Brian D. Gwitt

Partner

At A Glance

Brian D. Gwitt is a Partner in the firm's Litigation Department. His practice involves business and commercial litigation, including contract disputes, Uniform Commercial Code, corporate governance, intellectual property/trade secret litigation, bankruptcy litigation, real estate litigation and debtor/creditor matters. Mr. Gwitt has also handled multiple securities disputes, including assisting clients with responding to U.S. Securities and Exchange Commission (SEC) investigations and representing broker-dealers, brokers and investors in court disputes and arbitration proceedings before the Financial Industry Regulatory Authority (FINRA). A large part of Mr. Gwitt's practice involves handling critical matters for businesses, including seeking/defending against temporary restraining orders and preliminary injunctions, and handling other forms of emergency relief. Mr. Gwitt has successfully handled multiple lawsuits and arbitrations through verdict. He has a multi-jurisdictional practice, handling cases in federal and state courts in New York, Illinois, Massachusetts, Indiana, Ohio, Pennsylvania, California, Texas, Utah and other states.

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Education

State University of New York at Buffalo Law School, J.D., Magna Cum Laude

State University of New York at Fredonia, B.A., Summa Cum Laude

Bar Admissions

Mr. Gwitt is admitted to practice in all New York state courts, the U.S. District Court for the Western, Northern and Southern Districts of New York, the U.S. Bankruptcy Court for the Western and Southern Districts of New York, the U.S. Court of Appeals for the Second Circuit, the U.S. Tax Court and all state and federal courts located in Indiana.

Key Representative Matters

  • Obtained an approximately $1 million jury verdict in a breach of contract/sale of goods case. The case was tried in front of a jury in Chautauqua County.
  • Successfully obtained a judgment at the trial level, later affirmed on appeal, in favor of a Niagara County assisted living home developer that allowed a multi-million dollar development project to go forward.
  • Obtained a net jury verdict in favor of a seller of products that denied the plaintiff buyer's claims under Article 2 of the Uniform Commercial Code and awarded the seller damages on its counterclaims for nonpayment. The case was tried in front of a jury in Salt Lake City, Utah.
  • Successfully represented a well-known tour boat company in two "bet the company" lawsuits and obtained judgments that allowed the company to stay in business.
  • Represented a former professional athlete in a lawsuit against the perpertrators of a Ponzi scheme and in an arbitration against an investment advisor and obtained favorable settlements.
  • Successfully represented an employer in obtaining a temporary restraining order and a preliminary injunction against a former employee who removed confidential/proprietary information.
  • Obtained a favorable settlement for a buyer on claims related to a seller's breach of representations and warranties in a stock purchase agreement.
  • Obtained a judgment plus attorney fees in a contract dispute between a buyer and seller over the breach of a commercial real estate contract.
  • With partner William Savino, successfully defended a seller of construction products at both the Illinois trial and appellate courts, defeating the plaintiff buyer in a Uniform Commercial Code "battle of the forms". http://caselaw.findlaw.com/il-court-of-appeals/1442128.html



Professional Affiliations

Mr. Gwitt is the current President of the U.B. Law Alumni Association, where he has served on the Board since 2006. He is a member of the Erie County Bar Association and the New York State Bar Association. He is a Senior Fellow of the Litigation Counsel of America.

Honors

Mr. Gwitt has been recognized as a Super Lawyer for Upstate New York for Business Litigation by Super Lawyers magazine. He has been named to Business First of Buffalo's "Legal Elite of Western New York," and in 2016 was voted by his peers to the “Top 10 Legal Elite Honorable Mention” list. In 2012, he was listed in Business First of Buffalo's "Who's Who in Law" List. Mr. Gwitt has an AV Preeminent rating from Martindale-Hubbell, and has been ranked by his peers at the highest level of professional excellence.

Community Involvement

Mr. Gwitt is a director of the United Way for Buffalo and Erie County, and he currently serves on the Executive Committee and chairs the Advocacy Committee for that entity. He is a member of the finance committee for St. Benedict School located in Amherst, New York. Mr. Gwitt is very active in youth sports and coaches various basketball, baseball and soccer teams.