“Through 30 years of practice, my experience has taught me to be a problem solver. I advise clients about the financial and legal issues confronting them, the ways to resolve them and the possible range of outcomes, and to help them focus on the big issues en route to making informed decisions.”
Brian also offers clients extensive experience in business disputes
, real estate litigation
, receiverships, foreclosures, provisional remedies, lease enforcement, fraudulent transfer actions, and guaranty and deficiency claims.
In the bankruptcy
context, Brian has represented creditors, individual and business debtors, asset purchasers, landlords, and franchisors, and he has served as a Chapter 11 trustee and lead counsel for numerous unsecured creditors committees.
Brian's recent results for clients include the following:
- Assisted a real estate investor in a multi-creditor workout, helping the client resolve more than $5 million in debt for less than 17 cents on the dollar and, as a result, helped the client, who had property interests in four states, avoid a bankruptcy filing.
- Concluded a negotiation on behalf of a shopping center landlord for a long-term lease (up to 50 years, with options) with a new anchor grocery store tenant. The tenant, a publicly traded company, also agreed to lease an adjoining land parcel and a subsequent amendment calling for a major expansion of the lease premises.
- Represented a borrower in connection with a $10 million secured loan transaction.
- Represented a plaintiff in filing suit against and reaching a multi-million-dollar settlement with a third party in connection with embezzlement from real estate partnerships.
Brian is an 11-time Super Lawyers selectee (Bankruptcy & Creditor/Debtor Rights) and is listed in The Best Lawyers in America®. A past chair of the State Bar of Arizona's Bankruptcy Section, he is an active and highly respected member of the Phoenix bankruptcy law community.
Brian is a generous contributor of time and energy to the legal profession and the broader community. He has served as a member of the Volunteer Lawyers Program of Maricopa County, the U.S. Bankruptcy Court Pro Bono Panel (2010-2014) and Pro Bono Subcommittee (2012-2014), and as a Maricopa County Superior Court Judge Pro Tem (2005-2014).
He is also a frequent speaker to legal and business audiences. His presentations have included:
- "Variations on a Chapter 11 Theme" (Panelist), State Bar of Arizona
- "Bankruptcy Law for Corporate Counsel," Maricopa County Bar Association
- "Arizona Collections Practice" (Faculty Member), Arizona State University College of Law, Arizona Center for Legal Education
- "Bankruptcy and Pre-Bankruptcy Planning for Trade Creditors," Organization of Associated Sales People of the Southwest
- "Legal Considerations of a Franchisor in Dealing with an Economically Troubled Franchise," Arizona Licensor-Franchisor Association
In the community, he is president of his homeowners association and past president of Temple Emanuel. Away from the office, Brian and his wife enjoy traveling, hiking, bicycling and an occasional round of golf.