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Brian P. Muething


Brian Muething assists firm clients with complex legal issues and represents them in litigation. His recent practice has included defense of ESOP fiduciary duty and other ERISA-related claims, defense of state law breach of fiduciary duty claims against officers and directors, and representation of a group of national retailers in an intellectual property case.

Brian also has experience in insolvency and bankruptcy matters, having represented financial institutions, insurance companies, landlords, and officers and directors in bankruptcy-related matters.

A number of businesses, including multiple manufacturing companies and the franchisee of a national restaurant, also regularly seek counsel from Brian on general legal matters.

Brian is co-chair of KMK's Hiring Committee, and he has served as the coordinator of the firm's pro bono activities.

Brian previously served as an adjunct professor of business law at Miami University’s Farmer School of Business.

Representative Matters

  • 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
  • Representing 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
  • Representing national retailers in connection with a patent infringement matter; obtained stay of litigation
  • 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
  • Represented a large public corporation in connection with race and gender discrimination claims

Awards & Recognitions

  • Named to Ohio Rising Stars


Speaking Engagements


  • Lessons for Boards and ESOP Fiduciaries from the Antioch Case, NCEO Issue Brief, July 2017

Professional & 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
Keating Muething & Klekamp PLL
One East Fourth Street
Suite 1400
Cincinnati OH 45202
TEL: (513) 639-3814
FAX: (513) 579-6457
Practice Areas

Blog Contributions

Bar & Court 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
  • J.D., University of Cincinnati College of Law, 2003
  • B.A., Miami University, 2000; (triple major: political science, geography and urban and regional planning)