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
American College of Mortgage Attorneys
American College of Real Estate Lawyers, Member
Utah State Bar Banking and Finance Section, Vice President
Commercial Finance Association Education Foundation, Board of Directors