Brian M. Gottesman, Partner

Brian M. Gottesman has been a partner with Berger Harris since shortly after its founding, and is the head of its Corporate/Business Entity Counseling practice group. He has extensive experience counseling corporations and closely-held alternative entities (including limited liability companies, Delaware statutory trusts, and limited partnerships) on issues relating to their governance and management.

Brian has served as counsel in acquisitions, business formations, the establishment of subsidiaries and holding companies and sales of assets and equitable interest. He also provides opinions on Delaware law relating to limited liability companies, business trusts and other Delaware entities involved in real estate acquisitions, structured finance deals, business mergers and other transactions.

In addition to his transaction work, Brian has extensive experience with litigation in Delaware courts, particularly in the Court of Chancery. Brian has represented clients in breach of contract, breach of fiduciary duty and business divorce actions, as well as a wide array of other corporate and commercial litigation matters.

Brian graduated from Harvard Law School in 2003. Prior to joining Berger Harris, he was a member of the Business Law and Venture Capital practice groups at the law firm of Connolly Bove Lodge & Hutz LLP, where he worked with clients ranging from multinational conglomerates to single-member startups.

Brian has written numerous articles dealing with limited liability companies and Delaware statutory trusts, as well as the history of trade and trade law. He is the general editor and co-author of the Delaware Statutory Trusts Manual (Matthew Bender, 2010).

Brian is also active in the community. He serves pro bono as an attorney guardian ad litem for the Office of the Child Advocate. Brian is a member of the Richard S. Rodney Inn of Court and the Carpenter-Walsh Pro Bono Inn of Court, and served from 2004 until 2009 as an Associate Member of the Delaware Board of Bar Examiners.

Education

  • J.D., Harvard Law School
  • B.A., University of Rochester (Magna Cum Laude)

Admitted to Practice

  • Delaware
  • United States District Court District of Delaware
  • United States Court of Appeals for the Third Circuit
  • District of Columbia

Membership

  • American Bar Association
  • Carpenter-Walsh Pro Bono Inn of Court
  • Delaware Bar Association
  • Delaware Board of Bar Examiners (Associate Member 2004 – 2009)
  • Harvard Law School Association
  • Phi Alpha Theta
  • Phi Beta Kappa
  • Richard S. Rodney Inn of Court

Honors and Awards

  • Super Lawyers:  Delaware Rising Stars, 2013
  • Super Lawyers:  Delaware Rising Stars, 2012
  • Office of the Child Advocate, 5 Year Volunteer Service Award, 2009

Publications

  • Brian Gottesman, Karabag, Encyclopedia of Modern Asia, Vol. 3, (Charles Scribner’s Sons, 2002).
  • Brian Gottesman, Piracy, Encyclopedia of World Trade: From Ancient Times to the Present, Vol. 3 (M.E. Sharpe, 2005).
  • Brian Gottesman and Richard Levin, Delaware Entities and Opinion Letters, Commercial Real Estate Financing 2006: What Borrowers and Lenders Need to Know (Practising Law Institute, 2006).
  • Brian Gottesman, Gudmund’s Solution, The Bencher: The Magazine of the American Inns of Court (March/April 2006).
  • Brian Gottesman, The Silent Wife, In Re: The Journal of the Delaware State Bar Association (November 2006).
  • Brian Gottesman and Scott Swenson, More than Bargained For? Topics for Consideration in the Issuance and Acceptance of Delaware LLC Opinions, 81-FEB N.Y. St. B. J. 20 (2009).
  • Brian Gottesman, et al., Delaware Statutory Trusts Manual(Matthew Bender, 2010).
  • Brian Gottesman, et al., Litigating the Business Divorce (BNA, forthcoming 2015)