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Brian J. Paul

Partner

Overview

Brian J. Paul is the co-chair of the firm's appellate team and represents clients in high-stakes commercial litigation. He has briefed and argued everything from weighty abstract constitutional issues to dollars-and-cents business issues and everything in-between, both on appeal and in trial courts around the country. A member of the American Law Institute, recent past-president of the Seventh Circuit Bar Association and top-tier ranked Chambers appellate lawyer, Brian had one client say about him: “Brian is one of the most respected and skilled appellate lawyers, not only in Indianapolis but across the country. He is trusted to deliver timely guidance on complex issues.” Another said: “He is excellent. I enjoyed working with him. He is able to put things into layman’s terms and explains things really well. His written and oral advocacy are short, crisp and to the point.”

Clients hire Brian to digest the complex, and make the complex simple and compelling for busy, generalist judges. In his writing, he strives to cut through jargon and legalese, and distill things down to what’s important. In his oral advocacy, by intense preparation, he strives to be the advocate whom judges trust for the right answers. In the dozens of cases he has argued, Brian has helped clients win on both sides of the “v.” His recent representations include:

  • AXIS Ins. Co. v. Am. Specialty Ins. & Risk Servs., No. 23-1698, 2024 WL 3665333, ___ F.4th ___ (7th Cir. Aug. 6, 2024). Representing AXIS Insurance Co., Brian obtained a reversal of an adverse summary judgment ruling in a case holding that the parties' indemnification contract neither expressly nor impliedly obligated the indemnitee to tender a defense to the indemnitor before settling claims against the indemnitee.
  • Circle City Broad. I, LLC v. AT&T Servs., Inc., 99 F.4th 378 (7th Cir. 2024). Representing AT&T Services, Inc., and DirectTV, LLC, Brian successfully defended a favorable summary judgment ruling in a case involving alleged discrimination in contracting under 42 U.S.C. § 1981 holding that the plaintiff failed to demonstrate that a jury could reasonably find that the defendants' decision not to pay broadcast retransmission fees for the rights to carry two Indianapolis-based television stations reflected anything other than lawful business choices responsive to dynamics of the television broadcast market.
  • Wells v. Freeman Co., 94 F.4th 608 (7th Cir. 2024). Representing The Freeman Company, Brian successfully defended a favorable summary judgment ruling in a Title VII case holding that the plaintiff could not sue for sexual harassment because she was not the company’s employee, but instead an independent contractor.
  • Mellowitz v. Ball State Univ., 221 N.E.3d 1214 (Ind. 2023). Representing Ball State University, Brian successfully defended the constitutionality of a state law that barred class actions seeking refunds of tuition and fees based on the university’s cancellation of in-person classes due to the COVID-19 pandemic.
  • Klaassen v. Trustees of Indiana Univ., 7 F.4th 592 (7th Cir. 2021) and Klaassen v. Trustees of Indiana Univ., 24 F.4th 638 (7th Cir. 2022). Representing Indiana University, Brian successfully defended the constitutionality of the school’s COVID vaccine mandate policy.
  • Nat’l Collegiate Athletic Ass’n v. Finnerty, 191 N.E.3d 211 (Ind. 2022). Representing the NCAA, Brian secured the reversal of a discovery ruling that would have allowed high-ranking executives to be deposed without any consideration of their unique role in the organization.
  • Westwood One Radio Networks, LLC v. Nat’l Collegiate Athletic Ass’n, 172 N.E.3d 294 (Ind. Ct. App. 2021). Representing the NCAA, Brian successfully beat back a request for an injunction preventing the Association from terminating an exclusive radio broadcast agreement.
  • Reid Hosp. & Health Care Servs., Inc. v. Conifer Revenue Cycle Sols., LLC, 8 F.4th 642 (7th Cir. 2021). Representing Reid Hospital & Health Care Services, Brian secured the reversal of a summary judgment ruling that denied the hospital the ability to seek tens of millions of dollars in compensation for breach of a revenue collection services contract.
  • Delgado v. U.S. Dep’t of Just., 979 F.3d 550 (7th Cir. 2020). Representing an agent of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Brian obtained the reversal of an agency decision that declined to force an investigation into whether the agent had been retaliated against and denied promotions, in violation of the Whistleblower Protection Act, for reporting his suspicions that another agent had testified falsely during a federal criminal trial.
  • River Ridge Dev. Auth. v. Outfront Media, LLC, 146 N.E.3d 906 (Ind. 2020). Representing River Ridge Development Authority, Brian got a reversal of a six-figure attorney’s fees award.
  • Indiana Off. of Util. Consumer Couns. v. S. Indiana Gas & Elec. Co., 200 N.E.3d 915 (Ind. 2023). Representing the Indiana Energy Association as amicus curiae (friend of the court), Brian helped secure the reversal of a lower appellate court ruling that misinterpreted a statute governing customer credits for excess distributed generation of electricity.
  • Duke Energy Indiana, LLC v. City of Noblesville, 234 N.E.3d 173 (Ind. 2024). Representing the Indiana Energy Association as amicus curiae, Brian helped secure the reversal of a lower appellate court ruling in a case holding that only the Indiana Utility Regulatory Commission can decide whether a city ordinance implicating a public-utility function is unreasonable. 

Personal Interests

When not practicing law or spending time with his family, Brian is an avid bird hunter and enjoys training his retrievers, Molly and Pepper. When not in the field, Brian also enjoys bourbon, as well as starting (and occasionally even finishing) a long book.

Credentials

Bar Admissions

Indiana

Court Admissions

U.S. Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Central District of Illinois
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Southern District of Illinois
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Indiana
U.S. District Court for the Western District of Michigan

Education

Vanderbilt University Law School
J.D. (2000)

Purdue University
M.A. in American History (1997)

Purdue University
B.A. in History (1995)

Insights & Events

Other Perspectives
  • Indiana Supreme Court Upholds Law Restricting Which Candidates Can Appear on Primary Ballots
    Co-author with Melinda Hudson, The Federalist Society, State Court Docket Watch, 2024
  • Small Kindnesses: A Tribute to Judge Hamilton
    Indiana Law Review, March 2023
  • What Lawyers Expect at Oral Argument
    Council of Chief Judges of State Courts of Appeal, Great Educational Moments (GEMS), 2020
  • Indiana Supreme Court Round Up
    Co-presenter, The Federalist Society, Indianapolis Lawyers Chapter, Indianapolis, 2019
  • A Look at Indiana’s Appellate Courts: Statistics, Trends & Amicus Practice
    Co-presenter, Indiana State Bar Association, Indianapolis, 2017
  • State Religious Freedom Restoration Acts and the Indiana Experience
    Co-presenter, The Federalist Society, Indianapolis Lawyers Division Chapter, Indianapolis, 2017
  • State RFRAs and the Indiana Experience
    RFRA Claims: What Are the Issues?, Indiana Continuing Legal Education Forum, Indianapolis, 2017
  • Avoiding the Common Pitfalls of Practicing Before the Seventh Circuit Court of Appeals
    Co-presenter with Julie Lyons, U.S. Court of Appeals for the Seventh Circuit, Indiana State Bar Association: Evening With the Appellate Judges, Indianapolis, 2017
  • Civil Breakout — The Fun and Fear of Arguing in the Seventh Circuit Court of Appeals
    Co-presenter with Indiana Solicitor General Thomas Fisher, Seventh Circuit Bar Association Annual Meeting, 2017
  • Constitution Day U.S. Supreme Court Roundup
    Co-presenter with Indiana Solicitor General Thomas Fisher and Jane Dall Wilson, Appellate Practice Section of the Indiana State Bar Association, 2016
  • Civil Brief Writing
    Co-presenter, Indiana Continuing Legal Education Forum, 2016
  • Practicing Writing Persuasive Issue Statements, Statements of Fact and Other Portions of the Brief
    Co-presenter with Judge Margret Robb, Appellate Practice Skills Seminar, Indiana State Bar Association, 2016
  • Oral Advocacy
    Panelist, Appellate Practice Skills Seminar, Indiana State Bar Association, 2016
  • Recent Civil Case Law Update
    Co-author with Justin Olson, Res Gestae, January/February 2016
  • Seventh Circuit Civil Appeals Practice Note: Initiating an Appeal
    Co-author with Donald Morgan, Practical Law Litigation, December 2015
  • Making Oral Argument Productive: Lawyers' Edition
    Circuit Rider, Seventh Circuit Bar Association, November 2015
  • Initial Civil Appeals State Q&A: Indiana
    Co-author with Donald Morgan, Practical Law Litigation, October 2015
  • Additional Civil Appeals State Q&A: Indiana
    Co-author with Donald Morgan, Practical Law Litigation, October 2015
  • Making Oral Argument Productive: Judges’ Edition
    Circuit Rider, December 2014, and The Appellate Advocate, Winter 2015
  • Reading, Writing & Filing Appellate Briefs in the Digital Era
    Moderator, Indiana State Bar Association Annual Meeting, 2015
  • Surviving and Thriving at Oral Argument in the Seventh Circuit Court of Appeals
    Co-presenter with Indiana Solicitor General Thomas M. Fisher, Appellate Practice Section of the Indiana State Bar Association, 2015
  • Stare Decisis in Indiana: What Does It Mean?
    Co-presenter with Judges John Baker and Margret Robb, Appellate Practice Section of the Indiana State Bar Association, 2013
  • On Joining the Appellate Bench and Other Reflections: An Interview with Indiana’s Newest Appellate Judges
    Co-presenter with Steve Creason, Chief Counsel, Appeals Division/Office of the Indiana Attorney General, Appellate Practice Section of the Indiana State Bar Association, 2013
  • The Art of the Reply Brief
    Co-presenter with Judges David Hamilton and Patricia Riley, Appellate Practice Section of the Indiana State Bar Association, 2013
  • Preserving Evidentiary Issues for Appeal
    National Business Institute, 2013
  • The Seventh Circuit Court of Appeals Gets a New Chief Judge
    Circuit Rider, December 2013, and The Appellate Advocate, Winter 2013

Leadership & Community

Pro Bono

  • Faegre Drinker — Pro Bono Honor Roll
  • Criminal Justice Act attorney

Professional Associations

  • American Law Institute, 2013-present
  • Seventh Circuit Rules Advisory Committee, 2012-22
  • Appellate Practice Section of the Indiana State Bar Association — Chair, 2014-15
  • Seventh Circuit Bar Association — President, 2021-22
  • The Federalist Society for Law and Public Policy Studies, Indianapolis Lawyers Chapter — President, 2011-present
  • Indianapolis Bar Association — Bar Leader Series IV and V, Steering Committee, 2006-08; Bar Leader Series III, Graduate, 2006
  • Indianapolis American Inn of Court — Barrister, 2007-16
  • American Enterprise Institute — Leadership Network, 2015-present

Civic Activities

  • Benjamin Harrison Presidential Site — Speaker Series Committee

Honors

  • Chambers USA — Indiana, Litigation: Appellate
  • Best Lawyers® — Appellate Practice, 2013-25 (Lawyer of the Year, 2020); Bet-the-Company Litigation, 2023-25
  • Indiana Super Lawyers — Appellate, 2012-24 (a Top 50 Lawyer, 2016-18); Rising Star, Appellate, 2009-11
  • Seventh Circuit Bar Association — John Paul Stevens Pro Bono and Public Service Award for Outstanding Pro Bono Work in the Seventh Circuit Court of Appeals, 2017
  • Indiana State Bar Association, Appellate Section — David Hamacher Public Service Award, 2016
  • Indianapolis Bar Foundation — Distinguished Fellow
  • Martindale-Hubbell — Peer Review Rating: AV-Preeminent®
Awards Methodology
No aspect of these recognitions has been approved by the highest court of any state.