Brett A. Buckwalter, Senior Counsel

Brett A. Buckwalter
  • (410) 783- 6426 direct
  • (410) 783- 6488 fax

Mr. Buckwalter is a member of the Firm’s Litigation Department of Niles Barton  and represents clients in a broad variety of cases across Maryland and the District of Columbia.  Brett draws on his 20 years of litigation experience in both private practice and as an in-house attorney, to help businesses and individuals overcome a myriad of legal issues.  Through this experience, Brett focuses on tailoring his representation to the client’s specific needs, working toward an effective resolution in an efficient and timely manner.  He is rated AV­ Preeminent® by Martindale-Hubbell, awarded by peer review, for the highest standards of professional skill and ethics.

Brett has extensive experience representing insurance companies and their insureds, including professionals and businesses in all matters of litigation.  This includes representing realtors, settlement agents, title abstractors, attorneys, mortgage and title companies, and insurance agents against claims of professional negligence and deceptive trade practices. He also defends individuals and business against wrongful death and serious bodily injuries claims, including claims arising out of premises liability, automobile accidents, and products liability. 

In addition, Brett represents businesses in various commercial and employment litigation matters, including employment discrimination claims, non-competition and trade secret disputes, and commercial contract disputes.

Mr. Buckwalter chairs the firm’s Employment Law practice, regularly counseling businesses on employment and personnel issues, drafting effective workplace policies and manuals, and complying with federal, state, and local employment laws. He also works regularly with clients to develop and maintain effective and proactive risk management policies to limit the number of employee or third party claims that may be made in the future and to ensure thorough and accurate investigation procedures are in place so that the client will be able to most effectively defend unavoidable claims that arise.

Brett returned to Niles Barton after spending 3 years as an in-house litigation attorney at a leading national personal installment lender, where he defended the company against all types of consumer claims, where he gained extensive experience defending claims arising under state consumer protection, fair lending, and debt collection laws, as well as federal laws such as the FCRA, TCPA, TILA, FDCPA, and Bankruptcy laws.  During this time, he also regularly worked on matters with outside counsel, gaining an invaluable perspective from the “client’s view”” relating to the importance of effective communication and collaboration between business and their counsel throughout the litigation experience.

Representative Cases

  • Remsburg v. Montgomery, 376 Md. 568 (2003) (hunting liability case)
  • State Farm Fire & Cas. Co. v. Carter, 154 Md. App. 400 (2003) (insurance - breach of contract)
  • Sigmund v. Progressive Northern Ins. Co., 374 F.Supp.2d 33 (D.D.C. 2005) (uninsured motorist claim)
  • MAIF v. John, 198 Md. App. 202 (2011) (insurance coverage - duty to defend)
  • Bowling v. PBG Long-Term Disability Plan, 584 F. Supp. 2d 797 (D. Md. 2008) (ERISA - Long-term disability benefits)
  • Janoska v. D.C. Dev., LLC, 2010 U.S. Dist. LEXIS 7643 (D. MD January 29, 2010) (Negligent Entrustment)

Bar Admissions

  • Maryland, 2000
  • U.S. District Court for the District of Maryland, 2001
  • District of Columbia, 2002
  • U.S. District Court for the District of Columbia, 2004
  • U.S. Court of Appeals for the D.C. Circuit, 2005
  • U.S. Court of Appeals for the Fourth Circuit, 2008

Education

  • University of Maryland School of LawBaltimore, MD
    J.D., 2000
  • University of PittsburghPittsburgh, PA
    B.S., 1997

Associations

  • Maryland State Bar Association
    Section of Litigation, Section of Negligence, Insurance & Worker's Compensation
    Section of Labor & Employment Law
  • District of Columbia Bar Association
    Section of Labor & Employment Law Section of Litigation
  • American Bar Association
    Section of Litigation; Tort, Trial and Insurance Practice Section
    Section of Labor & Employment Law
  • Maryland Defense Counsel, Inc.
  • Professional Liability Underwriting Society (PLUS)