Overview

Brian is a Shareholder practicing out of Reminger’s Cleveland and Indianapolis offices, as well as the Chair of Commercial Litigation and eDiscovery Practice Groups. His national litigation practice focuses on securities litigation and arbitration, business and commercial litigation, and directors and officers liability litigation.

Brian has served as lead counsel in litigation and arbitration disputes in Ohio, Indiana, Michigan, Minnesota, Wisconsin, Louisiana, and Kentucky, and regularly represents clients in state and federal court, as well as arbitration.  

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. 

His commercial/business litigation practice involves the representation of clients in "shareholder disputes," as well as complex commercial litigation.

For seven consecutive years (2014 through 2020), 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. Brian is "Rated AV® Preeminent™" for "Very Highly Rated in Both Legal Ability and Ethical Standards" by Martindale Hubbell Peer Review. 

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 prior to attending Case Western Reserve University School of Law.

Representative Experience

  • 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



Rated AV® Preeminent™: Very Highly Rated in Both Legal Ability and Ethical Standards by Martindale Hubbell Peer Review


Community & Professional

Cleveland Metropolitan Bar Association

Ohio State Bar Association

Indiana State Bar Association

Defense Research Institute

Securities Industry and Financial Markets Association

TAB (The Alternative Board)  

Results

For a more complete list of trial results, please contact attorney.

News

Speaking Engagements

  • Updates and Trends in Accounting Malpractice, Securities Litigation and Banking Disputes
    Webinar, Jan 21, 2020
  • Rogue Brokers – Issues and Strategies for Risk Officers
    Los Angeles, CA, Dec 4, 2019
  • Strategies for Addressing New or Novel Damage Theories
    San Diego, CA, Oct 28, 2019
  • Rogue Brokers – Tips and Strategies for Representing the Firm
    San Diego, CA, Oct 28, 2019
  • Technology for E-Discovery
    Denver, CO, Aug 15, 2019
  • Updates on D&O Liability and Coverage
    Jersey City, NJ, Jun 12, 2019
  • How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out), Practical Examples, Handy How-to’s and Sample Screen Shots
    Cleveland, OH, Apr 9, 2019
  • The Arbitration Process
    Cleveland, OH, Mar 21, 2019
  • Webinar, Mar 20, 2019
  • Proposed ‘Best Interest’ Standard for Brokers: What Is It and Why You Need to Know
    Webinar, Nov 9, 2018
  • Mutual Fund Due Diligence and theSupervision of Dually Registered Representatives
    Amelia Island, FL, Oct 16, 2018
  • Suing and Collecting from Insolvent Broker‐Dealers: Interplay Between Bankruptcy and FINRA Cases
    Bonita Springs, FL, Oct 11, 2018
  • Who is a Fiduciary and Why it Matters and Tips for Financial Services Compliance and Risk Management
    Philadelphia, PA, Sep 12, 2018
  • Concentration Limits: How Much is Too Much?
    Los Angeles, CA, Aug 15, 2018
  • Supervising Dually Registered Representatives
    Los Angeles, CA, Aug 14, 2018
  • Independence, OH, Jun 28, 2018
  • Cryptocurrencies and Initial Coin Offerings
    Webinar, Apr 24, 2018
  • Theft vs. Selling Away—Is there a Distinction?
    Tampa, FL, Feb 26, 2018
  • Webinar, Feb 13, 2018
  • Reminger Co., LPA - 101 West Prospect Avenue, 9th Floor (Sherwin Williams Midland Building), Nov 15, 2017
  • Expert Witnesses: Using Ohio Court Rules to Your Advantage
    Cleveland, OH, May 24, 2017
  • Discovery Under the New Federal Rules of Civil Procedure, Cooperation Between Counsel and Following the Proportionality Standard During Discovery
    Cleveland, OH, Mar 24, 2017
  • Trends in Life Agent and Broker/Dealer Claims
    Tampa, FL, Feb 27, 2017
  • Phoenix, AZ, Sep 28, 2016
  • Trends and Best Practices in FINRA Arbitrations, Investigations and Enforcement  Action
    Cleveland, OH, Aug 18, 2016
  • Trends and Best Practices in FINRA Arbitration, Investigations and Enforcement Actions
    Cleveland, OH, Aug 12, 2016
  • Proposed Uniform Fiduciary Duty
    Independent Broker Dealer Conference Consortium, Coral Gables, FL, Oct 22, 2015
  • Arbitration v. Litigation and Dodd-Frank Act and the Proposed Uniform Fiduciary Duty
    7th Annual Independent Broker-Dealer Conference, Coral Gables, Florida, Oct 22, 2015
  • Defense Perspectives in Arbitration
    Ohio Association for Justice, Columbus, OH, Nov 6, 2014
  • Importance of Expungement in Alleged Security Violations
    Zurich Insurance FI, D&O and EPL Claim Department Seminar, New York, NY, Sep 30, 2014
  • Best Practices in Responding to E-Discovery
    Cleveland Academy of Trial Counsel Association - Cleveland, OH, Jan 30, 2014
  • The Dodd-Frank Recent Legislation Effect on Legal Counsel and Insurance Brokers - Ancora Group
    Cleveland, OH, Mar 22, 2011
  • The Primer on Dispute Resolution under FINRA - Cedarbrook Financial Partners
    Cleveland, OH, Jan 28, 2011

Insights

Publications

Education

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

Admissions

  • 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
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