Overview

Brian is a litigator with experience in complex commercial disputes, business torts, and unfair trade practices claims. He has won notable victories at both the trial and appellate levels and in obtaining injunctive relief and pre-judgment security. Brian’s practice demonstrates innovation and efficiency in domestic and cross-border disputes that involve intellectual property, with a particular focus on trade secret litigation, business transactions, fiduciary claims, non-competition claims, investor protection and activist shareholders, antitrust and unfair and deceptive trade practices, product liability, close corporation claims, wrongful termination and unfair and bad faith settlement practices. In light of Brian’s background with complex commercial disputes, he often assists his clients with negotiating, drafting, reviewing and revising employment and severance agreements, intellectual property licensing agreements, security agreements and non-disclosure agreements, among other commercial agreements. He also routinely advises clients on corporate governance issues and risk management and mitigation.

Brian represents a diverse range of clients in a variety of industries, including venture capital, aviation, real estate development and finance, consumer finance, banking, manufacturing, retail, medical devices, securities, licensees and licensors, and insurance.

Formerly a public affairs counselor for multinational corporations and foreign governments, Brian also provides clients with counsel on internal and external communication and issues management strategies to control corporate messaging during the crisis / litigation lifecycle.

Education

  • Northeastern University School of Law (J.D.)
  • University of Rhode Island (B.A.)

Admissions

  • Massachusetts
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
Representative Matters
  • Representation of foreclosing lenders and law firms in defense of class claims asserting wrongful foreclosure and violations of the Fair Debt Collection Practices Act and state consumer protection statutes.
  • Successful defense of real estate developer in contract and misrepresentation claims alleging multi-million dollar damages in sale of commercial property resulting from disclosures of environmental conditions.
  • Representation of international hedge fund and investment advisor regarding various allegations of fiduciary breaches and investor protection actions and involving litigation management of cross-border claims and foreign suits.
  • Defense and securing of summary judgment against breach-of-contract claims in the sale of an international sporting goods manufacturer, a case that involved complex intellectual property transfer and creditor’s rights issues.
  • Defense and securing of summary judgment for a venture capital group in a large shareholder protection action involving novel stock pricing, fiduciary duty and close corporation status issues.
  • Representation of business jet manufacturer and general aviation company concerning breach of contract and bad faith claims.
  • Representation of plastics manufacturer in various antitrust and trade secret misappropriation claims involving alleged multi-million dollar damages and use and production injunctions in state and federal courts.
  • Representation of founders of an outsourcing waste management start-up in prosecuting breach of contract and misappropriation of trade secret claims against a multinational home retailer.
  • Successful prosecution of wrongful termination and breach-of-contract claims before a Financial Industry Regulatory Authority (FINRA) arbitration panel.
  • Successful defense of a $5.6 billion Real Estate Investment Trust (REIT) – including appeals at all levels – in a multimillion dollar leaseback and property exchange dispute.
  • Representation of former employees of a publicly traded technology company in a multi-million dollar lawsuit involving allegations of breach of non-compete agreements and usurpation of corporate opportunities.
  • Representation of international defense contractor in various actions alleging radioactive contamination and improper processing and remediation of radioactive byproducts.
Seminars / Publications
  • Banning Non-Competes May Not Happen After All, But Employment Attorneys See An Upside To Having The Conversation, Boston Business Journal, June 27, 2014, (Quoted).
  • Mass. Atty Fee Ruling Could Expand In-House Counsel's Role, Law360 - Lexis Nexis, June 12, 2014, (Quoted).
  • Preparing For The End Of NonCompetes - Massachusetts' Proposed Ban, Boston Business Journal, June 6, 2014, (Author).
  • Summary Update On The Law Of Chapter 93A, JD Supra, May 2014, (Co-Author).
  • Enhanced Remedies In IP Disputes Under Chapter 93A, Massachusetts Lawyers Weekly, September 12, 2013, (Co-Author).
  • Contributing Author, 3rd edition of Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property – American Bar Association.
Honors
  • Named a Massachusetts Super Lawyer, 2015 and 2016.
  • Named 2013 Commercial Litigator of the Year by Finance Monthly Magazine.
  • Named a Massachusetts Rising every year since 2007 by the publishers of Super Lawyers and Boston Magazine.
  • Selected by Northeastern University School of Law faculty as Academic Tutor for Real Property and Exam Skills Workshop.

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Professional Affiliations
  • Boston Bar Association, Member of Financial Services, Intellectual Property, and Litigation Sections; former member, Task Force on Work-Life Balance.
  • Member, Massachusetts Defense Lawyers Association.
  • Defense Research Institute.
In the Community
  • Vice Chair, City Year Legal Community Leadership Committee.
  • Victory Programs, Inc.
  • Marblehead Festival of Arts, Finance Committee.
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