Brannon C. Dillard

Business, Energy, Intellectual Property, and Other Litigation

• Trial counsel in suit involving misappropriation of energy investment clients’ trade secrets and tortious interference with their oil and gas prospect generation agreements, securing a substantial jury verdict in clients’ favor after a three-week trial in South Texas.
• Lead counsel in obtaining favorable resolution for oil and gas services company in its prosecution of an intellectual property ownership dispute over an oil and gas technology reportedly worth over $150 million, securing ownership of technology and numerous state and federal court victories including multiple state and federal temporary restraining orders, a preliminary injunction, a temporary injunction, a remand order, and several compel orders.
• Lead trial and appellate counsel for oilfield equipment supplier in securing complete dismissal of RICO, LHWCA, and numerous state law tort claims through a Rule 12(b)(1) motion to dismiss and affirmance on appeal (on Defense Base Act preemption grounds) in a putative class action lawsuit brought in the District of Columbia by government-contractor employees seeking $2 billion in damages for the alleged non-payment of Defense Base Act benefits after they suffered injuries working in war zones abroad.
• Trial counsel for corporate and trust clients in obtaining complete summary judgment dismissal of claims they were vicariously liable under single business enterprise and alter ego theories for co-defendants’ breach of contract, tortious interference, and fraud in a dispute over a concession granted by the Bulgarian government to explore and prospect for coalbed methane in a field in Bulgaria.
• Lead trial counsel in securing complete dismissal and final judgment (under the Wilton-Brillhart abstention doctrine) through a Rule 12(b)(1) motion to dismiss of federal declaratory judgment action filed against distributor of imported steel pipe used for oil and gas extraction and drilling.
• Lead trial counsel for oilfield equipment and labor supplier clients securing complete dismissal of a seven-figure federal court lawsuit through a Rule 12(b)(6) motion to dismiss of tort-based claims arising from an alleged sexual assault at a military base in Iraq.
• Trial and appellate counsel for the world’s largest movie theater chain in successful prosecution of an ad valorem tax challenge securing a reduction in tax liability and attorneys’ fees award in client’s favor following state-court bench trial.
• Lead trial counsel for supplier of OCTG (oil country tubular goods) used for the oil and gas industry in securing complete summary judgment dismissal of defendant’s counterclaim for declaratory relief under the Uniform Declaratory Judgments Act.
• Lead trial counsel in securing complete dismissal of alleged oilfield employee’s numerous tort-based claims against client in Illinois state-court lawsuit involving alleged injuries from exposure to asbestos-containing products.
• Lead trial counsel for the financing company of a foreign automotive manufacturer of luxury high-performance automobiles in obtaining summary judgment on its prosecution of a breach of contract claim against a defaulting customer and complete summary judgment dismissal of the customer defendant’s numerous counterclaims including breach of contract, negligence, negligent misrepresentation, deceptive trade practices, and fraud.
• Lead trial counsel for the world’s global food service leader in securing complete summary judgment dismissal of plaintiffs’ various negligence claims in personal-injury lawsuit arising from motor vehicle accident.
• Lead trial counsel for national, privately-held payroll funding service and accounts receivable factor in securing complete dismissal of all claims through a motion to dismiss on the eve of state-court trial.
• Lead trial counsel securing take-nothing judgment after state-court bench trial on fraud claim against owner of oilfield services company who allegedly made misrepresentations regarding payment for equipment leased under a master equipment rental agreement.
• Lead counsel for multi-national transportation brokerage company in prosecuting breach of contract and related claims for unpaid freight logistics services, obtaining favorable settlement for client.
• Lead counsel in defending retirement plan administrator and plan sponsor clients in ERISA-based action against a plan participant’s breach of fiduciary duty claim arising out of the alleged improper distribution of the participant’s retirement benefits, securing favorable settlement for clients.
• Lead counsel in obtaining favorable settlement for global chemical producer in its prosecution of breach of contract state-court lawsuit seeking relief for damages to its pipe while in transit.
• Lead counsel for global expert services and consulting firm seeking payment for unpaid expert services fees from its customers in state-court lawsuit and JAMS arbitration proceeding, obtaining favorable settlements for client.
• Represented the world’s leading industrial and medical gas supplier in several business disputes, including its prosecution of breach of contract and breach of warranty state-court lawsuits that resulted in favorable settlements for client.
• Lead counsel defending the world’s global food service leader against personal injury and premises liability claims in trucking and other litigation matters throughout Texas.
• Assisted property owner secure favorable resolution of landlord-tenant dispute, including advising on lease obligations, enforcing lease terms and conditions, and preparing lease amendment.
• Assisted oil and gas staffing and consulting firm secure defense and indemnity pursuant to Master Services Agreement in personal injury lawsuit involving negligence-based claims for injuries arising from well site accident.
• Assisted management services provider secure defense and indemnity pursuant to lease agreement in premises liability lawsuit involving negligence-based claims for injuries arising from go-kart accident.

Insurance Coverage Analysis and Litigation

• Provide insurance coverage analysis and advice to clients on various types of insurance: Commercial Property, Homeowners, General Liability (GL), Commercial General Liability (CGL), Professional Liability (PL), Directors and Officers Liability (D&O), Auto Liability, Inland Marine, Uninsured Motorist/Underinsured Motorist (UM/UIM), Commercial Crime, Fidelity Bonds, Defense Base Act (DBA), and Trade Credit.
• Representation of insurance industry clients in high-exposure, first-party insurance coverage and extra-contractual litigation matters, including lawsuits arising from property claims involving catastrophes, fires, hailstorms, windstorms, and water damage in cases statewide and nationally.
• Lead trial and appellate counsel for national commercial property insurer in obtaining Rule 91a dismissal of plaintiffs’ contractual and extra-contractual claims regarding missing wine at a prominent country club in a state court lawsuit seeking seven figures in damages (settled on appeal).
• Lead trial and appellate counsel in securing two federal court orders of dismissal through Rule 12(b)(6) motions to dismiss of breach of contract, Texas Insurance Code, and bad-faith claims against national excess and surplus lines insurer in seven-figure dispute arising from Hurricane Harvey (settled following appellate argument).
• Lead trial counsel for national commercial property insurer in securing order precluding the recovery of attorneys’ fees due to insured’s failure to provide timely and proper pre-suit statutory notice in a federal court lawsuit seeking seven figures in damages from a claimed hailstorm loss event.
• Trial counsel obtaining complete summary judgment dismissal for national loss adjusting and claims management provider and its employee adjuster facing Texas Insurance Code and other extra-contractual claims in federal court lawsuit seeking seven figures in damages on commercial property insurance claim arising from Hurricane Ike.
• Trial counsel securing complete dismissal through Rule 12(b)(6) motion to dismiss of Texas Insurance Code and other extra-contractual claims against national loss adjusting and claims management provider and its employee adjuster in a first-party commercial property insurance dispute involving claimed damage from Hurricane Ike.
• Lead trial counsel for national specialty commercial property insurer in securing plaintiff insured’s voluntary dismissal of all claims in state court lawsuit seeking seven figures in damages on insurance claim arising from well collapse.
• Lead trial counsel for national specialty commercial liability insurer in securing plaintiff’s voluntary dismissal of all claims in state court lawsuit seeking seven figures in damages and entitlement to UM/UIM benefits for claimed injuries from motor vehicle accident.
• Trial counsel obtaining plaintiff insured’s voluntary dismissal of all claims against national loss adjusting and claims management provider immediately after summary judgment oral argument in lawsuit seeking seven figures in damages on commercial property insurance claim arising from Hurricane Ike.
• Defended global loss adjusting and claims management company and its employee adjusters in insurance coverage and extra-contractual litigation, including several lawsuits arising from commercial property claims following Hurricanes Katrina and Rita.
• Lead counsel defending residential property insurer and its program manager and insureds in a variety of first and third-party litigation matters throughout Texas.
• Lead counsel defending national wholesale insurance broker in insurance coverage and extra-contractual litigation matters against failure to properly place insurance coverage and related claims, securing favorable resolutions.
• Provided insurance coverage analysis and advice on claims involving alleged damage and loss to various commercial properties arising from Hurricane Harvey.

Securities Litigation and Arbitration

• Lead arbitration counsel in FINRA customer dispute involving allegations of fraud, breach of fiduciary duty, deceptive trade practices, and insurance code violations relating to alleged unsuitable fixed-annuity products, securing findings of no liability and no damages in broker’s favor from the three-member FINRA panel after a five-day arbitration hearing.
• Defense of national securities broker-dealers and brokers in litigation matters and FINRA arbitration proceedings against a variety of customer claims including unsuitability, churning, breach of contract, breach of fiduciary duty, deceptive trade practices, fraud, negligence, failure to supervise, and violations of state securities acts.
• Represent national securities broker-dealer in its prosecution and defense of misappropriation of trade secrets and covenant not to compete cases arising from disputes following broker moves, including representation in FINRA arbitration and Texas state-court injunctive proceedings.
• Defended clearing firm in North Carolina state-court lawsuit against a customer’s claims of conversion, breach of fiduciary duty, fraud, and violations of the North Carolina Investment Advisers Act, successfully compelling the customer’s claims against client to FINRA arbitration per the mandatory arbitration provisions in the customer’s account agreements.