Bradley M. Kirklin - Partner

BIOGRAPHY

Since 2004, Bradley M. Kirklin has been a practicing trial lawyer representing corporate clients and individuals in state and federal courts in Texas and in arbitrations throughout the United States. He also has significant experience briefing and arguing appeals, recently arguing a case to the United States Court of Appeals for the Fifth Circuit. Mr. Kirklin focuses his practice on commercial litigation, FINRA disputes, and catastrophic personal injury.

Mr. Kirklin’s broad area of expertise includes all manner of business, trade secret, employment, oil & gas, real estate and construction disputes. His clients often call upon him to represent them in obtaining, or defending against, emergency injunctive relief at TRO proceedings and temporary injunction hearings. Mr. Kirklin has also assisted hundreds of financial advisors and executives navigate complex employment agreements when transitioning jobs, and he often represents clients in employment disputes. Additionally, Mr. Kirklin represents individuals in FINRA, SEC, and Texas State Securities Board investigations.

He served as the President of the Houston Bar Association’s Securities Litigation and Arbitration Section for the 2019-2020 year, and in 2023, Mr. Kirklin was recognized by his peers as a Texas Super Lawyer for the sixth consecutive year, an honor bestowed on just 5% of the practicing attorneys in Texas.

Mr. Kirklin was born and raised in Houston and is a proud alum of Episcopal High School. He obtained his undergraduate degree in finance from the University of Texas and then his law degree from the University of Houston Law Center. In between college and law school, Mr. Kirklin worked in the litigation advisory group for Ernst & Young LLP, where their practice focused on providing expert financial analysis to litigants.

Mr. Kirklin is married to Natalie, an educator in Houston, and they are enjoying raising three precocious kids, two daughters, Annabeth and Lauren, and their son, Mac. In his free time, Mr. Kirklin enjoys the outdoors, exercising, and coaching his children’s sports teams.

  • Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Western District of Texas
  • United States District Court for the Northern District of Texas
  • United States Court of Appeals for the 5th Circuit
  • United States District Court for the Northern District of Illinois
  • University of Houston Law Center, J.D., 2004
  • University of Texas, B.B.A., Finance, 1999

Recent trial, arbitration, and appellate matters:

EnVen Energy Corp. v. Dunwoody, Jr. and Oilfield Pipe of Texas, LLC: Lead counsel for Defendant, Oilfield Pipe of Texas (“OPT”). Plaintiff, EnVen Corporation, now known as Talos Energy, brought claims against OPT under theories of aiding and abetting breach of fiduciary duties and equitable fraud. EnVen sought to hold OPT jointly and severally liable for more than $5.5 million in damages and attorneys’ fees. After a four-day trial on the merits in the Delaware Chancery Court, Chancellor Kathaleen McCormick, stated “As for OPT, it’s hard for me to conclude that there’s any case against OPT at all.” Shortly after the Court made these comments, EnVen dismissed all claims with prejudice against both OPT and its former president. Co-defense counsel: Gibbs & Bruns, LLP; Lead counsel for Plaintiffs, Davis Polk & Wardwell, LLP.

2022 AAA Arbitration: Lead counsel for Claimant in a business divorce case wherein Claimant sought a declaratory judgment and Respondent sought more than $2.5 million in counterclaims and attorneys’ fees. After an arbitral hearing on the merits, the Arbitrator issued an Award stating that Claimant was the prevailing party, ordered Respondent take nothing, and awarded attorneys’ fees to Claimant.

Push Start Industries, LLC and Organ Mountain Energy, LLC v. Houston Gulf Energy Corporate et al.: Lead counsel for Appellants Push Start Industries, LLC and Organ Mountain Energy. Briefed and argued the case before the 9th Court of Appeals (Beaumont) and secured a reversal of trial court’s dismissal and award of attorney’s fees of case under the Texas Citizens Participation Act.

Barry Gross; BillCutterz, LLC v. Keen Group Solutions, LLC: Lead counsel for Appellant, Keen Group Solutions, LLC. Briefed and argued case before the United States Court of Appeals for the Fifth Circuit seeking an order to modify a AAA arbitral award and a ruling that the arbitrator exceeded his authority. The Fifth Circuit noted that the Appellee agreed to modify a portion of the award during oral argument and ordered key terminology in the Award interpreted as Appellant requested.

Other Trial/Arbitration Highlights

  • First
    chair FINRA breach of contract case on behalf of claimant financial
    institution. Result: Panel entered an award for $356,000 in contract
    damages, interest, and attorneys’ fees in favor of financial
    institution.
  • First chair FINRA breach of contract case on behalf
    of claimant financial institution. Result: Panel entered an award for
    $250,000 in contract damages, interest and attorneys’ fees in favor of
    financial institution and dismissed all counterclaims where respondent
    sought $900,000.
  • First Chair FINRA breach of contract case on
    behalf of claimant financial institution. Result: Arbitrator entered an
    award of $114,000 in contract damages, interest, and attorneys’ fees and
    costs on behalf of the financial institution and dismissed defamation,
    deceptive trade practices, and tortious interference counterclaims where
    Respondent sought $1.7 million in damages.
  • Co-first chair jury
    trial in state district court in Harris County on behalf of major
    airline defendant; case settled favorably after closing arguments.
  • Co-first
    chair FINRA arbitration on individual claimant seeking recovery of
    funds lost due to mismanagement; case settled favorably after opening
    statements and claimant’s testimony.
  • Successfully defended two
    financial advisors from temporary and permanent injunctive relief sought
    by their former employer in Harris County District Court.
  • First
    chair bench trial in a homeowner/homeowners’ association dispute
    winning a judgment in favor of the homeowner in state county court.
  • Second chair jury trial on behalf of a plaintiff suing on a breach of contract action and recovered attorneys’ fees.
  • Second chair jury trial on behalf of an injured plaintiff and obtained plaintiff’s verdict.
  • Second chair jury trial on behalf of defendant hospital system that successfully resolved after the plaintiff rested.

Business/Securities Industry Related Disputes

  • Representation of individuals, Financial Advisors and financial institutions in FINRA arbitrations.
  • Representation of Financial Advisors on Protocol and Non-Protocol transitions.
  • Representation of Financial Advisors and financial institutions in promissory note disputes.
  • Representation of Financial Advisors and financial institutions in U-5 and expungement related disputes.
  • Representation of Financial Advisors and financial institutions in employment disputes.
  • Representation of individuals who asserted fiduciary duty claims against multinational life insurance company.
  • Representation of commercial bank in corporate raiding cases.
  • Representation of investment bankers in corporate raiding arbitration.
  • Representation of real estate brokers to recover commissions.
  • Representation of attorney in international fee dispute.
  • Representation of technology companies on claims of misappropriation of trade secrets and breach of contract.
  • Representation of municipal utility districts in multiple contract disputes with customers.
  • Representation
    of major insurance company in dispute with supplier of drugs and
    medical services that plaintiff claims were “pre-approved” by the
    insurance company.
  • Representation of general contractor in dispute with commercial bank.
  • Representation of an individual in a business divorce matter.

Oil and Gas

  • Representation
    of international pipeline company successfully protecting its
    underground gas storage facility trade secrets from third party
    discovery in Matagorda County, Texas.
  • Representation of Supermajor oil and gas companies in various contractual disputes.
  • Representation of operator in title disputes over certain lands in Rusk County, Texas and Panola County, Texas.
  • Representation of operator in royalty disputes.
  • Representation
    of operator in a dispute with lessors regarding an interpretation of an
    area of mutual interest and subsequent non-payment of overriding
    royalties and bonus payments.
  • Representation of a royalty owner in a dispute with a lessee regarding accounting of post-production costs.
  • Advise operator regarding suspending and then releasing suspended payments in a dispute between royalty owners.
  • Representation
    of royalty owner in a dispute with an operator refusing to pay royalty
    because of alleged dispute between royalty owners.
  • Representation of non-consenting working interest owner in dispute over payout to re-enter the well.
  • Representation of landowner in obstruction lawsuit.
  • Representation of landowner in negotiating a seismic permit with operator.
  • Representation
    of Texas based LLC in negotiating brokerage agreement with members of
    the Three Affiliated Tribes on the Fort Berthold Indian Reservation in
    North Dakota.
  • Representation of oilfield pipe company in ownership dispute.
  • Representation of oilfield pipe company in multiple breach of contract, payment disputes.
  • Representation of working interest owners in joint audit.

Tort Litigation

  • Representation of plaintiffs and defendants in wrongful death cases.
  • Representation of large hospital system in workers compensation non-subscriber cases.
  • Representation of a bus manufacturer in wrongful death and personal injury cases.
  • Representation of drilling contractors in wrongful death and personal injury cases.
  • Representation of major airline in personal injury cases.
  • Representation of engine manufacturer in products liability cases.
  • Representation of restaurant chain in premises liability cases.
  • Representation of large public entity in wrongful discharge, defamation and whistleblower matters.
  • Representation of Texas news organization against defamation related allegations.
  • Representation of a major energy corporation in multiple tort cases, including wrongful death.
  • Houston Bar Association, Securities Litigation and Arbitration Section, President 2019-2020
  • State Bar of Texas, Member
  • “Attorneys’ Fees: Money, Money, Money: The Art of Getting Paid” July 2018, Summer School Course for Continuing Legal Education, Moody Gardens Resort
  • “Select Topics Regarding the Assertion and Maintenance of Privileges in Texas Civil Cases,” presented by John F. Sullivan III at the Page Keeton Civil Litigation Conference, October 25, 2012
  • “Daubert Standards for Expert Witness Testimony in Civil Litigation,” March 2011, Presentation for Continuing Legal Education
  • “Threshold Issues in Trade Secret Litigation,” presented by John F. Sullivan III, October 2008 at the 32nd Annual Page Keeton Civil Litigation Conference
  • Church of St. John the Divine
  • Bayou Breakfast Club
  • Episcopal High School Alumni Directors’ Council | President 2016-17
  • West University Softball Association, Board of Directors 2023-present

Contact: