Brian Clark is a seasoned business litigator who represents middle-market companies, financial institutions, and individuals in a broad range of commercial disputes.
His work regularly involves, among other things, contracts, fiduciary duties, alleged fraudulent transfers, employment issues, corporate matters, securities, real estate, and disputes among owners of closely held businesses—often referred to as business divorces. Brian also serves as outside general counsel for many of his clients, providing strategic guidance on legal and business issues.
Brian routinely counsels clients on employment-related issues such as non-compete and confidentiality agreements, trade secret protection, and other intellectual property concerns. His litigation experience spans state and federal courts across Texas and beyond, as well as arbitration, bankruptcy adversary litigation, and appeals. A certified mediator, Brian is adept at resolving disputes efficiently and at developing forward-looking strategies to minimize litigation risk.
Although he serves clients of all sizes, Brian most often works with middle-market companies and has extensive experience in financial-services litigation, including the defense of lender-liability claims, bringing more than two decades of industry experience and insight to his practice. He is known for crafting tailored, cost-effective strategies aligned with each client’s goals and for maintaining a steady, focused approach regardless of the circumstances.
Brian serves as Chairman of the Board for KRCL and previously served as the firm’s General Counsel and chair of the firm's Project Make-a-Difference, which coordinates the firm's charitable efforts.
Away from the Office
Brian and his wife, Tiffany, have three kids (and two dogs) who keep them busy. They love to travel when they have the time and are both very involved in their church.
Credentials
Bar Admissions
- State Bar of Texas (2001)
- United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas
- The United States Court of Appeals for the Fifth Circuit
Education
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Baylor Law School, J.D., 2001
- Active in the Harvey M. Richie Moot Court Society
- Named to the Order of the Barristers;
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Texas A&M University, B.S., 1998
- Political Science
- Presidential Scholar
Experience
Recent Representations:
- Successfully defended banking client in three year long dispute that involved cases in both state and federal bankruptcy court relating to the foreclosure and sale of an office building.
- Summary judgment in federal court that plaintiff take nothing on all claims asserted against a banking client relating to an escrow agreement.
- Summary judgment in state court that plaintiff take nothing on all claims asserted against client for alleged breach of non-compete agreement and obtained award of attorneys’ fees in client’s favor.
- Secured dismissal of multi-million dollar fraudulent transfer lawsuit against banking client during pretrial conference that required no payment to the plaintiff.
- Summary judgment against company for failure to distribute stock proceeds to former officers upon sale of privately-held company.
- Numerous summary judgments on behalf of commercial landlords for breach of lease, including award of attorneys' fees.
- Successful prosecution and defense of requests for temporary restraining orders and temporary injunctions relating to covenants not to compete, foreclosures and evictions.
- Obtained judgments for numerous businesses and individuals in lawsuits regarding debts owed and has successfully enforced such judgments through post-judgment collection activities.
Publications
- Law in the Workplace, "Don't Forget to Sign That Arbitration Agreement," June 2018
- The Law of Banking, "4 Tips for a Better (Loan) Workout," March 2018
Honors
- Texas Rising Stars, Thomson Reuters (2009-2016)
