Brooke M. Rotstein

Brooke Rotstein is a Partner in the firm’s Litigation practice group, specializing in commercial and insurance coverage litigation. She has extensive experience in the storage, transportation, and warehousing industries in addition to the camp and youth program sector.

Ms. Rotstein has 20 years of experience in the practice of law with 15 years of high-profile trial and litigation experience at an AmLaw 100 firm where she represented numerous insurance companies in coverage and bad faith litigation arising out of commercial general liability, excess, condominium, trucking, directors & officers, homeowners, automobile, and jewelers block policies as well as insurance defense litigation involving professional liability, premises liability, products liability, construction defect, and personal injury cases. Ms. Rotstein also represented the largest self-storage owner-operator in contract disputes involving fees, lien sales and allegations of consumer fraud and unfair competition as well as various real estate, licensing, tax, zoning, and ordinance disputes with local municipalities across the country.

Ms. Rotstein served as V.P. and General Counsel for a leading consumer storage business where she developed from the ground up the company’s legal department, advising the business on both corporate and litigation matters. Ms. Rotstein provided strategic legal advice on corporate governance, commercial contracts, data privacy and security, intellectual property, employment, litigation, claims and risk management. She also led the company through a merger of equals by managing the due diligence process and post-closing integration.

Representative Experience

• Handled nationwide litigation for self-storage facility clients including commercial liability matters, premises liability and eviction cases, temporary restraining orders and preliminary injunction petitions, and consumer fraud actions.
• First chaired several bench trials defending national self-storage facility in breach of contract and consumer fraud actions.
• Drafted, reviewed, interpreted, and negotiated agreements covering the full scope of a consumer storage company’s activities, including corporate and financial transactions, M&A matters, commercial agreements, vendor agreements, service agreements, partnership agreements, and marketing agreements.
• Negotiated joint venture partnership and operating agreements on behalf of tech-enabled consumer storage company with global joint venture storage and logistics partner.
• Developed novel solution for valet storage company to satisfy licensing requirements to satisfy licensing requirements for each new market’s storage, transportation and warehousing licensing requirements and tax codes.
• Strategized with company and regulators proper permitting required under state regulations for transportation, storage, and warehousing aspects of storage and moving company offerings before and after merger.
• Managed large third-party and first-party coverage caseload including insurance coverage and bad faith litigation from claim inception through trial and appeals, including successful drafting of appellate briefs and arguing of appeals involving complex insurance coverage issues.
• Participated in a six-week trial in London, Kentucky involving excess policy property damage claims resulting from catastrophic chemical dust explosion at automotive insulation plant and litigated related declaratory judgment actions in multiple jurisdictions regarding bad faith and indemnity issues resulting in multi-million-dollar recovery for insurance company client.