Brian T. Fahl
Brian finds creative solutions for clients who find themselves in unwanted situations. He has extensive experience helping clients charged with crimes or facing aggressive civil litigation. He combines an extensive motions practice with level headed negotiation skills to leverage favorable settlements for his clients. And when a case cannot be settled, Brian is an experienced trial lawyer. Brian is also a well-regarded appellate lawyer who teaches appellate advocacy as an adjunct professor at Marquette University Law School. Brian has handled appeals in both state and federal court including cases before the Wisconsin Supreme Court and the United States Supreme Court.
PRACTICE AREAS
• Administrative, Licensing, and Regulatory Matters
• Appellate Practice
• Business and Commercial Litigation
• Employment Law
• Environmental Litigation
• Intellectual Property Litigation
• White Collar Criminal Defense
EXPERIENCE SUMMARY
Brian focuses his practice on white collar criminal defense, regulatory compliance, complex civil litigation and appeals. He began his career as an associate federal public defender, representing clients charged with drug crimes, firearms offenses, sex crimes, bank fraud, money laundering, and immigration crimes.
In over ten years of practice, Brian has developed an expertise in complex litigation. He has represented clients charged with violating FDA regulations, foreign nationals and United States citizens charged with violating international trade regulations, an apartment owner charged with a knowing violation of the Clean Air Act surrounding a heating contractor’s removal of asbestos from a client’s apartment complex, and clients charged with criminal copyright infringement based upon violations of software licensing agreements.
While most cases never go to trial, Brian has significant courtroom experience, both litigating motions and bringing cases to trial.
Brian also has a renowned appellate practice, appearing regularly before the Court of Appeals for the Seventh Circuit and teaching appellate writing and advocacy as an adjunct professor at Marquette University Law School. Brian was involved with two cases before the United States Supreme Court: the landmark case United States v. Booker, and Logan v. United States.
AWARDS & DISTINCTIONS
• Selected, The Best Lawyers in America®, 2025, Commercial Litigation and Criminal Defense: White-Collar
• Selected, “Rising Star” by Wisconsin Super Lawyers® for 2008-2009
PUBLISHED WORKS & PRESENTATIONS
• Seventh Circuit Criminal Law Update – Seventh Circuit Practice Seminar – 2009
• Sentencing Law After Booker – Eastern District of Wisconsin Bar Association Annual Meeting – 2006
• United States v. Booker: What Happened, What Happens Next And What to Do – Sentencing Updates – 2005
• Blakely v. Washington: What Happened, What Happens Next And What to Do – Sentencing Updates – 2004
REPORTED DECISIONS
• Logan v. United States, 552 U.S. 23 (2007)
• United States v. Booker, 543 U.S. 220 (2005)
• United States v. White, 737 F.3d 1121 (7th Cir. 2013)
• United States v. Gladney, 721 F.3d 828 (7th Cir. 2013)
• United States v. Scanlan, 667 F.3d 896 (7th Cir. 2012)
• United States v. Kendrick, 647 F.3d 732 (7th Cir. 2011)
• United States v. Phillips, 645 F.3d 839 (7th Cir. 2011)
• United States v. West, 628 F.3d 425 (7th Cir. 2010)
• United States v. Lewis, 608 F.3d 996 (7th Cir. 2010)
• United States v. Tatum, 548 F.3d 584 (7th Cir. 2008)
• United States v. Paul, 542 F.3d 596 (7th Cir. 2008)
• United States v. Mixon, 457 F.3d 615 (7th Cir. 2006)
• United States v. Peters, 462 F.3d 716 (7th Cir. 2006)
• United States v. Andrews, 469 F.3d 1113 (7th Cir. 2006)
• United States v. Rodriguez-Rodriguez, 453 F.3d 458 (7th Cir. 2006)
• Dunlap v. Hepp, 436 F.3d 739 (7th Cir. 2006)
• Hampton v. Schwochert, 2013 WL 74367 (Jan. 4, 2013)
• United States v. Flath, 845 F.Supp.2d 951 (2012)
• United States v. Fuchs, 2012 WL 2160584 (May 2, 2012)
• United States v. Young, 2005 WL 1138384 (May 12, 2005)
BAR ADMISSIONS
• Wisconsin
• U.S. Supreme Court
• U.S. Court of Appeals for the Seventh Circuit
• U.S. District Court, Eastern District of Wisconsin
• U.S. District Court, Western District of Wisconsin
EDUCATION
• Rutgers University School of Law / J.D., 2002
• University of Wisconsin-Milwaukee / B.A., 1993
• Marquette University High School / 1988
ACADEMIC POSITIONS
• Adjunct Professor, Marquette University Law School, 2012-present
PROFESSIONAL MEMBERSHIPS
• American Bar Association
• State Bar of Wisconsin
• Milwaukee Bar Association
• Eastern District of Wisconsin Bar Association
PROFESSIONAL POSITIONS
• Former Associate Federal Public Defender with Federal Defender Services of Wisconsin
• Founder/Owner, Fahl Law Office, LLC
• Law Clerk to Hon. Aaron E. Goodstein, U.S. District Court for the Eastern District of Wisconsin, 2002-2004
COMMUNITY INVOLVEMENT
• Former Associate Federal Public Defender with Federal Defender Services of Wisconsin
• Founder/Owner, Fahl Law Office, LLC
• Law Clerk to Hon. Aaron E. Goodstein, U.S. District Court for the Eastern District of Wisconsin, 2002-2004