Civil Rights and Government Law
Having served as a government lawyer, an appointed criminal defense attorney, and a civil litigator in private practice, Brian has deep experience prosecuting and defending legal challenges to government action. Brian’s commitment to civil rights and the public interest dates back to his law school days when, as a student practitioner with the New York Civil Liberties Union, he played an instrumental role in First Amendment litigation securing public access to administrative proceedings to protect the rights of individuals facing charges.
In his 10-plus years as a lawyer for New York City, Brian advised the Mayor's office and other city agencies and litigated claims against the State of New York, the City of Newark (NJ), and between branches of NYC government. These cases involved advancing government policies in areas including affordable housing, economic development, public health, and homeless services. In Massachusetts, Brian has represented local government agencies, litigated under the Public Records Law, and advised clients on navigating government.
Brian has also litigated qui tam lawsuits brought under the False Claims Act (FCA). As a leading FCA litigator at the New York City Office of the Corporation Counsel, Brian handled some of the first qui tam cases prosecuted by NYC, investigating and pursuing claims against contractors and corporate taxpayers in the finance, real estate, and construction sectors, among others. His work led to favorable rulings on multiple issues of first impression in this area of law. Brian understands that whistleblowers face unique challenges and need an advocate who can mix zealousness, savvy, and persistence in holding fraudsters accountable.
Decisions in qui tam cases in which Brian took the lead for New York City include City of New York ex rel. Weiner v. Siemens Electrical, LLC, 2017 N.Y. Misc. LEXIS 13357 (Sup. Ct. N.Y. County, July 28, 2017) (denying defendants’ motion for summary judgment); City ex rel. Weiner v. Siemens, 65 Misc. 3d 333 (Sup. Ct. N.Y. County, Aug. 7, 2019) (approving settlement favorable to NYC), aff’d 190 A.D.3d 517; City ex rel. Lerman v. E.J. Electrical Installation Co., 2020 N.Y. Misc. LEXIS 10588 (Sup. Ct. N.Y. County, Dec. 15, 2020); and State of New York ex rel. Campagna v. Post Integrations, Inc., 2017 N.Y. Misc. LEXIS 5493 (Sup. Ct. N.Y. County, Oct. 12, 2017) (denying defendants’ motion to dismiss FCA claims based on failure to pay corporate taxes), aff’d in relevant part, 162 A.D.3d 592.