Christopher I. Brain


Professional Experience

Chris, a co-founder of Tousley Brain Stephens PLLC, focuses his practice on complex real property, commercial and class action litigation. He has handled litigation regarding purchase agreement disputes; specific performance and foreclosure actions; restrictive use covenants and construction; ownership and management of closely held businesses including complaints of fiduciary breach; disputes by and among partners or shareholders in closely held entities; and employment issues related to restrictive covenants. Chris also has served as an arbitrator on numerous commercial cases, through both private selection and as an AAA arbitrator, and as a private mediator. He personally and with partners has participated in a number of real estate development projects.

Representative Matters
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  • Real Estate, Land Use, and Construction Litigation

    Tried and argued Riss v. Angel, 131 Wn.2d 612 (1997), lead decision by Washington Supreme Court dealing with scope of restrictive covenants relating to use of real property and duties and responsibilities of homeowners association.

    Tried numerous cases relating to the sale, lease, and acquisition of commercial/retail real properties including specific performance and damages claims.

    Tried numerous cases regarding the respective rights of parties related to the use of commercial easement for ingress and egress.

    Tried numerous cases regarding restrictive covenants in both residential construction as well as commercial and lease restrictions.

    Tried and argued the first declaratory judgment action in the state of Mississippi related to a corporation owned by two national proprietary health care companies. The case involved the respective rights of owners and managers, and included claims related to mergers and acquisitions.

    Defended borrowers and guarantors on commercial loans and loan guarantees.


  • Commercial and Business Litigation

    Tried Perry v. Moran, 109 Wn.2d 691 (1987) and 111 Wn.2d 885 (1989), lead case decided by Washington Supreme Court related to enforcement of employment restrictive covenants.

    Handled numerous cases on behalf of employees and employers regarding restrictive covenants.

    Tried and consulted on disputes by or among partners or shareholders of closely held entities.

  • Class Action Litigation

    As co-lead class counsel In Re Louisiana Pacific, litigated and negotiated settlement of one of the largest national construction products defect cases relating to LP Inner Seal exterior siding. Over $700 million was paid to claimants.

    As co-lead class counsel In Re Williams v. Weyerhaeuser, litigated and negotiated settlement of national class action related to Weyerhaeuser hard board exterior siding products, a $200 million settlement. 

  • Publications & Presentations

    Author and Speaker: Advanced Real Estate Purchase and Sales Conference, Enforcement, Real Estate Purchase and Sales, Law Seminars International (1998-2018)

    Author and Speaker: Commercial Real Estate Leases – Commercial Lease Remedies, Law Seminar International (2008-2017)

    Author, Speaker and Program Co-Chair: Development Agreements, Easements and CCR’s – Litigation of Disputes Over Easements and CCR’s, Law Seminars International (2006-2015)

    Author, Speaker and Program Co-Chair: Commercial Real Estate Workouts and Remedies, Law Seminars International (2008-2010)

    Speaker: Innovative Strategies for Litigating Class Actions, Settlement Strategies and Issues, Law Seminars International (2008-2009)

    Author, Speaker and Program Co-Chair: WSBA Real Estate Boot Camp, Washington State Bar Association (2008)

    Instructor: University of Washington Certified Program in Commercial Real Estate (1998-2018)

    Author and Speaker: Commercial Litigation Posturing in Real Estate Cases, King County Bar Association

    Author and Speaker: Judicial Foreclosure, King County Bar Association


  • J.D., Willamette University College of Law
  • B.A., University of Washington


  • Washington
  • U.S. District Court for the Eastern District of Washington
  • U.S. District Court for the Western District of Washington
  • U.S. District Court for the District of Oregon

Professional Recognition

  • Repeatedly recognized as a top 100 "Super Lawyer" in Washington Law & Politics magazine
  • Designated as one of the 100 Best Lawyers in Washington by Seattle magazine
  • Designated as one of The Best Lawyers in America in Commercial Litigation and Real Estate Law by Best Lawyers®
  • AV-Peer Review™ Rated in Martindale-Hubbell®

Professional and Community Involvement

  • Washington State Bar Association (Trial Practice and Real Property Sections)
  • American Arbitration Association – Arbitrator
  • American Trial Lawyers Association
  • ADR Roundtable
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    Kevin is a great fit for the issue he helped with and continues to help with. We have followed him from another firm to TBS and have worked with him for 10 years now...I appreciate Kevin and what he continues to do to assist us....

    Leif Langlois Contact Us
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    Chase - You have saved me tens of thousands of dollars over what I could have obtained had I tried to handle the matter myself. With hundreds of thousands of dollars at stake you were worth every penny of your most reasonable fee....

    Stanley R. Byrd Contact Us
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    Kim is by far one of the BEST litigators around! You can always expect big results from him and his law firm....

    Noah Wick, M.A. Contact Us