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.

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Services

Business & Corporate

Our business is business–your business. We offer vast experience in a full array of corporate legal services.

Credentials

Education

  • Drexel University, Thomas R. Kline School of Law, 2018
    • Graduate Certificate, Privacy & Cybersecurity
  • University of New Mexico Law School, 1996
    • J.D.
  • University of New Mexico, 1992
    • B.B.A., Finance concentration

Memberships

  • 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

Admissions

  • 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

Professional Achievements

  • The Best Lawyers in America©, 2018-2020
  • 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

Experience

Representative Matters

  • 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

Presentations

  • 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.

Community

Community

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.