Brian M. Culnan
Brian is Of Counsel to the Firm, practicing with our Health Law, Labor and Employment, and Litigation departments. He has nearly 30 years of experience litigating complex civil matters in state and federal courts and handling administrative proceedings before state and federal agencies.
Brian represents various health care providers, not-for-profit organizations, physician practices, individual health care professionals (including physicians, nurses and pharmacists), executives, manufacturers, retailers, and proprietary schools. He has counseled these clients on a wide range of employment-related issues, including employment discrimination, discharge and termination, enforcement of restrictive covenants, protection of trade secrets and other proprietary business information, whistleblower and retaliation claims, wage-and-hour claims and investigations, and ERISA and other matters related to employer-sponsored benefits. His labor and employment practice has also focused on providing general employment and corporate law counseling, including the development and review of employee handbooks, conducting corporate compliance investigations, and performing reviews of corporate policies to ensure compliance with state and federal labor laws and regulations.
On behalf of his health care clients, Brian has litigated matters pertaining to hospital credentialing and discipline decisions; managed care liability; health insurers’ contractual rights of recovery; Medicaid reimbursement audits, investigations and appeals; professional misconduct investigations before the Office of Professional Medical Conduct (physicians) and the Office of Professional Discipline (nurses and pharmacists); governmental investigations of providers for possible violations of the federal Stark, HIPAA, EMTALA and ADA statutes; New York Department of Health proceedings based on a variety of issues, including alleged violations of the New York health care worker vaccine mandate; and Article 78 proceedings challenging governmental action and regulations. Brian has also counseled alcohol and mental health treatment facilities regarding the specific confidentiality requirements to which they are subject under federal and state law.
Prior to joining O’Connell & Aronowitz, Brian was a long-time partner at the Albany firm of Iseman Cunningham Riester & Hyde and more recently at regional firms Rivkin Radler and Barclay Damon. Active in the local community, Brian is a member of the Finance Committee at his alma mater Christian Brothers Academy; he previously served for twelve years as a member of the Academy’s Board of Trustees. He was also a twenty-year member and former President of Adirondack Board 36 of the International Association of Approved Basketball Officials.
- BA, College of the Holy Cross, magna cum laude, Valedictorian, 1989
- JD, University of Virginia School of Law, 1992
- “New York Appellate Court Rules That Not-for-Profit Corporation Law Creates Private Right of Action Against Employer for Retaliation for Whistleblowing”
- “Supreme Court Rules Title VII Protects LGBT Employees”
- “Employers Should Update Handbooks to Reflect New NYS Ban on Discrimination in Reproductive Health Decisions”
- “Second Circuit Ruling Puts Potential Arrow in Employers’ Quiver When Facing Collective Action FLSA Claims”
- "Can NY Employers Legally Terminate a Rally Protester?"
- New York
- US District Court for the Northern District of New York
- US District Court for the Southern District of New York
- US District Court for the Eastern District of New York
- US District Court for the Western District of New York
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Third Circuit
- Finance Committee Member, Christian Brothers Academy, 2008 - present
- Board of Trustees Member, Christian Brothers Academy, 2003 - 2015
- Member, International Association of Approved Basketball Officials Adirondack Board 36, 1996 - 2020
- Executive Committee, International Association of Approved Basketball Officials Adirondack Board 36, 2012 - 2018
- President, International Association of Approved Basketball Officials Adirondack Board 36, 2016 - 2018
- New York State Bar Association - Health Law Section
- New York State Bar Association - Labor and Employment Law Section
- Albany County Bar Association
- Saratoga County Bar Association
- Capital District Trial Lawyers Association
- The Best Lawyers in America® - Commercial Litigation, 2017-2018
- The Best Lawyers in America® - Litigation - Labor and Employment, 2020-2022