Brian W. McGrath

Retired Partner


Brian McGrath is a retired partner with Foley & Lardner LLP, where he focused on commercial litigation, dealership law and real estate litigation. He is a former chairperson of the Milwaukee Litigation Department. He was a member and former group chair of the firm's Distribution & Franchise Practice. He was also a member of the Food & Beverage, Health Care and Automotive Industry Teams.

Along with several other Foley attorneys, Mr. McGrath created a 50-state computerized database that has been trademarked as NationLink and which the firm uses to advise clients on a nationwide basis regarding the law relating to dealership terminations and related issues. Along with other members of the firm’s Distribution and Franchise Practice, Mr. McGrath co-authored the CCH Treatise entitled "Product Distribution Law Guide."

Mr. McGrath is a graduate of Harvard Law School (J.D., 1982). He earned his bachelor’s degree from the University of Wisconsin – Milwaukee in 1979. Mr. McGrath is a member of the State Bar of Wisconsin and is admitted to practice in a number of federal district and appellate courts throughout the country.

Mr. McGrath has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. He is also listed in Chambers USA: America's Leading Business Lawyers (2005-13) and was selected for inclusion in the 2007 – 2011 and 2014 Wisconsin Super Lawyers® lists. He has been selected by his peers for inclusion in the current edition of The Best Lawyers in America® in the area of commercial litigation, franchise law.

Mr. McGrath has litigated numerous dealership cases all over the country and has spoken and wrote on several dealership and real estate litigation topics. Among the topics on which he has written or spoken are the following:

  • "Best Practices in Drafting and Using Dealer Agreements"
  • "Noncompete Agreements in Distribution Relationships"
  • "The Termination Decision: You Make the Call"
  • "State ‘Dealer Laws’ – Who Is a Dealer and How Do These Laws Impact Contract Rights"
  • "Wisconsin Eviction Process – A Timeline"
  • "Common Issues in Wisconsin Foreclosures"