Brian J. Laliberte
Member
(614) 458-9792
Office: Columbus
Energy
Business
Employment
Litigation
J.D. Case Western Reserve University School of Law
B.A. University of Michigan
Licensure: OH
See Education

Biography

Brian Laliberte is relentless. His singular focus is to help clients achieve their objectives. He immerses himself in his clients’ businesses and industries so that he can provide clear, direct, and timely strategic and tactical counsel. He cuts through the clutter and finds the best route for his clients.

Brian’s practice can best be described as a hybrid trial-business practice. He is a formidable advocate and strategist in litigation matters and in the boardroom. He has an uncanny ability to assimilate information, identify operative issues, design a plan, and execute it. In litigation matters, this eliminates waste and facilitates faster case resolution. In business matters, this encourages informed, rational, and transparent decision making. Brian is equally passionate about both aspects of his practice.

Brian has a particular affinity for trial work. He wants to win every case for his clients. He loves the courtroom and feels at home there. Being on his feet in front of a jury is second nature to him. He trained under a federal district judge who taught him the importance of exhaustive preparation, courtroom decorum, and establishing personal rapport and credibility with judicial officers, court staff, and jurors. These qualities are part of Brian’s ethos and have been critical to his success as a trial lawyer. Brian is at his best in the courtroom when the stakes are high – as they are in every case.

Brian’s business practice is driven by his passion for helping small and middle-market companies in the Columbus Region grow and succeed. He is energized when owners and leadership teams ask him to weigh in proactively on mission critical decisions and to help fix nagging problems. He tirelessly studies problems from many angles, carefully assesses the entire situation, and recommends alternatives that best advance his clients’ objectives. Brian stands shoulder-to-shoulder with his clients as they pursue their business objectives and is with them through every difficulty and achievement.

Speaking Engagements

PUBLICATIONS

"Litigation Cropping Up as Losing Applicants Scrap for Handful of Medical Marijuana Cultivator Licenses in Ohio," American Bar Association, Business Law Section, Business and Corporate Litigation Committee Newsletter (Summer 2018)

"Chapter 19 – Topics in Business Divorce Litigation" and "Chapter 24 – Financial Institutions Litigation," Business and Corporate Litigation, Chapter Editor and Contributor, American Bar Association (2018)

"Good Faith, Bad Faith, No Faith: Will Subjective Good Faith Standard Influence How Litigants Approach Mediation?", ABA Business and Corporate Litigation Committee Newsletter (Fall 2017)

"Evaluating 'Loser Pays' Clauses in Arbitration Agreements," Law360 (October 2017)

"Is There an Emerging Trend in Post-Foreclosure Litigation Under Regulation X?", ABA Consumer Financial Services Committee Newsletter (June 2017)

"The Business Trial Lawyer’s Emergency Tool Kit," The Trial Lawyer (Winter 2015)

"Constructing a Quick and Effective Expert Cross-Examination," Ohio Association of Civil Trial Attorneys Quarterly Review (Spring 2015)

"Quick Expert Cross-Examinations," Columbus Bar Lawyers Quarterly (Spring 2015)

"The Rise of Coordinated Health Care Fraud Enforcement," Law360 (September 2014)

"Tactical Use of the Tax Practitioner Privilege in Civil Tax Litigation," Bloomberg BNA – Daily Tax Report (August 2014)

"The Business Trial Lawyer’s Tool Kit," OAJ Quarterly, Business Torts Section (2014)

SPEAKING ENGAGEMENTS

Presenter and Organizer, “Accounting & Valuation Issues in Closely Held Companies,” Ohio State Bar Association (September 25, 2018)

Panelist, Arbitration: “An Effective Alternative to Courts,” American Bar Association Business Law Section Annual Meeting (September 15, 2018)

"Regulatory Enforcement and Compliance Initiatives Affecting Investment Professionals," Keynote Speaker, Wealth Management of Northwest Ohio Quarterly Meeting (November 2017)

"Who's on First? Regulatory and Enforcement Priorities for the Trump Administration Affecting Investment Professionals," CFA Society Cleveland, Cleveland, Ohio (September 2017)

"Preparing In-House Counsel and External Lawyer Advocates for Effective and Good Faith Mediation of M&A and Other Business Disputes," American Bar Association Business Litigation Section Annual Meeting, Chicago, Illinois (September 2017)

"Drafting Organizational Documents to Avoid Litigation," Business Law Conference, Ohio State Bar Association, Columbus, Ohio (May 2017)

"Quick Expert Cross-Examination," Ohio State Bar Association webinar (December 2016)

"Top 10 Employment Law Risks," Hot Topics in Employment & Employee Benefits Law, Tucker Ellis LLP, Columbus, Ohio (November 2016)

"The Business Trial Lawyer’s Tool Kit – Practical Steps for Preparing and Filing a Case Under Exigent Circumstances," Ohio State Bar Association webinar (November 2016)

"Balancing the Active Transportation Network," Panelist, 2016 Regional Trails Summit Making the Economic Case for Trails, Cincinnati, Ohio (August 2016)

"Trial Evidence and E-Discovery," Columbus Bar Association, Columbus, Ohio (September 2015)

Association of Corporate Counsel, Central Ohio Chapter, Dodd-Frank and Sarbanes-Oxley Whistleblower Investigations and Litigation: Preventing and Defending Whistleblower Claims Seminar, Organizer (2015)

"Criminal Health Care Fraud Enforcement," 2015 Health Care Fraud and Abuse Symposium, Columbus Bar Association, Columbus, Ohio (May 2015)

"Federal Criminal Tax Issues," Moderator, Columbus Bar Association, Columbus, Ohio (2009)

"The Modern Rubric for Attorney Fees," Moderator, Axelrod LLC, Columbus, Ohio (2009)

"Sunshine Week 2009: Your Right to Know," Moderator, ACLU Ohio Chapter, Columbus, Ohio (2009)

Voter Notification Panel Discussion Leader, Ohio Election Conference, Columbus, Ohio (2009)

"Foreign Corrupt Practices Act Enforcement Trends, Red Flags and Effective Compliance Programs," Deloitte Financial Advisory Services Alumni Club, Columbus, Ohio (2008)

Ohio Supreme Court Summer Law & Leadership Institute, Columbus, Ohio (2008)

"Election Day Troubleshooting," Ohio Democratic Party, Columbus and Cincinnati, Ohio (2008)

"State Attorneys General Powers and Duties," Association of Corporate Counsel, Central Ohio Chapter, Columbus, Ohio (2008)

"State Enforcement Issues," 5th Annual Pharmaceutical Marketing Compliance Congress, Center for Business Intelligence, Washington, D.C. (2008)

"Evidentiary Foundations," Office of the Ohio Attorney General, Columbus, Ohio (2007)

"Client Relations Strategies," Office of the Ohio Attorney General, Columbus, Ohio (2007)

"Litigating for the Ohio Attorney General," Office of the Ohio Attorney General, Columbus, Ohio (2007)

"Data Thefts Require a Comprehensive Response," Association of Corporate Counsel of America, Central Ohio Chapter, Focus Newsletter (2006)

Key Experience

Lead counsel in Delaware Chancery Court litigation between joint venture partners in a technology start-up involving alleged claims of trade secret misappropriation, breaches of contract and fiduciary duty, and unfair and deceptive acts and practices
Directed litigation related to a $75-million fraud perpetrated on the Ohio Bureau of Workers' Compensation, resulting in more than $12 million (of approximately $20 million in remaining unrecovered funds) being returned to the State of Ohio in a 12-month period
Lead defense trial counsel in a consumer lawsuit against three financial services providers arising from the use of pre-foreclosure asset preservation services

Memberships & Awards

Professional
America's Top 100 High Stakes Litigators® (2018)
Ohio Super Lawyers® (2015-2018)
American Bar Foundation, Fellow
American Bar Association, Business Law Section, Business & Corporation Litigation Committee
American Bar Association, Financial Institutions Litigation Subcommittee, Vice Chair
American Bar Association, Business Divorce Subcommittee, Vice Chair
American Bar Association, Cannabis and Alcoholic Beverages Working Group, Vice Chair
Ohio Top 40 Under 40, The National Trial Lawyers (2012, 2013)
Ohio Super Lawyers Rising Stars® (2006, 2007, 2011-2013)
"Forty Under 40," Columbus Business First (2008)
Columbus Bar Association, CLE Advisory Board, Chair (2014-2016)
Columbus Bar Association, Judicial Screening Committee (2004-2007, 2008-2010)
Ohio State Bar Foundation, Fellow
Ohio State Bar Association, Litigation Section Council
Ohio State Bar Association, Gaming and Liquor Law Committee, Vice Chair (Cannabis Law)
American Inn of Court, Thomas J. Moyer Inn (2013-2016)