Brian Schulman

Partner

schulmanb@ballardspahr.com
Tel 602.798.5407
Fax 602.457.0115
Phoenix

Brian Schulman is the Practice Leader of the firm's Real Estate and Construction Litigation Group and sits on the firm's Strategic Planning Committee.

He is a seasoned litigator who works to identify the business issues lying at the core of a dispute in order to formulate a focused and efficient plan to achieve his client's goals. Mr. Schulman combines his broad-based experience in business disputes and knowledge of the legal process to advise clients on the risks and rewards of litigation and to craft strategies designed to achieve success at trial, while also identifying opportunities for early resolution. Whether through aggressive litigation or negotiation, he recognizes that his client's business objectives are the paramount goal of any litigation engagement.

Mr. Schulman's practice encompasses commercial and business tort litigation. He has represented financial institutions, service providers, insurance companies, banks, manufacturers, distributors, and health care providers in contract and business tort litigation, arbitration, and mediation. He serves as outside general counsel to a large medical professional liability insurance company, and has served as national counsel to a Fortune 500 company on its nationwide product liability issues.

Representative Matters

  • Won a $193,000,000 judgment after a three week trial on a defaulted loan secured by a 4-star resort and golf complex in Tucson, Arizona. The judgment in the client's favor pierced the corporate veil between the borrower and non-borrower defendants rendering all defendants jointly and severally liable for the full amount of the judgment.
  • In a case of national significance, obtained preliminary and permanent injunctions preventing the mezzanine lender from foreclosing on a major luxury resort in derogation of the rights of the senior lender
  • Represented a major real estate developer at trial in a lender liability action based on the lender's failure to fully fund the loan, causing failure of two multimillion-dollar mixed-use developments
  • Obtained a temporary restraining order, and ultimately summary judgment and an award of attorneys' fees, preventing a high-profile resort from unilaterally imposing amendments to a rental pool agreement on investors in rental pool units
  • Successfully defended a national financial institution in litigation claiming multimillion-dollar losses in investment portfolio; claims included negligence, fraud, and breach of fiduciary duty
  • Successfully represented a multidisciplinary durable medical equipment provider in prosecution of litigation against a competitor asserting claims of trade libel, unfair competition, and breach of contract

Professional Activities

Maricopa County Superior Court, Judge Pro Tem, 2005-2014 

State Bar of Arizona, Civil Practice and Procedure Committee, past member

Arizona Association of Defense Counsel, past member, Executive Committee; past President, Young Lawyers Division

Northern Arizona University, past Adjunct Professor

Recognition & Accomplishments

Southwest Super Lawyer, business litigation, 2013-2017

The Best Lawyers in America, insurance law, 2017-2018; commercial litigation, real estate litigation, 2018

AV Peer Review Rating, Martindale-Hubbell

Recipient, American Jurisprudence Awards for Constitutional Law and Trusts, Wills and Estates

Named a Top Lawyer for alternative dispute resolution, commercial litigation, health care, mediation, and product liability by Arizona Business magazine, 2008, 2011

Speaking Engagements

Mr. Schulman is a frequent speaker on litigation planning in business transactions, trial tactics and strategies, civil procedure, litigation avoidance, insurance coverage, and bad faith.

Boston University School of Law (J.D. 1994, magna cum laude)
Editor, American Journal of Law and Medicine; G. Joseph Tauro Distinguished Scholar; Edward F. Hennessey Scholar; Paul J. Liacos Distinguished Scholar

Arizona State University (B.A. 1991, magna cum laude)


Arizona