Brian advises clients in resolving business disputes and solving complex legal problems. Brian is a seasoned litigator, representing business interests in litigation in federal and state court, including the North Carolina Business Court. Brian also represents financial institutions and other creditors in all phases of the workout and restructuring process, including representation in bankruptcy court.
Brian represents companies of all sizes in complex business disputes, including contract disputes, real estate disputes, and matters concerning fraud, unfair and deceptive trade practices, and misrepresentation. Brian has defended corporations in shareholder derivative proceedings and defended corporate directors and members of limited liability companies from allegations of breach of fiduciary duty. He also has extensive experience representing consumer and commercial lenders against lender liability actions. Brian regularly handles trial and appellate litigation in federal and state court, including the North Carolina Business Court.
Brian's practice focuses on representing creditors in all phases of the workout and restructuring process, including representation in the U.S. Bankruptcy Court. Brian represents creditors in Chapter 11 and Chapter 7 proceedings, including cases involving real estate, manufacturing companies, retail, marina property and farmland. Brian has extensive experience with foreclosures, receiverships, collection proceedings and all other aspects of creditor-debtor litigation in state and federal court. Brian has participated in in-court and out-of-court auctions and other liquidations of residential and commercial developments, apartment complexes, farmland, marina properties, and manufacturing facilities, and has successfully argued foreclosure and UCC cases before the North Carolina Supreme Court and Court of Appeals.
Brian also has significant experience defending commercial and consumer financial institutions in litigation in state, federal and bankruptcy court in a wide variety of lender liability actions. Finally, Brian has represented a broad range of clients in defense of adversary proceedings filed in bankruptcy court, including preference and fraudulent transfer actions.
Brian has experience litigating issues arising under the North Carolina Constitution before state trial and appellate courts, including high stakes disputes involving state government. Brian recently represented the Speaker of the North Carolina House of Representatives and the President Pro Tempore of the North Carolina Senate in defense of litigation filed by the Governor of North Carolina regarding constitutional separation of powers and the allocation of the appointment power under the North Carolina Constitution. Brian has also represented County Boards of Commissioners and County Boards of Elections in defense of claims under the federal Voting Rights Act.
Brian also has experience in First Amendment claims, successfully representing a newspaper company in blocking the enforcement of a municipal ordinance limiting newspaper distribution.
- Representation of corporate clients in federal court in defense of breach of contract, fraud, unfair and deceptive trade practices and misrepresentation claims.
- Representation of the Speaker of the North Carolina House of Representatives and the President Pro Tempore of the North Carolina Senate in defense of a lawsuit filed by the Governor of North Carolina concerning constitutional separation of powers and the proper allocation of the appointment power under the NC Constitution.
- Representation of commercial lenders in defense of lender liability claims related to real estate development and construction lending.
- Representation of corporate clients in real estate and land use disputes and litigation, including title disputes, environmental issues and landlord tenant disputes.
- Representation of corporate entities and individuals in the North Carolina Business Court.
- Representation of members of limited liability companies in defense of claims for breach of fiduciary duty.
- Representation of a wide range of secured and unsecured creditors in collection and bankruptcy matters, including adversary proceedings.
- Representation of commercial lenders in all phases of real property foreclosure and claim and delivery process throughout North Carolina.
- Representation of commercial and consumer lenders in defense of preliminary injunction motions seeking to block foreclosure proceedings.
- Representation of consumer lenders in defensive litigation in North Carolina state and federal courts. Claims defended involve violations of federal lending statutes, federal and state unfair debt collection statutes, unfair and deceptive trade practices, and wrongful foreclosure.
- Representation of national consumer lender before the North Carolina Court of Appeals.
- In re Bass, 366 N.C. 464, 738 S.E.2d 173 (2013) reversing North Carolina Court of Appeals and upholding sufficiency of endorsement of note.
- In re Foreclosure of Perry, 739 S.E.2d 627 (N.C. App. 2013) finding party in possession of note to be the holder under the UCC and upholding foreclosure.
- Representation of pro bono client in defense of federal fraudulent transfer claims asserted by the United States of America.
Selected by his peers for inclusion in The Best Lawyers in America© in Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law and Litigation - Bankruptcy (2018)
Recognized by his peers for inclusion in Business North Carolina's "Legal Elite" in Bankruptcy (2018)
Selected for Benchmark Litigation's "Under 40 Hot List", 2017
Received the Triangle Business Journal’s “40 Under 40” Leadership Award, 2015
Selected by his peers for inclusion as a “Rising Star” in North Carolina Super Lawyers, 2013-2015
Presenter, “Public Law for the Public’s Lawyers: The Impact of McCrory v. Berger on State Boards and Commissions,” Raleigh, NC, October 2016
Brian is a Raleigh native, and previously practiced in Raleigh at an international law firm before joining Brooks Pierce in the fall of 2016. Prior to law school, Brian coached football at his alma mater Davidson College. He enjoys staying involved at Davidson, currently serving as the president of the Davidson Gridiron Club.
Brian takes pride in aggressively representing clients’ interests in litigation when necessary, but often takes the most satisfaction in finding a creative strategy to solve a client’s problem without resort to the courts. He believes the key is to understand a client’s business and how a particular dispute fits in to its greater business objectives, and only then can the most efficient strategy be developed to address and resolve that dispute.