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Kevin W. Brown is a trial lawyer with significant experience in complex business litigation, mediation and arbitration involving a variety of contractual and real estate disputes, intellectual property matters (including copyright and trademark infringement and trade secret misappropriation), commercial landlord/tenant disputes, employment law matters (including EEOC complaints, discrimination and retaliation litigation, Department of Labor investigations and wage and hour litigation), insurance coverage issues and business torts. Prior to joining Fritz, Byrne, Head & Harrison, PLLC, Mr. Brown practiced law in New York City with Orrick, Herrington & Sutcliffe and Pryor Cashman.
Mr. Brown has also represented a number of clients in the entertainment industry in a variety of contract and royalty disputes, copyright infringement, and right of privacy and publicity issues. Mr. Brown also focuses his practice on assisting artists and photographers with their business and legal needs, including the protection and enforcement of their contract and intellectual property rights and risk management and claim avoidance.
Representative Litigation Accomplishments
- Represented wage and hour plaintiffs in a collective action against various nightclub and bar owners.
- Assisted in representation of various investors to obtain a non-dischargability fraud judgment in bankruptcy adversary proceeding after bench trial.
- Assisted in representing government services provider in a multi-million dollar contract arbitration with former subcontractor.
- Represented family of musician against musician's former road manager in a breach of contract action. Jury returned verdict in family's favor after week-long trial. After judgment entered, successfully obtained lift of automatic bankruptcy stay to obtain recoupment of monies awarded under judgment as road manager; decision was appealed to Fifth Circuit, successfully argued and affirmed; successfully represented family's record company in connection with related copyright infringement action brought by road manager (summary judgment rendered in company's favor).
- Assisted in successfully representing property sellers in a breach of contract action to recover valuable residential property. Summary judgment rendered for sellers.
- Represented home buyers and sellers in various seller's "non-disclosure" cases; represented various real property sellers and purchasers in connection with real estate transaction disputes.
- Represented photographers and musicians in disputes concerning contractual breaches and intellectual property management matters.
- Obtained dismissal of trademark infringement suit against out-of-state burlesque troop.
- Represented significant non-profit corporation in connection with various employment-related disputes.
- Represented various employers in defense of collective actions brought under the Fair Labor Standards Act for unpaid overtime wages.
- Assisted in representing actors in a breach of contract and right of publicity action against a major motion picture studio.
- Assisted in successfully defending against a multi-million dollar finder's fee claim in a three and a half-day jury trial. Jury returned finding of nominal damages.
- Represented a commercial condominium unit owner against the condominium's board of managers in an action arising from property damage to the owner's unit.
- Assisted in successfully defending a large food retailer against an attempted monopolization claim in a three-week jury trial. Jury returned finding of no liability.
- Key member of litigation team representing a major accounting firm in a large, complex professional malpractice action brought by a former client.
- Lead counsel on a pro bono prisoner's civil rights action against New York State's Department of Corrections.
Admissions
- United States District Courts for the Western, Eastern, Southern and Northern Districts of Texas
- State Bar of Texas, 2004
- State Bar of New York, 1999
- United States District Courts for the Southern, Western and Northern Districts of New York
- United States Court of Appeals for the Fifth Circuit
Articles
- Co-Author, "The Economic Espionage Act of 1996: An Overview for Corporate Counsel," (Seminar - New And Important Developments In The Law Of Trade Secrets And Non-Compete Agreements) (2000)
Education
- University of Texas School of Law, J.D., 1998
Teaching Quizmaster
- Northwestern University, B.A., cum laude, 1995
Phi Beta Kappa, Alpha Lambda Delta and Phi Eta Sigma Honor Societies
Presentations
- "Legal Issues for Photographers" Guest Lecturer, Austin Community College
- "Legal Issues for Graphic Artists" Guest Lecturer, University of Texas
Community Service
- Board Member, Art Alliance Austin, 2011-2012
- Board President, VSA Arts of Texas, 2007 - 2009
- Participating Artist, Sight.Sound.Soul Click to visit YouTube page
Accolades
- Texas Rising Star, 2009-2012
- Leadership Institute participant, Meritas, 2012 Class (co-chair)
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