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My goal is to help clients overcome the legal challenges that may arise in acquisitions, expansions, and major deals. It is an honor to be in a position where my knowledge and experience can help our clients succeed by avoiding or solving issues so they can focus on what matters most – driving revenue and growing their business.

Primary Practice:

Brian Pugh advises businesses on commercial real estate, including acquisitions, sales, and transactions; contracts; entity formation; labor and employment; insurance defense; and legal issues at the intersection of business and government, working with companies to advance their economic development goals via public policy and relationships with governmental entities.

Brian has practiced law for close to 25 years in Alabama. Before joining Adams and Reese, Brian was in private practice, which included founding and managing his own law firm. He also served as in-house general counsel for two corporations, advising officers and drafting transaction documents that completed acquisitions of various assets deals. As general counsel, he also provided legal services concerning government relations and economic development involving sales tax abatements for new projects.

Commercial Real Estate

Brian takes pride in strongly advocating for the best purchase or lease terms for his clients. He assists small to medium-sized to large businesses in purchasing or leasing commercial real estate properties, including warehouses, retail space, office buildings, undeveloped land, and special-purpose property. He also assists clients with legal issues related to the re-financing of loans for commercial real estate and equipment.

He has drafted, edited, and negotiated commercial lease agreements for manufacturing operations, warehouse distribution operations, retail, and restaurant operations across the Southeast and Midwestern U.S.

Brian has provided counsel with regard to large and small construction projects involving renovations to commercial buildings and the construction of new commercial properties.

He has developed a niche within his commercial real estate practice of providing legal advice and other contributions to historic restoration projects across Louisiana, Alabama, and Mississippi.

Business Formation and Commercial Contracts

Brian works closely with his clients across many industries to help them navigate the legalities of establishing and managing corporations and limited liability companies by advising on the structure, management, and operation of their companies and subsidiary entities. Brian has represented shareholders in litigation related to ownership of shares and entity control.

Additionally, Brian advises on complex business deals that involve drafting, negotiating and editing contractual agreements with his clients’ customers including Master Supplier Agreements, Master Service Agreements and Vendor Managed Inventory (VMI) agreements, as well as contractual agreements with his clients’ important suppliers, subcontractors and vendors.

Brian has extensive experience with Confidentiality and Non-Disclosure Agreements, which are very important in modern business, especially when sensitive or emerging technology is involved, or a potential transaction is being evaluated. 

Economic Development and Tax Credits

Brian represents new and existing companies in expansion and/or relocation investments regarding project sales tax, land tax abatements, location options, private/public financing, among other legal issues at the intersection of business and government to assist in the economic development and commercial progress across Alabama.

For example, Brian assisted with the financing, construction contract, and builder’s risk insurance for a new, 30,000-square foot building in southern Alabama.

Labor and Employment

Brian’s labor and employment law experience includes drafting, editing, and negotiating employment agreements, independent contractor agreements, non-disclosure agreements, non-competition agreements, and severance agreements. He regularly counsels on employee relations issues pertaining to termination and compliance. He also has advised and assisted employers with workers’ compensation claims, specifically in the defense of those claims while working in cooperation with staff counsel for major insurance companies. Brian has successfully objected to false and fraudulent unemployment claims and defended employers against false claims filed with the Equal Employment Opportunity Commission.

Brian has experience providing legal advice to a 100% employee-owned company and assisting with documents related to their Employee Stock Ownership Plans (E.S.O.P.).

Mediation and Dispute Resolution

Brian’s zeal for mediation has led to his strong track record of success during informal settlement discussions with opposing counsel, mediation, and other dispute resolution processes. He has participated in many mediations that have resulted in favorable settlements that eliminated future litigation costs for his clients.

Education

  • University of Alabama, J.D., 1999
  • University of South Alabama, B.A., 1996

Bar Admissions

  • Alabama

Court Admissions

  • United States District Court for the Southern District of Alabama
  • United States Court of Appeals for the Eleventh Circuit

Community Involvement

Brian is actively involved in coaching youth sports throughout the Mobile, Alabama community.

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Areas of Practice

Professional Affiliations & Memberships

  • Alabama State Bar
  • Manufacture Alabama
  • Mobile Bar Association

Related Knowledge

News

Acquisition Deals

  • Representation of a manufacturer and distributor in a deal involving the purchase of several pieces of manufacturing machinery and related assets in Texas and the leasing of a 30,000 square foot manufacturing facility in Texas.
  • Representation of a new limited liability company with regard to establishing the new limited liability company, and then the purchase by the new company of the assets of a machinery manufacturer in Indiana and the leasing of a commercial building in Indiana.
  • Representation of a manufacturer and distributor in the purchase of assets from a smaller distributor and the leasing of a commercial building in Mississippi.
  • Representation of a manufacturer and distributor in a deal involving the purchase of manufacturing machinery and related assets in Florida and the leasing of a 50,000 square foot manufacturing, warehouse, office and retail facility.

Commercial Leasing

  • Representation of a rapidly growing company in negotiations and drafting or editing of commercial leases for several warehouse/retail locations in Florida, two locations in Alabama, a location in Mississippi and Tennessee.

Economic Development Projects and Tax Credits

  • Representation of an expanding company with regard to new project sales tax and land tax abatements. Assisted with a construction contract and builder’s risk insurance and financing for the project involving the construction of a new 30,000 square foot building in Southern Alabama.
  • Assisted in the  establishment of a new limited liability company. Provided counsel on project sales tax abatements, land tax abatements, a construction contract, builder’s risk insurance and financing for the project involving the construction of a new 10,000 square foot building and the purchase and installation of specialized equipment in Southern Alabama.

Commercial Finance

  • Provided counsel on the legal issues related to line of credit financing.
  • Assisted clients with legal issues related to the re-financing of loans for commercial real estate and equipment.