“I am an attorney who advises clients on complex business matters, including issues related to data privacy and construction.”
Brian advises clients on compliance matters regarding data privacy regulations, including the European Union's General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and data breach requirements created by various states, as well as the drafting of privacy notices.
He advises and represents clients involved in the construction industry regarding contract formation, payment issues, bid protests, mechanic's lien claims, and bond claims. Brian has represented owners/developers, general and subcontractors, and suppliers in all facets of construction.
Brian currently serves as a neutral with the American Arbitration Association's Construction and Commercial Panels.
In addition, he serves as a non-public arbitrator with the Financial Industry Regulatory Authority (FINRA). He is also an arbitrator/mediator with the Nevada Department of Business and Industry’s Local Government Employee-Management Relations Board and the Better Business Bureau of Southern Nevada. In addition, he is a hearing officer for the city of Henderson, Nevada. Brian has also been appointed an arbitrator/mediator with the State Bar of Nevada’s Fee Dispute Committee and previously served as an arbitrator with the court-annexed arbitration program in the Eighth Judicial District Court, Clark County, Nevada. He presently serves as a member of the Southern Nevada Disciplinary Panel. Brian has also served as a Justice Pro Tem for the Clark County Nevada Justice Court and a hearing officer for Clark County.
- Drexel University, Thomas R. Kline School of Law, 2018
- Graduate Certificate, Privacy & Cybersecurity
- University of New Mexico Law School, 1996
- University of New Mexico, 1992
- B.B.A., Finance concentration
- International Association of Privacy Professionals, 2018-present
Las Vegas Chapter, Co-chair
- Certified Information Privacy Professional-Europe (CIPP/E)
- Certified Information Privacy Manager (CIPM)
- Financial Industry Regulatory Authority
- Non-public Arbitrator, 2014-present
- State Bar of Nevada
- Fee Dispute Committee, 2013-present
- American Arbitration Association
- Neutral, 2013-present
- City of Henderson
- Hearing Officer, 2013-present
- Better Business Bureau
- Arbitrator, 2012-present
- Clark County
- Hearing Officer, 2011-present
- National Association of Certified Mediators
- Nationally Certified Mediator, 2014-2015
- Clark County Nevada Justice Court
- Justice Pro Tem, 2011-2012
- Nevada State Bar Association
- Construction Law Section
- Clark County Bar Association
- CLE Committee, 2002-2004
- American Bar Association
- Construction Industry Forum and Alternative Dispute Resolution Sections
- Nevada, 1999
- Certified Information Privacy Professional-Europe (CIPP/E), 2018
- Certified Information Privacy Manager (CIPM), 2018
- Colorado, 2016
- Arizona, 2015
- North Dakota, 2013
- New Mexico, 1996
- U.S. Court of Appeals, Eleventh Circuit, 2011
- U.S. Court of Appeals, Ninth Circuit, 2002
- U.S. District Court, District of Nevada, 2000
- U.S. District Court, District of New Mexico, 1997
- The Best Lawyers in America©, 2018-2021
- Mountain States Super Lawyers, 2013; 2015-2019
- Construction Law Society of America, Fellow, 2017-present
- Association of General Contractors, Skill, Integrity and Responsibility (SIR), "Affiliate of the Year," 2005
- Martindale-Hubbell® AV Preeminent® Peer Review Rating
Represented a specialty equipment supplier on a public works project involving a case of first impression on the issues of application of statutory releases under Nevada law and the use of equitable fault analysis being used to reduce liability under a security interest or mechanic's lien claim. The Nevada Supreme Court ruled in favor of the supplier and held that the district court erred in finding that the waiver, even though termed unconditional, was unenforceable, pursuant to the language of the pertinent Nevada statute, against the lien claimant. Likewise, the Supreme Court found that "equity" may not be used to reduce the value of a security interest or mechanic's lien held by a claimant.Edit
- Represented mechanic’s lien claimants on multibillion-dollar hotel-casino bankruptcy lien litigation and resulting certified question to Nevada Supreme Court regarding issues of first impression addressing equitable subrogation and subordination between mechanic’s lien claimants and construction lenders who hold deeds of trust. A successful ruling was received in favor of the mechanic's lien claimants, which established that Nevada would adopt a minority position where mechanic's lien claimants would be favored over construction lenders in situations in which a lender paid a prior existing encumbrance. Edit
- National Business Institute, Data Privacy and Cybersecurity Laws for the Non-Expert, “Data Privacy Law Basics,” “Compliance Concerns for U.S. Companies,” “Data Breach Prevention and Response,” and “Overcoming Vendor and Third-Party Cybersecurity Issues,” March 24, 2021, webinar. https://www.nbi-sems.com/89108ER
- National Business Institute, Technology Competence 2021: Staying Ahead of the Curve, "The Attorney's Duty: Sources of Technology Competence Requirements," "Attorney Use of E-mails and Other Electronic Communications," "Responsibilities for Non-Lawyer Staff," "Responsibilities of Associates and Law Firm Leadership," "Duties to the Court: E-filing and Calendaring," "Issues in Discovery, Litigation, and Case Presentation," "Cybersecurity and Data Breach Practices," and "The Attorney's Online Presence: Advertising and Communications," March 11, 2021, webinar.
- National Business Institute, Technology Ethics for Every Paralegal, "What Technology Competence Actually Means for Paralegals," "Ethical Pitfalls on Social Media," "Preserving Confidentiality in a Digital World," and "Ethically Working from Home—Top Tips and Traps," February 4, 2021, webinar.
- National Business Institute, "20 Ethical Do's and Don'ts for Every Attorney," December 17, 2020, webinar. https://bit.ly/2Mul5Vb
- Nevada Contractors Association, Monthly Member Workshop, "Nevada Public Works—What to Expect," October 6, 2020, webinar.
- American Bar Association, "Privacy and Cybersecurity in the Age of COVID, " August 24, 2020, webinar.
- National Business Institute, Civil Trial From Start to Finish, "Court Rules and Updates—What You Need to Know" and "Evidence—Get It Admitted and Present It," August 13, 2020, webinar.
- National Business Institute, GDPR Enforcement Trends 2020, "Past, Present and Future Fines and How to Avoid Them," "The Latest Guidance from the European Data Protection Board," "Data Protection Authorities Enforcement Actions," "Private Rights of Action," and "How Will the GDPR Affect Business Going Forward," August 4, 2020, webinar.
- Southwest Business Credit Services, The Southwest Business & Construction Credit Conference, "Nevada Lien Law," July 16, 2020, webinar.
- National Business Institute, Workplace Harassment: What Employers Must Know Seminar, "Disciplining Employees for Harassment" and "Best Practices and Key Takeaways," July 15, 2020, webinar.
- National Business Institute, The Ethical Risks of Using Apps & Technology in Your Practice Seminar, "Top Confidentiality Problems," "Smartphone Vulnerabilities and How to Minimize Them," "Apps to Avoid for the Mobile Lawyer (and Those That Help Protect You)," "Potential Ethical Risks in Using Free Apps—Permissions and Access to Your Data," and " Risks in Improperly or Incompletely Deleting Data and Disposing of Old Devices," July 14, 2020, webinar.
- National Business Institute, Metadata: The Attorney's Complete Guide Seminar, "Metadata: What is it; Where to find it; How to Use It," and "How to Preserve, Request, and Produce Metadata," May 21, 2020, webinar.
- National Business Institute, Cannabusiness Tax Planning Tactics Seminar, "Marijuana and the TCJA: Tax Planning Opportunities for Cannabusinesses," and "How to Steer Clear of Accounting Issues Unique to the Marijuana Industry," April 21, 2020, webinar.
- National Business Institute, GDPR, CCPA, and Data Privacy Essentials Seminar, "Data Privacy in a Nutshell," "The GDPR: What U.S. Attorneys and Companies Need to Know," "The CCPA and Other State Developments in Consumer Privacy," and " Data Privacy Case Law: Key Lessons from the Front Lines," March 5, 2020, webinar.
- Credit Managers Association, Reno Chapter, Umpqua Bank, "Small Claims Court Processes, Procedures, and Bankruptcy," February 25, 2020, Reno, NV.
- National Business Institute, Advanced Municipal Law Seminar, "Competitive Bid and Request for Proposal Complexities,” “Addressing Land Use and Zoning Disputes,” and “Ethical Issues in Municipal Law,” February 18, 2020, webinar.
- Credit Managers Association, Las Vegas Chapter, Nevada Construction Suppliers Monthly Meeting, "Preliminary Notice Requirements for Construction Projects," February 12, 2020, Las Vegas, NV.
- National Business Institute, Marijuana Business Law in Nevada Seminar, "Marijuana Businesses Law in Nevada Overview," and "Obtaining a Nevada Cannabis Business License," November 8, 2019, Reno, NV.
- National Business Institute, Marijuana Business Law in Nevada Seminar, "Marijuana Businesses Law in Nevada Overview," "Obtaining a Nevada Cannabis Business License," and "Legal Best Practices for Marijuana Product Packaging and Testing," November 5, 2019, Las Vegas, NV.
- Nevada Contractors Association, Prevailing Wage Law in Nevada Seminar, "Contract Compliance with Prevailing Wage Laws," October 9, 2019, Las Vegas, NV.
- National Business Institute, Public Records & Open Meetings, " Legislative and Case Law Update," "Public's Right to Access v. Right to Privacy," and "Public Records Policy Best Practices," October 7, 2019, webinar.
- State Bar of Nevada, Privacy for Lawyers Seminar, "Privacy Laws Affecting the Practice of Law," October 4, 2019, Las Vegas, NV.
- Credit Managers Association, Northern Nevada Chapter, Umpqua Bank, "Public Works Jobs in Nevada and California," "Bond Requirements for a General Contractor in Nevada and California," "How to Obtain Bond Information," and "Best Ways to Protect Your Rights on Native American Projects," August 27, 2019, Reno, NV.
- Credit Managers Association, Southern Nevada Chapter, Monthly Meeting, "Best Ways to Protect Your Rights on Native American Projects," August 14, 2019, Las Vegas, NV.
- Nevada Contractors Association, Diversity & Inclusion Council Monthly Meeting, "Construction Law in Nevada and Doing Business as a DBE," February 19, 2019, Las Vegas, NV.
- Association of Corporate Counsel, "Privacy Law for Business", November 28, 2018, Las Vegas, NV.
- National Business Institute Seminar, "Recreational Marijuana Business Law in Nevada" and "Obtaining a Nevada Cannabis Business License," August 23, 2018, Las Vegas, NV.
- National Business Institute, The Rules of Evidence: A Practical Toolkit Seminar, "Keeping Evidence Out (Pre and Post Trial)," and "Admission/Exclusion of Unique Evidence," June 28, 2018, Henderson, NV.
- Southwest Business & Construction Credit Conference, "Nevada Construction Law," April 5, 2018, Tempe, AZ.
- ASHRAE of Southern Nevada Meeting, Construction Law, "Professional Liability and Protection and Payment Issues Faced by Heating and Ventilation Engineers/Subcontractors," March 20, 2018, Las Vegas, NV.
- National Business Institute, Guide to Human Resource Laws in the Workplace Seminar, "Workplace Behavioral Issues: Appropriately Handling Thorny Situations," "Workplace Privacy and Employee Monitoring," and "Disciplining and Firing Employees," March 13, 2018, Henderson, NV.
- National Business Institute, Recreational Marijuana Business Law in Nevada Seminar, "Obtaining a Nevada Cannabis Business License," September 28, 2017, Las Vegas, NV.
- Plumbing Heating & Cooling Contractors of Nevada, July Membership Meeting, "Nevada Construction Contracts," July 11, 2017, Las Vegas, NV.
- Southwest Business & Construction Credit Conference, "Nevada Construction Law," April 6, 2017, Tempe, AZ.
- Nevada Subcontractors Association, Dine & Development Series, "Do's and Don'ts to Union Organizing in the Construction Industry," February 16, 2017, Las Vegas, NV.
- National Business Institute, Nationwide Teleconference, "Construction Injury Litigation," January 31, 2017, Las Vegas, NV.
- Nevada Subcontractors Association, Dine & Development Series, "Key Construction Contract Terms in Nevada," July 21, 2016, Las Vegas, NV.
- Credit Management Association, Subcontractors Industry Credit Group Meeting, "New Legal Issues in the Nevada Construction Arena," April 14, 2016, North Las Vegas, NV.
- Southwest Business Credit Services, 16th Annual Business and Construction Credit Conference, "Nevada Lien Law," April 7, 2016, Tempe, AZ.
- Sterling Educational Services, "Fundamentals of Employment Law—The ACA/Obamacare: What Employers Need to Know," August 26, 2015, Las Vegas, NV.
- Building Industry Credit Association, Southwest Business & Construction Credit Conference, "Nevada Mechanic's Lien Law," April 10, 2015, Phoenix, AZ.
“I am a proud member of the advisory board of directors of Project 150.”
Project 150 is a Las Vegas founded nonprofit company which serves underprivileged and homeless high school students by establishing resource rooms in various high schools throughout the Las Vegas area. Project 150 has also established a "boutique" where students may shop free of charge for clothing and other necessities which they may be lacking. Every year a "Prom Closet" is held allowing students who otherwise would not be able to attend prom to shop, free of charge, for prom dresses and suits. Volunteers are on hand to assist with makeup and tailoring of clothing. Every holiday season ready-made meals are delivered to students to share with their families so that everyone can enjoy the holiday season.