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.
Among his recent significant representative commercial litigation matters, Brian successfully arbitrated the purchase price of a commercial building on the campus of a large healthcare client. Following a successful week of lay and expert testimony before the arbitrator, the seller agreed to settle the case before a binding decision was rendered for a purchase price of $9.5 million less than the seller’s appraised value of the building.
Brian also recently represented a client being investigated by the New York State Attorney General related to claims of the unlawful corporate practice of medicine and fee splitting. Brian assisted this client, who had more than 400 employees—most of whom were licensed professionals—to restructure the company in a manner that was compliant with New York’s prohibitions against the corporate practice of medicine and fee splitting. As a result, the New York Attorney General discontinued its investigation of his client pursuant to an agreed Assurance of Discontinuance.
Estates and Trust Litigation
Experienced in defending fiduciaries of estates and trusts, prosecuting claims against fiduciaries in contested accountings and prosecuting will contests, Brian recently successfully prosecuted a claim against a trust fiduciary, having him removed as trustee for breach of his obligations and obtaining a surcharge judgment against the fiduciary in excess of $2.9 million.
Labor and Employment Litigation
In the employment law field, Brian counsels employers on a host of employment related issues, including compliance with various federal, state and local laws focused on discrimination and wage and hour requirements. He has lectured on these topics and other employment laws in various forums. In addition to counseling employers, Brian often defends their interests against claims of discrimination, harassment, retaliation and wage and hour violations in cases before the U.S. Equal Employment Opportunity Commission, the New York State Division of Human Rights and the New York State Department of Labor, as well as in federal and state courts. He is also well versed in the means available to employers to protect their proprietary business information. Brian has litigated numerous cases enforcing restrictive covenants and addressing the theft of corporate trade secrets.