Brian Kiolbasa is a seasoned trial and appellate lawyer who specializes in all aspects of commercial, banking, and real estate litigation. He is sought after for his business-minded litigation strategies, and works closely with clients to support their financial and business goals.
Brian has successfully defended countless actions brought against leading financial institutions, lenders, and loan servicers alleging various claims under federal and state consumer protection statutes, including the Truth in Lending Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act, among others. In addition to his strong banking litigation experience, Brian advises on ERISA-governed employee benefit claims, insurance disputes, employment matters, and transportation matters.
Experience
Representative Matters
Commercial Litigation
Obtained $3 million judgment on behalf of global environmental services company following four-day federal bench trial in connection with seller’s misrepresentations in asset purchase of seller’s business.
Real Estate Litigation
Secured judgment on behalf of commercial lender against borrower following bench trial in state court.
Trade Secrets Litigation
Prosecuted claims for breach of noncompete and misappropriation of trade secrets following clients’ purchase of construction services business.
Professional Highlights
Pro Bono Experience
Oregon Law Center Pro Bono Clinic, volunteer
Special Olympics Oregon, General Counsel, pro bono, 2012-2017
Professional Activities
Federal Bar Association, Banking Law Section, 2012-present
Maritime Law Association, Associate Member, 2017-present
National Center for State Courts, Young Lawyers Committee, 2016-2020
Recognition & Accomplishments
The Best Lawyers in America, Commercial Litigation, 2021-2025
Thomson Reuters, “Oregon Rising Star,” Business Litigation, 2016-2020; General Litigation, 2014-2015; Bankruptcy and Creditor/Debtor Rights, 2013
Recognized in the Oregon State Bar Pro Bono Honor Roll, multiple years
Board Memberships & Community Service
Oregon Lawyers Against Hunger, Board of Directors, 2012-2024
Credentials
Education
University of Notre Dame Law School (J.D. 2007)
Notre Dame Journal of Law, Ethics & Public Policy, Executive Articles Editor
Business Law Forum, President
School Inc. Program, mentor
Arizona State University W.P. Carey School of Business (B.S., cum laude, 2003)
Admissions
Oregon
Washington
Illinois (Inactive)
U.S. District Court for the District of Oregon
U.S. District Court for the Western District of Washington
U.S. District Court for the Eastern District of Washington
U.S. District Court for the Northern District of Illinois
U.S. Court of Appeals for the Ninth Circuit