Brian M. Stork Partner
Brian Stork is a partner with the Firm. He practices primarily in the Litigation and Construction sections, 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 clients’ respective businesses and forming long-term relationships. Brian’s business philosophy is simple — create value for clients by solving problems through diligent counseling and aggressive advocacy.
Brian is AV Rated by Martindale-Hubbell, and from 2014-2019 has been selected each year 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 List, a listing of the lawyers who ranked top of the list in the Texas Rising Stars nomination, research and blue-ribbon process.
- Corporate & Real Estate
- Labor & Employment
- St. Mary’s University School of Law, J.D. (2006)
- St. Edward’s University, B.B.A., Economics, magna cum laude (2002)
- State Bar of Texas
- United States District Courts for the Northern, Southern, Western and Eastern Districts of Texas
Distinctions & Certifications
- AV Preeminent®, Martindale Hubbell
- Texas Rising Stars, Thomson Reuters (2014-2019)
- Super Lawyers Texas Rising Stars Up-and-Coming 100 List (2018, 2019)
- 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 a 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 with 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.
- 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, tortiousinterference 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.
- 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 percent (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-chaired 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.
- 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
Publications & Speeches
- 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-presenter of Internal Investigations of Employee Misconduct
- 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?
- Mary Immaculate Dad’s Club
- St. Ann Catholic Church
- Young Friends of Ronald McDonald House of Dallas