Brian Stork, a Director with the Firm, practices in the Litigation and Labor and Employment Sections, with an emphasis in business litigation, 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, mutually beneficial relationships. Brian’s business philosophy is simple – create value for clients by solving problems through diligent counseling and aggressive advocacy in an efficient and timely manner.
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.
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.
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, premises liability disputes, dram shop violations/liquor liability, professional malpractice and multi-party real estate fraud.
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.
- You are my hero! You are so awesome! We (especially me) think the world of our KRCL team. We appreciate all of your hard work and your efforts on our behalf. It has been a pleasure working with you! Thank you again for all your efforts in resolving this matter. Director, Commercial and Residential Property Management Company
- EXCELLENT work. Thanks Brian! Very good settlement!! Amazing result!!! Senior Claims Representative, Large National Insurer
- Analysis of Indemnity Agreements (February 2013)
- Can Employers Prohibit Employees From Discussing Their Salaries? (December 2014)
- Co-author of Cat’s Paw Theory – Expanding Employer Liability for Discriminatory Acts (November 2011).
- Co-presenter of Internal Investigations of Employee Misconduct (May 2012).
- Co-author of Penn State Fallout: Actions Employers Should Take When Confronted with Suspicious Activity (December 2011).
- Co-author of Texas Insurance Law Update-Is the Duty to Indemnify Dependent on the Duty to Defend? (February 2010).
- Co-author of The New Consumer Product Safety Commission Public Database: Product Safety or Lawyer Bonanza? (February 2011).
- Regular contributor to KRCL’s employment blog, Law in the Workplace.
- Removal of a Case to Federal Court (July 2011).
- American Bar Association and Defense Research Institute
- Dallas Bar Association (Business Litigation, Labor & Employment and Tort/Insurance Sections)
- RIMS Young Risk Practitioners
- Defense Research Institute (DRI)
- Risk Management Association (Financial Services Industry)
- Texas Association of Defense Counsel
- State Bar of Texas (Litigation and Labor & Employment Sections)
- Texas Young Lawyers Association
- Mary Immaculate Dad’s Club
- St. Ann Catholic Church
- Young Friends of Ronald McDonald House of Dallas