Brad combines the best of both worlds. He can understand the big picture, and he can execute the necessary details. Whether serving clients in the energy, transportation, real estate investment and development, construction, industrial, service, or retail industries, his ability to both take the broad view and master the minutiae sets him apart. 

Brad has had the pleasure of serving clients with diverse needs for legal representation, both individual clients and corporate clients in various industries. Some of their matters were resolved without any court intervention at all but others required executing a planned litigation strategy and carefully preparing the trial presentation.

Notable Cases:  

• Trademark disputes and unfair competition: Brad helped represent a licensee of patents and trademarks in West Virginia federal court when the holder of the intellectual property attempted to squeeze the client out of the market, helping obtain a settlement whereby the client could continue operating the business line.

• Commercial lease disputes: Brad represented a commercial landlord against an insurance business tenant who abandoned the lease prematurely and under false pretenses, took the case to trial, and won a six-figure judgment for unpaid and future rent, in addition to the landlord’s attorney’s fees and expenses.

• Commercial lease disputes: When Hurricane Rita was closing in, Brad was called upon by an internet service provider to help obtain an injunction against the landlord. The Fortune 500 landlord threatened to shut out employees and disconnect the back-up generator, which would have stopped the provider’s operations. The court awarded the injunction, and the provider was able to continue operating through the event so that its service could go uninterrupted.

• Breach of contract: Brad represented a real estate investment company in a dispute that arose after having to cancel its contract to purchase modular buildings, resulting in a six-figure arbitration award returning virtually all of the amounts it deposited with the seller and all of the attorney’s fees and expenses the investment company incurred.

• Fraudulent conveyance: Brad represented the holder of a 200-year tower lease in a declaratory judgment action against the owners attempting to void the lease, resulting in a half-million dollar settlement at mediation, covering all out-of-pocket attorney’s fees and expenses for the client.

• Seizure of assets: In pursuit of collecting a judgment against a builder, Brad still remembers the day he showed up at the builder’s offices with the constable and the constable’s moving truck, ready to seize the office’s furnishings. The builder paid the judgment shortly thereafter.

• Bankruptcy: When a judgment debtor filed bankruptcy and attempted to discharge the judgment, Brad had laid the foundation long before the bankruptcy filing to be able to force the debtor to pay the judgment in full, with interest.

• Post-judgment litigation and bankruptcy: A mineral-interest holder claimed to have no assets, and after post-judgment litigation in the state court, Brad was able to have royalty checks delivered to the court for distribution to his client. When that same party attempted to thwart further collection by filing bankruptcy, Brad was still able to collect the majority of the remaining debt by aggressively litigating the debtor’s assets in the bankruptcy case.

• Recovering mineral interests: An energy company routinely failed to properly operate a well and pay royalties to the client, and Brad was able to obtain rescission and unwinding of the underlying agreement and an order recovering the well for the client. Brad took the Texas judgment to Utah to enforce it and worked with the federal regulatory agency to assure its records accurately reflected ownership.

• Bankruptcy and fraudulent transfers: After litigating both the assets claimed by the debtor and the wrongful conduct of the debtor in bankruptcy, Brad was able to require the debtor to pay attorney’s fees to his client as a sanction against the debtor for its transgressions. The debtor was compelled to voluntarily dismiss its bankruptcy case, and the case settled at mediation after Brad established in injunction proceedings that the debtor engaged in fraudulent transfers under the Texas Uniform Fraudulent Transfer Act (“TUFTA”).

• Foreclosure, lien-enforcement, and portfolio recovery: Brad has collected hundreds of accounts secured by real property, both for homeowners’ associations on their delinquent assessment accounts and for lenders with delinquent borrower accounts. He knows how to pursue these ac-counts through foreclosure and bankruptcy proceedings and routinely recovers those clients’ attorney’s fees and expenses.

• Restriction and assessment compliance: For a homeowners’ association, Brad pursued compliance with architectural restrictions and the owner’s duty to pay assessments. After he presented the case at trial, the court issued a judgment requiring the homeowner to comply fully with the restrictive covenants and awarding all past-due assessments and all attorney’s fees and expenses incurred, including the attorney’s fees incurred by the client when the matter was being handled by their former lawyer. Brad collected the full amount of the award. His client was made completely whole, which is critical for a non-profit entity on a limited budget.

Community Service:

• The University of St. Thomas Law Alumni Association, Chair | 2013-2014

• FACETS, a publication of the Houston Chapter of the Community Association Institute (CAI), Staff Writer and Member of the Editorial Board | 2008-2010

• Tiller-Wensjoe Endowed Fund Campaign Committee, Committee Member | 2009-2010

• The University of St. Thomas Insights Program, Mentor | 2006-2007

• Eagle Scout, Troop 452, 1994

Honors/Awards:

• Texas Rising Star, Texas Super Lawyers (Thompson Reuters) 2013 - 2018

• Top Lawyers in Houston, H Texas, August 2013

Speaking Engagements:

• Arbitration Insights from a Panel of Practitioners

• The University of St. Thomas Law Alumni Association CLE Presentations, 2014

•  How to Wear Two Hats: In-House Privilege

• Association of Corporate Counsel's Back-to-School Symposium, 2014

•  Fee Agreements: Best Practices & Pitfalls

• The University of St. Thomas Law Alumni Association CLE Presentations, 2013

Publications:

• Why Your Deal Needs More Than Just a Handshake, Houston Business Journal, September 5-11, 2014, Vol. 45, No. 17.

•  Do I Have Everything? Discovery about Discovery, ABA Business Litigation Newsletter, Summer 2014 (Tort Trial & Insurance Practice).

• Some Collection Basics: A Primer, FACETS (July/August 2009), Vol. 34, No. 4.

• What Do We Do Now? Unpaid Assessments in a Struggling Economy, FACETS (May/June 2009), Vol. 34, No. 3.

• Assessing Fines for Violations of Community Rules – Part II: Legal and Practical Considerations When Assessing Fines, FACETS (July/August 2008), Vol. 33, No. 4.

• Assessing Fines for Violations of Community Rules – Part I: Can Your Association Levy Fines? FACETS (May/June 2008), Vol. 33, No. 3.