Brian J. Augustine

Brian is a partner at Taft, focusing his practice on transportation law and commercial litigation. He brings nearly two decades of experience as a trusted advisor to a wide variety of clients.

Commercial Litigation
Brian resolves difficult legal problems for clients in a diverse range of industries, including transportation and logistics, healthcare, business services, higher education, automotive, manufacturing, and retail. He litigates and arbitrates commercial disputes including business torts, non-compete and non-solicitation, trade secrets, trade practices, intentional torts, fiduciary duties, statutory claims, and insurance coverage and excess exposure issues arising from wrongful death and catastrophic injury incidents. Brian also has extensive experience coordinating emergency response protective investigations.

Transportation and Logistics Industry Counsel
Brian represents motor carriers, brokers, third-party logistics providers, transportation network companies (TNCs), and high-volume shippers. He counsels clients on contracting practices, operating procedures, and regulatory compliance, including the FMCSRs, HMRs, TNC regulations, owner-operator lease regulations, and intrastate transportation provider regulations. He also has extensive experience litigating Carmack Amendment claims, broker-shipper-carrier disputes, carrier payment disputes, wrongful death and catastrophic injury claims, and insurance coverage and excess exposure issues arising from transportation incidents.

• Successfully represented dozens of property owners from across the country through complex litigation arising from a nationwide pyramid scheme involving investments in event center facilities and businesses.
• Successfully represented a nationwide facilities maintenance provider in various claims involving non-compete and non-solicitation violations, trade secrets, and tortious interference claims.
• Assisted numerous clients across a range of industries with securing motor carrier and freight broker operating authorities to support core business operations, and provide counsel with respect to regulatory compliance, contracting practices, and risk mitigation.
• Successfully defended a higher education client against catastrophic injury claims arising from an alleged hazing incident involving a student athlete.
• Secured immediate return (replevin) of multiple luxury vehicles wrongfully withheld from an automotive industry client, securing judgment for conversion and breach of contract plus an award of punitive damages of 100% of the client’s compensatory damages.
• Successfully defended a higher education client against wrongful death and Title IX claims arising from the death of a student.
• Assisted Federally Qualified Health Center and its recovery housing services provider subsidiary through complex re-organization and ancillary litigation with another subsidiary, successfully defending claims for breach of fiduciary duty and injunctive relief.
• Secured complete victory at zoning board of appeals hearing for luxury motor vehicle dealer client, securing zoning variances necessary to enable the purchase and development of new vehicle showroom.

Presentations

• “Emerging Trends in Non-Compete and Non-Solicitation Law,” Southwestern Ohio Association of Corporate Counsel (October 17, 2023)
• “Market and Regulatory Trends in Transportation and Logistics,” Ohio Chemistry and Technology Council (May 16, 2022)
• “Internal Investigations and Crisis Management,” Southwestern Ohio Association of Corporate Counsel (October 1, 2020)
• “Data Breach Simulation,” Southwestern Ohio Association of Corporate Counsel (May 14, 2019)
• “New Rules of the Road: Regulatory Update,” Tri-State Logistics Council (April 11, 2018)

Publications

• “Transportation of cannabis: Steering clear of legal roadblocks,” Thomson Reuters Cannabis Law (April 2, 2020)