Brian J. Donahoe

Brian Donahoe has a varied law practice mainly providing litigation services to clients throughout the region.  He is licensed in South Dakota, Minnesota and Iowa but practices in other states on individual cases when needed.  In addition to courtroom work and handling lawsuits, he counsels and represents clients on environmental and administrative matters, and is experienced in obtaining or defending operating permits for entities and individuals seeking to start or expand business and farm operations in rural and urban areas.

Brian has particular expertise and experience in railroad law, from defending railroads in administrative claims and lawsuits to specialized work before the Surface Transportation Board.  He has handled equipment financing for railcars and locomotives and is able to assist in transactions or leases involving track or trackage rights.  Personal injury lawsuits involving the Federal Employers’ Liability Act and grade crossing defense cases are a large part of his practice.

Brian has broad experience in commercial litigation, including intellectual property law and patent infringement work.  He has handled employment law cases and discrimination claims throughout the region.  Complex and novel cases are a part of his regular practice.

Getting to know a client and his or her individual situation or operations is critical to any legal representation, and Brian ensures that takes place for each client and case.  He seeks appropriate solutions with an emphasis on success in both outcome and efficiency.

Before becoming an attorney, Brian worked for a construction and land development company in the suburban Boston, Massachusetts area.  He returned to South Dakota to pursue a legal career. Upon graduation from the University of South Dakota School of Law, Brian worked as a law clerk for the Honorable John B. Jones, U.S. District Judge in Sioux Falls.  He completed that clerkship in 1995 and began private practice in Sioux Falls, later joining Richard and Kent Cutler in forming Cutler & Donahoe, LLP, in January of 1997.

Throughout the years, Brian has been active in the legal community and the community at large.  He has been a speaker at national meetings of legal counsel for railroads and has been recognized by his peers with several accolades.  He and his wife reside in rural Brandon, South Dakota and have three children.