Leading the firm’s commercial and creditor rights group, Brian Walker enjoys helping individuals and businesses achieve successful outcomes in real estate, commercial, debtor-creditor, construction, and general business litigation and transactions. He looks for creative, cost effective, and client oriented resolutions while understanding effective litigation could be needed to achieve his clients’ goals. Brian also routinely advises employers and provides employment claims defense.
Brian earned his law degree from Willamette University in 1996, where he also received a Certificate in Dispute Resolution and earned multiple awards for academic excellence. He received his undergraduate degree in history from the University of Oregon in 1991. Before joining Ogden Murphy Wallace in 1997, Brian externed at the Oregon State Supreme Court.
Legal Community Involvement
A member of the Washington State Bar Association, the Chelan-Douglas County Bar Association, and the Debtor-Creditor Section of Washington State Bar, Brian has successfully advocated for clients in all levels of the Washington State Courts, including before the Washington State Supreme Court and in both the Western and Eastern Federal Districts Courts for Washington State.
Brian frequently speaks on commercial and real estate topics, and has presented attorney continuing legal education programs on debt collection, real property, and employment law. He also provides pro bono assistance at the Chelan-Douglas County Volunteer Attorney Services to low-income members of North Central Washington.
Brian is a contributing legal columnist for the Business World, a monthly business magazine focusing on Chelan and Douglas Counties, Washington.
A Board Member and Secretary of the Wenatchee Valley Humane Society, Brian is currently working on WVHS’ goal to build a new animal adoption center.
Brian is a member of Wenatchee North Rotary and a past Board Director and President. During his presidency, WNR increased its international programs with its annual sponsorship of an elementary school in Guatemala. Brian currently chairs the Club’s fall fundraiser (the Arlberg Sports’ Shopping Spree Raffle) that funds WNR’s international program and its continuing commitment to fund Wenatchee’s Rotary Park.
Since 2007, Brian has proudly coached Ogden Murphy Wallace’s youth soccer team, and has coached the Wenatchee Valley Lacrosse Association’s high school and elementary school teams.
Commercial and Bankruptcy
Brian led OMW’s litigation team to the successful resolution at mediation of a multi-million dollar federal commercial lawsuit filed against an international chemical company in Federal Court for breach of an alleged interest rate swap transaction. His effective defense forced the plaintiff to settle for about 10% of its damage demand.
After collecting the full amount due a regional financial institution on a large delinquent commercial loan, Brian obtained the Washington State Supreme Court’s dismissal of the borrower’s federal Truth in Lending Act and state law based counterclaims. Courts and lenders nationwide now use this Supreme Court ruling to determine whether a loan is a commercial or consumer debt obligation under the federal Truth in Lending Act.
After protracted litigation, Brian forced guarantors to fully satisfy their multi-million dollar personal guarantees securing a community bank’s loan for the development of a hotel, casino, and restaurant business in North Central Washington.
Through litigation and creative loan workout negotiations with a regional real estate development corporation, Brian obtained one of the largest judgments in North Central Washington history (over $10 million) and the satisfaction of that judgment for a national capital investment group.
Real Estate and Construction
Brian defended the developer and owner from a potential buyer’s specific performance and damages lawsuit following the buyer’s failed efforts to acquire multi-million dollar prime Wenatchee residential development property.
Prior to litigation being filed, Brian resolved, with no payment to the claimants, a homeowners’ defective construction claim against a local builder of upscale custom homes.
Brian successfully represented a motel owner sued for adverse possession by a neighboring property developer wanting to put commercial development in the motel’s parking lot. The Court dismissed all of the Plaintiff’s claims on summary judgment.
Following trial, Brian obtained judgment for actual damages, treble damages, and the plaintiffs’ legal fees and costs for a boundary and access easement dispute with the neighboring owner of Lake Chelan development property.
Brian successfully defended a regional non-profit landlord from housing disability discrimination claims after the landlord evicted tenants believing they were manufacturing drugs in the leased premises.
Business and Employment
Brian resolved an age discrimination lawsuit on terms favorable to a local municipal corporation and its officials following the Washington State Supreme Court dismissing a portion of the plaintiff’s claims.
Using the plaintiff’s failure to list his employment claims on his bankruptcy schedules, Brian secured dismissal of the plaintiff’s claims against an international logging company on summary judgment.
Despite the adverse parties’ efforts to dissolve and liquidate a profitable, regional and family owned construction company, Brian negotiated the separation of the company from its underperforming members.
Following probate litigation, Brian successfully resolved efforts to deprive a regional non-profit animal shelter its share of a multi-million dollar estate, with full payment to the shelter.
For the personal representative of an estate, Brian obtained and satisfied a judgment after the defendant heir refused to repay the estate over $600,000 in loans, claiming the funds were gifts or advances on his inheritance.
- Real Estate,
- Employment & Labor,
- Banking & Financial Institutions,
- Washington State Bar Association
- Chelan-Douglas County Bar Association
- Debtor-Creditor Section, Washington State Bar Association
- J.D., Willamette University College of Law, 1996
- Certificate in Dispute Resolution, Willamette University College of Law, 1996
- B.A., University of Oregon, History, 1991
Professional and Community Activities
- Washington State and Chelan-Douglas County Bar Associations
- Wenatchee North Rotary - Member
- Wenatchee Valley Humane Society - Board Member and Secretary
- Considerations Before Contract Disputes
- Act Defines How to Defend Trade Secrets
- Defending Trade Secrets Just Got Easier
- Does Your Dog Bite? Dogs and Liability
- Easements Often Created by Use
- Businesses Can Protect Their Trade Secrets
- Gift Cards: A Present that Can Last Forever
- Tackling Employee Alcohol and Drug Use
- Marijuana, Jobs and the Law
- It Pays to Know the Law on Wages
- Understanding Unemployment Benefits
- Attorneys’ fees: It pays to know the rules
- It doesn’t end on judgment day
- Key pieces of business loans
- Foreclosure: A look at the facts
- Examining litigation, step by step
- Tips to help your business pay off