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Brian D. Cunningham

Brian D. Cunningham

Partner| Salt Lake City


Brian Cunningham is a partner in the firm's commercial finance group. His practice is concentrated in representing financial institutions and other parties in negotiating, structuring and documenting secured and unsecured commercial and real estate loans, loan syndications and participations, asset-based lending, factoring, Section 7a and Section 504 SBA lending, trade finance and letters of credit, loan portfolio acquisitions and financing, problem loan workouts and restructuring, debtor-in-possession financings, liquidations and foreclosures, and banking regulation and governance. His practice also includes extensive experience in inter-creditor relationships, title insurance, lender liability and general UCC and commercial law matters.

His experience encompasses unique collateral types including tenant-in-common §1031 exchange properties, build to suit loans to §1031 exchange accommodators, intellectual property, railroad rolling stock, aircraft, helicopters, timeshare interests, low income housing tax credits, new market tax credits and state and federal historic preservation tax credits, etc. Experience also includes a wide variety of third party legal opinions including HUD opinions, Article 9 personal property opinions, non-consolidation and true sale opinions.

  • University of Utah College of Law (J.D., 1994)
    • Recipient Edward W. Clyde Fellowship
  • University of Virginia (Ph.D. candidate, Economics)
    • Recipient University Presidential Fellowship
  • Weber State University (B.A., 1988)
    • Outstanding Graduate, School of Business and Department of Economics
  • Supreme Court of Utah
  • American College of Real Estate Lawyers, Member
  • Utah State Bar Banking and Finance Section, Vice President
  • Commercial Finance Association Education Foundation, Board of Directors
  • American Bar Association
    • Uniform Commercial Code Committee
    • Commercial Financial Services Committee
  • National Association of Bond Lawyers
  • Utah Association of Financial Services
  • International Factoring Association
  • The Best Lawyers in America®, Banking & Finance Law, Real Estate Law (2008-2015)
  • Mountain States Super Lawyers®, Banking (2010-2014)
  • Super Lawyers®, Banking - Business Edition (2011)
  • Utah’s Legal Elite: Banking/Financial, Utah Business (2005-2014)
  • Chambers USA: America's Leading Lawyers for Business®, Real Estate (2009-2014)
  • Utah Banking Lawyer of the Year, The Best Lawyers in America® (2011)
  • Volunteers of America, Utah, Board of Directors
  • Brent R. Armstrong Law Offices, P.C., Associate
  • Weber State University, Department of Economics, Adjunct Professor
  • University of Phoenix, Business Law, Economics and Statistics, Adjunct Professor
  • Center for Public Service, Economist