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. Brian brings his background as a Certified Public Accountant, including eight years with a national accounting firm, to bear on his legal work.
His practice focuses on the defense of accounting firms and he has represented firms in a variety of matters including SEC and PCAOB investigations, securities class actions, arbitrations and state accountancy board proceedings.
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 SEC and other regulatory investigations, and 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 1996, he was Law Clerk to The Honorable Frank H. Easterbrook, US Court of Appeals for the Seventh Circuit.
- The University of Chicago Law School, JD
- Registered Certified Public Accountant (CPA), Illinois
- New York
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Third Circuit
- US Court of Appeals for the Seventh Circuit
- US District Court for the Northern District of Illinois
- Representing Moore Stephens Hong Kong in matters relating to Puda Coal, Inc.
- Represented Ernst & Young LLP in a series of matters concerning Bally Total Fitness, including the SEC investigation, securities class action and shareholder derivative suit.
- Assisting a major accounting firm in the analysis of risk issues, and the development and implementation of records retention policies and procedures for its business lines, risk functions and administrative functions.
- 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.
- Represented a domestic manufacturer in an international arbitration relating to a contract dispute with a supplier involving complex damages issues.
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