Attorneys

Attorneys

Brian T. Kiolbasa

Attorney | Portland | 503.778.2103 | kiolbasab@lanepowell.com

Areas of Practice

Brian Kiolbasa’s practice focuses on the representation of financial institutions, businesses, and individuals in a broad range of commercial and complex litigation matters. He has experience in all aspects of litigation, and has successfully represented a number of clients in lender liability actions, real estate disputes, bankruptcy litigation, and claims involving premises liability, business torts, products liability, and contract disputes.

Brian has extensive premises liability experience, specifically in the upscale fashion retail environment. He assists clients with all aspects of the litigation process, including discovery and document analysis, drafting and reviewing of pleadings and motions, and preparing witnesses to testify.

Brian regularly appears in state and federal courts throughout Oregon, and has drafted appellate briefs in both the Oregon Court of Appeals and the Ninth Circuit Court of Appeals. In addition, he has worked closely with his clients to develop litigation strategies for high-priority lawsuits and to address emerging legal issues.

Prior to joining Lane Powell, Brian spent three years working as a litigation associate in Chicago. Before attending law school, he worked as a financial analyst for a Fortune 500 corporation in the Phoenix metropolitan area.

Admitted to Practice

  • Oregon
  • Illinois (inactive)
  • U.S. District Court, District of Oregon
  • U.S. District Court, Northern District of Illinois
  • Ninth Circuit Court of Appeals

Academics

  • 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., Finance, cum laude, 2003)

Practice Group and Specialty Team Memberships

  • Bankruptcy and Creditors’ Rights
  • Business Crisis Management and Emergency Remedies
  • Litigation
  • Mortgage and Consumer Finance
  • Premises Liability

Representative Premises Liability Matters

  • Defended upscale fashion retailer in negligence claim by shoplifter alleging that client’s loss prevention personnel fractured shoplifter’s wrist in the process of detaining her for investigation. Duties included analysis of client’s records and written discovery, interviews of client’s loss prevention personnel, and drafting motion for summary judgment, which was granted in client’s favor.
  • Assisted upscale fashion retailer in moving to quash criminal subpoena duces tecum seeking disclosure of client’s loss prevention training manuals, policies, and procedures. Duties included drafting motion to quash and arguing motion, resulting in court order quashing subpoena’s request for production of materials, thereby maintaining the confidentiality of client’s trade secrets.
  • Prepared three members of upscale fashion retailer’s loss prevention team for testimony at criminal trial of former employee charged with theft. Duties included interviewing client’s loss prevention team, preparation of employees for anticipated topics of examination and cross-examination while ensuring that confidentiality of client’s loss prevention strategies was preserved, and attending trial with client’s employees. (Matter was ultimately resolved before client’s employees testified.)
  • Defended warehouse grocery store chain in customer’s slip and fall claim. Duties included drafting pleadings, engaging in written discovery, appearing for court appearances, and negotiating terms of settlement.
  • (Pending) Defending upscale fashion retailer in negligence claim brought by customer, where client’s employee allegedly struck customer with merchandise cart, resulting in alleged permanent injury to customer’s lower leg. Duties to date have included reviewing pleadings, analysis of client’s
    records, and discussions with opposing counsel relating to early resolution of lawsuit.
  • (Pending) Defending retailer in strict liability and negligence claim alleging personal injury resulting from spontaneous combustion of electronic product sold by retailer. Duties to date have included reviewing pleadings, analysis of client’s records, and preparing client’s litigation strategy.

Awards and Honors

  • Named as an “Oregon Rising Star,” Super Lawyers® magazine, Bankruptcy and Creditor/Debtor Rights (2013); General Litigation (2014-2015); Business Litigation (2016)
  • Recognized in the Oregon State Bar Pro Bono Honor Roll (2014)

Professional & Community Activities

  • General Counsel, Pro Bono, Special Olympics Oregon
  • Board of Directors, Oregon Lawyers Against Hunger
  • Member, Federal Bar Association – Banking Law Section
  • Member, Multnomah Bar Association
  • Volunteer, Oregon Law Center Pro Bono Clinic