Brian Berlandi is a co-founder and partner of the firm. Brian brings a uniquely effective vision and perspective to clients of all sizes due to his broad experience that included private practice, in-house counsel and corporate operations. He has been especially effective counseling mid-sized companies in need of comprehensive legal counsel and operational advice across all aspects of their business, such as:
complex contracts and agreements;
- corporate transactions;
- IP/IT Licensing;
- intellectual property;
- real estate transactions;
- alternative dispute resolution; and
- human resources, compliance and facilities matters.
Brian began his legal career in New York City as an associate at Pennie & Edmonds, LLP, one of the largest intellectual property boutique firms then existing in the country. At Pennie & Edmonds, Brian played a key role in the creation and protection of large-scale trademark portfolios for a variety of businesses, particularly those in the fields of pharmaceuticals, liquor and beverages, and media. He also gained extensive experience drafting patent, trademark and copyright licenses, as well as Internet-hosting and joint advertising agreements, and a variety of other content-related agreements. Brian has also litigated patent (utility and design), trademark and copyright infringement cases in federal courts nationwide. A few of the notable transactions in which he participated include:
- Representation of Hewlett Packard in a patent infringement case involving printer cartridge technology
- Representation of banresandnoble.com in a patent infringement suit brought by Amazon
- Representation of Microsoft/Expedia in a patent infringement suit against Priceline.com
- Representation of TD Waterhouse in a trademark infringement case
- Representation of Bristol-Myers Squibb in a worldwide trademark due diligence project as part of the divestiture of its Clairol division
After Pennie & Edmonds, LLP, Brian worked at another New York City law firm, Wollmuth Maher & Deutsch LLP, where he continued working on various intellectual property, litigation, arbitration and transactional matters. From there, Brian moved in-house to Mercury Partners, LLC, a real estate private equity firm based in Greenwich, CT, where, in additional to providing legal counsel, he worked on the business side of transactions. At Mercury Partners, Brian played a key role in the management of all legal and compliance matters for a registered broker dealer and investment advisor. He also drafted all corporate documents and commercial contracts, including: operating agreements, by-laws, offering memoranda, subscription agreements and real estate leases. Notably, Brian also played a key role in the sourcing, structuring of, capital raising for and acquisition of businesses and real estate properties totaling over $20,000,000 in the following sectors:
- Assisted living
- Restaurant franchises
After Mercury Partners, Brian joined the law firm of Daniels and Porco, LLP where he served as a partner and, among other duties, oversaw the Banking and Real Estate Group. During Brian’s tenure at Daniels and Porco, LLP, he worked on a variety of sophisticated matters for clients such as hospitals, healthcare management organizations, lending institutions and technology companies, such as:
- Closing over $200,000,000 worth of complex real estate and other secured financing transactions, including transactions involving participating banks, for the firm’s banking clients
- Representing not-for-profit hospitals in commercial financing transactions, as well as tax-exempt bond and equipment-lease financing transactions through local Industrial Development Agencies and the Dormitory Authority of the State of New York
- Counseling healthcare and other corporate entities in successful transactional matters, including mergers, acquisitions, asset-purchases, stock purchases/sales, joint ventures, partnerships and other strategic alliance relationships.
- Drafting and negotiating commercial contracts of all kinds, including vendor outsourcing agreements; software and hardware licenses; software and hardware development, implementation and maintenance agreements; patent, trademark and copyright licenses; manufacturing, supply and distribution agreements; sales and purchasing agreements; marketing and advertising agreements; confidentiality and non-disclosure agreements; Internet and E-commerce related agreements; real estate construction and development contracts; commercial and residential property leases
- Providing counsel to start-up companies regarding matters relating to incorporation, employment, tax, intellectual property, financing, etc.
- Drafting governance and administrative policies for corporate clients, including those relating to collection practices, document retention and computer/email usage by employees
- Counseling trademark, copyright and patent owners regarding intellectual property clearance, prosecution, enforcement and litigation matters
After Daniels and Porco, LLP, Brian then took on the role of General Counsel and Director of Operations for All Access Dental, a private, 15-site dental practice and associated dental lab located throughout NYS and Florida. At All Access Dental, Brian was responsible for all legal and operations matters of the company. For example, Brian:
- Negotiated and drafted contracts for the company’s joint venture with national insurance companies to establish dental practices in the Miami, FL market
- Negotiated and drafted all independent contractor agreements between company and dentists
- Led negotiations of all real estate leases, as well as extensions therefore and reductions in lease payments
- Oversaw the execution of all compliance-related documents for over 120 employees
- Handled all patient complaints so as to avoid adversarial proceedings
- Effectively oversaw all litigation strategy for the company
- Attended all court, mediation and arbitration hearings, and represented to company successfully at administrative hearings before various NYS agencies
- Created and implemented a thorough corporate compliance plan for the company and interacted with multiple state agencies relating to the provision of health services to the Medicaid population
- Managed all staffing and Human Resources matters for over 120 employees
Brian has frequently lectured on various topics, including:
- “Intellectual Property Issues for Healthcare Entities”, HEALTHCARE INTEGRATION Forum, sponsored by Healthcare Financial Management Association, September 2006
- “Find It Free and Fast on the Net”, sponsored by the National Business Institute, January 2007 & 2009
- “Red Flag Rules: SEA CHANGE IN FEDERAL ENFORCEMENT: BE PREPARED”, sponsored by Healthcare Financial Management Association, May 2009
Brian serves as an arbitrator for both the American Health Lawyers Association (AHLA) and the Financial Industry Regulatory Authority (FINRA).
Brian is a member of the New York State Bar Association (NYSBA) and the American Health Lawyers Association (AHLA).
Brian is licensed to practice law in New York State and the Commonwealth of Massachusetts.
Brian received his B.A. from Bowdoin College and his J.D. from Boston College Law School.
- Adjunct Professor, The Hotchkiss School (2007 – present)
- Firefighter, Pawling Fire Department (2005 – present)
- Treasurer (FY09) & Vice President (FY11), Pawling Fire Department
- District Director, Bowdoin College Admissions (1999 – present)
- Board of Directors, Christ Church Nursery School (2005 – present)
- Board of Elders, Christ Church on Quaker Hill (2006-2008)