Brian is a partner in the Business Litigation, Product Liability and Life Sciences practice groups. He represents clients in complex litigation and has extensive experience in areas including securities litigation and other shareholder disputes, toxic torts, product liability actions, and consumer and banking litigation. Much of his practice involves defense of clients in class actions and multi-jurisdictional litigation. He has represented both public and private companies and their officers and directors in many cases under federal and state securities laws, and he has in-depth experience in defending clients in medical monitoring litigation and coordinating nationwide product liability defense.

Brian obtained dismissal of Rule 10b-5 claims against Lehman Brothers in the Enron litigation and was chief architect of the successful opposition to class certification in Wilson v. Brush Wellman Inc., 102 Ohio St. 3d 538 (2004), a medical monitoring case of first impression in Ohio, in which the Ohio Supreme Court reversed the Court of Appeals and reinstated the trial court's decision shortly after Brian left his previous firm to join Thompson Hine. He has also represented clients in a broad range of litigation including contract and business tort disputes, manufacturer-dealer disputes, CERCLA, insurance coverage, construction, bankruptcy, and constitutional tax challenges. He has also conducted internal investigations for public and private companies and served as outside general counsel for litigation for a publicly traded corporation.

Education

  • Harvard Law School, J.D., 1992, magna cum laude
  • College of Wooster, B.A., 1989, with honors, Phi Beta Kappa

Representative Matters

  • Representing a large national bank in a putative class action for breach of contract brought by a commercial borrower.
  • Representing outside directors in consolidated options backdating shareholder actions.
  • Representing venture capital funds in shareholder litigation arising from an alleged squeeze-out transaction.
  • Representing outside directors in Rule 10b-5 action arising from an exchange of assets for stock between pharmaceutical companies.
  • Representing large manufacturing company in post-trial and appellate proceedings in a major CERCLA action.
  • National coordinating counsel and MDL Defendants' Steering Committee member for a pharmaceutical company in defense of nationwide product liability (HRT) litigation.
  • Led successful defense of a large pharmaceutical company in complex fraud and breach of contract litigation involving issues arising from the FDA's Application Integrity Policy. This action was filed by another pharmaceutical company seeking tens of millions of dollars in compensatory damages, plus punitive damages and attorney fees. After two years of intensive litigation, the plaintiff was forced to voluntarily dismiss all claims with prejudice rather than face continued sanctions proceedings and summary judgment. Our client paid nothing.
  • Obtained dismissal of Rule 10b-5 claims against a large commercial and investment banking institution in one of the largest securities fraud actions in history (Enron).
  • Obtained vacatur of transfer to MDL of a putative nationwide pharmaceutical consumer class action, followed by dismissal and denial of a motion to amend complaint on grounds that preemption made amendment futile.
  • Represented a media company in tender offer litigation under Section 14(d)(7) of the Williams Act and Rule 14d-10 (the "best-price/all-holders" rule).
  • Represented a publicly held company in multi-jurisdictional federal securities litigation before, during and after the company's bankruptcy, obtaining dismissal of claims.
  • Represented one of the country's leading banking organizations in retail securities fraud actions in federal and state courts in various states.
  • Represented a major telecommunications company in federal securities litigation arising from introduction of a new communications technology.
  • Represented a publicly traded corporation in an action under Rule 10b-5 arising from the introduction of a new consumer product.
  • Represented outside directors of a publicly traded company in federal securities and derivative shareholder suits.
  • Successfully defended a privately held company in a shareholder action for breach of contract, breach of fiduciary duty and fraud.
  • Obtained summary judgment and numerous other victories, including dismissal of counterclaims, in perhaps the most notorious foreclosure case in U.S. history, NationsBanc Mortgage Corp. v. Davet, a case later profiled in the Wall Street Journal and newspapers around the country, after being retained several years into the litigation against a determined pro se defendant.
  • Represented a specialty metal manufacturer in putative class actions for medical monitoring recovery in federal and state courts. Obtained dismissal of one putative nationwide product liability class action filed in federal court in Tennessee, and denial of class certification of a premises liability class action, later affirmed by the Ohio Supreme Court in a case of first impression. A second putative nationwide class action was voluntarily dismissed before trial.
  • Represented a manufacturer in occupational disease actions brought by contractor employees.
  • Obtained dismissal of, or summary judgment on, all claims in a putative nationwide class action against a nationally prominent banking organization relating to its billing and late fee practices.
  • Successfully defended a nationally prominent banking institution against a putative nationwide class action relating to loans made by failed savings institutions and later resold to other lenders.
  • Successfully defended a large telecommunications company in putative class actions in various states relating to its late fee policies and practices.
  • Successfully represented a large retail client against a putative nationwide class action for alleged false advertising involving a consumer technology product.
  • Defended a large retailer in class actions and state enforcement proceedings in various states involving claims of false advertising.
  • Represented a private company in a group of complex lawsuits arising from the purchase and sale of several groups of businesses.
  • Successfully prosecuted a multi-million dollar contract and business tort action involving an international joint venture, leading to a favorable settlement.
  • Represented a manufacturing client in an international arbitration arising from construction of an overseas manufacturing plant, leading to a favorable settlement.
  • Obtained dismissal of, or summary judgment on, all claims against a public corporation and its director in a contract and tort action arising from a municipal airport dispute.
  • Represented a large company in all trial court and appellate phases of constitutional tax litigation.
  • Represented a manufacturing company in actions for breach of covenants not to compete and theft of trade secrets.
  • Successfully represented a manufacturing company in an action to recover insurance under lost general liability policies.

Professional & Civic Involvement

Community Activities

Chairman of the board of trustees of Doug Gilmour Worship Ministries, an independent, not-for-profit religious organization

Publications

  • "Off-Label Issues in Drug and Medical Device Product Liability Litigation", (2006 ACI Conference paper, co-authored with Elizabeth Wright, Elizabeth Gobeil and Anthony Rospert)

Presentations

  • Ten Years After: Today's Litigation Environment (2005 CLE presentation)
  • Securities Litigation Developments and Strategies (2005 CLE presentation)
  • Securities Class Action Defense: A Practical Introduction and Current Developments (2004 CLE presentation)
  • Electronic Data Discovery (1999 CLE presentation)