, and the common law. Brenna also represents both broker-dealers and financial advisors in securities-related arbitration before the FINRA on issues relating to breach of non-solicitation agreements and promissory notes, Form U4 and U5 expungement, and other employment and customer issues. Brenna has served as second chair in three jury trials, all of which resulted in favorable verdicts for her clients, and has arbitrated numerous cases to decision.

Education

  • Columbia Law School (J.D., Harlan Fiske Stone Scholar, 2011)
  • Georgetown University (B.A., magna cum laude, 2008)

Admissions

  • Rhode Island
  • Massachusetts
  • Connecticut
  • New Hampshire
  • New York
  • U.S. District Court, District of Rhode Island
  • U.S. District Court, District of Massachusetts
  • U.S. District Court, District of Connecticut
  • U.S. District Court, District of New Hampshire
  • U.S. District Court, Northern, Southern, Eastern and Western District of New York
  • U.S. District Court, Eastern District of Michigan
  • U.S. Court of Appeals for the First, Second and Third Circuits
  • U.S. Supreme Court
Representative Matters
  • Served as second chair in a false patent marking trial in the United States District Court for the Western District of Washington in which the client won judgment as a matter of law.
  • Second-chaired a trial and obtained a defense verdict on behalf of a healthcare company in a $3 million premises liability case.
  • Obtained a complete defense verdict in a jury trial in U.S. District Court for the District of Rhode Island for a luxury hotel chain that was sued by a person who was physically assaulted in a hotel lobby.
  • Represented a food distribution company that conducted a nationwide product recall due to salmonella contamination of its products through tainted pepper. Obtained a $33 million judgment against one spice company defendant, resolved all claims against the other spice company and successfully pursued all other responsible parties.
  • Principally responsible for a matter in which AP&S obtained the dismissal of case against the largest British commercial bank alleging violations of the federal Electronic Fund Transfer Act in U.S. District Court, District of Connecticut and successfully defended that decision on appeal to the United States Court of Appeals for the Second Circuit.
  • Obtained dismissal of a putative class action brought against a bank in Rhode Island federal court on the grounds that the National Bank Act preempted the plaintiff’s claim that the bank unlawfully failed to pay interest on mortgage escrow accounts.
  • Drafted successful motion for judgment on the pleadings with regard to federal and state RICO class action claims asserted against a publicly traded international metals recycling company.
  • Drafted successful motion to dismiss a putative class action complaint by student loan borrowers alleging violations of the Truth in Lending Act in the United States District Court for the District of Maine.
  • Successfully opposed class certification on behalf of a commercial bank accused of violating Vermont consumer fraud law by charging overdraft fees to certain accounts.
  • Obtained dismissal of a disability discrimination claim asserted by a former contractor of a large bank in the U.S. District Court for the Southern District of New York.
  • Obtained dismissal of a case brought against a bank in Rhode Island state court in which the plaintiff alleged violations of Article 4A of the UCC and the common law in connection with an erroneous wire transfer of over $1 million.
  • Obtained summary judgment on behalf of a publicly traded company in Rhode Island federal court in a case in which a former employee alleged race discrimination.
  • Won summary judgment on behalf of a national bank in a negligent misrepresentation case brought by a customer victimized by a fraudulent check/wire transfer scheme.
  • Obtained summary judgment on behalf of a mortgage lender accused of violating the appraiser independence provisions of the Truth in Lending Act.
  • Won summary judgment on behalf of an employer wrongfully accused of violating the Massachusetts Wage Act for declining to pay a former employee certain discretionary incentive compensation.
  • Successfully opposed a motion for preliminary injunctive relief brought by a vendor whose contract was terminated, resulting in voluntary dismissal of the case.
  • Obtained dismissal of a class action brought pursuant to the Rhode Island Deceptive Trade Practice Act alleging that an attorney engaged in deceptive advertising. Named one of the top 10 most important decisions of 2013 by Rhode Island Lawyers Weekly.
  • Obtained dismissal of a breach of contract case in Massachusetts federal court against a South Carolina manufacturing company.
Seminars / Publications
  • Social Media in Litigation, MetLife Auto & Home 2015 House Counsel Conference, May 7, 2015.
Honors
  • Named a Rhode Island Rising Star by Super Lawyers, 2015 – 2023.
  • Harlan Fiske Stone Scholar, Columbia Law School.
  • Notes Editor, Columbia Journal of Transnational Law.
  • Phi Beta Kappa, Georgetown University.

 

Super Lawyers 2023
Professional Affiliations
  • Member, Rhode Island Bar Association.
  • Member, Federal Bar Association.
In the Community
  • Leadership Rhode Island, Xi II Class (2018)
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