Brian J. Koenig | Koley

Koley Jessen P.C., L.L.O.
One Pacific Place
1125 South 103rd Street, Suite 800
Omaha, NE 68124
Phone: 402-390-9500
Fax: 402-390-9005
brian.koenig@koleyjessen.com

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Brian Koenig practices in the areas of banking and finance, bankruptcy and creditors’ rights, and litigation. In his bankruptcy practice, he counsels a variety of clients, including creditors, debtors, bankruptcy trustees, creditor committees, and post-bankruptcy investors. His experience includes: identifying, negotiating, and implementing strategies for distressed companies both in and out of bankruptcy; counseling lenders and investors in commercial transactions, including foreclosure proceedings and disputes under the Bankruptcy Code; litigating contested matters on behalf of debtors and creditors in state and federal courts; and formulating strategies to assist companies dealing with troubled and bankrupt customers. In his general litigation practice, which is concentrated in commercial and business litigation, Brian represents clients in a variety of litigation matters as well as arbitrations and mediations. Brian practices in both the federal and state courts in Nebraska and Iowa. Prior to joining Koley Jessen, he served as a judicial law clerk to the Honorable John F. Wright with the Nebraska Supreme Court and was Editor-in-Chief of the Creighton Law Review.

Representative Experience

Served as co-counsel for the creditors’ committee in one of the largest and most complex bankruptcy cases in Nebraska.
Has represented clients in contract claims, lease disputes, National Vaccine Injury Compensation Program or “Vaccine Act” claims, construction lien foreclosures, class action suits, replevin actions, arbitrations, and mediations.
Obtained $10.8 million judgment against national company
Defeated appeal of $5.4 million claim in the Bankruptcy Appellate Panel for the Eighth Circuit Court of Appeals
Won bank $4.8 million judgment in a motion for summary judgment in dispute over debt
Obtained $540K for contractor in dispute with owner over insurance coverage
Helped achieve $300K judgment in vaccine act case in federal claims court
Obtained complete dismissal of complaint in which plaintiffs requested more than $220K in damages
Won motion for summary judgment for contractor in dispute over enforceability of liquidated damages clause
Helped successfully defeat class certification motion in nationwide telecommunications claim resulting in dismissal of class action lawsuit in which the alleged damages were over $4 million
Negotiated several $1 million plus settlements for plaintiffs
Represented numerous professionals in claims involving license issues and disciplinary proceedings
Implemented strategies to minimize exposure of guarantors of failing businesses
Consulted banks and borrowers with garnishment and lien questions
Represented businesses and individuals in bankruptcy-related litigation, including preference and fraudulent transfer actions
Obtained complete dismissal of numerous preference claims

Practice Groups
Litigation
Banking, Finance and Creditors’ Rights

Education
J.D., Creighton University, 2007 (cum laude)

Editor-in-Chief, Creighton Law Review, 2006-2007
Editorial Staff, Creighton Law Review, 2005-2006

B.A., Simpson College, 2003

Political Science and History

Bar Admission
State of Iowa
State of Nebraska
U.S. District Court, District of Nebraska
U.S. District Court, Northern District of Iowa
U.S. District Court, Southern District of Iowa
U.S. Court of Appeals, Eighth Circuit
U.S. District Court, Central District of Illinois
U.S. Court of Appeals, Ninth Circuit

Professional and Community Involvement
Nebraska, Iowa, and Omaha Bar Associations