Profile

Brian is an experienced litigator bringing business, trust and estates, and employment lawsuits to verdict for clients. His reputation as an aggressive litigator with a focus on commercial cases has helped him successfully handle a wide range of matters, including cases related to real estate and commercial leases, business contracts and torts and corporate dissolution proceedings.

Brian was one of the principal attorneys who successfully defended two Upstate New York municipalities in Indian land claim and related litigation in the matter of Cayuga Indian Nation of New York v. Pataki. Having nearly two decades of experience in Native American Law, he also advises clients on the complexities of business and municipal relationships with tribal entities.

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  • Listed in:
    • The Best Lawyers in America®, Commercial Litigation; Litigation - Labor and Employment; Litigation - Municipal, 2013-2022 (listed for more than 5 years)
      • Lawyer of the Year - Rochester, Litigation – Municipal, 2018; 2022
    • New York Super Lawyers®, Business Litigation, 2021 (listed for more than 10 years)
    • Martindale-Hubbell®, AV Preeminent Rated
      • Top-Rated Lawyer in Labor & Employment Law
  • New York State Bar Association
  • Monroe County Bar Association
  • Fellow, Trial Lawyer Honorary Society

Commercial Litigation

  • Represented a precision tool manufacturer in a technically complex breach of contract action related to a machine tool purchase. Obtained a successful verdict following trial and judgment in excess of $1 million.
  • Successfully represented a U.S. biodiesel manufacturer against a German biodiesel production plant manufacturer with respect to claims related to the failure of a biodiesel production plant to produce at the quantity and quality specified in the parties' contract.
  • Represented a national shopping center developer in a commercial action alleging the breach of commercial lease and personal guaranty. Resulted in a significant settlement of over $900,000.00.
  • Represented a national bank against claims of discriminatory banking practices. Obtained summary judgment dismissing the complaint following a hearing seeking injunctive relief.
  • Represented a church Diocese in an action alleging breach of fiduciary duty. Obtained summary judgment dismissing plaintiff's complaint. Special Term decision affirmed by the New York Court of Appeals.

Estates and Trust Litigation

  • Represented three beneficiaries of a trust and established that the trustee failed to manage the trust prudently and engaged in self-dealing resulting in a surcharge against the trustee in excess of $2.9 million.
  • Currently representing beneficiaries of an estate where the Executor purportedly failed to account for a significant asset of the estate, claiming it in his personal capacity.
  • Represented two beneficiaries of a trust seeking to have the trustee removed due to breach of his obligations in managing the trust and surcharged for losses incurred by the trust. Obtained judgment removing the trustee and, following a summary judgment motion, the trustee agreed to disclaim his interest in the trust.

Employment Litigation

  • Represented a delivery company and specific members of its management alleged to have engaged in unlawful workplace discrimination by creating a hostile work environment on the basis of inappropriate conduct. Successfully obtained a no-cause verdict following trial.
  • Successfully defended a racing association in a collective and class action alleging failure to pay overtime.
  • Represented a Fortune 500 manufacturing company alleged to have engaged in unlawful workplace discrimination on the basis of gender. Obtained summary judgment dismissing the complaint.

  • Ministry Leader, City of Refuge Ministry - served in several missionary trips to Guatemala and Venezuela