Brian focuses on providing his clients with superior legal services, strategic thinking and a results-driven approach, while offering practical solutions to their most difficult problems.
He counsels both plaintiffs and defendants on issues and disputes in the areas of banking/financial services, real estate, construction, energy/oil and gas, mortgage lending, healthcare, insurance, franchisor/franchisee, intellectual property, consumer finance, landlord/tenant disputes, securities litigation, workouts and employment. Brian also represents both creditors and debtors in Chapter 7 and Chapter 11 bankruptcy proceedings and has experience in bankruptcy-related litigation.
Brian provides legal counsel in all aspects of the litigation process and regularly practices in both federal and state courts in Texas and across the country. He has also successfully handled appeals in multiple courts of appeals, as well as the Texas Supreme Court. He has tried and resolved numerous matters through trial, as well as alternative disputes procedures, including arbitration and mediation.
Recent Notable Matters
National debt collection agency — obtained $4 million jury verdict in Collin County against former employees and their subsequent employer for breach of contract, tortious interference and misappropriation of trade secrets
Owner/operator — obtained complete plaintiff’s jury verdict as lead counsel in favor of client relating to dispute over purchase of nursing home facility and earnest money in connection with same
Group of homeowners — obtained $1.5 million arbitration award following three-day AAA arbitration hearing for clients against builder and individual owners of building company for construction defects, fraud, and violations of the DTPA, including award of treble damages
National financial services company — obtained complete defense jury verdict in favor of client against claims of breach of contract, quantum meruit and fraud relating to marketing business dispute
National printing company — obtained defense jury verdict in favor of client relating to claims of breach of contract, tortious interference and fraud relating to UCC Article 2 purchase order dispute
National banking association — obtained favorable eight-figure ruling in favor of the client in bankruptcy adversary proceeding in connection with claims over lien priority of oil and gas assets in Texas and Oklahoma
National financial services company — defended the client as lead counsel before National Arbitration Forum against claims for breach of contract, conversion and wrongful foreclosure
National bank — successfully represented the client as lead counsel in putative class action arising under the ADA
Group of 35 skilled nursing facilities — lead counsel in lawsuit seeking declaratory judgment that pharmacy services agreements were void and unenforceable due to violations of the Federal Anti-Kickback by institutional pharmacy provider
Lender — obtained temporary restraining order, temporary injunction, sequestration and $4.5 million judgment for client in case dealing with claims for breach of contract and fraud relating to financing of luxury automobiles
National banking association — obtained summary judgment on behalf of client for $2.9 million against guarantors of real estate loan
National banking association — obtained judgments of $1.5 million and $1.75 million, respectively, on behalf of client against guarantors of real estate loan
National banking association — obtained summary judgment on behalf of client for almost $1 million against guarantors of real estate loan
Institutional investor — obtained favorable settlement on behalf of clients in partnership dispute relating to Low Income Housing Tax Credit (LIHTC) facilities
National banking association — conducted numerous non-judicial foreclosure sales of commercial real estate properties totaling more than $250 million in sales proceeds
Condominium developer — successfully represented client in various lawsuits dealing with claims arising under the Interstate Land Sales and Full Disclosure Act
Fortune 500 IT services provider — successfully represented client in dispute relating to multi-million dollar hospital/healthcare IT services relationship
Multiple national insurers — successfully represented clients in life, health and disability litigation, including bad faith claims and ERISA matters
Multiple national and community banks — successfully obtained multiple temporary restraining order and temporary injunctions in commercial and employment-related litigation
Public healthcare company — successfully represented client as lead counsel in dispute over defective backup software delivered by IT service provider
National natural gas/propane provider — successfully represented client as lead counsel in various real estate disputes
Sub-prime automotive lender — successfully represented client in dispute over post-closing valuation issues arising under stock purchase agreement, including successful defense of appeals to the Dallas Court of Appeals and Texas Supreme Court relating to issues of arbitrability
National seafood chain — represented client as debtor’s counsel in successful Chapter 11 reorganization
CEO and Chairman of public company — successfully represented against claims brought by Texas Attorney General
Publications and Speeches
"Priority Pitfalls of Mineral Lien Waivers: A Recent Bankruptcy Ruling Has Far-Reaching Implications for Texas Mineral Lien Law," 13 Texas Journal of Oil, Gas, and Energy Law 179, 2018.
"Mineral Liens Can Be Contractually Waived In Texas," Law360, August 4, 2017
"Tips to Prepare New Associates for Their First Trial," Dallas Bar Association Headnotes, March 2017.