Brian advises clients on matters related to corporate compliance and government investigations as well as federal and New York state regulatory actions. He represents individuals, businesses and institutions in both civil and white collar criminal matters, and has tried more than 80 civil and criminal jury trials to verdict.
 
In addition, he advises clients with NCAA matters, including compliance and student athlete eligibility issues. 
 
Prior to entering private practice, Brian served as the Chief of the Felony Trial Bureau for the Erie County District Attorney, the largest upstate prosecutor’s office north of Westchester County. In that position, he supervised all felony trial lawyers, and oversaw the investigations and trials. In addition, he personally handled serious felony matters from investigation through trial. Brian successfully tried the first criminal case in Erie County where the only source of identification consisted of DNA evidence. In another trial, he obtained a conviction which at the time resulted in the longest sentence ever handed down in the history of Erie County for a non-homicide criminal conviction.
 
Brian has served as a faculty advisor at the National District Attorneys Advocacy Center in Columbia, South Carolina, the premier facility for training of federal and state civil and criminal lawyers in the country. As a faculty advisor, Brian specifically instructed attorneys throughout the nation on numerous aspects of trial practice.
 
Representative Matters
  • Represented a company that had retail locations across Upstate New York that was investigated and sued by the Attorney General for misleading advertising claims. We litigated this matter in New York County Supreme Court and successfully resolved the matter without any fine, penalty or admission of wrongdoing by the client. This high profile matter received extensive coverage in over 25 media outlets, including The New York Times, USA Today and Corporate Counsel as well as numerous regional publications.
  • Represented a senior executive charged with embezzling hundreds of thousands of dollars from a well-known and highly respected government institution. This matter received widespread media attention. Resolved the matter without a jail sentence.
  • Represented a student in a Title IX investigation and successfully overturned the school’s administrative finding of expulsion by filing an Article 78 Proceeding in State Supreme Court.
  • Successfully represented a company that was under investigation by the Inspector General’s Office and District Attorney’s Office for their handling of MWBE requirements during a construction project. The investigation concluded with no criminal charges or civil suit being brought against our client.



ADMITTED TO PRACTICE
  • New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Western District of New York

Education
  • State University of New York at Buffalo School of Law, J.D., 1987
  • St. John Fisher College, B.A., 1983

Professional Associations 
  • Bar Association of Erie County
    • Judiciary Committee, 2023-2024
    • Served as an elected member of Board of Directors, 2007-2010
  • Western New York Trial Lawyers Association, Treasurer
  • American Health Lawyers Association
 
Community Involvement 
  • St. John the Baptist School, Board of Trustees 
  • Town of Tonawanda Industrial and Commercial Incentive Board
  • Town of Tonawanda Zoning Board of Appeals
 
Honors & Awards 
  • The Best Lawyers in America, Commercial Litigation, 2013-2024
  • Upstate New York Super Lawyers, Business Litigation, 2007-2023
  • Buffalo Business First and Buffalo Law Journal, named among Buffalo’s Who’s Who in Law, 2012
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