Brian D. Cunningham, P.C.

Bar Admissions

• Idaho
• Utah

Court Admissions

• Supreme Court of Idaho
• Supreme Court of Utah

Education

• University of Utah College of Law (J.D.)
  • Recipient Edward W. Clyde Fellowship
• University of Virginia (Ph.D. candidate, Economics)
  • Recipient University Presidential Fellowship
• Weber State University (B.A.)
  • Outstanding Graduate, School of Business and Department of Economics

Languages

Spanish

Awards & Recognition

• The Best Lawyers in America®
  • Banking & Finance Law, Real Estate Law (2008-2025)
  • Commercial Finance Law, Public Finance Law (2024-2025)
  • Utah Banking Lawyer of the Year (2011)
• Mountain States Super Lawyers^®, Banking (2010-2014, 2017-2024)
  • Super Lawyers^®, Banking – Business Edition (2011)
• Utah’s Legal Elite: Banking/Financial, Utah Business Magazine (2005-2022)
• Chambers USA: America’s Leading Lawyers for Business®, Real Estate (2009-2018)

Previous Professional Experience

• Brent R. Armstrong Law Offices, P.C., Associate
• Weber State University, Department of Economics, Adjunct Professor
• University of Phoenix, Business Law, Economics and Statistics, Adjunct Professor
• Center for Public Service, Economist

Professional Memberships and Activities

• American College of Mortgage Attorneys
• American College of Real Estate Lawyers
• Utah State Bar Banking and Finance Section
  • Vice President
• Commercial Finance Association Education Foundation
  • Board of Directors
• American Bar Association
  • Uniform Commercial Code Committee
  • Commercial Financial Services Committee
• National Association of Bond Lawyers
• Utah Association of Financial Services
• International Factoring Association

Community Involvement

• Volunteers of America, Utah
  • Board of Directors

Representative Presentations and Publications

• “Commercial Real Estate Lending: Lease Review in Troubled Times,” Co-Author, The Utah Banker magazine (January/February 2010) (also published in the Colorado Banker magazine, May/June 2010)
• “The Utility and Flexibility of Forbearance Agreements,” Co-Author, The Utah Banker magazine (September/October 2009) (also published in the Colorado Banker magazine, November/December 2009)
• “Government Receivables as Collateral? Proceed with Caution!,” Co-Author, The Utah Banker magazine (January/February 2009) (also published in the Colorado Banker magazine, May/June 2009)
• “Back in the REO Business: Assessing the Value of Real Estate Loans and Bank Owned Real Estate,” Co-Author, The Utah Banker magazine (Fall 2008)
• “Utah’s One Action Rule,” Presenter, Utah State Bar Banking and Finance Section Annual Meeting (May 13, 2008)
• “Remedies Under Article 9 of the UCC,” Deeds In Lieu Of Foreclosure and Secret Liens, Presenter, Utah State Bar Mid Year Meeting (March 15, 2008)
• “Accord Insurance Certificates: Does Your Borrower Really Have Coverage?,” Co-Author, The Utah Banker magazine (Spring 2008)
• “Round and Round the Mulberry Bush … Subordination, Non-Disturbance and Attornment Agreements,” Co-Author, The Utah Banker magazine (Winter 2008)
• “New Rules Available to Govern Commercial Letters of Credit: So Many Choices – UCP 600, UCP 500 and ISP 98,” The Utah Banker magazine (Fall 2007)
• “Secured Transactions Under Article 9 of the UCC,” Presenter, Utah State Bar Annual Meeting (July 19, 2007)
• “An Introduction to Real Estate Secured Lending,” Presenter, Utah State Bar Mid-Year Meeting (March 9, 2007)
• “Current Issues in Commercial Lending,” Presenter, Utah State Bar Meeting (March 12, 2006)
• “Commercial Lending in Utah,” Presenter, Lorman Education, Salt Lake City, Utah (October 29, 2005)
• “Real Estate Lending,” Presenter, Utah State Bar Association, Salt Lake City, Utah (Jan 20, 2005)
• “Community Reinvestment Act,” Utah Banker magazine (May/June 2004)
• “Annual Title and Survey Review Seminar,” Presenter (May 2004)
• Lecturer, International Factoring Association Monthly Meetings; topics included secret liens, guaranties and consideration and federal tax liens
• “Secret Liens: What You Don’t Know Can Hurt You,” Presenter, 9th Annual International Factoring Association Convention, Salt Lake City, Utah (April 4, 2003)