Brian Jackson is the managing partner of the Charlottesville office and the co-leader of McGuireWoods’ Crisis Management & Incident Response practice group. He is known for his success in trying high-exposure jury cases on behalf of energy, transportation and manufacturing companies in various jurisdictions throughout the United States.
Brian serves as a go-to resource relating to natural gas transmission and distribution for pipeline owners, operators and construction companies. He has experience with securing right-of-way access for the protection of underground assets and has substantial knowledge of the regulatory and investigatory issues arising out of catastrophic explosions, fires and contact incidents.
Brian leads rapid deployment teams for cases involving catastrophic incidents and has particular experience with the Pipeline and Hazardous Materials Safety Administration corrective action orders and NTSB investigations of these events. Over the course of his career, he has managed responses to pipeline ruptures, explosions and damages cases from Texas to Massachusetts, where he has coordinated onsite crisis management, interfaced with federal and state regulatory agencies, ensured evidence preservation, and managed the coordination of experts.
Brian has experience in all aspects of litigation management, including first- and third-party claims, class actions, mass actions, personal injury defense and insurance coverage. He has served as national coordinating counsel for discovery and litigation and managed Department of Transportation audits and investigations as well as National Transportation Safety Board (NTSB) investigations. He is well-versed in the complex interplay of regulatory bodies, litigation response and the necessary public relations issues that all arise from catastrophic events. His significant jury trial experience brings a perspective to crisis management that allows him to see a path forward.
Selected by Woodward/White, Inc. for inclusion in The Best Lawyers in America, for Product Liability Litigation and Personal Injury Defense from 2009-2021, Brian was named “Lawyer of the Year,” by that organization for Personal Injury Defense in 2019. While earning his undergraduate degree from Hampden-Sydney College, he was honored as a member of Phi Beta Kappa, Omicron Delta Epsilon, Phi Sigma Iota and Phi Alpha Theta. Brian has been a faculty member of the National Trial Advocacy Institute since 2007, where he was honored in 2020 with the “William J. Brennan, Jr. Award” for his commitment to teaching young lawyers the skill of advocacy.
- Managed all civil litigation related to an overpressure event that led to a series of explosions and fire in three neighboring towns, including the design and execution of a settlement strategy for 7 consolidated class action cases.
- Managed litigation and NTSB investigation for major transmission line rupture in West Virginia.
- Managed litigation and expert witness (both litigation and investigation) privilege issues for major transmission line rupture in Kentucky.
- Managed company investigation, regulatory investigation in home explosion in Pennsylvania.
- Managed company investigation, regulatory investigation in home explosion in Massachusetts.
- Representation as lead trial counsel to natural gas transmission company in right-of-way access injunction matter.
Motor Carrier Litigation
- Representation as coordinating counsel for one of the largest publicly held trucking companies in the country.
- Representation on general day-to-day matters of one of the largest privately held trucking companies in the country.
- Representation as lead trial counsel of defendant in a post-collision fuel-fed fire case resulting in the death of the plaintiff.
- Representation as lead trial counsel of a defendant in a wrongful death matter arising out of rear-end collision.
- Representation as lead trial counsel of a wrongful death matter resulting in 13 fatalities and a 23-car pileup in ice and snow.
- Representation as lead counsel for trucking company in defense of matter resulting in decapitation of plaintiff.
- Representation as general counsel to various trucking companies regarding day-to-day operation issues, including employment, regulatory issues and risk management.
Product Liability and Personal Injury Litigation
- Representation as lead counsel for a manufacturing defendant in food contamination litigation.
- Representation as lead trial counsel for healthcare company in wrongful death case.
- Representation as lead trial counsel for a U.S. automobile manufacturer in roof strength and handling and stability claims for sport utility vehicles.
- Representation as trial counsel of a foreign automobile manufacturing company regarding two-point passive restraints.
- Representation as trial counsel of a U.S. automobile manufacturing company regarding two-point passive restraints.
- Representation and serve as program coordinator for two alternative risk financing mechanism for high risk groups.
- University of Virginia School of LawJD1993
magna cum laude, Phi Beta Kappa1987
Board of Directors, Executive Committee, Westminster-Canterbury of the Blue Ridge. 2000-present
Board of Trustees, Westminster-Canterbury of the Blue Ridge Foundation, 2007-present
Industry & External Relations Advisory Board, Mechanical & Aerospace Engineering School of the University of Virginia, 2002-present
General Counsel, University of Virginia Health Foundation. 2005-present
Board of Trustees, University of Virginia School of Engineering and Applied Sciences. 2007-present
Program Coordinator, Virginia Senior Care Group, LLC
Member, Defense Research Institute
Member, Virginia Association of Nonprofit Homes for the Aging
Member, American Association of Homes and Services for the Aging
Member, Tort Section and Workers’ Compensation Section, Virginia State Bar
- Author, PHMSA Proposes Revising Pipeline Safety Regulations, McGuireWoods Legal Alert, October 18, 2023
- Author, PHMSA Announces Proposed Rulemaking Affecting Natural Gas Distribution Systems, McGuireWoods Legal Alert, August 25, 2023
- Author, U.S. Transportation Department Grants States $64.4 Million to Bolster Pipeline Safety, McGuireWoods Legal Alert, August 3, 2023
- Co-author, "Proposed PHMSA Rulemaking Affects Natural Gas Pipelines", IEL Energy Law Advisor: Volume 17, Issue 2, June 2023
- Co-author, Proposed PHMSA Rulemaking Affects Natural Gas Pipelines, McGuireWoods Legal Alert, May 31, 2023
- Co-author, "Virginia Supreme Court Confirms Utility Tariffs are Contracts, and Govern the Relationship Between Utilities and Customers", IEL The Energy Dispatch: Issue 20, May 2023
- Co-author, "Transportation Security Administration’s Proposed Rulemaking Targeting Cyber Risk Management for Pipelines", IEL The Energy Dispatch: Issue 19, April 2023
- Author, Winter Storm Uri Qualifies as Force Majeure, Even When Performance Was Not “Impossible”, McGuireWoods Legal Alert, February 20, 2023
- Author, TSA Notice of Proposed Rulemaking Targets Cyber Risk Management for Pipelines and Railways, McGuireWoods Legal Alert, January 24, 2023
- Co-author, "Strict API RP 1173 Adherence Presents Work-Product Protection Concerns", The Energy Dispatch: Institute for Energy Law, December 2022
- Author, Physical Sabotage Still a Threat to Utility and Other Companies Providing Critical Infrastructure, Lights On, December 12, 2022
- Co-author, "Third Circuit Reaffirms Natural Gas Act’s Exclusive-Review Framework", IEL Oil & Gas E-Report: Issue 4, December 2022
- Author, New Federal Pipeline Safety Regulations Present Work-Product Concerns, Lights On, November 28, 2022
- Co-author, "Ninth Circuit Confirms Power of Utilities Commission to Limit Liability", IEL Oil & Gas E-Report: Issue 3, September 2022
- Author, PHMSA Issues Notice of Limited Enforcement Discretion for Some Gas Gathering Pipelines, McGuireWoods Legal Alert, July 25, 2022
- Co-author, "Texas Supreme Court Enforces Limitation on Liability in Natural Gas Utility Tariff", IEL Oil & Gas E-Report: Issue 2, June 2022
- Co-author, "Abstention Doctrines Have a Continued Role in Energy Litigation", IEL Oil & Gas E-Report, Issue 1, March 2022
- Author, 6th Circuit Rules Nonsensical Contract Clause Does Not Equate to Ambiguity, McGuireWoods Legal Alert, December 31, 2021
- Co-author, "Northern District of Illinois Dismisses ICFA Claim in Class Action Against Alternative Retail Natural Gas Supplier", Oil & Gas E-Report, Institute for Energy Law, September 2021
- Author, North Dakota Court: Similar Sales Admissible to Determine “Just Compensation” for Eminent Domain, McGuireWoods Legal Alert, April 13, 2021
- Author, Pipeline Progeny: The Bounds of Eminent-Domain Power and FERC Certificates, McGuireWoods Legal Alert, March 22, 2021
- Author, Expert Testimony, Substantiated Facts Tip the Scale: 8th Circuit Ruling Favors Energy Company, McGuireWoods Legal Alert, March 2, 2021
- Author, Early Drill-Down on Biden Administration Oil and Gas Policy, McGuireWoods Legal Alert, February 1, 2021
- Co-author, "Renewable Energy and Catastrophic Incidents: Focusing on Potential Litigation Arising Out of Lithium Ion Battery-Storage Facilities", Energy Advisor, The Center for American and International Law, December 2020
- Co-author, Explosive Liability: Takeaways from the Beirut Tragedy, Texas Lawyer, September 16, 2020
- Author, A New Cost-Effective Approach To Class Action Discovery, Class Action Countermeasures, June 24, 2020
- Author, "A New Cost-Effective Approach To Class Action Discovery", Law360, June 2, 2020
- Author, Third Circuit Confirms Right to Immediate Possession in Federal Condemnation Actions, McGuireWoods Legal Alert, November 2, 2018
- Author, Dakota Access Pipeline: Down but Not Out, McGuireWoods Legal Alert, December 6, 2016
- Co-author, "A New Era of Food Safety Regulation Begins", Food Safety Magazine, October 12, 2016
- Author, Like San Bruno, Aliso Canyon Prompts Enhanced Pipeline Safety Act with Few Meaningful Deadlines, McGuireWoods Legal Alert, June 27, 2016
- Co-author, "FDA Cleans Up Sanitary Food Transportation Rule", Law360, April 8, 2016
- Author, "Final FSMA Sanitary Transport Rule Published by FDA with Significant Changes", McGuireWoods Legal Alert, April 6, 2016
- Co-author, "Rough Seas Ahead: How Changes to a Maritime Treaty May Affect Trucking", Trucking Info, March 2016
- Author, Historic FMCSA E-Logging Rule Met With Immediate Challenge In The Seventh Circuit, McGuireWoods Legal Alert, December 18, 2015
- Author, Between Care and Coercion: FMCSA’s Driver Coercion Rule Tries to Draw the Line, McGuireWoods Legal Alert, December 7, 2015
- Author, "Under Pressure", Transportation & Logistics, Summer 2014
- Author, CMS Rule Expands LTCF Administrators’ Responsibility to Report Facility Closures, McGuireWoods Legal Alert, March 4, 2011
- Author, Provisions of Health Reform Law Promote “Aging in Place”, McGuireWoods Legal Alert, May 18, 2010
- Author, Illinois Nursing Home Safety Task Force Final Report: A Call for Reform, McGuireWoods Legal Alert, March 9, 2010
- Author, Exploring Options for Senior Care in a Recovering Economy, McGuireWoods Legal Alert, February 15, 2010
- Author, Gov. Announces Reform Plan for Illinois Nursing Homes, McGuireWoods Legal Alert, January 19, 2010
- Author, Senate Health Reform Bill Incorporates CLASS Act, McGuireWoods Legal Alert, November 25, 2009
- Author, Senate Finance Committee Bill: Highlighting Provisions for Post-Acute Care Providers, McGuireWoods Legal Alert, September 22, 2009
- Author, Draft Health Reform Bill Includes Bundled Payments, McGuireWoods Legal Alert, June 24, 2009
- Author, Exploring Health Care Bundling Debate, McGuireWoods Legal Alert, June 2, 2009
- Author, Senate Finance Committee Proposals Would Impact Long-Term Care Providers, McGuireWoods Legal Alert, May 20, 2009
- Author, Legislation Proposed to Extend Regulatory Relief and Development Moratorium for Long-Term Acute Care Hospitals, McGuireWoods Legal Alert, May 5, 2009
- Author, CMS Announces Details Regarding Pay-For-Performance Demonstration for Nursing Homes, McGuireWoods Legal Alert, April 20, 2009
- Author, Exploring Potential Benefits and Drawbacks of Acute-Care and Post-Acute Care Payment Bundling, McGuireWoods Legal Alert, April 6, 2009
- Author, CMS Urges Nursing Home Administrators to Be on the Lookout For Recalled Peanut Products, McGuireWoods Legal Alert, March 31, 2009
- Author, CMS to Seek Recoupment of $25 Million From Hospitals Under Medicare’s Post-Acute Transfer Policy, McGuireWoods Legal Alert, March 20, 2009
- Author, Tension in the Marketplace Leads to Waiting List Woes, McGuireWoods Legal Alert, March 16, 2009
- Author, The Long-Term Care Arbitration Act: S. 512 in the 111th Congress: Bringing Sandbox Lessons to Mainstream, McGuireWoods Legal Alert, March 9, 2009
- Author, Alternative Risk Financing Mechanisms: The Financial Benefits Are Good For Senior Care, But Are Not the End of the Story, McGuireWoods Legal Alert, March 3, 2009
- Author, Red Flag Rules Deadline Extended: 1) Which Health Care Providers Must Comply, and 2) Requirements for Health Care Providers, McGuireWoods Legal Alert, October 28, 2008
- Author, Senior Care Investments: Careful Investors Can Create Value in this Essentially Unlimited Sector AND Avoid the Understated Risk, McGuireWoods Legal Alert, July 30, 2008
- Author, A Five-Star Invitation: CMS Solicits Input Regarding Nursing Home Rating System, McGuireWoods Legal Alert, July 16, 2008
- Author, "Private Equity Newsletter", February 15, 2008
- West Virginia
- U.S. District Court for the Southern District of West Virginia
- Virginia (All State and Federal Courts)
Named “Lawyer of the Year,” Personal Injury Litigation – Defendants, Charlottesville, The Best Lawyers in America, Woodward/White, Inc., 2019, 2022, 2024
Selected for inclusion in The Best Lawyers in America, Product Liability Litigation, Personal Injury Litigation, Woodward/White, Inc., 2009-2024
Named a Client Service “All-Star,” BTI Consulting, 2023
Selected for inclusion in “Legal 500 United States,” Transport: Rail and Road – Litigation and Regulation, 2021; Energy Litigation: Oil and Gas 2021, 2022, 2023
Honoree, “William J. Brennan, Jr. Award,” National Trial Advocacy College, University of Virginia School of Law, 2020
Selected for inclusion as a “Leading Lawyer,” Transport: Rail and Road, Virginia, Legal 500 US, 2017-2020
Selected for inclusion as a “Leading Lawyer,” Product Liability, Mass Tort And Class Action: Automotive/Transport, Virginia, Legal 500 US, 2017
Selected for inclusion in America’s Leading Lawyers for Business, Transportation: Road (Carriage/Commercial), Nationwide, Chambers USA, 2016-2018
Named to “Legal Elite,” Virginia, Virginia Business Magazine, 2005-2007
Selected for inclusion in Who’s Who in American Lawyers, Litigation, Marquis Who’s Who, 2000
Selected for inclusion in Who’s Who in American Business, Litigation, Marquis Who’s Who, 1996
Selected for inclusion in Who’s Who in International Lawyers, Litigation, Marquis Who’s Who, 1995
Named to “Virginia Super Lawyers,” Transportation/Maritime, Health Care, Super Lawyers, Thomson Reuters, 2012
- Speaker, Preparing on All Fronts for a Catastrophic Event, Rescheduled
- Panelist, "Responding to Crisis: The Intersection of Law, Government affairs and PR", VBA 23rd Annual Corporate Counsel Fall Forum, Richmond, VA, September 15, 2023
- Faculty, Managing Catastrophic Losses Pre- and Post-Incident While Maximizing Insurance Coverage Recovery, Lorman Live Webinar, September 8, 2021
- Speaker, "Hot Topics Panel," "Safety, FDA regulations & liability," "Mock Deposition", 2014 IWLA Warehouse Legal Practice Symposium, June 18, 2014
- Speaker, Alternative Risk Solutions – Beyond Traditional Risk Transfer, May 19, 2009
- Instructor, "Handling Motor Vehicle Accident Cases—Trial Segment", Motor Vehicle Virginia Continuing Legal Education Seminar, May 17, 2007
- Speaker, West Virginia Judicial Conference, April 29, 2007