Biography

Brian Muething assists firm clients with complex legal issues and represents them in litigation. His recent practice has included defense of ERISA fiduciary duty and other ESOP-related claims and defense of state law breach of fiduciary duty claims against officers and directors.

Brian serves as the principal outside counsel to FC Cincinnati. Multiple manufacturing companies and the franchisee of a national restaurant also regularly seek counsel from Brian on general legal matters.

Brian is currently an instructor at the Lindner College of Business at the University of Cincinnati. Brian previously served as an adjunct professor of business law at Miami University’s Farmer School of Business and at Xavier University's Williams School of Business.

Representative Work

Represented company officers in 15-week bench trial against claims for breach of fiduciary duty and other ERISA violations, resulting in a judgment for defendants on all claims

Represented company’s former officers and directors in breach of fiduciary duty litigation filed by a litigation trustee; decisions excluding plaintiff’s expert and granting summary judgment were recently affirmed by the Sixth Circuit

Represented large private corporation in putative class action alleging overbilling; persuaded Court to dismiss all claims upon the filing of a motion to dismiss

Represented a group of private companies in connection with a commercial and environmental dispute relating to a golf course and a landfill

Represented a large financial institution in connection with a putative class action alleging conflicts of interest in mutual fund purchases; secured dismissal of claims as affirmed by the Sixth Circuit in a widely-cited published opinion

Professional and Community Involvement

Tender Mercies, Member of Board of Trustees

Oyler School, A.P. Hampton Mentoring Program, (2003-present)

Cincinnati Academy of Leadership for Lawyers, Class XVII (2012), Fellow

Ohio State Bar Association

Cincinnati Bar Association

Awards & Recognition

Listed in The Best Lawyers in America, 2026

Named to Ohio Rising Stars

  • Best Lawyers (Don't Delete)

News & Resources

News

Speaking Engagements

Publications

Blogs

Blogs

Blog Posts

Services

Admissions

  • Ohio
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio

Education

J.D., University of Cincinnati College of Law, 2003

B.A., Miami University, 2000, (triple major: political science, geography and urban and regional planning)

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