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Brian P. Stern

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Brian P. Stern
Associate Justice, Rhode Island Superior Court
Assumed office
August 21, 2009
Appointed byGovernor Donald L. Carcieri
Personal details
EducationClark University (B.A. 1988), Brooklyn Law School (J.D. 1991)

Brian P. Stern is an American judge who has been serving on the Rhode Island Superior Court since August 2009. Since 2011, he has been assigned to the Business Calendar, a business court program in the Superior Court, where he has rendered significant rulings and initiated the creation of a program to help businesses economically survive during the COVID-19 pandemic.

Judicial service

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In 2009, Rhode Island Governor Donald L. Carcieri nominated Stern for a lifetime appointment to serve as an associate justice on Rhode Island's Superior Court.[1][2] The Superior court is a trial level court with general jurisdiction over criminal felony matters, and civil cases where the amount in controversy exceeds $10,000 or the claims are brought in equity.[3][4]

Stern was appointed to the Superior Court's Business Calendar in 2011, and remains a Business Calendar judge (as of 2024).[5] He became the senior Business Calendar judge in 2019, upon the retirement of Associate Justice Michael A. Silverstein.[6] The Business Calendar is a specialized business court program within the Superior Court, created by administrative order in 2001 by Presiding Justice Joseph F. Rogers, Jr., and shaped by Rogers and Silverstein. It is designed to handle complex business and commercial litigation, as well as business insolvencies. It is one of the oldest business court programs in the United States.[7][8][9]

In 2020, in the face of the COVID-19 pandemic, Stern initiated the creation of a Business Calendar program known as "The Business Recovery Plan." This plan was created and designed to help businesses suffering from the pandemic's economic effects that were causing severe income losses and the inability to timely pay creditors. The plan utilized a non-liquidating receivership model to keep businesses afloat, providing an opportunity to work with creditors to stabilize their business until they could eventually generate income and pay creditors.[10][11] This recovery plan had an effect beyond Rhode Island. At a minimum, it inspired Philadelphia Judge Gary S. Glazer to implement a similar program in Philadelphia's Commerce Case Management Program, another American business court.[12]

Nationally, Stern is a director of the American College of Business Court Judges.[13][14]

Stern's notable cases include, among others: the 2017 murder trial of Christian Lepore[15][16]; an internal dispute among the family of Malcolm "Kim" Chace, at one time the wealthiest person in Rhode Island[17][18]; overseeing the receivership of the St. Joseph Hospital employee pension fund[10]; the dispute over building the Fane Tower in Providence, Rhode Island[19]; a suit by the parent company of the Houston Rockets basketball team for insurance coverage from FM Global during the COVID-19 pandemic[20]; the liquidation of the Central Coventry Fire District[21]; the state's demands for over $15 million in medical payments from Prospect Medical Holdings[22]; and the receivership and sale of Westerly Hospital, which was recognized as a Deal of the Year.[23][24]

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From 1991 to 1998, Stern was in the private practice of law in New York, first with the firm of Kanterman, Taub & Breitner and then at Stern & Gonzalez, of which he was a founding partner. From 1998 to 2002, Stern served in Rhode Island's Department of Business Regulation as its Chief Securities Examiner and also as Deputy Chief of Legal Services. From 2002 to 2006, he was the Executive Director and Chief Legal Officer for the Rhode Island Department of Administration. Stern prosecuted securities fraud, insider trading, banking and insurance cases in representing Rhode Island.[1][2][25]

From 2006 to 2009, Stern was Chief of Staff to Rhode Island Governor Donald L. Carcieri. In that role, Stern's responsibilities included overseeing executive branch departments employing more than 13,000 people, being the governor's lead policy and political advisor, and serving as the governor's representative "in major labor, budget, legislative and federal-state matters."[1][2][25]

Education and service at educational institutions

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Stern received a Bachelor of Arts degree from Clark University in 1988, and Juris Doctor degree from Brooklyn Law School in 1991.[1]

In 2023, Stern was elected chairperson of the Roger Williams University School of Law Board of Directors,[14] where he is also an adjunct professor.[26]

Author

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Stern has authored numerous written legal opinions during his time as a judge.[27] In addition, he has authored or co-authored articles on legal subjects, both before and after his time as a judge, including, among others;

  • Rhode Island Legal Practice Meets Digital Transformation: A Call for Technological Competence[28]
  • If It’s Not Football, Don’t Bet on the GOAT: What Lawyers Should Expect Following the Crypto Crash[29]
  • An Introduction to the Business Calendar, the Business Recovery Program, and Virtual Hearings[30]
  • The Triage and Treatment of Healthcare Institutions in Distress: How to Involve State Regulators in Healthcare Bankruptcies and Receiverships[31]
  • Cyberbullying--An Age Old Problem, A New Generation[32]
  • Sour Grapes: Unrestrained Bid Protest Litigation in Rhode Island - Blue Cross & Blue Shield of Rhode Island v. Najarian[33]

Positions and honors

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Stern has held the following positions or received the following recognitions, among others;

  • Elected chairperson of the Roger Williams School of Law Board of Directors (2023)[14]
  • Director, American College of Business Court Judges[13]
  • Editorial Board, Rhode Island Bar Association[34]
  • Director, American Heart Association – Rhode Island Affiliate[26]
  • Fellow, Rhode Island Bar Foundation[26]
  • Oversaw receivership that ultimately resulted in a sale that The Merger & Acquisition Advisor recognized with its annual Turnaround Award as Deal of the Year[24][35]

References

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  1. ^ a b c d "Brian P. Stern | Institute for the Advancement of the American Legal System (IAALS)". iaals.du.edu. Retrieved 2024-08-12.
  2. ^ a b c "Judge Brian P. Stern". Trellis. Retrieved 2024-08-12.
  3. ^ Gibney, Presiding Justice Alice Bridget (May 2024). "Know Your Courts, Rhode Island Superior Court" (PDF).
  4. ^ "Rhode Island Department of State, Rhode Island Superior Court Associate Justice Brian P. Stern". opengov.sos.ri.gov. Retrieved 2024-08-12.
  5. ^ Gibney, Presiding Justice Alice Bridget (May 2, 2024). "State of Rhode Island, Superior Court, Administrative Order 2024-04" (PDF).
  6. ^ Jones, Lauren E. (July 2019). "Bar Association Committee Reports, Supreme Court Bench/Bar" (PDF). Rhode Island Bar Journal. 68 (1): 16.
  7. ^ Bodurtha, Harmony Conti; Shaghalian, Catherine A. (2018). "The Business Calendar: A Deeper Bench" (PDF). Rhode Island Bar Journal. 66 (5): 13–19.
  8. ^ Gibney, Presiding Justice Alice B. (July 29, 2011). "Rhode Island Superior Court, Administrative Order No. 2011-10" (PDF).
  9. ^ Dammann, Jens (2017). "Business Courts and Firm Performance" (PDF).
  10. ^ a b "Brian Stern: 20 Who Made a Difference in 2020". GoLocalProv.com. December 24, 2020.
  11. ^ "Superior Court initiates recovery program to protect viable businesses hit by COVID-19, News Advisory from the Rhode Island Judiciary" (PDF). March 31, 2020.
  12. ^ Arvedlund, Erin (2020-06-29). "Philly judge creates program to help small businesses reopen and negotiate with creditors". www.inquirer.com. Retrieved 2024-07-14.
  13. ^ a b "American College of Business Court Judges – Law & Economics Center". masonlec.org. Retrieved 2024-08-12.
  14. ^ a b c Rodrigues, Jill (February 13, 2023). "RWU Law Names Judge Brian Stern as Chair of Board of Directors | RWU Law". law.rwu.edu. Retrieved 2024-08-12.
  15. ^ Mulvaney, Katie. "Who's who in Rhode Island Superior Court: Get to know the judges". The Providence Journal. Retrieved 2024-08-12.
  16. ^ Mulvaney, Katie. "This bill would make it harder for defendants to waive a jury trial. Some say it goes too far". The Providence Journal. Retrieved 2024-08-12.
  17. ^ "3 Years in the Making: RI Billionaire v. Millionaire Family Legal Fight Opens on May 20". GoLocalProv. May 3, 2024.
  18. ^ Fitzpatrick, Edward (February 9, 2024). "Judge lets lawsuit involving one of R.I.'s richest families go to trial". BostonGlobe.com. Retrieved 2024-08-12.
  19. ^ "Judge Stern Issues Ruling on Fane Tower Litigation". GoLocalProv.com. December 8, 2020.
  20. ^ "Houston Rockets Lawsuit Against RI Insurer Is Playing Out in, Not on, a RI Court". GoLocalProv.com. October 14, 2020.
  21. ^ Writer, Staff. "RI Courts: Judge Stern orders Central Coventry Fire District liquidated". The Providence Journal. Retrieved 2024-08-13.
  22. ^ "Attorney General Neronha applauds RI Superior Court Justice Brian P. Stern's decision ordering Prospect Medical Holdings to pay $17M in unpaid bills | Rhode Island Attorney General's Office". riag.ri.gov. Retrieved 2024-08-12.
  23. ^ "Judge OKs New London hospital's $69 million acquisition". Hartford Business Journal. August 31, 2012. Retrieved 2024-08-12.
  24. ^ a b Pina, Tatiana. "Westerly Hospital restructuring receives national recognition". The Providence Journal. Retrieved 2024-08-12.
  25. ^ a b "Participant Biographies, University Research and the American Agenda, Clark University". November 13, 2008.
  26. ^ a b c "BRIAN P. STERN – Rhode Island Lawyers Weekly". 2013-09-12. Retrieved 2024-08-12.
  27. ^ "Rhode Island Judiciary, Superior Court Decisions and Orders". www.courts.ri.gov. Retrieved 2024-08-12.
  28. ^ Stern, Hon. Brian P.; Murphy, Brian (May 2024). "Rhode Island Legal Practice Meets Digital Transformation: A Call for Technological Competence". Rhode Island Bar Journal. 72 (6): 9.
  29. ^ Stern, Hon. Brian P.; Sasa, Jordan C. (January 2023). "If It's Not Football, Don't Bet on the GOAT: What Lawyers Should Expect Following the Crypto Crash" (PDF). Rhode Island Bar Journal. 71 (4): 7.
  30. ^ Stern, Hon. Brian P.; Frangomeni, Christopher P. (May 2020). "An Introduction to the Business Calendar, the Business Recovery Program, and Virtual Hearings" (PDF). Rhode Island Bar Journal: 3.
  31. ^ Stern, Hon. Brian P.; Fragomeni, Christopher J. (Winter 2017). "The Triage and Treatment of Healthcare Institutions in Distress: How to Involve State Regulators in Healthcare Bankruptcies and Receiverships". Roger Williams University Law Review. 22 (1).
  32. ^ Stern, Hon. Brian P.; Evans, Thomas (March 2011). "Cyberbullying--An Age Old Problem, A New Generation" (PDF). Rhode Island Bar Journal.
  33. ^ Stern, Brian P.; Majcher, Daniel W. (2005). "Sour Grapes: Unrestrained Bid Protest Litigation in Rhode Island - Blue Cross & Blue Shield of Rhode Island v. Najarian". Roger Williams University Law Review. 10 (3).
  34. ^ "Rhode Island Bar Association, Editorial Board" (PDF). Rhode Island Bar Journal: 2. May 2020.
  35. ^ "Sale of the Westerly Hospital lauded by national trade group". www.frlawri.com. Retrieved 2024-08-13.
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