Brian M. Rostocki Photo

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Brian is a partner in Reed Smith's Wilmington, Delaware office and he is a member of the firm’s Global Commercial Disputes Group. His practice emphasizes business and complex litigation, including litigating in the renowned Court of Chancery. Brian has appeared on behalf of the firm's clients in state and federal courts throughout the United States, including private arbitrations and mediations. Some representative samples of Brian’s experience include: actions to compel annual stockholder meetings; actions to confirm or contest the appointment or removal of officers or directors; actions seeking advancement or indemnification; actions to compel the inspection of corporate books and records; actions seeking an appraisal following a M&A transaction; posting closing dispute involving non-compete, non-solicitation, confidentiality and earn-out clauses; actions involving material adverse change (MAC) or material adverse event (MAE) clauses; stockholder class and derivative actions alleging fiduciary breaches; actions involving judicial dissolutions, deadlocks, receiverships, and business “divorces”; qui tam litigation under the Delaware and Federal False Claims Acts; real estate and construction finance litigation; and high value loan default litigation involving the world’s largest financial institutions. Brian also counsels clients on a variety of business, corporate, and escheat/unclaimed property issues.


  • Widener University School of Law, J.D., magna cum laude, Articles Editor of The Delaware Journal of Corporate Law
  • Wilmington University, B.S., Finance, summa cum laude, Sigma Beta Delta, Delta Epsilon Rho

  • Delaware

  • State Supreme Court - Delaware
  • U.S. District Court - District of Delaware
  • U.S. Court of Appeals - Third Circuit
  • U.S. Bankruptcy Court - District of Delaware

  • Certified Mediator: Delaware Superior Court and U.S. Bankruptcy Court for the District of Delaware
  • Former Special Deputy Attorney General, Delaware Department of Justice Lend-A-Prosecutor Program
  • Former attorney guardian ad litem, Delaware Office of Child Advocacy
  • Delaware State Bar Association, American Bar Association

  • Honorable Henry duPont Ridgely, Delaware Supreme Court
  • Honorable Myron T. Steele, Delaware Supreme Court

Awards & Recognition

  • Chambers & Partners (Chancery)
  • Delaware Super Lawyers: Business Litigation
  • Legal 500 USA
  • One of The Delaware Law Weekly's 2016 Delaware Lawyers on the Fast Track