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Experience:
Brian Massengill focuses his practice on the intersection of litigation with accounting and finance issues. He is the co-leader of the firm's Professional Liability practice group and a member of the Steering Committee of the Subprime Task Force.
Brian brings his background as a Certified Public Accountant (license inactive), including eight years with a national accounting firm, to bear on his legal work. He devotes the majority of his practice to the defense of accounting firms and has represented national firms in a variety of matters including securities class actions, arbitrations, and SEC and PCAOB investigations.
Brian's combined legal and accounting experience also enables him to serve clients in a variety of other contexts. He has represented companies in disputes arising from purchases and sales of businesses, including purchase price (post-closing adjustment) disputes, and suits alleging breaches of representations and warranties. He also has represented companies in contract and other disputes involving complex causation and damages issues.
As part of his litigation practice, Brian has worked extensively with experts in the areas of auditing, accounting, causation and damages. Prior to joining Mayer Brown in 1995, he was Law Clerk to The Honorable Frank H. Easterbrook, US Court of Appeals for the Seventh Circuit.
Notable Engagements:
Successfully represented Ernst & Young LLP in a series of matters arising out of the bankruptcy of Asche Transportation Services, including obtaining dismissal of a securities class action and judgment for the firm after a lengthy arbitration hearing.
Representing Ernst & Young LLP in a series of matters concerning Bally Total Fitness, including securities class actions and shareholder derivative suits.
Currently representing audit partners of accounting firms in a number of SEC and PCAOB investigations.
Successfully represented privately-held company in a purchase price dispute relating to the sale of a major appliance manufacturer.
Currently representing seller of a construction company in a purchase price dispute.
Currently representing a domestic manufacturer in an international arbitration relating to a contract dispute with a supplier involving complex damages issues.
Education:
University of Chicago Law School, JD, 1995; University of Chicago Law Review, Certified Public Accountant (CPA), Illinois, 1985 (license inactive), Indiana University, BS in Accounting, 1984. | 