Brian is a Shareholder practicing out of Reminger’s Cleveland and Indianapolis offices. He is the Chair of Commercial Litigation and eDiscovery Practice groups and a leader in the firm’s Securities/Financial Services Litigation group. His national litigation practice focuses on securities/financial services litigation and arbitration, business and commercial litigation, and directors and officers liability litigation, which involves representation of clients in federal and state court and in FINRA/AAA arbitration proceedings.
Brian also 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 or business divorce cases, as well as complex business/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.
- 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 DirectorsRated 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
Federation of Defense & Corporate Counsel
Vice-Chair, Professional Liability
Membership State Representative, Ohio
Defense Research Institute
Securities Industry and Financial Markets Association
TAB (The Alternative Board)
- Oct 30, 2019, Judgment Affirmed5th Dist. Ct. Appeals
Autumn Health Care, et al v. Peoples Bank
Affirmation of trial court's granting of motion for judgment on pleadings and dismissal of all claims against bank-client. Also, reversal of trial court's dismissal of indemnification claim with instructions to the trial court allowing for seeking of judgment in favor for all attorney fees for defense of suit.
- Jun 5, 2019, Motion for Summary Judgment GrantedMahoning County Court of Common Pleas
Plaintiff filed a lawsuit against our insurance agent client, alleging that the insurance agent recommended unsuitable insurance products and committed fraud through alleged misrepresentations and omissions in presenting the products to the client. We successfully defended the insurance agent and obtained a complete dismissal of all claims.
- Mar 8, 2019, Motion for Judgment on Pleadings GrantedLicking County Court of Common Pleas
Plaintiff filed a lawsuit against our banking client, alleging the bank improperly handled the collection on a loan. We successfully argued that the bank acted properly under the loan documents and applicable law, and obtained complete dismissal of all claims.
- Nov 2, 2016, Defense VerdictJefferson County
FINRA arbitration of broker/dealer financial services liability claim
- Dec 30, 2015, Motion For Summary JudgmentU.S. District Court for the Southern District of Indiana
Vaughn v. Radio One of Indiana, L.P. Court granted summary judgment in our favor on all claims.
- Mar 20, 2015, Motion For Summary Judgment GrantedCuyahoga
Defense of title company E&O claim
- Feb 23, 2015, Motion for Judgment on the Pleadings grantedU.S. District Court, Southern District of Ohio
Defense of financial services professional liability claim
- Aug 29, 2014, Granting of Motion to DismissMarion County, IN
Defense of financial services error & omission claim
- Jun 30, 2014, Dismissal of investigation without payment of monetary penaltiesCuyahoga
Defense of alleged
HUD housing violations and mortgage fraud
- Jan 22, 2014, Summary Judgment GrantedLorain
Defense of architectural errors and omission claim
- Dec 26, 2013, Judgment Reversed8th Appellate Dist
Daniel Gallagher v. Stonegate Mortgage Corp., et al.
Plaintiff appealed adverse trial courts dismissal of complaint against financial institution defendants asserting claims of defamation and deceptive trade practices.
- Apr 30, 2013, Chicago, ILDismissal of Action
Defense of disciplinary action by Certified Financial Planning Board
- Dec 14, 2012, Favorable OutcomeDetroit, MI
FINRA arbitration defense of financial services professional liability claim
- Sep 17, 2012, Motion for Judgment on the Pleadings grantedMarion County, IN
Stonegate Mortgage Corp. v. Gallagher
Obtained dismissal of all claims in a commercial dispute.
- Aug 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.
- May 23, 2012, Motion To DismissLorain
Claims of negligence/breach of fiduciary duty for alleged mishandling of a UTMA account.
- 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.
- Dec 23, 2011, Award for DefendantIndianapolis, IN
FINRA Securities Arbitration defense involving claim of unsuitability of variable annuity products to plaintiffs
- Jun 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
- May 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, Dec 8, 2020
- Press Release, Nov 19, 2020
- Reminger Co., LPA Announces Broker-Dealer and Investment Advisor Regulatory Compliance and Enforcement Practice GroupPress Release, Nov 3, 2020
- Reminger Co., LPA Announces Appointment of Brian P. Nally as Chair of Commercial Litigation Practice GroupPress Release, Dec 23, 2019
- Press Release, Nov 27, 2019
- Press Release, Dec 5, 2018
- Press Release, Apr 26, 2018
- Press Release, Dec 6, 2017
- Press Release, Dec 2, 2016
- Press Release, Jan 28, 2016
- Press Release, Dec 2, 2015
- Press Release, Feb 2, 2015
- Press Release, Dec 3, 2014
- Press Release, Oct 7, 2014
- Press Release, Dec 5, 2013
- Reminger Attorney and Case Western Reserve University School of Law Alum Brian P. Nally Appears in Promotional VideoOct 21, 2011
- Updates and Trends in Accounting Malpractice, Securities Litigation and Banking DisputesWebinar, Jan 21, 2020
- Rogue Brokers – Issues and Strategies for Risk OfficersLos Angeles, CA, Dec 4, 2019
- Rogue Brokers – Tips and Strategies for Representing the FirmSan Diego, CA, Oct 28, 2019
- Strategies for Addressing New or Novel Damage TheoriesSan Diego, CA, Oct 28, 2019
- Technology for E-DiscoveryDenver, CO, Aug 15, 2019
- Updates on D&O Liability and CoverageJersey 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 ShotsCleveland, OH, Apr 9, 2019
- The Arbitration ProcessCleveland, OH, Mar 21, 2019
- Webinar, Mar 20, 2019
- Proposed ‘Best Interest’ Standard for Brokers: What Is It and Why You Need to KnowWebinar, Nov 9, 2018
- Mutual Fund Due Diligence and theSupervision of Dually Registered RepresentativesAmelia Island, FL, Oct 16, 2018
- Suing and Collecting from Insolvent Broker‐Dealers: Interplay Between Bankruptcy and FINRA CasesBonita Springs, FL, Oct 11, 2018
- Who is a Fiduciary and Why it Matters and Tips for Financial Services Compliance and Risk ManagementPhiladelphia, PA, Sep 12, 2018
- Concentration Limits: How Much is Too Much?Los Angeles, CA, Aug 15, 2018
- Supervising Dually Registered RepresentativesLos Angeles, CA, Aug 14, 2018
- Independence, OH, Jun 28, 2018
- Cryptocurrencies and Initial Coin OfferingsWebinar, 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 AdvantageCleveland, OH, May 24, 2017
- Discovery Under the New Federal Rules of Civil Procedure, Cooperation Between Counsel and Following the Proportionality Standard During DiscoveryCleveland, OH, Mar 24, 2017
- Trends in Life Agent and Broker/Dealer ClaimsTampa, FL, Feb 27, 2017
- Phoenix, AZ, Sep 28, 2016
- Trends and Best Practices in FINRA Arbitrations, Investigations and Enforcement ActionCleveland, OH, Aug 18, 2016
- Trends and Best Practices in FINRA Arbitration, Investigations and Enforcement ActionsCleveland, OH, Aug 12, 2016
- Proposed Uniform Fiduciary DutyIndependent Broker Dealer Conference Consortium, Coral Gables, FL, Oct 22, 2015
- Arbitration v. Litigation and Dodd-Frank Act and the Proposed Uniform Fiduciary Duty7th Annual Independent Broker-Dealer Conference, Coral Gables, Florida, Oct 22, 2015
- Defense Perspectives in ArbitrationOhio Association for Justice, Columbus, OH, Nov 6, 2014
- Importance of Expungement in Alleged Security ViolationsZurich Insurance FI, D&O and EPL Claim Department Seminar, New York, NY, Sep 30, 2014
- Best Practices in Responding to E-DiscoveryCleveland Academy of Trial Counsel Association - Cleveland, OH, Jan 30, 2014
- The Dodd-Frank Recent Legislation Effect on Legal Counsel and Insurance Brokers - Ancora GroupCleveland, OH, Mar 22, 2011
- The Primer on Dispute Resolution under FINRA - Cedarbrook Financial PartnersCleveland, OH, Jan 28, 2011
- Securities Litigation Newsletter, Oct 24, 2019
- Cleveland Metropolitan Bar Journal - September 2018, Sep 2019
- Crain's Cleveland Business, Feb 18, 2019
- Ohio Securities Bulletin Newsletter, May 2018
- Financial Services E-Blast, Feb 7, 2018
- Ohio Securities Bulletin, Jul 2017
- Newsletter, Feb 6, 2017
- Reminger Co., LPA Financial Services Professional Liability Winter 2016 Newsletter, Feb 12, 2016
- Financial Services Professional Liability Fall 2015 Newsletter, Sep 1, 2015
- May 2015 CalSurance Newsletter, Jun 1, 2015
- CalSurance Newsletter, Feb 18, 2015
- Crain's Cleveland Business, Nov 18, 2014
- Protect Your Business, The E-Discovery ProcessCrain’s Cleveland Business, Nov 17, 2014
- SEC and Courts May Consider Events Outside of Five Year Statute of Limitation in Crafting Enforcement SectionsCalSurance Quarterly Newsletter, Aug 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, Feb 11, 2014
- Arbitration Fairness Act - Part IICalSurance Quarterly Newsletter, Nov 11, 2013
- CalSurance Investment Advisor Perspectives Quarterly Newsletter, Jul 30, 2013
- D&O and Employment Practices Newsletter, Apr 15, 2013
- Sep 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, Feb 9, 2012
- Crain's Cleveland Business - November 7, 2011, Nov 7, 2011
- Recent Updates Related To The Fair Labor Standards ActEmployment Practices Group E-Newsletter - Summer 2011, Jul 1, 2011
- When Can Employers Be Held Liable For The Sexual Harassment of Third PartiesEmployment Practices Group E-Newsletter - Summer 2011, Jul 1, 2011
- E-Newsletter -Financial Services Professional Liability Group, Jun 1, 2011
- Apr 7, 2011
- Apr 7, 2011
- Aug 22, 2016
- June 18, 2014
- Oct 1, 2013
- Oct 1, 2013
- May 23, 2013
- Feb 7, 2013
- Professional Liability
- Employment Practices Defense
- Broker-Dealer and Investment Advisor Regulatory Compliance and Enforcement
- Commercial Litigation
- Directors and Officers (D&O) Liability Defense
- Environmental / Mass Tort / Class Action
- Financial Services Professional Liability
- 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