Brian F. Eviston

Biography

Brian Eviston concentrates his practice in the areas of corporate law, commerical law, landlord-tenant law, and complex corporate and commercial litigation. He has extensive experience counseling owners, executives, and officers in all areas of their business, including corporate formation, mergers and acquisitions, succession planning, contract formation, government regulation, employment decisions, and property ownership and management.

Brian’s litigation experience on behalf of businesses, banks and individuals covers a wide variety of issues in corporate and commercial law, including contract disputes; shareholder, member and partner disputes; breach of fiduciary duty, fraud and other business torts; residential, HUD, and commercial lease litigation; real estate litigation and title disputes; construction litigation; insurance coverage litigation; commercial workouts; foreclosures, forcible detainer actions and employment-related cases.

Brian is dedicated to helping his clients achieve long-term financial success. He works closely with business owners, in-house counsel, and individuals to learn their business so that he may tailor a practical, value-added strategy that places them in the best possible position to achieve positive, cost-effective results. Brian explores alternative resolutions to his clients’ adverse situations, including mediation and arbitration, and he has the litigation experience necessary to successfully represent his clients in the state and federal courts as well as the state and federal administrative agencies.

Actively involved in the local business community, Brian continues to develop a diverse network of professionals, banks, business owners, and individuals who enjoy the mutual benefit that is created by the exchange of business referrals, information, and advice. These network connections are instrumental in the promotion and development of his clients’ business interests.

Significant Representations

• Successfully represented minority Shareholders in a breach of fiduciary duty, breach of  contract case adverse to a large international organization who was the majority Shareholder in the company. The case settled upon favorable terms for the Plaintiffs prior to trial.
• Successfully represented a large commercial landlord and property management company in a breach of contract action initiated by a tenant who performed a lease audit and measured the rentable square feet of the leased premises using the BOMA method of measurement.  The case was tried and our client received a complete dismissal of the Plaintiff’s claims.
• Successfully negotiated the sale of a member’s 50% interest in a small, closely held business to the other member.
• Successfully restructured the existing debt and secured a line of credit loan for a medium sized, family-owned business that had experienced a decrease in revenues.
• Successfully represented the Plaintiff, who was a partner in a joint venture with another corporation.  The case was tried and our client received a favorable verdict, which was affirmed by the Court of Appeals.
• Successfully represented the Plaintiff, who was a minority Shareholder in a large national organization.  The case was settled upon favorable terms to the Plaintiff prior to the commencement of trial.