Todd M. Brooks
Co-Chair of the firm’s Business Reorganizations, Bankruptcy and Insolvency Litigation Section, Mr. Brooks represents trustees, receivers, debtors, secured and unsecured creditors and other stakeholders in bankruptcy, receivership and insolvency proceedings—federal and state.
As special litigation counsel for trustees and receivers, Mr. Brooks has achieved substantial recoveries for the benefit of insolvent estates and their creditor constituencies. His other clients include real estate developers, telecommunications carriers, entertainment companies, banks and non-bank lenders, hospitality enterprises, manufacturers, chemical companies, luxury home builders, freight carriers, retailers, energy providers, entrepreneurs and individuals.
- Listed as a "Future Star" 2019 - present and in the "40 & Under Hotlist" 2017 - present by Benchmark Litigation
- Listed in Maryland Super Lawyers as a "Rising Star"
Memberships & Activities
- Member: American Bankruptcy Institute
- Member: Bankruptcy Bar Association for the District of Maryland (Baltimore)
- Member: American Bar Association
- Member: Maryland State Bar Association
- Judicial Clerk: The Honorable James A. Kenney, III, Maryland Court of Special Appeals (2006 - 2007)
- Comments Editor: University of Baltimore Law Review (2005 - 2006)
Special Counsel Services and Trustee/receiver Representations
- As special litigation counsel for the court-appointed receiver in a case commenced by the Securities & Exchange Commission, obtained a $10 million recovery on accounting malpractice claims arising out of public bond offerings for senior living facilities
- In proceedings in Maryland state court and before the Delaware bankruptcy court, counsel to the court-appointed receiver of the assets of an electrochemiluminescence (ECL) research and development company
- Represented a state-court receiver as special litigation counsel before the Maryland bankruptcy court in the successful prosecution of a motion to dismiss an involuntary chapter 11 bankruptcy petition
- In proceedings before the Virginia bankruptcy court (Eastern District), represented a chapter 11 trustee as special litigation counsel in the prosecution of avoidance actions to recover tens of millions of dollars of fraudulent and preferential transfers in connection with a fraudulent mortgage scheme
Bankruptcy litigation and business Reorganizations
- Co-counsel to several defendants in a lender-liability action before the Maryland bankruptcy court, involving a chapter 11 trustee’s lawsuit to recover over a billion dollars from major lending institutions
- Debtor’s counsel to a luxury home builder in a voluntary chapter 11 case before the Maryland bankruptcy court
- Represented the putative debtor in obtaining dismissal of an involuntary chapter 7 bankruptcy petition filed in the Maryland bankruptcy court
- Debtor’s counsel to a Maryland and Virginia real estate developer in a voluntary chapter 11 case before the Maryland bankruptcy court
Creditors' Rights and Preference Defense
- Represented a judgment creditor in Maryland state court to successfully petition for the appointment of a receiver to take control over the operations and assets of an insolvent real estate developer
- Counsel to freight-carrier defendants before the New Jersey bankruptcy court, in cases brought by a trustee to recover payments made to the carriers in connection with an alleged Ponzi scheme
- Counsel to a Maryland bank before the Illinois bankruptcy court (Northern District), involving a plan administrator’s action to recover pre-bankruptcy payments made to the bank in connection with an alleged fraudulent equipment leasing scheme
- In the Delaware bankruptcy court, counsel to creditors seeking the allowance of an administrative expense claim against the debtor for its use of licensed trademarks in connection with the debtor’s operation of a horse racetrack and two off-track wagering facilities in Indiana
Mr. Brooks has extensive experience in federal and state appeals on a wide range of civil issues and routinely handles criminal appeals in pro bono matters. Prior to joining Whiteford, Mr. Brooks was a judicial clerk for The Honorable James A. Kenney, III on the Maryland Court of Special Appeals. Representative cases include:
- In Lewis v. State, No. 44 (Sept. Term, 2019), Mr. Brooks is seeking the Maryland supreme court’s determination that law enforcement officers cannot arrest and search a person in Maryland solely because that person smells like marijuana
- In State v. Baker, 453 Md. 32, 160 A.3d 559 (2017), Mr. Brooks persuaded the Maryland supreme court that “double jeopardy” prevented prosecutors from pursuing a second trial against Whiteford’s pro bono client
- In Han v. Yancey (In re Kang), 2016 WL 6958438 (4th Cir. Nov. 29, 2016), the Fourth Circuit affirmed a multi-million judgment obtained by Whiteford’s client, a chapter 11 bankruptcy trustee, against a recipient of the debtor’s assets
- In State v. Hunt, 443 Md. 238, 116 A.3d 477 (2015), Mr. Brooks convinced the Maryland supreme court that his client was entitled to a hearing to present newly-discovered evidence that would potentially exonerate him
Four lawyers from Whiteford, Taylor & Preston have been named to the Benchmark Litigation Under 40 Hotlist: Todd Brooks, Aaron Casagrande, Katherine Good and Christopher Samis. Each has been identified by peers and clients as being among the most notable up-and-coming litigation attorneys in the United States. Mr. Brooks and Mr. Casagrande are the only two Maryland lawyers to have been selected for this national ranking. Ms. Good and Mr. Samis are two of only six Delaware lawyers chosen, and Whiteford is the only firm to have two Delaware lawyers recognized.
Forty-one Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland and Kentucky for 2017
Whiteford, Taylor & Preston is pleased to announce that 41 of its attorneys are listed among the 2017 Super Lawyers and Rising Stars in Maryland and Kentucky joining the sixteen who were listed earlier this year in Delaware, D.C., Pennsylvania and Virginia.
Whiteford, Taylor & Preston is pleased to announce that 43 of its attorneys are listed among the 2015 Super Lawyers and Rising Stars in Maryland.
Whiteford, Taylor & Preston is delighted to announce that Marla Diaz, a community associations lawyer, and Todd Brooks and Aaron Casagrande, both bankruptcy lawyers, have been named Partners of the firm, effective January 1, 2015.
In his congratulatory remarks, the firm’s managing partner, Martin T. Fletcher, said, “It is a privilege to welcome these exceptional attorneys into their new and expanded roles. Each has delivered tremendous value to clients and will make important contributions to the continuing growth of our firm.”
Fifty-One Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland; Two in Maryland Listed in "Top 100"
Whiteford, Taylor & Preston is pleased to announce that 54 of its Maryland-based attorneys are listed among the 2014 Super Lawyers and Rising Stars.
The firm is particularly proud of the young lawyers who are recognized as “Rising Stars” and the three partners who received special recognition -- Edward Buxbaum and Dwight Stone in the Top 100, and Mary Claire Chesshire in the Top 50 Women.
Whiteford, Taylor & Preston is pleased to announce that 64 of its attorneys are listed among the 2013 Super Lawyers and Rising Stars in three states.
The firm is particularly proud of the young lawyers who are recognized as “Rising Stars”; the four partners who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, William Ryan, and Dwight Stone; and the 16 who are named for the first time this year.
Forty-Six Whiteford, Taylor & Preston Attorneys Named Super Lawyers and Rising Stars in Maryland; Five in Maryland Listed in “Top 100”
The firm is particularly proud of the five who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, Paul Nussbaum, William Ryan, and Dwight Stone. Selection of the Top 100 lawyers in a jurisdiction is strictly based on the highest scores in the Super Lawyer judging process, and Whiteford is one of the two firms with the most names on the list.