Brian Stork’s business philosophy is simple – create value for clients by solving problems through diligent counseling and aggressive advocacy. He practices primarily in the Litigation and Construction sections of the Firm, with an emphasis in business litigation, construction disputes and contract formation, labor and employment law, catastrophic personal injury losses and real estate matters. Brian focuses on understanding his client’s respective businesses and forming long-term relationships.
- Business Litigation: Brian handles commercial litigation matters on behalf of start-ups and entrepreneurs, as well as medium and large businesses. These matters include contractual disputes, banking and financial services litigation, franchise disputes, business torts, commercial landlord-tenant disputes, injunctive relief and post-judgment collection actions.
- Construction Disputes: In conjunction with his business litigation practice, Brian has a special emphasis on representing companies in the construction industry. Brian has experience representing lenders, property owners, developers, sureties, design professionals, general contractors and various industry trades in disputes involving claims for breach of contract, defective design and construction, delay and impact damage disputes, warranty related issues, enforcement and defense of mechanic’s liens and bonds, and jobsite personal injury matters. Brian also frequently assists clients with contract formation and evaluation.
- Employment Matters: In addition to handling general commercial litigation matters, Brian has experience defending employers of all sizes in labor and employment disputes involving claims for sexual harassment, discrimination (age, race, gender, religion and national origin), retaliation, wage and hour claims and the application, analysis and enforcement of severance and non-compete agreements.
- Tort Litigation: Brian also has significant experience representing insurers and self-insured companies in a variety of tort-based litigation, with an emphasis in product liability claims, wrongful death actions, dram shop violations/liquor liability, premises liability disputes, professional malpractice and multi-party real estate fraud.
Brian is AV Rated by Martindale-Hubbell and from has been selected for the last five years by his peers for the Texas Super Lawyers list of Rising Stars published by Thomson Reuters, a designation given to lawyers under 40 who are viewed by their colleagues as preeminent in their respective practice areas. In 2018 and 2019, Brian was also named to the Super Lawyers Texas Rising Stars Up-and-Coming 100, a listing of the lawyers who ranked top of the list in the Texas Rising Stars nomination, research, and blue ribbon process.
- Represented a property developer of a large-scale multi-family development in defense of several lawsuits and the negotiation of various mechanic’s lien and payment related issues.
- Successfully prosecuted and defended numerous construction defect claims on behalf of developers, design professionals, general contractors and various industry trades.
- Prosecuted claims on behalf of a general contractor concerning large shopping center development and defended against alleged multi-million dollar delay damage counterclaims.
- Regularly prepares and defends against claims for mechanic’s liens, indemnity bonds, payment bonds and performance bonds.
- Defended a window and door manufacturer in connection various product liability and warranty related claims.
- Assisted clients with the review and preparation of construction contracts and related documents.
- Defended subcontractor and its principal on claims asserted by a surety in connection with numerous projects located throughout North Texas.
- Assisted client with evaluating WRAP insurance related products and options for large construction project involving numerous subcontractors.
- Defended property owners, general contractors and construction trades in claims related to jobsite injuries.
Employment and Trade Secrets Litigation
- Successfully defended a start-up logistics company in a hard-fought, five (5) day temporary injunction hearing designed to attempt to put the client out of business. After examining more than ten (10) witnesses, the parties reached an agreement with a favorable client outcome that resulted in the client being able to continue its operation and grow its business.
- Defended software service provider in a heavily litigated injunctive proceeding against claims related to the alleged violation of a non-compete agreement, tortious interference with contract, trade secret misappropriation, conversion and violation of the Texas Theft Liability Act. Resolved matter amicably for a nominal amount.
- Efficiently and economically negotiated several Fair Labor Standards Act (FLSA) claims prior to the applicable client being forced to make an appearance in the particular lawsuit.
- Resolved a retaliation claim for the alleged wrongful denial of leave under the Family Medical Leave Act (FMLA) for nuisance value prior to the parties being forced to undertake any written discovery.
- Negotiated a favorable settlement on behalf of a national multi-family property owner involving multiple discrimination claims based on age, sex and national origin for less than five percent (5%) of Plaintiffs’ claimed damages.
- Defeated an application for injunctive relief on behalf of a public relations and marketing firm, and negotiated a favorable walkaway settlement agreement
Financial Services Litigation
- Prosecuted claim on behalf of a regulatory agency, as a receiver on behalf of a failed bank, against seven former officers and directors for claims of negligence, gross negligence and breach of fiduciary duty, resulting in a settlement in excess of $2 million in favor of the regulatory agency. Obtained a dismissal of a case involving claims of breach of contract, fraudulent inducement, negligent misrepresentation and constructive trust on behalf of a large regional bank.
- Successfully defended a broker/dealer dispute involving a Financial Industry Regulatory Agency (FINRA) arbitration. Pursued collection actions on behalf of several large, regional banks
- Second-chaired an eleven (11) day jury trial in Dallas County, Texas involving manufacturing, design and marketing product defect claims against a national exercise equipment manufacturer/distributor wherein Plaintiff claimed $5 million in damages. Prior to trial, obtained a summary judgment on Plaintiff’s manufacturing and design defect claims. At trial, obtained a take-nothing verdict on behalf of manufacturer, wherein Co-Defendants were held liable for in excess of $2.1 million in damages.
- Facilitated a favorable settlement for less than five (5%) of the amount sought in damages by the opposing party on behalf of a leading property management company in reference to claims for breach of contract and breach of fiduciary duty involving 15+ apartment complexes located in the Dallas and Houston markets.
- Obtained a summary judgment in the United States District Court for the Middle District of Louisiana on behalf of landlord involving the breach of a commercial lease with more than $1.5 million in dispute.
- Second-chair bench trial in Dallas County, wherein, Plaintiff claimed a lifetime disability and inability to work going forward.
- Obtained a federal court preliminary injunction for a national casual dining franchisor against eleven (11) franchisees located in California, Oregon and Washington who were impermissibly using the franchisor’s trademarks and had failed to pay a substantial amount of royalties and other fees owed under the parties’ franchise agreements. Successfully represented numerous collection agencies against unfair debt collection claims brought under the Federal Debt Collection Practices Act, Texas Debt Collection Act and Fair Credit Reporting Act.
- Obtained a summary judgment dismissing all claims with prejudice against a non-profit organization involving allegations of negligence, assault and hazing with more than $1 million at issue.
- Analysis of Indemnity Agreements
- Guide to Texas Mechanic’s Liens
- Removal of a Case to Federal Court
- Investigating and Defending a Dram Shop Claim
- Can Employers Prohibit Employees From Discussing Their Salaries?
- Cat’s Paw Theory – Expanding Employer Liability for Discriminatory Acts
- Co-author of Penn State Fallout: Actions Employers Should Take When Confronted with Suspicious Activity
- Texas Insurance Law Update-Is the Duty to Indemnify Dependent on the Duty to Defend?
- The New Consumer Product Safety Commission Public Database: Product Safety or Lawyer Bonanza?
- Co-presenter of Internal Investigations of Employee Misconduct
- American Bar Association
- State Bar of Texas (Litigation and Construction Sections)
- Dallas Bar Association (Business Litigation and Construction Sections)
- Defense Research Institute (DRI)
- Texas Association of Defense Counsel
- Mary Immaculate Dad’s Club
- Ann Catholic Church (Coppell, Texas)
- Young Friends of Ronald McDonald House of Dallas