Brian Laliberte, JD, MBA

Experience

 

Oak Moon Consulting, Founder/Managing Director – Columbus, OH

(2/2020-present)

www.oakmoonco.com

  • Advise early stage companies concerning general business strategy, technology commercialization strategy, and corporate development (M&A, joint ventures, forming alliances, standard setting, etc.)

  • Assist founders with organizational design, leadership team selection, and alignment of economic and decision rights

  • Collaborate with leadership teams to facilitate critical decision-making concerning a variety of complex issues facing their companies

 

Oak Moon Ventures, Founder/Managing Partner – Columbus, OH

(10/2019-Present)

www.oakmoonvc.com

  • Founded a seed stage venture capital firm focused on investments in FinTech, InsurTech, LegalTech, and Health Tech companies in the Great Lakes region

Attorney: Complex Litigation, Investigations, and Fractional General Counsel – Columbus, Ohio

(9/2001-present)

www.lalibertellc.com

  • First chair trial and general in counsel in complex business and regulatory matters.

  • Lead counsel for a minority shareholder in litigation involving his force out from a technology consulting firm, resulting in the distribution of more than 55% of the firm's equity to him resulting in a distribution of more than $1 million plus unencumbered rights to the firm's intellectual property

  • Lead counsel in Delaware Chancery Court litigation between joint venture partners in a technology start-up involving alleged claims of trade secret misappropriation, breaches of contract and fiduciary duty, and unfair and deceptive acts and practices

  • Lead defense trial counsel in a consumer lawsuit against three financial services providers arising from the use of pre-foreclosure asset preservation services

  • Lead plaintiff’s trial counsel for the claimant in a FINRA arbitration that resulted in full recovery of the claimant’s direct economic loss

  • Lead counsel for a corporate joint venture partner that resulted in the return of $5.5 million, which represented a full recovery of its capital investment

  • Lead plaintiffs’ trial counsel in a real estate fraud case that resulted in the third-largest plaintiffs’ jury verdict in Franklin County, Ohio in 2012

  • Lead plaintiffs’ trial counsel for a group of shareholders in litigation filed against a closely held company and its board of directors involving the alleged intentional devaluation of company shares and a punitive forced buy-out at below fair value

  • Lead trial counsel in a complex commercial contract and trade secret dispute for an international office equipment company that resulted in full recovery of the company’s damages

  • Lead counsel for a group of defrauded investors in litigation filed against a real estate investment firm that fabricated financial information as part of a private placement memorandum to solicit investment capital

  • Defended an investment company sued as a co-defendant in a securities fraud case arising from a Ponzi scheme perpetrated by another entity, which used a single herd of cattle as collateral (instead of the multiple herds it falsely represented it owned) for sequential multimillion-dollar loans; the investment company raised capital for the loans by selling private security interests in the herds it believed the other entity owned

  • Lead defense counsel in a case brought by the Internal Revenue Service against a company accused of obtaining federal tax refunds through unlawful, unfair, deceptive, and abusive acts and practices

  • Co-trial counsel in a $30-million commercial contract arbitration involving the construction and performance of an oil and gas well and the alleged theft of confidential geological and seismic surveys

  • Co-counsel in a multimillion-dollar natural gas contract dispute involving the transmission of natural gas through Ohio pipelines

  • Directed litigation related to a $75-million fraud perpetrated on the Ohio Bureau of Workers Compensation, resulting in more than $12 million (of approximately $20 million in remaining unrecovered funds) being returned to the State of Ohio in a 12-month period

  • Defended the chief financial officer of a large insurance company in a federal criminal tax and insurance fraud prosecution that originally alleged a loss of more than $50 million but ultimately resulted in a plea agreement to one count of the superseding indictment, a loss calculation of less than $300,000, and a significantly reduced term of imprisonment

  • Defended a financial advisor in a parallel administrative investigation involving alleged claims of unfair, deceptive, and abusive acts and practices arising from the sale of securities and other investment products, resulting in no finding and closure of the case

  • Defended an investigation by the Ohio Department of Insurance into allegedly fraudulent sales acts and practices by an insurance brokerage firm, resulting in no finding and closure of the case

  • Defended an investigation by the Ohio Department of Commerce, Division of Securities, and FINRA into embezzlement claims made by a bank against a registered representative, resulting in no finding and closure of the cases

  • Defended FTC and state attorneys general investigations and litigation arising from a data breach involving the theft of credit card, debit card, and checking account information from a national retailer

 

United States District Court Northern District of Ohio, Judicial Clerk – Youngstown, OH

(1999-2001)

  • Researched complex legal issues and prepared legal memoranda and other court documents for the Honorable Peter C. Economus (ret.) in civil and criminal cases

 

Education

 

The Ohio State University Fisher College of Business – Columbus, OH

Master of Business Administration (May 2020)

  • Strategy & Corporate Development

  • Technology & Innovation Strategy

 

Case Western Reserve University School of Law – Cleveland, OH

Juris Doctor (1999)

  • Teaching Fellow

  • Milton A. Kramer Law Clinic – Law Clerk

 

The University of Michigan – Ann Arbor, MI

Bachelor of Arts, Political Science and Communications (1996)

  • LS&A Honors College

  • Order of Angell Senior Honorary Society

  • Michigan Union Board of Representatives

  • Mortar Board Honor Society

  • Michigan Journal of Political Science - Editor

 

Certificates

 

University of Michigan – Ann Arbor, MI

  • The Future of Payment Technologies (July 2020)

  • Raising Capital: Credit Tech, Coin Offerings, and Crowdfunding (July 2020)

  • Blockchain and Cryptocurrency Explained (July 2020)

Honors and Awards

  • American Bar Association, Fellow

  • Ohio State Bar Association, Fellow

  • Lead Counsel © Rated

  • Ohio Super Lawyers® (2015-2018)

  • Top 100 High Stakes Litigators® – Ohio (2018)

  • American Inns of Court, Thomas J. Moyer Inn (2013-2016)

  • Ohio Top 40 Under 40, The National Trial Lawyers (2012, 2013)

  • Ohio Super Lawyers Rising Stars® (2006, 2007, 2011-2013)

  • "Forty Under 40," Columbus Business First (2008)

 

Publications

  • "Chapter 19 – Topics in Business Divorce Litigation" and "Chapter 24 – Financial Institutions Litigation," Business and Corporate Litigation, Chapter Editor and Contributor, American Bar Association (2018)

  • "Good Faith, Bad Faith, No Faith: Will Subjective Good Faith Standard Influence How Litigants Approach Mediation?" ABA Business and Corporate Litigation Committee Newsletter (Fall 2017)

  • "Evaluating 'Loser Pays' Clauses in Arbitration Agreements," Law360 (October 2017)

  • "Is There an Emerging Trend in Post-Foreclosure Litigation Under Regulation X?", ABA Consumer Financial Services Committee Newsletter (June 2017)

  • "Constructing a Quick and Effective Expert Cross-Examination," Ohio Association of Civil Trial Attorneys Quarterly Review (Spring 2015)

  • "Quick Expert Cross-Examinations," Columbus Bar Lawyers Quarterly (Spring 2015)

  • "The Business Trial Lawyer’s Emergency Tool Kit," The Trial Lawyer (Winter 2015)

  • "The Rise of Coordinated Health Care Fraud Enforcement," Law360 (September 2014)

  • "Tactical Use of the Tax Practitioner Privilege in Civil Tax Litigation," Bloomberg BNA – Daily Tax Report (August 2014)

  • "The Business Trial Lawyer’s Tool Kit," OAJ Quarterly, Business Torts Section (2014)

 

 

Speaking Engagements

  • “The Power of Definite Optimism Strategies for Success in a VUCA Time,” Innovate New Albany TIGER Talk, Columbus, OH (May 26, 2020)

  • “Strategies for Entrepreneurs: Dealing with Volatility, Uncertainty, Complexity, and Ambiguity,” University of Michigan – Stephen M. Ross School of Business and Zell Lurie Institute, Ann Arbor, MI (April 6, 2020)

  • “The Value of a Liberal Arts Education,” University of Michigan – LSA Opportunity Hub, Ann Arbor, MI (April 3, 2020)

  • “Business Divorce Litigation Strategy and Tactics,” Presenter, Ohio State Bar Association, Columbus, OH (June 2019)

  • “Booze, Bullets, and Bingo,” Presenter, Ohio State Bar Association, Columbus, OH (April 2019)

  • “Qualified Opportunity Zones – Columbus Region,” Organizer, Columbus, OH (December 2018)

  • “Accounting & Valuation Issues in Closely Held Companies,” Organizer/Presenter, Ohio State Bar Association, Columbus, OH (September 2018)

  • “An Effective Alternative to Courts,” Panelist, American Bar Association Business Law Section Annual Meeting, Austin, TX (September 2018)

  • "Regulatory Enforcement and Compliance Initiatives Affecting Investment Professionals," Keynote Speaker, Wealth Management of Northwest Ohio Quarterly Meeting, Toledo, OH, (November 2017)

  • "Who's on First? Regulatory and Enforcement Priorities for the Trump Administration Affecting Investment Professionals," CFA Society Cleveland, Cleveland, OH (September 2017)

  • "Preparing In-House Counsel and External Lawyer Advocates for Effective and Good Faith Mediation of M&A and Other Business Disputes," American Bar Association Business Litigation Section Annual Meeting, Chicago, IL (September 2017)

  • "Drafting Organizational Documents to Avoid Litigation," Business Law Conference Ohio State Bar Association, Columbus, OH (May 2017)

  • "Quick Expert Cross-Examination," Ohio State Bar Association webinar (December 2016)

  • "Top 10 Employment Law Risks," Hot Topics in Employment & Employee Benefits Law, Tucker Ellis LLP, Columbus, OH (November 2016)

  • "The Business Trial Lawyer’s Tool Kit – Practical Steps for Preparing and Filing a Case Under Exigent Circumstances," Ohio State Bar Association webinar (2016)

  • Association of Corporate Counsel, Central Ohio Chapter, Dodd-Frank and Sarbanes-Oxley Whistleblower Investigations and Litigation: Preventing and Defending Whistleblower Claims Seminar, Organizer, Columbus, OH (2015)

  • "Trial Evidence and E-Discovery," Columbus Bar Association, Columbus, Ohio (2015)

  • "Criminal Health Care Fraud Enforcement," 2015 Health Care Fraud and Abuse Symposium, Columbus Bar Association, Columbus, OH (2015)

 

Community Involvement

  • Athletic Club of Columbus: Athletics Committee (2019-2022)

  • Ohio State Bar Association

    • Litigation Section Council, Secretary (2019-present) Education Coordinator (2016-2019)

    • Gaming and Liquor Law Committee, Vice Chair for Cannabis Law (2018-2019)

  • American Bar Association, Business Law Section, Business & Corporation Litigation Committee:

    • Business Divorce Subcommittee, Vice Chair (2017-2019)

    • Cannabis and Alcoholic Beverages Subcommittee, Vice Chair (2018-2019)

    • Financial Institutions Litigation Subcommittee, Vice Chair (2017-2019)

  • Columbus Bar Association:

    • CLE Advisory Board, Chair (2014-2016)

    • Judicial Screening Committee (2004-2007, 2008-2010)

  • Columbus Chamber of Commerce, Qualified Opportunity Zones Working Group (2018-2019)

  • Yay Bikes! Board of Directors (2015-2017); Vice Chair (2016-2017)

  • Leadership Columbus (2006)

  • Pelotonia (180 and 100-mile rider)

  • VeloSano (200+ mile rider)

©2020 by Oak Moon Consulting

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