Brian concentrates his practice on Commercial Transactions, Real Estate, Bankruptcy, and Creditor Rights. He is a certified mediator of the Delaware Superior Court, a member of the panel of mediators serving the United States Bankruptcy Court for the District of Delaware and a certified commercial law arbitrator. Brian works with clients in structuring and negotiating commercial real estate and business transactions. His work includes counseling clients in their review and negotiation of office, shopping center and warehouse leases; and, he frequently counsels clients regarding zoning and land use issues. Brian has extensive experience in commercial lending, work-out and debt restructuring, having represented national and local lenders as well as borrowers for over twenty-five years. His work-out and litigation experience provides additional insight in developing successful strategies in drafting transactional documents. Brian represents secured and unsecured creditors, including landlords, trade creditors and utility services providers in middle market and mega Chapter 11 bankruptcy cases. He has served as counsel to liquidating trustees in pursuing adversary actions and also regularly represents clients defending preference litigation. In his civil litigation practice, Brian represents clients in all aspects of business litigation, including general contract disputes, creditor rights, asset recovery, mortgage foreclosures and landlord-tenant disputes. His role as a mediator adds a unique perspective in resolving disputes without the additional expense of litigation.
- Represented a Borrower in the refinancing of a multimillion-dollar obligation insured by the United States Department of Housing and Urban Development in connection with a low-income apartment complex in Wilmington, Delaware.
- Represented a regional lender in connection with a direct purchase tax-exempt bond issue to refinance a multimillion-dollar obligation of a volunteer fire company.
- Counsel to a number of regional lenders in documenting, closing, and funding their commercial real estate and SBA loans in Delaware.
- Counsel to a regional Commercial Landlord in negotiating and documenting its leases of multiple mixed-use properties.
- Represented a Fortune 500 company in negotiating a long-term ground lease and a purchase and sales contract with the Delaware River and Bay Authority for the company’s corporate jet hanger in New Castle County, Delaware.
- Developed template documentation and pleadings for a regional lender in connection with recent revisions to Title 10 of the Delaware Code relating to foreclosures involving owner-occupied residential 1-4 family primary residential properties.
- Represented a property owner before the Town Council and through the Chancery Court proceedings in connection with the approval of a mixed retail store, office, and gas station development project in the town of Ocean View, Delaware.
- Represented a property owner before the City Council in connection with a townhouse development project in the historic district of the City of New Castle, Delaware.
- Represented the Liquidating Trustees in prosecuting preference avoidance and recovery actions in the United States Bankruptcy Court for the District of Delaware in the MCMS, Inc., DVI, Inc. and Fedders North America Inc. Chapter 11 bankruptcy cases.