- New Hampshire
- Massachusetts
- New York
- New Jersey
- Second Circuit Court of Appeals
- Third Circuit Court of Appeals
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the District of New Jersey
Brian has extensive experience in a broad range of complex education and employment matters throughout the country, including in state and federal courts, in alternative resolution processes, and before various administrative agencies.
Brian focuses his practice on understanding and serving the needs of independent day and boarding schools, colleges and universities, and early child care programs. Brian partners with many of the country’s leading independent schools to provide comprehensive advice on all aspects of school operations, including establishing new schools, student and parent issues, employment matters, school governance and leadership, and general risk management. He works closely with board chairs, heads of schools, financial officers, and other senior leadership members in tackling complex matters affecting school communities.
Brian advises clients on the full spectrum of student- and parent-related issues, including crisis management and student safety, disciplinary matters, responding to and investigating student interpersonal misconduct, accommodating applicants and students with disabilities, handling complex student mental health matters, supporting transgender, gender non-conforming, and other LGTBQ students on campus, and managing challenging parental comportment issues. In the employment context, Brian guides clients with respect to issues involving hiring and on-boarding employees, wage-and-hour compliance, establishing and maintaining appropriate professional boundaries, performance management, and risky terminations. Brian also assists clients with the myriad compliance documents such as enrollment agreements, offer letters and employment agreements, student/parent handbooks, employee and faculty handbooks, trip permission and release forms, student health audits, separation and settlement agreements, and drafting various additional policies and authorizations.
Brian routinely travels to schools, professional development seminars, and school conferences nationwide to speak and provide training and workshops for faculty, staff, and senior leadership. Brian similarly works with institutions and organizations on robust and interactive virtual programs. Brian facilitates trainings on topics including establishing and maintaining healthy and appropriate boundaries, child abuse and neglect reporting, conducting thorough investigations into student and employee misconduct, operating safe school campuses, and other issues unique to the private school setting. He has extensive experience guiding investigations of and responses to allegations of sexual abuse and other sexual misconduct allegations.
Prior to joining the firm, Brian was a partner at a boutique law firm handling education and employment matters, and an associate at Sheppard, Mullin, Richter & Hampton LLP’s Manhattan office. Prior to becoming an attorney, Brian worked for five years as a center and masters’ program coordinator at Harvard’s Kennedy School of Government and Graduate School of Education.
Brian received his J.D. from Fordham University School of Law, his M.A. in Higher Education from Boston College, and his B.A. in History from Boston College.
Admissions
Involvement
- Children’s Museum of New Hampshire, Board of Trustees
Presentations
- Student Handbooks: Essential Updates for the New School Year (webinar for McLane Middleton, 5/4/22)
- Offer Letters and Contracts: Considerations for Independent Schools During the Hiring Season (webinar for McLane Middleton, 2/17/22)
Recognitions
Massachusetts Super Lawyers (Schools & Education)
Events
- Employment Agreements: Considerations for Independent Schools During the Hiring Season (January 31, 2024)
- Privacy of Personal Information: Compliance for Independent Schools (March 5, 2024)
- Profiting from Name, Image, and Likeness and its Impact on Independent Schools (October 25, 2023)
- Massachusetts Employment Law Update (October 19, 2023)
- An Employee Handbook Refresher Course for Independent Schools (April 17, 2024)
- Student Handbooks: Essential Updates for the New School Year (March 27, 2024)
- An Employer’s 2023 To-Do List (January 24, 2023)
- Let’s Talk About It: New Hampshire’s Transgender School Athletics Law & Impact on Independent Schools (December 10, 2024)
- Admitting and Accommodating Students with Disabilities (November 29, 2023)
- Crafting the Right Enrollment Agreement for Your School (November 6, 2024)
Latest News
- Brian Garrett Named a Go To Higher Education Lawyer by Massachusetts Lawyers Weekly (October 29, 2024)
- Brian Garrett to Present at the Enrollment Management Association’s 2024 Enrollment Leadership Council Seminar Series (April 18, 2024)
- Client Alert: DonorPerfect Data Breach (March 6, 2024)
- Attorneys Brian Garret & Linda Johnson to Present at this Year’s NBOA and NAIS Conferences (February 23, 2024)
- Brian Garrett to Present at the 2024 AISNE Heads Retreat & Annual Meeting (January 16, 2024)
- McLane Middleton Elects Laura Dodge and Brian Garrett as Directors (January 2, 2024)
- Brian Garrett and Linda Johnson to Present at this Year’s TABS Conference (November 16, 2023)
- 37 McLane Middleton Lawyers Included in Super Lawyers (October 17, 2023)
- Attorney Brian Garrett to Present on a Workshop Entitled, “Admission Audits: The Who, What, Where, When, Why, and How,” sponsored by AISNE (August 15, 2023)
- Brian Garrett to Present on a Webinar Entitled, “The Supreme Court’s Ruling on Affirmative Action: What’s Next for Independent Schools” (July 5, 2023)