- Securities Litigation
JD, Case Western Reserve University, 2010
- Dean's List
- CALI High 'A' Award for Evidence
- Recipient of Sidney H. Moss Award
- Member, McGee National Civil Rights Moot Court Team
BA, Coker College, cum laude, 2007
- National Dean's List, 12 semesters w/3.75 gpa or higher
- Dean's List
- Varsity Baseball: Four-year starter, two-year captain, 2006-2007
- Coker College Athlete-of-the-Year and finalist for conference Athlete-of-the-Year award
- State of Ohio, 2010
- State of Indiana, 2011
- U.S. District Court, Northern District of Indiana, 2011
- U.S. District Court, Southern District of Indiana, 2011
- U.S. District Court, Northern District of Ohio, 2011
- U.S. District Court, Southern District of Ohio, 2011
Clients deserve an attorney who can provide a steady hand, guiding and protecting them through difficult times.
Brian is a Partner practicing out of Reminger’s Cleveland and Indianapolis offices. His national litigation practice focuses on securities litigation and arbitration, business and commercial litigation, directors and officers liability, and employment law. Brian has served as lead counsel in litigation or arbitration disputes in Ohio, Indiana, Michigan, Minnesota, Wisconsin, Louisiana, and Kentucky, and regularly represents clients in state and federal court, as well as arbitration before the Financial Industry Regulatory Authority (FINRA) arbitration and American Arbitration Association (AAA).
Brian has experience representing clients in the financial services industry in government regulatory investigations and enforcement actions brought by FINRA, the Securities and Exchange Commission, professional boards (e.g, the CFB Board), the department of securities, the department of insurance, and the Internal Revenue Service. He also has experience representing companies and individuals with employment and discrimination-related issues before the U.S. Department of Justice, the U.S. Department of Housing and Urban Development, the U.S. Equal Employment Opportunity Commission, the Ohio Department of Jobs and Family Services, and/or the Ohio Civil Rights Commission.
For three consecutive years (2014, 2015, and 2016), Brian has been recognized as a “Rising Star” by Ohio Super Lawyers Magazine, a recognition given to less than 2.5% of lawyers in the State of Ohio. He is also Chair of Reminger’s Electronic Discovery Group, which was created to address clients’ needs surrounding the preservation, collection, and production of electronically stored information (ESI).
After obtaining his undergraduate degree, cum laude, from Coker College, Brian spent time in the financial services industry as a summer equity research analyst for Jefferies & Co. in New York. Brian went on to attend Case Western Reserve University School of Law, where he was a member of the McGee National Civil Rights Moot Court Team, member of the Dean’s List, recipient of the CALI High ‘A’ Award Winner for Evidence, and recipient of the Sidney H. Moss Award.
- Obtained jury trial, defense verdict (as first chair) on behalf of business owner and company accused of breach of contract, fraud, and conversion arising out of livestock investments.
- Obtained bench trial, defense verdict (as first chair) on behalf of trucking distribution company.
- Obtained defense verdict (as second chair) on behalf of securities Broker-Dealer in FINRA arbitration involving claims under the Indiana Securities Act, breach of fiduciary duty, fraud, unsuitable recommendation of variable annuities, and more.
- Represented numerous securities Broker-Dealers and FINRA Registered Representatives in numerous FINRA arbitrations involving Real Estate Investment Trusts (REITs), Tenant-In-Common investments (TICs), Oil & Gas investments, Direct Participation Programs (DPPs), Limited Partnership, Business Development Companies (BDCs), promissory notes, private placements, variable annuities, universal variable life insurance policies, 1031 and 1035 exchanges, churning, options trading, fraud, Securities Act claims, and Ponzi-scheme allegations, among others.
- Obtained dismissal of federal court lawsuit involving claims of copyright and trademark infringement.
- Obtained summary judgment on behalf of national media company in federal lawsuit for race and gender discrimination claims under Title VII.
- Obtained summary judgment in commercial litigation involving claims of alleged price manipulation.
- Obtained dismissal of all claims on behalf of financial services company in case involving Ohio Consumer Sales Practices Act (CSPA).
- Obtained dismissal of all claims on behalf of financial services company in case involving Ohio’s Transfer to Minor Act (UTMA).
- Successfully defended client in business litigation surrounding a $6 million cognovit promissory note and judgment, and obtained vacature of entire $6 million judgment and a no-pay resolution and dismissal of all claims.
- Represented founder of crowdfunding platform in defense of enforcement action filed by Ohio Department of Securities alleging securities fraud.
- Successfully represented and resolved numerous shareholder disputes through pre-suit negotiations, within state-court litigation, and AAA arbitrations.
- Successfully defended company in dispute involving alleged breach of fiduciary duty and mismanagement of Employee Stock Ownership Plan (ESOP).
- Successfully defended and resolved dispute between FINRA Broker-Dealers. Plaintiffs sought more than $1 million for alleged violation of non-compete and non-solicitation agreements, conversion, and violation of Trade Secrets.
- Defended lawsuit against investment professionals and wealth management firm involving claims under the Investment Advisers Act of 1940, the Ohio Securities Act, fraud, conversion, among others. Plaintiffs sought to recover over $10 million in damages.
- Defended lawsuit involving negligently prepared audited financial statements for defunct company and allegations of accounting and bank fraud. Plaintiffs sough to recover more than $2 million.
- Defended multiple lawsuits filed by investors against client over audited financial statements of bankrupt company. Plaintiffs sought to recover more than $22 million.
- Successfully defended financial planner in CFP Board investigation, resulting in finding no wrongdoing.
- Successfully defended business owner in U.S. Department of Housing and Urban Development (“HUD”) investigation, resulting in closing of file and finding no wrongdoing.
Honors & Recognitions
Recognized as a Rising Star by Ohio Super Lawyers Magazine
Member of the Coker College Alumni Board of Directors
Professional Memberships & Community Affiliations
Cleveland Metropolitan Bar Association
Ohio State Bar Association
Indiana State Bar Association
Defense Research Institute
Securities Industry and Financial Markets Association
- E. Johnson vs. L. Painter and Painter Financial, LLCNovember 2, 2016, Defense VerdictJefferson County
FINRA arbitration of broker/dealer financial services liability claim
- December 30, 2015, Motion For Summary JudgmentU.S. District Court for the Southern District of Indiana
- December 30, 2015, Court granted summary judgment in our favor on all claimsU.S. District Court for the Southern District of Indiana
- U.S. Bank v. Brown v. Erieview v. MRK Title Research:March 20, 2015, Motion For Summary Judgment GrantedCuyahoga
Defense of title company E&O claim
- Gebbie v. Southwest Financial Services, LTDFebruary 23, 2015, Motion for Judgment on the Pleadings grantedU.S. District Court, Southern District of Ohio
Defense of financial services professional liability claim
- D. Kapoor v. Dybwad Financial & Insurance ServicesAugust 29, 2014, Granting of Motion to DismissMarion County, IN
Defense of financial services error & omission claim
- U.S. Dept. of Housing& Urban Development (HUD) v. D. GallagherJune 30, 2014, Dismissal of investigation without payment of monetary penaltiesCuyahoga
Defense of alleged
HUD housing violations and mortgage fraud
- Modern Poured Walls, Inc. vs. McMillen Homes, Inc. and Shawn Kimble v. Schill Architecture, LLCJanuary 22, 2014, Summary Judgment GrantedLorain
Defense of architectural errors and omission claim
- December 26, 2013, Judgment Reversed8th Appellate Dist
Plaintiff appealed adverse trial courts dismissal of complaint against financial institution defendants asserting claims of defamation and deceptive trade practices.
- CFP Board v. Thomas M. Archer, CFP, ChFC, CASLApril 30, 2013, Chicago, ILDismissal of Action
Defense of disciplinary action by Certified Financial Planning Board
- L. Richardson v. Founders Financial Securities LLCDecember 14, 2012, Favorable OutcomeDetroit, MI
FINRA arbitration defense of financial services professional liability claim
- Stonegate Mortgage Corp. v. GallagherSeptember 17, 2012, Motion for Judgment on the Pleadings grantedMarion County, IN
Obtained dismissal of all claims in a commercial dispute.
- Baldwin v. Dept. of Jobs and Family Services, et. al.August 2, 2012, Dismissal of AppealMontgomery
Successfully obtained dismissal of appeal filed by employee seeking reversal of Unemployment Compensation Review Commission’s denial of unemployment benefits.
- Bryan West vs. W.H. Colson Securities, Inc., et al.May 23, 2012, Motion To DismissLorain
Claims of negligence/breach of fiduciary duty for alleged mishandling of a UTMA account.
- Potter v. Rasche, et al.May 11, 2012, Motion to Dismiss GrantedFINRA Arbitration
Obtained dismissal of all claims in representation of a FINRA registered representative in a FINRA arbitration proceeding.
- T. Krizman v. CFD Investment Inc.December 23, 2011, Award for DefendantIndianapolis, IN
FINRA Securities Arbitration defense involving claim of unsuitability of variable annuity products to plaintiffs
- Davitz v. The Investment Center, Inc.June 6, 2011, Partial Granting of Motion to DismissFINRA Arbitration
Partial granting of Motion to Dismiss in connection with the defense of a broker-dealer in a FINRA arbitration proceeding
- Baldwin v. NRP Management, LLCMay 19, 2011, Dismissal of all chargedOhio Civil Rights Investigation
Obtained a finding of 'No Probably Cause' and dismissal of an Ohio Civil Rights Commission investigation of an employment discrimination charge.
- Press Release, December 2, 2016
- Press Release, January 28, 2016
- Press Release, December 2, 2015
- Press Release, February 2, 2015
- Press Release, December 3, 2014
- Press Release, October 7, 2014
- Selection Includes 30 Super Lawyers and 16 Rising Stars Across Ohio and KentuckyPress Release, December 5, 2013
- Reminger Attorney and Case Western Reserve University School of Law Alum Brian P. Nally Appears in Promotional VideoOctober 21, 2011
- Expert Witnesses: Using Ohio Court Rules to Your Advantage(1) Applying the Rules of Evidence to Expert Reports, and (2) Expert Witness Depositions: Adhering to the Rules.Cleveland, OH, May 24, 2017
- Discovery Under the New Federal Rules of Civil Procedure, Cooperation Between Counsel and Following the Proportionality Standard During DiscoveryCleveland, OH, March 24, 2017
- Trends in Life Agent and Broker/Dealer ClaimsTampa, FL, February 27, 2017
- Phoenix, AZ, September 28, 2016
- Trends and Best Practices in FINRA Arbitrations, Investigations and Enforcement ActionCleveland, OH, August 18, 2016
- Trends and Best Practices in FINRA Arbitration, Investigations and Enforcement ActionsCleveland, OH, August 12, 2016
- Arbitration v. Litigation and Dodd-Frank Act and the Proposed Uniform Fiduciary Duty7th Annual Independent Broker-Dealer Conference, Coral Gables, Florida, October 22, 2015
- Proposed Uniform Fiduciary DutyIndependent Broker Dealer Conference Consortium, Coral Gables, FL, October 22, 2015
- Defense Perspectives in ArbitrationOhio Association for Justice, Columbus, OH, November 6, 2014
- Importance of Expungement in Alleged Security ViolationsZurich Insurance FI, D&O and EPL Claim Department Seminar, New York, NY, September 30, 2014
- Best Practices in Responding to E-DiscoveryCleveland Academy of Trial Counsel Association - Cleveland, OH, January 30, 2014
- The Dodd-Frank Recent Legislation Effect on Legal Counsel and Insurance Brokers - Ancora GroupCleveland, OH, March 22, 2011
- The Primer on Dispute Resolution under FINRA - Cedarbrook Financial PartnersCleveland, OH, January 28, 2011
- Newsletter, February 6, 2017
- Reminger Co., LPA Financial Services Professional Liability Winter 2016 Newsletter, February 12, 2016
- Financial Services Professional Liability Fall 2015 Newsletter, September 1, 2015
- May 2015 CalSurance Newsletter, June 1, 2015
- CalSurance Newsletter, February 18, 2015
- Crain's Cleveland Business, November 18, 2014
- Protect Your Business, The E-Discovery ProcessCrain’s Cleveland Business, November 17, 2014
- SEC and Courts May Consider Events Outside of Five Year Statute of Limitation in Crafting Enforcement SectionsCalSurance Quarterly Newsletter, August 18, 2014
- CalSurance Investment Advisor Perspectives - May 2014 Issue, May 15, 2014
- Financial Services Professional Liability Newsletter-Spring 2014, May 7, 2014
- CalSurance Investment Advisor Perspectives-February 2014 issue, February 11, 2014
- Arbitration Fairness Act - Part IICalSurance Quarterly Newsletter, November 11, 2013
- CalSurance Investment Advisor Perspectives Quarterly Newsletter, July 30, 2013
- D&O and Employment Practices Newsletter, April 15, 2013
- September 10, 2012
- Controversial Appointment of Cordray Is First Step in Federal Government's More Active Role In Consumer Financial ProtectionFinancial Services Professional Liability E-Newsletter, February 9, 2012
- Crain's Cleveland Business - November 7, 2011, November 7, 2011
- Recent Updates Related To The Fair Labor Standards ActEmployment Practices Group E-Newsletter - Summer 2011, July 1, 2011
- When Can Employers Be Held Liable For The Sexual Harassment of Third PartiesEmployment Practices Group E-Newsletter - Summer 2011, July 1, 2011
- E-Newsletter -Financial Services Professional Liability Group, June 1, 2011
- April 7, 2011
- April 7, 2011
- By Brian NallyAugust 22, 2016
- October 1, 2013
- October 1, 2013
- May 23, 2013
- February 7, 2013