Brian Cabianca is a trial lawyer with extensive experience representing clients in high-stakes and complex commercial litigation.  His practice focuses primarily on matters involving business torts, with an emphasis on disputes involving breach of contract, fraud, interference with business advantage, breach of fiduciary duty, trade secrets, securities, banking, noncompete agreements, defamation, and intellectual property.  He regularly defends clients against putative class actions and has published on class action procedure.  In 2009, the State Bar of Arizona appointed Brian to the Class Action and Derivative Suits Committee.

Brian also serves as the Professional Development Chair for Squire Sanders’ 400-lawyer advocacy group, serves on the firm’s distressed real estate group, and is the Chair of the Phoenix office’s Hiring Committee.

In both 2009 and 2010, Brian was named a “future star” by the national publication Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys. Likewise, AZ Business magazine named him in its 2009 and 2010 listings of “Top Lawyers” in Arizona. He was also included in Thomson Reuters’ 2011 and 2012 lists of Southwest Super Lawyers, a distinction honoring the top 5 percent of lawyers in the state. Brian also has been acknowledged as an up-and-coming lawyer by bizAZ magazine and receives the highest ranking of AV from Martindale-Hubbell.

Representative Experience

• Successfully argued motion to dismiss US$200 million derivative lawsuit.
• Defended deposition of New York Times best-selling author and successfully argued dispositive motion on US$5 million claims for conversion, RICO, fraud, wrongful interference, and unjust enrichment.
• Lead lawyer in securing seven-figure summary judgment against a television network and the network’s principals.
• Lead lawyer in case involving more than 30 depositions over 30-day period.  The case settled on favorable terms during Brian’s opening statement.
• Lead lawyer in bench trial involving commercial lease dispute; judge ruled in our client’s favor on all counts and awarded our client more than US$100,000 in attorneys' fees based on finding that the adverse party had “contrived breaches of the lease and acted in bad faith.”  The case was affirmed on appeal.
• Obtained dismissal of fraud, breach of contract, and RICO claims against a national marketing company.
• Defended various national banking institutions against claims of lender liability, securities fraud, breach of contract, and breach of fiduciary duty.
• Obtained denial of class certification and successfully defended a developer and country club against allegations of excessive development, excessive dues and fees, and insufficient access to golf courses.
• Successfully argued dispositive motion securing dismissal of putative class action asserting wage and unfair business practice claims against a national transportation company; also successfully argued the appeal.
• Secured temporary restraining order and preliminary injunction against former employees under the Uniform Trade Secrets Act and various noncompete and nonsolicitation agreements.
• Secured denial of preliminary injunction and dismissal of copyright and trademark claims against a product manufacturer.
• Lead lawyer for the plaintiff and secured permanent injunction in a federal jury trial on trademark, unfair competition, and anti-cybersquatting claims.
• Lead lawyer in securing expedited receiverships over an apartment complex and other commercial projects.
• Lead lawyer in securing US$6.3 million summary judgment in a real estate dispute.