Brian Schulman

Brian Schulman handles commercial litigation involving contracts and business torts. He has represented financial institutions, banks, insurance companies, service providers, manufacturers, distributors and health care providers in litigation, arbitration and mediation. His work also includes serving as outside general counsel to a large medical professional liability insurance company and having served as national counsel to a Fortune 500 company on nationwide product liability issues.

Brian approaches disputes by identifying the business issues at their center and developing a plan tied to the client’s objectives. He advises clients on the risks and potential rewards of litigation, prepares matters for trial and considers opportunities for early resolution through negotiation. That approach reflects his emphasis on the business outcome, whether a dispute proceeds through litigation or is resolved sooner.

At Ballard Spahr, Brian is co-leader of the Real Estate and Construction Litigation Group. He also serves on the firm’s Elected Board and Strategic Planning Committee.

• 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

• Boston University School of Law (J.D., magna cum laude, 1994)
  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., magna cum laude, 1991)

• Arizona

• The Best Lawyers in America, commercial litigation, real estate litigation, real estate law, construction litigation, insurance law, 2017-2027
• 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 

• Maricopa County Superior Court, Judge Pro Tem, 2005-2014, 2019-2020
• 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

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