Brian D. Cunningham


Snell & Wilmer L.L.P
Gateway Tower West
15 West South Temple
Salt Lake City, UT 84101-1547

Tel: 801.257.1954


Brian Cunningham is a partner in the firm’s commercial finance group. His practice is concentrated in representing financial institutions and other parties in negotiating, structuring and documenting secured and unsecured commercial and real estate loans, loan syndications and participations, asset-based lending, factoring, Section 7a and Section 504 SBA lending, trade finance and letters of credit, loan portfolio acquisitions and financing, problem loan workouts and restructuring, debtor-in-possession financings, liquidations and foreclosures, and banking regulation and governance. His practice also includes extensive experience in inter-creditor relationships, title insurance, lender liability and general UCC and commercial law matters.

His experience encompasses unique collateral types including tenant-in-common §1031 exchange properties, build to suit loans to §1031 exchange accommodators, intellectual property, railroad rolling stock, aircraft, helicopters, timeshare interests, low income housing tax credits, new market tax credits and state and federal historic preservation tax credits, etc. Experience also includes a wide variety of third party legal opinions including HUD opinions, Article 9 personal property opinions, non-consolidation and true sale opinions.

Regulatory changes, fluctuating economic markets and evolving technologies pose frequent challenges and opportunities to lenders and borrowers. Companies and individuals engaged in commercial finance transactions often need sophisticated strategies and guidance to negotiate efficient financial arrangements that safeguard their interests and relationships.

Snell & Wilmer’s commercial finance practice is recognized as one of the premier lending practices in the western United States: 20 of the nation’s top 25 institutional lenders rely on our commercial finance attorneys to manage their most important customers and transactions. Our attorneys offer a comprehensive range of commercial finance services, including transaction structuring advice, document production, due diligence assistance, transaction facilitation, project management services and post-closing services. While the types of commercial finance projects we handle often vary in size, complexity and prominence, our attorneys approach every commercial finance matter with strategies and solutions tailored to fit the needs and goals of each of our clients.

At Snell & Wilmer, we recognize one straightforward fact – our clients care less about our internal workings and more about the degree to which we understand their business, their industry, and the trends and challenges that can affect their ability to minimize risk and maximize success. This strong external focus and the diverse experience of more than 450 attorneys enable us to help clients solve problems, achieve opportunities and deal efficiently and effectively with an ever-changing economic, business and legal landscape.

Snell & Wilmer is organized into more than five dozen practice areas, so that clients have easy access to attorney skills and knowledge specific to a particular business and industry. Yet many businesses face legal issues that require cross-practice experience. We have the resources to build teams of attorneys from different practice areas and locations who can work together seamlessly to solve the most complex legal challenges.

Central to any business is the desire to decrease expense and drive revenue. When dealing with legal matters that involve proprietary business information, trust between the client and our firm is paramount. Snell & Wilmer provides creative yet practical client-specific solutions. Professional integrity and fast response to client needs guide our interactions. In short, we work with clients in ways that are both personal and professional – ways that engender mutual trust and pave the way for successful outcomes.