Brian S. McGrath
Brian S. McGrath
Partner
He/Him
"I’m known in the mortgage lending industry not only for my cutting-edge lawyering skills, but also for creating a dynamic team of forward-thinking, diverse, and unique people. The result of building such a team is that we consistently produce exceptional work on behalf of our clients."
Brian S. McGrath
Partner
He/Him
"I’m known in the mortgage lending industry not only for my cutting-edge lawyering skills, but also for creating a dynamic team of forward-thinking, diverse, and unique people. The result of building such a team is that we consistently produce exceptional work on behalf of our clients."
About Brian
Leveraging years of experience, Brian counsels mortgage loan servicers and other financial institutions nationwide on high profile complex legal issues in connection with lender liability and consumer protection statutes. He also handles complaints concerning the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA), as well as regulatory issues involving Consumer Financial Protection Bureau (CFPB) enforcement actions, and advises clients on trends in both state and federal law impacting the consumer financial services industry.
Clients consider Brian a trusted business partner and regularly turn to him for his extensive network within the financial services industry to connect with experts and policymakers.
Brian recently partnered with a client to create a proprietary case management platform that seamlessly integrates with meaningful data points to better forecast and manage their litigation portfolio on a mass-scale. He routinely partners with clients to leverage technology to provide more efficient and effective outside counsel legal services.
Areas of Focus
Industries:
Services:
- Biometric Information Privacy Act (BIPA);
- Complex Commercial Litigation ;
- Consumer & Class Action Defense;
- Fair Credit Reporting Act (FCRA);
- Fair Debt Collection Practices Act (FDCPA);
- Financial Services Litigation ;
- Financial Services Regulatory & Compliance;
- Litigation & Trial;
- Mortgage Lending & Servicing Litigation ;
- Regulatory & Compliance ;
- Subpoena Response Management ;
- Supervisory Examinations, Investigations & Enforcement;
- Telephone Consumer Protection Act (TCPA);
- White Collar Defense, Investigations & Enforcement
Initiatives:
Experience
- Represented a leading New York mortgage servicer trade organization in an amicus filing to the New York Court of Appeals to hear and settle a matter of great significance regarding how the statute of limitations is calculated for mortgage foreclosure actions.
- Defended large financial services institutions in a federal action seeking relief from purported violations of a pooling and servicing agreement for mortgage-backed securities. Obtained a dismissal of all charges in the district court, and the ruling was affirmed by the US Court of Appeals for the Second Circuit.
- Handled or supervised hundreds of cases as regional counsel for a large bank and financial services company for all its bankruptcy/work-out litigation and threatened litigation related to their small business loan portfolio. The cases ranging from New York, Louisiana, Texas, and Florida have primarily involved federal bankruptcy codes and federal and state banking statutes, including state-specific consumer laws and regulations and state common law claims.
- Represented a large biotechnology company in connection with landmark patent litigations. The US Supreme Court ultimately ruled in the client's favor and established that an extant licensee to a patent has Article III standing to challenge a patent.
Recognition
- New York Law Journal, Distinguished Leader Honoree, New York Legal Awards, 2025
- Crain's New York, Notable LGBTQIA+ Leader, 2023, 2024
- Crain's New York, Notable Diverse Leader in Law, 2022
- Boy Scouts of America, Order of the Arrow, Distinguished Service Award, 1998
- University at Buffalo School of Law, Order of Barristers
Credentials
Education
- University at Buffalo School of Law, JD, magna cum laude, 2000
- The State University of New York at Geneseo, BA, 1996
Bar Admissions
- New York
Court Admissions
- US Court of Appeals for the Second Circuit
- US District Court for the Eastern District of New York
- US District Court for the Northern District of New York
- US District Court for the Southern District of New York
- US District Court for the Western District of New York
Thought Leadership
Presentations
- Panelist, "Key State Cases and Bankruptcy," Mortgage Bankers Association's Compliance and Risk Management Conference, Washington, D.C., September 28, 2025
- Co-Presenter, "Key State Cases and Trends," Mortgage Bankers Association, Legal Issues and Regulatory Compliance Conference, San Diego, California, May 16, 2025
- Opening Remarks, 2025 Auto Finance Seminar, Hinshaw & Culbertson LLP, Chicago, Illinois, May 1, 2025
- Co-Presenter, "Key State Cases and Trends and Bankruptcy," Mortgage Bankers Association, Compliance and Risk Management Conference, Washington, DC, September 22, 2024
- Co-Presenter, "Key State Cases and Fair Lending," Mortgage Bankers Association, Legal Issues and Regulatory Compliance Conference, San Diego, California, May 5, 2024
Blog Posts
- Federal Court Rules That CDC Exceeded its Authority with Nationwide Eviction Moratorium, May 11, 2021
- New York Court of Appeals Decision Clarifies RPAPL Notice Requirements, Affirms Heightened Standard for Borrowers, Apr 1, 2021
- Landmark New York Court of Appeals Decision Clarifying Calculation of Statute of Limitations in Mortgage Foreclosure Actions, Feb 19, 2021
- New York Courts Lift Suspension of Foreclosure Proceedings, Add Additional Conference Requirement, Jul 29, 2020
- New York State Enacts New Procedures for Residential Mortgage Forbearance Plans, Jun 24, 2020
Events
- Hinshaw Partners Present at Firm-Sponsored Mortgage Bankers Association's Legal Issues and Regulatory Compliance Conference, May 14, 2025
- Third Annual Driving Ahead Auto Finance Seminar: Insights from Industry Leaders, May 1, 2025
- Hinshaw Attorneys Present at Firm-Sponsored Mortgage Bankers Association's Legal Issues and Regulatory Compliance Conference 2024, May 5-8, 2024
- Brian McGrath to Speak on Loan Servicing Best Practices and Risks in New York at NYMBA's Annual Convention, Oct 5, 2023
- Brian McGrath to Speak at From Day One, Live 2023: Manhattan, Sep 26, 2023
Hinshaw Alert
In The News
- The New York Law Journal Profiles Brian McGrath in a Q&A on Leadership, Mentorship, and the Business of Law, Sep 4, 2025
- Brian McGrath Discusses the Impact of the New York Foreclosure Abuse Prevention Act on Homeowners, Feb 13, 2023
- Brian McGrath Reacts to News Governor Hochul Signed the New York Foreclosure Abuse Prevention Act into Law, Jan 4, 2023
- Brian McGrath Praises New York Court of Appeals Decision in Fannie Mae Foreclosure Case, Dec 21, 2022
- Brian McGrath Appears on CBS New York as Governor Hochul Mulls Whether to Sign New York Foreclosure Abuse Prevention Act, Aug 2, 2022
Press Releases
- Brian McGrath Selected as a Distinguished Leader in the Prestigious New York Law Journal 2025 New York Legal Awards, Jul 24, 2025
- Brian McGrath Appointed to the Firm’s Management Committee, Nov 12, 2024
- Brian McGrath Selected for Crain’s New York Business 2024 Notable LGBTQIA+ Leaders, Jun 24, 2024
- Brian McGrath Selected to Crain’s New York Business List of 2023 Notable LGBTQIA+ Leaders, Jun 7, 2023
- Hinshaw Expands Texas Presence with New Dallas Office and a Team of Financial Services Attorneys, Feb 1, 2023
Webinars
Interests
Did you know...
Brian grew up on a small family farm in upstate New York, which he now owns with his husband. As a huge baseball fan, Brian is fiercely loyal to the Los Angeles Dodgers. Still, his heart belongs to the cleverest of dogs: the dachshund.
Community/Civic Activities
- Development Authority of the North Country, Board of Directors
- SUNY Oswego, College Council, Board of Directors
- Lewis County Health System Foundation, Board of Directors
Thought Leadership
Presentations
- Panelist, "Key State Cases and Bankruptcy," Mortgage Bankers Association's Compliance and Risk Management Conference, Washington, D.C., September 28, 2025
- Co-Presenter, "Key State Cases and Trends," Mortgage Bankers Association, Legal Issues and Regulatory Compliance Conference, San Diego, California, May 16, 2025
- Opening Remarks, 2025 Auto Finance Seminar, Hinshaw & Culbertson LLP, Chicago, Illinois, May 1, 2025
- Co-Presenter, "Key State Cases and Trends and Bankruptcy," Mortgage Bankers Association, Compliance and Risk Management Conference, Washington, DC, September 22, 2024
- Co-Presenter, "Key State Cases and Fair Lending," Mortgage Bankers Association, Legal Issues and Regulatory Compliance Conference, San Diego, California, May 5, 2024
Blog Posts
- Federal Court Rules That CDC Exceeded its Authority with Nationwide Eviction Moratorium, May 11, 2021
- New York Court of Appeals Decision Clarifies RPAPL Notice Requirements, Affirms Heightened Standard for Borrowers, Apr 1, 2021
- Landmark New York Court of Appeals Decision Clarifying Calculation of Statute of Limitations in Mortgage Foreclosure Actions, Feb 19, 2021
- New York Courts Lift Suspension of Foreclosure Proceedings, Add Additional Conference Requirement, Jul 29, 2020
- New York State Enacts New Procedures for Residential Mortgage Forbearance Plans, Jun 24, 2020
Events
- Hinshaw Partners Present at Firm-Sponsored Mortgage Bankers Association's Legal Issues and Regulatory Compliance Conference, May 14, 2025
- Third Annual Driving Ahead Auto Finance Seminar: Insights from Industry Leaders, May 1, 2025
- Hinshaw Attorneys Present at Firm-Sponsored Mortgage Bankers Association's Legal Issues and Regulatory Compliance Conference 2024, May 5-8, 2024
- Brian McGrath to Speak on Loan Servicing Best Practices and Risks in New York at NYMBA's Annual Convention, Oct 5, 2023
- Brian McGrath to Speak at From Day One, Live 2023: Manhattan, Sep 26, 2023
Hinshaw Alert
In The News
- The New York Law Journal Profiles Brian McGrath in a Q&A on Leadership, Mentorship, and the Business of Law, Sep 4, 2025
- Brian McGrath Discusses the Impact of the New York Foreclosure Abuse Prevention Act on Homeowners, Feb 13, 2023
- Brian McGrath Reacts to News Governor Hochul Signed the New York Foreclosure Abuse Prevention Act into Law, Jan 4, 2023
- Brian McGrath Praises New York Court of Appeals Decision in Fannie Mae Foreclosure Case, Dec 21, 2022
- Brian McGrath Appears on CBS New York as Governor Hochul Mulls Whether to Sign New York Foreclosure Abuse Prevention Act, Aug 2, 2022
Press Releases
- Brian McGrath Selected as a Distinguished Leader in the Prestigious New York Law Journal 2025 New York Legal Awards, Jul 24, 2025
- Brian McGrath Appointed to the Firm’s Management Committee, Nov 12, 2024
- Brian McGrath Selected for Crain’s New York Business 2024 Notable LGBTQIA+ Leaders, Jun 24, 2024
- Brian McGrath Selected to Crain’s New York Business List of 2023 Notable LGBTQIA+ Leaders, Jun 7, 2023
- Hinshaw Expands Texas Presence with New Dallas Office and a Team of Financial Services Attorneys, Feb 1, 2023
Webinars
Brian's Insights
Press Release
Nov 12, 2024
Press Release
Jun 24, 2024
Brian McGrath Selected for Crain’s New York Business 2024 Notable LGBTQIA+ Leaders
Event
Sep 26, 2023
Brian McGrath to Speak at From Day One, Live 2023: Manhattan
Press Release
Jun 7, 2023
Brian McGrath Selected to Crain’s New York Business List of 2023 Notable LGBTQIA+ Leaders
Press Release
Feb 1, 2023
Hinshaw Expands Texas Presence with New Dallas Office and a Team of Financial Services Attorneys
