Fredrikson & Byron, P.A.
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Brian S. McCool
Brian S. McCool
 
bmccool@fredlaw.com
p: 612.492.7309
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f: 612.492.7077
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Assistant: Debbie Kleist 612.492.7549
MEET BRIAN.
MEET BRIAN

‘One-size-fits-all’ does not work with legal advice. I pride myself in working closely with each of my clients to develop creative solutions to their unique legal issues.”
General Bio
 

Introduction

Brian is a shareholder in Fredrikson & Byron’s Real Estate Group. Brian has a multi-faceted real estate practice, with a particular focus on representing clients involved in disputes involving real property. He represents clients with a wide range of real estate-related disputes, including mortgage foreclosure actions, workouts, receiverships, landlord-tenant fights, construction claims, mechanic’s lien issues, boundary disputes, zoning actions, and disputes arising from purchase and sale transactions. Additionally, Brian also assists land owners, developers, and builders navigate through the myriad of local, state, and federal regulations that impact the use and development of real property. He also represents clients in a variety of commercial and residential real estate transactions, including the acquisition, disposition, construction, leasing, and financing of properties.

Education

  • University of Iowa College of Law, J.D., 2002, with highest distinction
  • Buena Vista University, B.A., Finance/Banking and Economics, 1999, summa cum laude

Bar Admissions

  • Minnesota, 2002
  • U.S. District Court for the District of Minnesota, 2003

Practice Areas

Selected Publications & Presentations

  • Speaker, “Legal Tips and Strategies for Your Next Development,” 2013 Minnesota Land Development Conference, Minnesota Real Estate Journal, May 10, 2013
  • Speaker, “9 Foreclosure Cases Every Real Estate Attorney Should Know,” The 2012 Mortgage Foreclosure Conference, Minnesota State Bar Association Continuing Legal Education, June 11, 2012
  • Speaker, “Critical Legal Issues for Your Next Development,” 2012 Minnesota Land Development Conference, Minnesota Real Estate Journal, May 11, 2012
  • Speaker, “Seven Key Foreclosure Cases Every Minnesota Lawyer Should Know,” Hennepin County Bar Association Real Property Section, April 12, 2012
  • Speaker, “The Magnificent 7 - Seven Mortgage Foreclosure Cases You Need To Know,” 2011 Real Estate Institute, Minnesota Star Bar Association Continuing Legal Education, November 4, 2011
  • Speaker, “What a Mess – The 5 Most Common Commercial Lease Disputes and How to Avoid Them,” Resolving Real Estate Disputes & Problems, Minnesota State Bar Association Continuing Legal Education, August 15, 2011
  • “Cities Are Back in the Variance Business: Legislature Removes Roadblock to Variance Applications by Making Much-Needed Changes to Variance Statutes,” FredNEWS: Real Estate, August 2011
  • Speaker, “Drafting Documents to Avoid Disputes – Focus on Indemnity Agreements and Guarantees,” Webcast for Minnesota State Bar Association Continuing Legal Education, June 22, 2011
  • Speaker, “Legal Strategies for Starting Development,” 2011 Minnesota Land Development Conference, Minnesota Real Estate Journal, May 13, 2011
  • Speaker, “Landlord – Tenant Law: Leases, Evictions, Litigation & Settlements,” Sterling Education Services, Inc., April 13, 2011
  • Speaker, “Highlights of the 2010 Real Estate Institute,” Minnesota State Bar Association Continuing Legal Education, March 18, 2011
  • Speaker, “Drafting Documents to Avoid Disputes – Focus on Indemnity Agreements and Guarantees,” 2010 Real Estate Institute, Minnesota State Bar Association Continuing Legal Education, November 12, 2010
  • Speaker, “Stimulus, Infrastructure Funding, and the Double-Edged Sword, 2009 Minnesota Land Development Conference, Minnesota Real Estate Journal, May 28, 2009
  • “The 2008 Minnesota Legislative Session Brings Many Real Estate Law Changes,” co-authored with Mary Ranum and Brian Clark, Summer Associate, FredNEWS: Real Estate, August 2008
  • Speaker, “Legislative and Case Law Updated: Impact on Developers,” 2008 Minnesota Land Development Conference, Minnesota Real Estate Journal, May 14, 2008
  • “Legislative Response to Surge in Foreclosures,” Fredrikson & Byron Real Estate Conference: Troubled Real Estate Loans in a Down Market, April 30, 2008
  • Speaker, “Attorney’s Guide to Commercial Evictions,” National Business Institute, February 4, 2008
  • Speaker, “From Land Acquisition to Entitlements,” 2007 Minnesota Land Development Conference, Minnesota Real Estate Journal, May 17, 2007
  • Speaker, “Equity Stripping and Foreclosure Reconveyance Transactions – The Good, the Bad, and the Ugly,” Mortgage Foreclosures in Minnesota, Minnesota State Bar Association Continuing Legal Education, May 15, 2007
  • Speaker, “Commercial & Residential Evictions and Collecting Overdue Rent in Minnesota,” Sterling Education Services, Inc., April 26, 2007
  • Speaker, 2006 Land Development & Redevelopment Conference, Minneapolis, May 10, 2006
  • Speaker, “It’s Not Whether You Win or Lose, It’s Whether You Can Avoid The Fight – Drafting Documents To Avoid Disputes,” 2005 Real Estate Institute, Minnesota State Bar Association Continuing Legal Education, November 2005
  • “Minnesota’s Equity-Stripping Statute,” Fredrikson & Byron’s Real Estate Focus Newsletter, June 2005
  • “Security Interests in Contracts for Deed,” co-authored with Mary S. Ranum, Fredrikson & Byron’s Real Estate Focus Newsletter, November 2004, Fredrikson & Byron’s Bank Focus Newsletter, June 2004
  • “Developments Concerning Minnesota’s Homestead Law May Have You Looking for New Neighbors,” co-authored with John M. Koneck, Fredrikson & Byron’s Real Estate Focus Newsletter, November 2003

Professional Activities

  • Co-Chair, Land Use Subcommittee, National Association of Industrial and Office Properties (NAIOP) – Minnesota Chapter
  • Member, Public Policy Committee, NAIOP – Minnesota Chapter
  • Member, Board of Directors, Shoreview Area Housing Initiative
  • Member, Planning Commission, City of Shoreview, MN

Honors & Distinctions

  • 2011, 2010, 2008, 2006 Minnesota Rising Star, Minnesota Super Lawyers magazine and Minnesota Law & Politics magazine
  • Order of the Coif
  • Best Overall Advocate, 2001 Van Oosterhout Memorial Moot Court Competition