Brian Lauten, P.C.
  • Home
  • What We Do
    • Commercial Litigation
    • Legal Malpractice and Fee Disputes
    • Business Torts and Temporary Injunctions
    • Shareholder Disputes and Fiduciary Litigation
    • Employment Litigation
    • Wrongful Death Litigation
  • Our Team
    • Brian Patrick Lauten
    • Kaylee Vanstory
    • Courtney G. Bowline
  • Contact
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BRIAN LAUTEN, P.C.

HIGH-STAKES COMMERCIAL LITIGATION
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Tomi Lahren v. Glenn Beck
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University of Texas Southwestern Medical Center v. Nassar, 133 S.Ct. 2517 (S. Ct. 2013)
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James O. Rogers, et. al. v. Victor Zanetti, et. al., ____ S.W.3d ____ (Tex. April 28, 2017)






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Brian P. Lauten 
blauten@brianlauten.com
214.414.0996
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Brian is a JD/MBA, who is a triple Board Certified business and commercial trial lawyer. Brian is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization and Board Certified in Civil Trial Law and Civil Pretrial Practice by the National Board of Trial Advocacy. Brian is a civil trial specialist in business torts, commercial litigation, fiduciary litigation including the representation of lawyers and law firms, contract disputes including non-competes, trade secrets, and intellectual property, employment litigation, and professional liability.
Brian has been listed as a Thomson Reuters Super Lawyer by Texas Monthly magazine every year since 2003. Since 2015, Brian has been listed as one of the Best Lawyers in Dallas by D Magazine.  Brian has been listed in Best Lawyers in America every year since 2019.  Brian is a past recipient of the John Howie Award from the Dallas Trial Lawyers Association for the "Courageous Pursuit of Justice in the Face of Adversity." Brian is a past recipient of the Don Keenan Founders’ Award presented by the American Board of Trial Advocates (ABOTA) Foundation for tireless service to protecting the Seventh Amendment right to a civil jury trial. 
Brian is a member of the Texas Pattern Jury Charge committee on business torts, consumer, and employment litigation.  He is a member of the invitation only American Board of Trial Advocates (ABOTA), the invitation only Million Dollar Advocates forum, the invitation only National Trial Lawyers Association, and he is an invited fellow in the Litigation Counsel of America. Each organization recognizes the top tier trial lawyers in the country.  Brian is the President-Elect of the Dallas Chapter of ABOTA, he is a National Board Representative for the Dallas Chapter of ABOTA, and he is a member of the TEX-ABOTA Board of Directors. At the national and state levels, Lauten is a co-Chair of ABOTA and Tex-ABOTA’s Amicus committees.
Although a highly credentialed business and commercial trial lawyer, Brian is also an experienced appellate advocate, who has orally argued before both the United States and Texas Supreme Courts. Brian has also been lead counsel in complex disputes before the United States Court of Appeals for the Fifth and Eighth Circuits, the Dallas, Fort Worth, Texarkana, Eastland, El Paso, San Antonio, Corpus Christi, and Amarillo courts of appeal. Of note, in 2013, Brian argued the landmark decision on Title VII retaliation in, Nassar vs. UTSW Medical Center, before the United States Supreme Court.
​On numerous occasions, Brian has been the Course Director, an instructor, and a prolific writer for the Texas State Bar's continuing legal education seminars on Business Torts, Fiduciary Litigation, Advanced Civil Trial, and Advanced Evidence. Brian is published in the law review literature in the area of business and commercial torts. See Top 10 Emerging Issues in Business Torts, Vol. 44, No. 2 Tex. J. of Business Law, p. 177-204 (2012).   Of note, Brian’s publication in the University of Houston Law Review on the rights and remedies that are triggered by oral deposition changes in the errata sheet has been widely disseminated to trial courts all across the state of Texas, it has been lauded as a scholarly resource by both plaintiff and defense lawyers, and it is the only secondary authority nationwide published on this highly important topic that continues to evolve in tort litigation.  See Brian P. Lauten, The Era of Trial by Paper:  When the Witness Re-Writes the Oral Deposition Testimony in the Errata Sheet, 8 Houston L. Rev. 126 (April 18, 2018).
​Brian is a former Board of Director for the Dallas Trial Lawyers Association (DTLA), he is a past Advocates Chair of the Texas Trial Lawyers Association (TTLA), and he is a member of the American Association for Justice (AAJ), formerly known as the Association of Trial Lawyers of America.  

Brian is a former Chair of both the Dallas Bar Association’s Trial Skills and Business Litigation Sections.  Brian is one of the associate editors of the Advocate, which is the scholarly law review publication produced by the Litigation Section of the Texas Bar Association.  Brian is a Bencher in the William "Mac" Taylor American Inn of Court. Brian is a past president of the Mesquite Bar Association.  Brian is licensed in Texas, Montana, and in Wyoming.

​In his spare time, Brian enjoys spending time with his two children, fly-fishing, playing golf, wing shooting, and competing in marathons and triathlons.  Having grown up in Alabama, Brian is an avid fan of the Alabama Crimson Tide.  Brian is a parishioner at Saint Rita’s Catholic Church.
Areas of Practice
  • Appeals
  • Business Litigation
  • Employment Law
  • Professional Liability
Certified Legal Specialties
  • Civil Trial Law, Civil Trial Law Advocacy, Pretrial Practice, Texas Board of Legal Specialization National Board of Trial Advocacy/National Board of Civil Pretrial, 2011
Bar Admissions
  • Texas, 2001
  • Wyoming, 2004
  • Montana, 2004
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Supreme Court
Education
  • Southern Methodist University School of Law
    • J.D. - 2001
  • Spring Hill College
    • B.S. Accounting/ M.B.A. Accounting Specialization - 1997
Published Law Review Works
  • Brian P. Lauten, Top 10 Emerging Issues in Business Torts, Vol. 44, No. 2 Tex. J. of Business Law, 177-204 (2012)
  • Brian P. Lauten, The Era of Trial by Paper:  When the Witness Re-Writes the Oral Deposition Testimony in the Errata Sheet, 8 Houston L. Rev. 126-138 (April 18, 2018).
Representative Cases
  • Brewer v Lennox Hearth Products, LLC, 546 S.W.3d 866 (Tex. App.-- Amarillo 2018, pet. filed)
  • Rossman v. Bishop Colorado Retail Plaza, L.P., 455 S.W.3d 797 (Dallas pet. denied) (2015) ​
  • Neese vs. Lyon et al., 479 S.W.3d 368 (Tex. App.—Dallas 2015, no pet.)
  • Shaw v. Lemon, 427 S.W.3d 536 (Dallas pet. denied) (2014)
  • University of Texas Southwestern Medical Center v. Nassar, 133 S.Ct. 2517 (S. CT. 2013)
  • Nassar v. UTSW, 688 F.3d 211 (5th Cir. 2012 (en banc))
  • Ashton Grove v. Jackson Walker, 366 S.W.3d 790 (Dallas 2012)
  • HSM Development, Inc. v. Barclay Prop. Ltd., 392 S.W.3d 749 (Tex. App.—Dallas 2012, no pet.)​
  • In Re Heritage Organization, LLC, 466 B.R. 862 (N.D. Tex. 2012)
  • Nassar v. University of Texas Southwestern Medical Center, 674 F.3d 448 (5th Cir. 2012)
  • Crithfield v. Boothe, 343 S.W.3d 274 (Tex. App. — Dallas 2011, no pet. h.)
  • In re State Auto Prop. & Cas. Co., 348 S.W.3d 499 (Tex. App. — Dallas 2011, pet. dism’d)
  • In Re Heritage Organization, LLC, 459 B.R. 911 (N.D. Tex. 2011)
  • Orthopedic Resources, Inc. v. Swindell, 329 S.W.3d 70 (Tex. App. — Dallas 2010, pet. denied)
  • Sutton v. Ebby Halliday Realtors, Inc., 279 S.W.3d 418 (Tex. App. — Dallas 2009, no pet. h.)
  • Hani v. Jimenez, 264 S.W.3d 881 (Tex. App. — Dallas 2008, pet. denied)
  • Parker v. Three Rivers Flying Service, Inc., 220 S.W.3d 160 (Tex. App. –Eastland 2007, no pet.)
  • Kaufman County v. Crow, 176 S.W.3d 921 (Tex. App. — Dallas 2005, no pet.)
  • In Re Derailment Cases, 416 F.3d 787 (8th Cir. 2005)
  • Sanmina SCI-Corp. v. Ogburn, 153 S.W.3d 639 (Tex. App. — Dallas 2004, pet. denied) ​
Classes/Seminars
  • Numerous CLE's Business Torts, Texas State Bar
Honors and Awards
  • ABOTA Don Keenan Award, 2017
  • “Best Lawyers in Dallas”, D Magazine (2017 - 2021)
  • Texas Super Lawyers by Thomson Reuters (2004 - 2021)
  • John Howie Award, (2010)
  • Best Lawyers in America (2019 - 2021)
Professional Associations and Memberships
  • American Board of Trial Advocates, Associate/National Board Rep. (2010 - Present)
  • Mac Taylor American Inn of Court (2015 - present)
Past Employment Positions
  • Deans & Lyons, P.C., Partner, 2014-2017
  • Sawicki & Lauten, LLP, Partner, 2008 - 2014
  • The Lauten Firm, P.C., Shareholder, 2006 - 2014
Pro Bono Activities
  • Trial Lawyers Care - 911 Attacks, 2001 - 2002
HOME
WHAT WE DO
OUR TEAM
CONTACT
Brian Lauten, P.C.
3811 Turtle Creek Blvd., Suite 1450
Dallas, Texas 75219
214.414.0996
mlogan@brianlauten.com
© COPYRIGHT 2015. ALL RIGHTS RESERVED.
  • Home
  • What We Do
    • Commercial Litigation
    • Legal Malpractice and Fee Disputes
    • Business Torts and Temporary Injunctions
    • Shareholder Disputes and Fiduciary Litigation
    • Employment Litigation
    • Wrongful Death Litigation
  • Our Team
    • Brian Patrick Lauten
    • Kaylee Vanstory
    • Courtney G. Bowline
  • Contact