Brian P. Henry

Phone: 

(941) 684-0100

Fax: 

(941) 684-0109

Areas of Practice

  • Property & Casualty Defense
  • Product Liability
  • Fire Science Litigation
  • Bad Faith Litigation
  • Insurance Coverage
  • Expert Preclusion



Education

University of Arkansas,
Juris Doctorate, cum laude, 1999

Mr. Henry completed law school ranked in the top fifteen percent in his class, serving as Research Editor of the Arkansas Law Review and as a member of the school’s traveling Moot Court team. 

Henderson State University,
Bachelor of Arts in Political Science, Honors Program Graduate, 1996



Admitted to Practice

United States District Courts:

  • Northern District of Florida
  • Middle District of Florida
  • Southern District of Florida
  • Northern District of New York
  • Southern District of New York
  • Eastern District of New York
  • Western District of New York
  • District of Connecticut
  • District of Massachusetts
  • Western District of Wisconsin
  • Eastern District of Wisconsin
  • Eastern District of Michigan
  • District of Maryland

State Courts:

  • Florida
  • Connecticut
  • Massachusetts



Brian joined Smith, Rolfes & Skavdahl in 2011, and serves the firm’s clients from our Florida offices. Brian has significant litigation and trial experience in the areas of fire science, insurance, product liability, and bad faith litigation. That experience includes more than two dozen jury trials, dozens of arbitrations and mediations, and countless depositions and Examinations Under Oath. He is also highly proficient in expert preclusion issues, having handled nearly fifty Daubert-type challenges in fifteen states. His legal practice has spanned the entire United States, having served as national trial and coordinating counsel to multiple clients, including a Fortune 500 international insurer and a product manufacturer. Brian is one of only a handful of attorneys in the United States to achieve the Certified Fire and Explosion Investigator designation from the National Association of Fire Investigators, and he is a frequent guest lecturer at seminars across the country on fire science, insurance, product liability, subrogation, and expert preclusion issues.

Sarasota, FL

1605 Main Street
Suite 1106
Sarasota, Florida 34236
(941) 684-0100
(941) 684-0109

Additional Locations

  • Orlando, FL

Notable Experience

PUBLICATIONS

  • “Ensuring the Professional and Financial Well-Being of the Expert Witness,” (2011), published online with IMS Expert Services’ Expert Library
  • “Expert Report Writing: Best Practices for Producing Quality Reports,” (2011), published in Fire and Arson Investigator Magazine
  • “The Testifying Expert,” (2007), published in Fire Findings
  • “The Moral Watchdogs Ride Again: The Arkansas Supreme Court Condemns an All-American Pastime,” 52 Ark. L. Rev. 453 (1999)

PRESENTATIONS

  • “Expert Report Writing: Preparation of Comprehensive Expert Reports,” (2012), presented at Insurance Committee for Arson Control Annual Conference, Las Vegas, Nevada
  • “Comprehensive Retention Agreements: Protecting the Professional & Financial Well-Being of the Expert Witness,” (2012), presented at Insurance Committee for Arson Control Annual Conference, Las Vegas, Nevada
  • “The Daubert Disaster: Unintended Consequences Affecting Insurers,” (2011), presented at National Association of Subrogation Professionals Annual Conference, Orlando, Florida
  • “NFPA 1033 and Developments in Daubert Litigation,” (2011), presented at National Association of Subrogation Professionals New England Chapter Conference, Hartford, Connecticut
  • “Selecting & Utilizing Fire Experts,” (2011), presented at National Association of Fire Investigators Fire Litigation Skills Conference, Sarasota, Florida
  • “Supervising the Arson Case,” (2011), presented at Travelers Insurance Claim University, Windsor, Connecticut
  • “Daubert Standards for Expert Witness Testimony: Effective Strategies for Bringing and Defending Daubert Challenges,” (2011), presented through Strafford Webinar Publications, Hartford, Connecticut
  • “Optimizing Subrogation Recovery: Tips & Tactics,” (2010), presented at Unified Investigations & Sciences’ Fire & Forensics Seminar for the Insurance Industry, Sturbridge, Massachusetts
  • “Expert Report Writing: Best Practices for Producing Quality Reports,” (2010), presented at International Symposium on Fire Investigation Science and Technology, Baltimore, Maryland
  • “Factors Impacting Expert Testimony by Fire Investigators, (2010), presented at National Association of State Fire Marshals Annual Conference, Chicago, Illinois
  • “Fire Science Experts: A Litigation Partnership,” (2010), presented at National Association of Fire Investigators Fire Litigation Skills Conference, Sarasota, Florida
  • “Protecting the Financial and Reputational Interests of the Expert Witness,” (2010), presented at International Association of Arson Investigators (Florida Chapter) Annual Conference, Orlando, Florida
  • “The Daubert Disaster: Unintended Consequences Affecting Expert Witnesses,” (2010), presented at International Symposium on Fire Investigation Science and Technology, Baltimore, Maryland
  • “Comparative Subrogation: An Analysis of the Subrogation Systems of The United States and the United Kingdom,” (2009), presented at Hartford, Connecticut
  • “Defending Your Product in Litigation,” (2008), presented at University of Wisconsin Products Liability Seminar, Madison, Wisconsin
  • “Fire Science Litigation: Experts, Attorneys, & the Clients Who Love Them,” (2008), presented at Fort Lee, New Jersey
  • “Federal Court Reports: Philosophy & Requirements,” (2008), presented at Windsor, Connecticut
  • “Fire Science Litigation: Putting Your Best Case Forward,” (2008), presented at Chilworth Laboratories Seminar, Princeton, New Jersey
  • “Preparation, Proof, and Presentation: Assisting the Testifying Expert,” (2008), presented at International Association of Arson Investigators Annual Conference, Victoria, Canada
  • “Spoliation of Evidence,” (2008), presented at University of Wisconsin Fire Liability Seminar, Madison, Wisconsin
  • “Selecting & Utilizing Fire Science Experts,” (2007 & 2004), presented at National Association of Fire Investigators Fire Litigation Skills Conference, Sarasota, Florida
  • “Fire Science Litigation 101: How to Avoid Getting Burned in Litigation,” (2007), presented at Hartford, Connecticut
  • “Litigating Fire Claims,” (2007), presented at Fire Findings Laboratories Conference, Benton Harbor, Michigan
  • “Avoiding Objections: Utilizing Demonstrative Evidence,” (2006), presented at DRI Fire & Casualty Seminar, Chicago, Illinois
  • “National Multi-District Subrogation Litigation,” (2004), presented at National Association of Subrogation Professionals Annual Conference, Orlando, Florida

MEMBERSHIPS

  • Florida Bar Association
  • Connecticut Bar Association
  • Florida Defense Lawyers Association
  • National Association of Subrogation Professionals
  • National Association of Fire Investigators
  • National Society of Professional Insurance Investigators
  • International Association of Arson Investigators
  • Rotary International / Rotary Club of Hartford, Connecticut (President 2010-11)
  • American Mensa Society

RECOGNITIONS

  • Named to Hartford’s “Top 40 Professionals Under 40,” (2010)
  • Named as Connecticut “Rising Star” by SuperLawyers (2010, 2011, 2012)
  • Named as New England “Rising Star” by SuperLawyers (2010, 2011, 2012)
  • Certified Fire and Explosion Investigator (2006 to present)