Overview
Bryan Kostura is a Member in McDonald Hopkins’ Litigation Department. He is a problem solver and negotiator, his practice focuses on representing publicly traded companies, financial institutions, private companies, individuals and government entities in civil, criminal and regulatory matters. He also advises on regulatory business issues, internal investigations and assists in corporate, commercial and public entity transactions.
Bryan takes a lead role in creating solutions for complex commercial business disputes, contract litigation, tort and negligence actions, temporary restraining orders, real estate litigation, employment agreements, zoning disputes, code enforcement, white collar criminal actions and public law issues. When litigation is unavoidable, Bryan is a skilled trial attorney with experience that includes white collar criminal defense, financial services litigation, and defense of class action claims involving the state and federal statutes.
Bryan’s past experience includes serving as Special Prosecutor for state actions on behalf of Ohio County prosecutors. Bryan is also a Major in the United States Army Reserves and is the Deputy Regional Defense Counsel for the Central Region for 16th Legal Operations Detachment. In that position he represents senior officers in criminal and administrative hearings and courts- martial. Previously, Bryan was a Captain on active duty stationed at Fort Drum, New York, where he prosecuted and defended hundreds of soldiers in criminal and administrative matters.
Bryan earned his J.D. from Cleveland State University College of Law. He earned his Bachelor of Arts in political science from John Carroll University, where he was awarded the Distinguished Military Graduate Award and the George Marshall Leadership Award.
Representative Cases & Matters
- Successfully obtained judgment for mortgage servicing client on falsification and fraud claims. Represented a national bank in which a borrower filed counterclaims against the bank alleging that it fabricated her signature on a promissory note. After extensive discovery, the plaintiff’s claims were dismissed on summary judgment.
- Successfully overturned six year old default judgment entered against financial institution. After garnishment proceedings had been initiated against the client, a national bank, we were able to stop the collection efforts and get a default judgment vacated and win on the underlying claims.
- Successful defense of RICO claims against national bank. Represented a national bank in federal court against claims that it and its foreclosure counsel had engaged in racketeering activity in violation of RICO when it purportedly fabricated its standing to foreclose. After extensive discovery and multiple lawsuits, we were able to get judgment in favor of our client, finding, among other things, that it did not violate RICO, which was ultimately affirmed on appeal.
- Successful Defense of TILA Claim against Auto Finance Company. Obtained judgment for an auto finance company on claims that it violated the Truth in Lending Act based on actions of the car dealer. The plaintiff contended that the auto finance company violated and conspired with an auto dealer to increase the sales price of a vehicle based on certain fees. After discovery and extensive litigation Plaintiff lost their claims on summary judgment.
Honors & Recognition
Selected for inclusion to the Ohio Super Lawyers Rising Stars list - Business Litigation, Creditor Debtor Rights: Business, Criminal Defense: White Collar (2015-2018)
Selected for inclusion in 2023 U.S. News – Best Lawyers®
Credentials
Education
Cleveland State University College of Law
John Carroll University
Admissions – Court
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
Admissions – State
- Ohio
Professional & Civic
Professional Activities
Ohio Bar Association
American Bar Association
Community Involvement
Boy Scouts of America
U.S. Army Reserve
News & Insights
External News & Publications
Consumer Financial Protection Bureau semi-annual report in review
- July 17, 2013 New OIG Opinion Leaves Door Open to New Preferred Hospital Networks Without Violating Kickback Statutes
Ohio Supreme Court Bars Voluntary Dismissals After Trial Court Enters Foreclosure Judgment and Order of Sale
The Justice Department Joins the Fight Against Lance Armstrong
Events
Speaking Engagements
When the Feds Come Knocking September 2021
Working with Executives Teams to Analyze Risk and Develop Strategy to Resolve Business Issues: Northeast Ohio Chapter of the Association of Corporate Counsels February 27, 2020
Avoiding SCRA Pitfalls: October 2019 AFSA Annual Meeting
Fraud- Government Investigations and Lessons Learned: Ohio Association of Public Treasurers Conference October 3, 2019
Class Action Basics: October 2019 Consumer Finance Compliance Conference
SCRA Basics: October 2019 Consumer Finance Compliance Conference
Service Member Civil Relief Act: April 2019: MBA Legal Issues and Regulatory Compliance Conference
SCRA Basics: October 2018 Consumer Finance Compliance Conference