Brian provides counsel on regulatory compliance and transactional opportunities to municipal entities across the nation, established companies, new businesses, and trade associations in their complex contract negotiations and regulatory proceedings. He has a wide range of experience in highly regulated sectors with particular emphasis on government and technology agreements and a variety of other commercial transactions.
Brian has worked with governmental authorities at all levels and across an array of subject matter and technical areas. His decades of experience representing clients in regulatory and administrative matters allows him to find innovative and creative solutions for his clients.
Government Contracting
Government policies and regulatory issues present both challenges and opportunities. Brian combines industry knowledge and government insight with regulatory expertise and legal experience so that he can advise clients regarding the issues arising at the convergence of government, business, and the law. Brian offers practical advice to further his clients’ objectives and reach a win-win resolution. He strives to maintain expectations and build a relationship between parties that will often work together following contract negotiations.
Cable and Telecommunications
Representing local units of government throughout the country on communications issues is a practice focus for Brian. His counsel to more than 250 municipalities in 26 states includes successfully negotiating hundreds of cable franchise renewals around the country. Brian has served as communications law counsel to large and small jurisdictions, including the City of Chicago and the City of Seattle, and has represented state municipal leagues, including the Georgia Municipal Association.
Brian has experience drafting and negotiating pole attachment agreements, right-of-way ordinances, IRU agreements, vendor contracts, and related agreements with a broad spectrum of entities. He also advises clients on state and federal requirements and policies, including Title II and Title VI of the Federal Communications Act, FCC regulations, the National Electrical Code, the National Electrical Safety Code, and a variety of construction standards and regulatory requirements.
Wireless Infrastructure, Wireless Facilities Siting
Brian represents private property landlords and local governments on cell siting issues, including cell towers, water tower leases, ground leases, rooftop leases, wireless infrastructure, and wireless facilities siting. He drafts and negotiates wireless ordinances and advises clients on federal and state rules for permit application processing in connection with deploying wireless telecommunications infrastructure. Brian regularly presents at state and national conferences on right of way management, cell tower leasing, and pole attachment contracting.
Technology Transactions
Brian structures and negotiates custom transactions in the areas of information technology, including managed services and enterprise software licensing. He has assisted clients with technology contracting needs, including pension system implementation and contract compliance. He has drafted and negotiated numerous license agreements, software maintenance agreements, and services agreements, including terms of services, master service agreements, service level agreements, and privacy policies.
Experience
- Precedent-setting denial of cable franchise renewal. Moss & Barnett represented the city of Sturgis, Kentucky, which became the first municipality in the country – and one of only three under the Federal Cable Act – to successfully deny a cable operator’s request for franchise renewal. We effectively argued that the cable operator’s proposal was not reasonable to meet the future cable-related needs and interests identified by the city. Brian represented Sturgis throughout the renewal process and personally prepared its needs assessment report, which the federal district court cited extensively in upholding the city’s denial. Union CATV, Inc. v. City of Sturgis, et al., No. 4:95-CV-72-M (U.S. Dist. Ct., W. Dist. of Ky. at Owensboro, Dec. 29, 1995); Union CATV, Inc. v. City of Sturgis, Kentucky, 107 F.3d 434 (6th Cir. 1997).
- Web hosting services agreements. Brian advises Moss & Barnett’s accounting firm clients, many of which have large regional or national client bases, on web hosting services agreements. In one transaction, Brian advised on the creation of a master service agreement (MSA) that called for construction of a dedicated third-party data center to host and support our client’s applications. Brian structured the MSA to allow the accounting firm’s clients to have exclusive use of the data center infrastructure, with appropriate service-level obligations and payment terms structured to meet the client’s objectives.
- Contracts creating a client interactive site. Moss & Barnett assisted in the development of contract documents required to create a client interactive site, which allows the client’s personnel to collaborate and communicate with its clients. The site was designed to integrate, manage, and maintain customer information systems, including marketing, sales, contracts, inventory, order management, purchasing, projects, billing, the call center, and field service. The client’s existing information systems were not integrated and therefore created data discrepancies. We assisted in creating the underlying documents to provide an integrated information system. Brian’s work included review and preparation of documents to create the required functionality, business rules, and liability protections.
Credentials
Education
William Mitchell College of Law, J.D.; editor, William Mitchell Law Review
Creighton University, B.A., Mathematics
Admissions
- Minnesota
Honors & Recognitions
Minnesota Super Lawyers (2023-present)
Martindale-Hubbell AV Preeminent® (2000-present)
News & Insights
News
Speaking Engagements
Publications
Multimedia
Should the Government Censor Indecent Broadcasts on TV and Radio? ("Minnesota Law, Presented by Moss & Barnett")
Affiliations
Professional Associations
- American Bar Association, Communications Law
- Minnesota State Bar Association, Communications Law Section – Former Chair
- Hennepin County Bar Association
- National Association of Telecommunications Officers and Advisors
- International Municipal Lawyers Association
- Minnesota Association of Community Telecommunications Administrators
Board Memberships
- Brian has served on Moss & Barnett’s board of directors since 2009 and as its President and Chief Executive Officer since 2017
- The Fund for the Legal Aid Society – Board Member (2020-present)
- Twin Cities Diversity in Practice – Advisory Board (2019-present)