Brian W. Cook

Brian Cook, a counsel in the firm's Complex Litigation & Dispute Resolution practice, focuses his practice on complex business disputes, particularly in the hospitality and real estate industries. Every company and individual has some relationship to real estate, whether through ownership, leasing, or investment. Inevitably, many of those real estate relationships give rise to disputes. Mr. Cook, a co-Leader of Goodwin’s Real Estate Litigation Legal Practice Area, regularly helps Goodwin’s clients resolve those disputes, usually without the need for expensive, protracted litigation. Through more than a decade of practice, he has developed keen insights into the form and function of a variety of real estate-related contracts, and knows how to apply the facts of a particular situation to develop a strategy to resolve disputes quickly and efficiently. He regularly advises real estate players, including hotel management companies, hotel and other property owners, real estate developers and investors, institutional landlords, and property managers, as well as private equity firms, life sciences companies, and manufacturers in connection with matters touching on real estate (including its development, acquisition, disposition, management, and leasing).

Mr. Cook also regularly prosecutes and defends complex commercial disputes on behalf of a variety of clients, including hotel management companies, private equity firms, manufacturers, and life sciences companies. He has been involved in multiple arbitrations and trials of breach of contract, fraud, and other related claims in state and federal courts across the country. Mr. Cook also advises many of his clients on pre-dispute litigation risk and mitigation, the negotiation of dispute resolution provisions, and assessing potential claims and defenses as business disputes arise. He also has significant experience responding to third-party discovery requests and subpoenas in Massachusetts state courts. Mr. Cook joined Goodwin in 2011.

In 2015, Mr. Cook served as a Special Assistant District Attorney for Middlesex County, Massachusetts. In that capacity, he prosecuted felony and misdemeanor crimes, including over a dozen bench and jury trials to final verdict as well as arguing numerous dispositive and evidentiary motions.

While attending law school, Mr. Cook was the Managing Editor of the “Annual Review of Criminal Procedure,” a publication of the Georgetown Law Journal.

Among his significant matters, Mr. Cook has in recent years:

Hospitality Matters

• Defended a hotel management company in a decades-long dispute with a hotel owner, including multiple rounds of arbitration and a multi-million dollar prevailing party fee award.
• Advised multiple hospitality clients on the drafting and negotiation of hotel management and hotel development agreements, including dispute resolution clauses.
• Advised multiple hospitality clients on a variety of disputes arising out of hotel management and hotel development agreements.
• Represented a hospitality client in the resolution of a trademark dispute.
• Represented a hotel management company in securing damages after the premature termination of its hotel management agreement.
• Represented the owner of multiple hotel properties in disputes with its management company and lender.

Real Estate Matters

• Defended a real estate investment company against claims seeking to invalidate an appraisal in connection with the purchase of a property, securing dismissal and affirmation by the Massachusetts Supreme Judicial Court.
• Represented multiple owners and developers of commercial property in connection with actual and potential disputes related to permitting, zoning, boundary, encumbrance, and other real estate issues.
• Represented multiple owners, investors, and developers of commercial property in disputes with their partners and joint venturers.
• Advised commercial landlords, private equity portfolio companies, life science companies, high net-worth individuals and other non-real estate industry players in connection with leasing disputes.

Complex Commercial Matters

• Represented a private equity firm and its portfolio company in securing a finding by the Delaware Chancery Court that the portfolio company’s former CEO perpetrated a fraud in order to sell the company.
• Defended a food container manufacturer in a dispute arising under a decades-long supply agreement.
• Representing a lighting manufacturer in a cross-border dispute arising upon termination of its sales representative.
• Representing a private equity client in several disputes related to an investment property and advising on the marketing and sale of the same property.
• Defended a pharmaceutical company from breach of contract claims arising from the sale of its animal health subsidiary.

Pro Bono Matters

• Advised a variety of small business owners (including especially early childhood education providers) on their contractual rights and obligations in light of the COVID-19 pandemic and resulting shutdown orders.
• Represented a land conservation group in multiple disputes over the issuance of zoning permits for improvements to conservation properties in Massachusetts, including to trial in the Land Court.
• Represented a land conservation group in enforcing its rights in connection with the development of a neighboring property.
• Represented an undocumented minor in obtaining Special Immigrant Juvenile status and a work permit, and establishing permanent residency, including in proceedings before the Probate and Family Court, the Court of Appeals, the Immigration Court, and the United States Customs and Immigration Service.
• Served on the leadership team for Goodwin’s participation in GLAD’s Pop-Up Transgender ID Project.