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Brian

Brian T. Kiolbasa

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Brian Kiolbasa is a seasoned trial and appellate lawyer who specializes in all aspects of commercial, banking, and real estate litigation. He is sought out 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 (TILA), the Fair Credit Reporting Act (FCRA), and the Fair Debt Collection Practices Act (FDCPA), 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.

Regularly appearing in the state, federal, and bankruptcy courts in Oregon, Brian has also drafted winning appellate briefs in both the Oregon Court of Appeals and the Ninth Circuit Court of Appeals. Brian has been recognized as an "Oregon Rising Star" by Thomson Reuters and included in The Best Lawyers in America©. He often comments on emerging and evolving legal issues, and is considered a thought leader in the banking and commercial litigation arena.

Experience

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.
First-Party Insurance Litigation
Represented leading insurers in first-party property damage claims involving apartments, condominiums, and resorts across several western U.S. states.
Banking Litigation
Won summary judgment on behalf of bank faced with $40 million defamation claim, with award of attorney fees (both judgment and fee award later affirmed by Ninth Circuit Court of Appeals).
Product Liability Litigation
Served on defense team on behalf of a pharmaceutical distributor facing $40 billion lawsuit maintained by state government.

Community Involvement

Oregon Lawyers Against Hunger, Board of Directors (2012-2024)

Federal Bar Association, Banking Law Section, Member (2012-Present)

Maritime Law Association, Associate Member (2017-Present)

Special Olympics Oregon, General Counsel, Pro Bono (2012-2017)

National Center for State Courts, Young Lawyers Committee (2016-2020)

Oregon Law Center Pro Bono Clinic, Volunteer

Thought Leadership

August 15, 2024News
The Best Lawyers in America© 2025 Recognizes 128 Lane Powell Attorneys
Awards & Honors
August 17, 2023News
The Best Lawyers in America© 2024 Recognizes 123 Lane Powell Attorneys
Awards & Honors
August 18, 2022News
The Best Lawyers in America© 2023 Recognizes 90 Lane Powell Attorneys
Awards & Honors
August 19, 2021News
The Best Lawyers in America© 2022 Recognizes 90 Lane Powell Attorneys
Awards & Honors
December 1, 2020Event / CLE
Cutting Edge Transportation Issues for Litigation and Transactional Cases
ProLawCLE | Virtual
August 20, 2020News
The Best Lawyers in America© 2021 Recognizes 92 Lane Powell Attorneys
Awards & Honors
August 17, 2020Publication
Oregon Banks Challenge Constitutionality of HB 4204
COVID-19 Resource
July 6, 2020News
Ten Lane Powell Attorneys Recognized by Super Lawyers in Oregon for 2020
Awards & Honors
February 7, 2020Publication
Responding to Discovery Subpoenas: Oregon
Practical Law
February 7, 2020Publication
Drafting and Issuing Discovery Subpoenas: Oregon
Practical Law
January 1, 2020Publication
Drafting and Issuing Discovery Subpoenas: Oregon
Practical Law
January 1, 2020Publication
Responding to Discovery Subpoenas: Oregon
Practical Law
October 2019Publication
Residential Foreclosures (Judicial) (OR)
Westlaw Practice Note
July 9, 2019Event / CLE
Introduction to Transportation Law – It’s a Multi-Modal World Out There
ProLaw CLE | Webinar
July 5, 2019News
Twenty-one Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
Awards & Honors
June 25, 2019Publication
Maritime Law: Punitive Damages Are Not Available for an Unseaworthiness Claim
Transportation Legal Update
December 11, 2018Publication
Supreme Court to Resolve Circuit Split; Will Decide Whether Jones Act Seamen May Seek Punitive Damages in Connection With Unseaworthiness Claims
Transportation Legal Update
August 23, 2018Publication
Ninth Circuit Rules Vessel Owner-Passenger Has No Duty to Keep Lookout, Adopts Eleventh Circuit’s Standard
Transportation Legal Update
July 24, 2018News
Twenty-three Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
Awards & Honors
April 2, 2018Publication
Ninth Circuit Rules That Bankruptcy Filing Does Not Affect District Court’s In Rem Jurisdiction Over Vessel and Adopts Burden-Shifting Approach to Pretrial Awards of Maintenance Payments
Transportation Legal Update
July 10, 2017News
Twenty-three Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
Awards & Honors
January 3, 2017News
Lane Powell Announces New Shareholders
Firm Announcement
2016Publication
Drafting and Issuing Discovery Subpoenas: Oregon
Practical Law
July 11, 2016News
Twenty-one Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
Awards & Honors
2016Publication
Responding to Discovery Subpoenas: Oregon
Practical Law
July 8, 2015News
Fifteen Lane Powell Attorneys Named ‘Oregon Super Lawyers’ and Four Named as ‘Oregon Rising Stars’
Awards & Honors
July 9, 2014News
Fifteen Lane Powell Attorneys Named ‘Oregon Super Lawyers’ and Five Named as ‘Oregon Rising Stars’
Awards & Honors

Practices & Industries

Commercial Litigation
Financial Institutions Litigation & Investigations
Transportation
Business Dispute Resolution

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, District of Oregon
U.S. District Court, Western District of Washington
U.S. District Court, Northern District of Illinois
U.S. Court of Appeals, Ninth Circuit

Honors

“Oregon Rising Star,” Thomson Reuters, Business Litigation (2016-2020); General Litigation (2014-2015); Bankruptcy and Creditor/Debtor Rights (2013)

Recognized in the Oregon State Bar Pro Bono Honor Roll for multiple years

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