Brian T. Markley

PARTNER

Brian T. Markley is a member of Cahill's litigation practice group and co-chair of the Firm's Summer Associate program.

Brian has handled a broad range of commercial disputes, securities class actions, derivative suits and employment arbitrations. He also frequently represents investment banks and other companies in connection with investigations conducted by the SEC and DOJ and has handled internal investigations related to the Foreign Corrupt Practices Act ("FCPA") in China, Germany, India, Indonesia, Singapore, South Korea, Thailand and elsewhere.

Brian has litigated numerous cases involving media law and the rights of the press. He has frequently defended journalists subpoenaed to reveal their confidential sources, as well as media companies sued for alleged libel and negligence.

• Counsel to Standard & Poor's in connection with state and federal lawsuits, investigations, testimony before U.S. House and Senate committees and civil subpoenas.
  
• Counsel to Time Warner Cable in disputes related to affiliation and retransmission agreements.
  
• Represented a major financial institution in a suit against a mortgage originator allegedly engaged in a property flipping scheme that targeted low income homeowners.
• Successfully defended a client in a 5-day AAA arbitration hearing related to a dispute over the interpretation of a Purchase Agreement earn-out provision. 
• Regularly represents one of the world's largest paper manufacturers in connection with various disputes and contractual matters.
  
• Represented financial services company against wrongful termination and other claims before arbitration panel of the Financial Industry Regulatory Authority.
• Represented Senator Mitch McConnell in constitutional challenges to the Bipartisan Campaign Reform Act (also known as "McCain-Feingold").
• Oversaw governance reforms at a medical device manufacturer in connection with monitorship required by deferred prosecution agreement with the United States Attorney's Office for the District of New Jersey.
  
• Represented journalists Judith Miller and Matthew Cooper in connection with the federal government's efforts to compel disclosure of their confidential sources in a criminal investigation into the leak of a CIA agent's identity.
  
• Defended a journalist and her publisher against a libel claim arising out of an article concerning an alleged American mercenary imprisoned in Afghanistan.
  
• Represented The New York Times in connection with grand jury subpoenas seeking to compel disclosure of its reporters' telephone records in a federal grand jury investigation.
• Represented six major media companies in numerous challenges on First Amendment grounds to restrictions on newsgathering activities conducted at polling places during primaries and general elections.

Brian began his legal career at Cahill in 2000 and was elected a partner in 2009.