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Brian S. Harvey

(Partner)

Baker & Hostetler LLP
Washington Square, Suite 1100
1050 Connecticut Avenue, NW
Washington, D.C. 20036-5304
Phone: 202.861.1559  Fax: 202.861.1783
Email: bharvey@bakerlaw.com

Lawyer Profile
Brian Harvey maintains a broad practice as advocate and advisor, neutral mediator and arbitrator. As advocate, Mr. Harvey has over 25 years' experience with complex civil litigation and conflict resolution, including bench and jury trials, appeals at all levels, arbitrations, mediations and agency proceedings. He has defended and prosecuted a wide range of civil matters on behalf of organizations and individuals involving statutory and common law employment rights; executive compensation, pensions and employee benefits; civil rights, defamation and privacy issues; commercial contracts and other business matters.

Mr. Harvey's practice includes compliance counseling, negotiations and litigation under the full array of laws regulating the workplace, including the Fair Labor Standards Act and related wage-hour laws applicable to federal contractors, Titles I and III of the Americans with Disabilities Act, the Sarbanes-Oxley Act, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, the Employee Retirement Income Security Act, the National Labor Relations Act, the Railway Labor Act and numerous other laws protecting employee rights.

Mr. Harvey has extensive experience with restrictive covenants and provisions dealing with intellectual property in employment agreements. He counsels and represents employers and employees, including senior executives and other employees in their individual capacity, in negotiation of separation arrangements and resolution of conflicts arising from termination of employment. He regularly serves as U.S. employment counsel in international and domestic business transactions.

Mr. Harvey's practice includes internal investigations arising from allegations of violations of internal codes of corporate conduct and business ethics and other matters involving corporate compliance.

Since 1996, Mr. Harvey has maintained an active practice as a dispute-resolution neutral. He serves on the American Arbitration Association's National Roster of Neutrals, Commercial and Employment Panels and on the AAA's Large Complex Case Panel. Since January 2004, Mr. Harvey has been appointed as panelist, sole arbitrator or panel chair in over 25 AAA arbitrations. His arbitration engagements have included numerous matters involving executive employment agreements, executive compensation and benefits, alleged violation of post-employment covenants, statutory and common law employment rights, claims under state wage-payment laws and wrongful termination issues, as well as commercial contractual disputes, matters concerning intellectual property and its evaluation, healthcare contracting, defamation claims, disputes involving stockholders' rights and business governance issues, and data compensation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Mr. Harvey provides mediation services through the AAA and on an ad hoc basis. He has successfully mediated and co-mediated numerous conflicts involving employment issues, complex business relationships, commercial contracts and government contracts. He has successfully mediated several particularly difficult disputes involving senior executives separating from long-time employment and lawyers departing from law firms. Mr. Harvey is frequently requested to conduct mediations on behalf of the dispute resolution programs of the U.S. District Court in Washington, D.C., and the Circuit Court for Baltimore County, Maryland.

Mr. Harvey has served as lawyer or neutral in matters arising in a range of industries, including legal services; investment advising; hotel, restaurant, food service and hospitality; healthcare; broadcast, Internet and print media; transportation; airlines; retail; insurance; computer software development; professional sports; nonprofit organizations, trade associations and professional associations; educational institutions; governmental entities; consulting firms and financial institutions.

Before joining Baker Hostetler, Mr. Harvey served in judicial clerkships with Hon. James C. Turk, then-Chief Judge of the U.S. District Court for the Western District of Virginia, and with Hon. James M. Sprouse of the U.S. Court of Appeals for the Fourth Circuit.

Mr. Harvey is a member of the American Bar Association, the District of Columbia Bar Association and the Maryland State Bar Association. He is a Master of the Bench of the Prettyman-Leventhal American Inn of Court in Washington, D.C., and serves as the Inn's immediate past president.
Education
College: B.A., Marshall University, 1976

Law School: J.D., Case Western Reserve University School of Law, 1979 

Bar Admission
U.S. Supreme Court
U.S. Court of Appeals, District of Columbia Circuit
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. District Court, District of Columbia
U.S. District Court, District of Maryland
District of Columbia
Maryland
Practice Areas
  • Employment Law - Management
  • Labor Law - Management
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