Overview
Brian is a shareholder practicing out of Reminger’s Cleveland and Indianapolis offices. He is the Chair of Reminger's Business & 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 ten consecutive years (2014 through 2024), 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 in The Best Lawyers in America® for Commercial Litigation
Recognized as a Rising Star by Ohio Super Lawyers Magazine
Selected as one of America's Top 100 Bet-the-Company Litigators® for Ohio in 2021 & 2022 in Business Litigation, Commercial Litigation, and Securities Litigation.
Community & Professional
Cleveland Metropolitan Bar Association
Ohio State Bar Association
-Chair, Securities Regulation Subcommittee
Indiana State Bar Association
Federation of Defense & Corporate Counsel
-Chair, Commercial Litigation
-Vice-Chair, Professional Liability
-Membership State Representative, Ohio
Defense Research Institute
Securities Industry and Financial Markets Association
TAB (The Alternative Board)
Greater Cleveland Sports Commission
-Associate Board Member
Results
- Mar 26, 2024, Motion to Dismiss GrantedCuyahoga County Court of Common Pleas
Motion to dismiss granted in favor of trust company and portfolio manager involving claims of insider trading issues, trading in thinly traded securities, and other Trust & securities issues.
- Jan 10, 2024, DismissalCuyahoga County Court of Common Pleas
Represented a well-known Cleveland law firm and lawyer in a legal malpractice case and obtained dismissal of all claims against the firm and the attorney.
- Aug 3, 2022, Summary Judgment GrantedCuyahoga County Court of Common Pleas
Summary judgment granted in favor of large financial institution/trust company and portfolio manager in a securities/trust dispute.
- Jul 26, 2022Summit County
Defense of breach of contract and fraud claims.
- Jul 2022Summit County
Obtained a defense verdict in favor of individual business owner and two businesses who were being pursued for breach of contract, breach of fiduciary duty, fraud, among other claims, by Plaintiffs who were seeking nearly $2.0 million in damages.
- Mar 1, 2022, DismissalHamilton County Court of Common Pleas
Obtained a dismissal of a lawsuit filed against financial advisor/insurance agent and financial services company for alleged breach of fiduciary duty, fraud, and breach of contract.
- Nov 8, 2021, Decision AffirmedU.S. Court of Appeals, Sixth Circuit
Brian Nally and Steven Chang recently obtained dismissal of a lawsuit pending in the U.S. District Court for the Southern District Court of Ohio, arising out of allegations that a financial advisor made various improper recommendations to a client. Reminger successfully obtained dismissal from the U.S. District Court, arguing that the Plaintiff failed to state a claim under various securities/criminal statutes and arguing that the claims were time-barred. After an appeal to the United States Court of Appeals for the 6th Circuit, the dismissal in favor of Reminger’s client was affirmed in all respects.
- Jun 30, 2021, Motion to Dismiss GrantedU.S. District Court, Southern District of Ohio, Eastern Division
Plaintiff filed a lawsuit against our investment professional client, asserting various claims arising out of the recommendation of an annuity. We successfully argued the claims were time-barred, and further argued that the Plaintiff failed to state a claim under various securities/criminal statutes. The District Court agreed and dismissed all claims against our client. Additionally, the District Court deemed the Plaintiff a vexatious litigator under Federal law, and enjoined the Plaintiff from filing any new actions unless he sought permission from the Court in advance.
- Joshua Huss vs. Compass Compliance, LLC, et al.Apr 21, 2021, Motion to Dismiss GrantedIowa District Court, Cherokee County
Plaintiffs filed a lawsuit against our safety compliance consultant client, alleging intentional spoliation of evidence in connection with a workplace injury and workers’ compensation claim. We successfully argued that the consultant acted properly under applicable Iowa law and that Iowa does not recognize a claim for intentional spoliation, and obtained complete dismissal of all claims through a motion to dismiss.
- Darlene M. Kopplin and Joseph L. Kopplin, vs. FBL Financial Group, Inc., et al.,Mar 26, 2021Iowa District Court, Buchanan County
Plaintiff filed a lawsuit against our insurance and financial services client, alleging misrepresentation of policy coverage related to a motorcycle. We successfully argued that our client acted properly under applicable Iowa law, and obtained complete dismissal of all claims through the granting of our motion for summary judgment.
- 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, 2019Mahoning 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, 2016Jefferson 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, 2015Cuyahoga
Defense of title company E&O claim
- Feb 23, 2015U.S. District Court, Southern District of Ohio
Defense of financial services professional liability claim
- Aug 29, 2014Marion County, IN
Defense of financial services error & omission claim
- Jun 30, 2014Cuyahoga
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, 2013Dismissal 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, 2012Marion 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, 2011Ohio Civil Rights Investigation
Obtained a finding of 'No Probably Cause' and dismissal of an Ohio Civil Rights Commission investigation of an employment discrimination charge.
News
News
Speaking Engagements
Insights
Publications
Reminger Reports
Practice Areas
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
Admissions
- State of Ohio, 2010
- State of Indiana, 2011
- U.S. Court of Appeals, Sixth Circuit
- 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