5577 Broadcast Court
Sarasota, FL 34240
P: 941.684.0100
F: 941.684.0109
AREAS OF PRACTICE
Brian P. Henry serves the firm’s clients, and as the firm’s President, from our Florida offices. Brian has significant litigation and trial experience in the areas of insurance, fire science, and product liability. His practice has spanned the entire country, having served as national trial and coordinating counsel to several product manufacturers and a Fortune 500 insurer. Brian’s practice also includes the representation of businesses and organizations in an “outside” general counsel role, providing legal counseling and representation on a host of corporate issues ranging from corporate transactions to human resource issues to regulatory compliance.
Brian is also nationally-recognized for his knowledge and experience on expert preclusion issues, having written and lectured extensively on the subject and having handled more than 150 Daubert-type challenges in cases throughout the United States. He represents hundreds of expert witnesses from a variety of fields, providing representation in areas such as expert fees, scope of work and retainer agreement disputes, discovery issues, and expert preclusion efforts. Brian has also served as an expert witness on the standard of care for attorneys handling fire science cases, and he is a frequent lecturer on fire science, expert preclusion, insurance, and product liability issues at conferences throughout the country.
Brian is one of only a handful of attorneys to achieve the Certified Fire and Explosion Investigator designation from the National Association of Fire Investigators. Brian’s extensive knowledge of fire science issues provides the firm’s clients with a strong competitive advantage in litigation involving damage and injury from fires. He is an Adjunct Instructor at both the National Fire Academy and the National Center for Explosives Training & Research. In 2017, Brian was named to the Technical Committee for NFPA 921: Guide for Fire and Explosion Investigations, the seminal authority in the world of fire investigation methodology and process.
Brian is an AV®–rated lawyer through Martindale-Hubbell, and has been included in SuperLawyers multiple times since 2011.
EDUCATION
University of Arkansas, Fayetteville, Arkansas
Juris Doctor, cum laude, 1999
Mr. Henry graduated from law school ranked in the top fifteen percent in his class, serving as Research Editor of the Arkansas Law Review and as a member of UA’s traveling Moot Court team.
Henderson State University, Arkadelphia, Arkansas
Bachelor of Arts in Political Science, Honors Program Graduate, 1996
Gordon Conwell Theological Seminary, South Hamilton, Massachusetts
Masters’-Level Graduate Coursework (Biblical History), 2008-2009
Asbury Theological Seminary, Wilmore, Kentucky
Masters’-Level Graduate Coursework (Biblical Studies), 2013
FEDERAL COURTS:
- Eighth Circuit Court of Appeals
- Eleventh Circuit Court of Appeals
- Northern District of Florida
- Middle District of Florida
- Southern District of Florida
- Northern District of New York
- Southern District of New York
- Eastern District of New York
- Western District of New York
- District of Colorado
- District of Connecticut
- District of Massachusetts
- Western District of Wisconsin
- Eastern District of Wisconsin
- Eastern District of Michigan
- District of Maryland
- Northern District of Indiana
- Eastern District of Arkansas
- Western District of Arkansas
- District of Colorado
- Northern District of Oklahoma
- Eastern District of Oklahoma
- Western District of Oklahoma
- Northern District of Illinois
- Eastern District of Tennessee
STATE COURTS:
- State of Florida
- State of Tennessee
- State of Connecticut
- Commonwealth of Massachusetts
Publications
- “In Conversation with Scott LeBlanc at Velocity Risk Services”, (2020), published in CLM Magazine
- “The Bell Tolls for AOB Litigation: New Law Enacts Game-Changing Reforms”, (2019), published in CLM Magazine
- “Here We Go Again! Florida Supreme Court Reverses Itself and Endorses Daubert Standard for Expert Testimony”, (2019), published in NSPII News Magazine
- “Factoring-in-the-AOB-Equation…The-Latest-Litigation-Trend-Involves-Assigning-Assignments”,(2019), published in CLM Magazine
- “A Delicate Balance – Fulfilling the Duty to be Zealous Advocates While Committing to Pursue Only the Truth”, (2018), published in CLM Magazine
- “Where Does Your Duty Rest. Insurance Carriers and Their Attorneys Often Have Little Guidance in Navigating Treacherous Water”,(2018), published in NSPII News Magazine
- “The Millennials Are Coming – Are They More Likely to Scam Insurers?”, Spring 2018 Issue, (2018), published in NSPII News Magazine
- “Flying Blind on Flying Cars – Is the Insurance World Headed for a Major Crash?”, (2018), published in NSPII News Magazine
“Flying Blind- Cars That Take to the Air Are Here, But What Are the Insurance and Claims Implications?”, (2018), published in Claims Management Magazine - “Fitting a Square Peg Into a Round Hole: Fire Classification Under NFPA 921″, (2016), published in NSPII News Magazine
- “Is a Picture Worth a Thousand Words, Claims, or Lawsuits?”, (2013), published in Claims Management Magazine
- “Best Practices for Producing Quality Expert Reports”, (2012), published in The National Fire Investigator
- “The Daubert Disaster: Unintended Consequences Affecting Expert Witnesses”,(2011), published in The National Fire Investigator
- “Ensuring the Professional and Financial Well-Being of the Expert Witness”, (2011), published online with IMS Expert Services’ Expert Library
- “Expert Report Writing: Best Practices for Producing Quality Reports”, (2011) published in Fire and Arson Investigator Magazine
- “The Testifying Expert”, (2007), published in Fire Findings Magazine
- “The Tenth Circuit’s Analysis of a Questionable Fire Causation Theory: Truck Insurance Exchange v. Magnetek, Inc.”, (2005), published in DRI Happenings
- “The Moral Watchdogs Ride Again: The Arkansas Supreme Court Condemns an All-American Pastime”, 52 Ark. L. Rev. 453 (1999)
Presentations
- “Technical Truth Serum: 21st Century Fraud Detection,” (2019), presented at Florida Insurance Fraud Education Committee Annual Conference, Orlando, Florida
- “Writing More Effective Letters and Emails,” (2013), presented at Homeowners Choice Property & Casualty Insurance Company, Inc., Tampa, Florida
- “Recent Case Law on Compliance With Post-Loss Conditions,” (2008), presented to approximately 600 clients at firm seminar, Florida
Significant Appellate Decisions
- Colony Beach & Tennis Club Association, Inc., v. Rabin, District Court of Appeal of Florida, Second District, Case No. 2D17-248.
- Bank of New York Mellon, et al., v. Sandhill, 202 So. 3d 944 (Fla. 5th DCA 2016)
- The Collection, LLC, v. Intrepid Insurance Co., Eleventh Circuit Court of Appeals, Case No. 15-11758 (no published opinion)
- Recovery Racing, LLC, v. Intrepid Insurance Company, 169 So. 3d 1189 (Fla. 4th DCA 2015)
- Intrepid Insurance Company v. TT of Eatonville, Inc., 158 So. 3d 603 (Fla. 5th DCA 2015)
- Phillips v. Schmidt Bros. Executive Homes, Inc., 888 So. 2d 638 (Fla. 2d DCA 2004)
- National Union Fire Ins. Co. of Pittsburgh, P.A., v. Michael Phelan, as Assignee of MC Construction, Inc., 838 So. 2d 1167 (Fla. 3d DCA 2003)
- Ajax Paving Industries, Inc., v. American Home Assurance Corporation, 827 So. 2d 985 (Fla. 2d DCA 2002)
- Shin-Kobe Elec. Mach. Co., Ltd. v. Rockwell, 750 So. 2d 67 (Fla. 2d DCA 1999)
- Superfos Construction (U.S.), Inc., v. Hajoca Corporation, 712 So. 2d 1228 (Fla. 2d DCA 1998)
- Teske v. Davis, 717 So. 2d 1018 (Fla. 2d DCA 1998)