Portrait of Brian McLaughlin

Brian J. McLaughlin

Senior Counsel

Brian J. McLaughlin is a principal attorney who 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 advises 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 30 years. His work-out and litigation experience provides additional insight when developing successful strategies in drafting transactional documents.

Additionally, 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 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.

Brian was named to Delaware Today Magazine’s Top Attorneys list for 2021 and 2024 for Bankruptcy Law & Businesses. He is also an active member of Offit Kurman’s attorney mentorship program.

    Education

    • University of Dayton (J.D.)
    • University of Delaware (B.A.)

    State Bar Admissions

    • Delaware

    Court Admissions

    • Supreme Court of the United States
    • United States District Court for the District of Delaware
    • United States Bankruptcy Court for the District of Delaware

    Professional Affiliations

    • Delaware State Bar Association, Member
      • Commercial Law Section
      • Real & Personal Property Law Section
      • Bankruptcy Section
    • American Bar Association, Member
      • Business Law Section
      • Real Property Section
      • Litigation Section
      • Law Practice Management Section
    • American Bankruptcy Institute
    • Certified Delaware Superior Court Mediator
    • Certified U.S. Bankruptcy Court for the District of Delaware Mediator
    • Certified Commercial Law Arbitrator
    • Commercial Law and Creditor Rights, Wesley College, Instructor
    • Offit Kurman Attorney Mentorship Program, Mentor

Firm Highlights

  • Events
    AIA Tri-State Conference
    Princeton will serve as the backdrop for three days of connection, learning, and design leadership. From keynotes to tours to the Tri-State Design Awards, this year’s conference is designed to go far beyond education sessions. Kick off the week with pre-conference intensives and individual state component Design Award celebrations, followed by three days of education, inspiration, networking, and design excellence at the 2026 AIA Tri-State Conference—featuring pre-conference intensives, three keynote speakers, 25 education sessions, curated tours, an expo, spec academies, and the AIA Tri-State Design Awards—bringing together architects and design professionals from New Jersey, New York, and Pennsylvania to connect, learn, and celebrate the best of the profession. G2. Designing Secure Practices: Cybersecurity, Data Privacy, Contractual Provisions, and Insurance Risks for Architects (4:00 PM - 5:30 PM) Architects and design professionals increasingly rely on cloud platforms, BIM software, and digital tools to manage sensitive data, creating cybersecurity and privacy risks. A single incident can trigger liability claims, regulatory obligations, reputational harm, and insurance challenges. Yet many firms underestimate how contracts, insurance, and internal practices intersect during a breach. This program offers legal and insurance perspectives on cyber risk in architecture, examining liability exposure, risky contract provisions, and mitigation strategies. A cyber insurance expert will explain policy responses, coverage gaps, coordination with professional liability, and best practices for aligning insurance with contractual risk and protecting firms from evolving cyber threats. Learning Objectives: Identify key cybersecurity and data privacy risks faced by architecture firms and explain how these risks can impact professional liability and project outcomes. Analyze common contractual provisions to determine which clauses may increase exposure to cyber incidents and propose strategies to mitigate these risks. Evaluate the scope and limitations of cyber insurance policies, including coordination with professional liability coverage, to determine how a policy would respond in a breach scenario. Develop actionable risk management strategies by integrating legal, contractual, and insurance considerations to protect sensitive client and project data.
  • Blog Posts
    Prenups: The Marriage Contract You Need to Talk About Before Saying “I Do”
    What if talking about a prenup isn't about planning for divorce, but about having honest conversations before you get married? In this episode of Love Ends, Law Begins, hosts Fara Rodriguez and Stephanie Lehman take a closer look at one of the most misunderstood legal documents in marriage: the prenuptial agreement. They discuss why prenups are becoming more common, what couples should consider when creating one, and some of the unusual clauses people have tried to include. From infidelity and social media clauses to financial arrangements and “walk away” agreements, the conversation explores how prenups can be tailored to a couple's individual circumstances. Fara and Stephanie also discuss the importance of thinking beyond the present and considering how marriage, children, careers, finances, and even moving to another state could affect a prenup in the future. They explain why couples need to understand what they're agreeing to, especially when one spouse may eventually become a stay at home parent or sacrifice their own earning potential. Whether you're engaged, considering a prenup, or simply curious about how these agreements work, this conversation offers a practical look at the financial and legal conversations couples should have before walking down the aisle. In this episode, you'll hear about: • Why couples choose to create prenuptial agreements • What a “walk away” agreement means • How marriage can change the way couples approach finances • What happens when one spouse becomes a stay at home parent • Lifestyle, infidelity, and social media clauses • Why child custody and child support can't be predetermined in a prenup • The importance of financial transparency before marriage • How future careers, children, and relocation can impact a prenup • Why state laws matter when couples move after signing an agreement • How a prenup can serve as a roadmap for dividing assets if a marriage ends