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.
Honors & Affiliations
- Listed in:
- The Best Lawyers in America® 2018, Commercial Litigation; Litigation - Labor and Employment; Litigation - Municipal (listed for 5 years)
- Best Lawyers' 2018 Rochester Litigation – Municipal Lawyer of the Year
- Martindale-Hubbell®, AV Preeminent Rated
- Top-Rated Lawyer in Labor & Employment Law
- New York Super Lawyers 2017®, Business Litigation (listed for 10 years)
- New York State Bar Association
- Monroe County Bar Association
- 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.
- 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