Nick Brown

Prior to joining Kirkland, Nick was involved in the following matters:

Commercial & Supply Chain Disputes

• Pursued breach of contract and fraud claims through trial in Texas state court against a manufacturer of printed circuit boards, resulting in a multi-million dollar verdict in favor of our client.
• Obtained summary judgment on our client's breach of contract claims against a foreign government for non-payment of invoices worth millions of dollars.
• Defended LPG distributor in arbitration against claims for failure to deliver, resulting in a take-nothing judgment in favor of our client.
• Obtained summary judgment on our client's breach of contract claims, and defeated temporary injunction counterclaims, in contract dispute with a terminated vendor in the food distribution industry.
• Pursued claims for non-payment of a golden parachute against manufacturer of animal feed and defended against counterclaims for trade secret misappropriation and breach of a non-compete.
• Defended a provider of subsea technology in a post-acquisition working capital dispute through the final arbitration hearing and appeal.
• Successfully defended against interlocutory appeal seeking dismissal of defamation claims based on absolute immunity doctrine.
• Pursued action on behalf of former contractor for wrongful termination through final arbitration hearing and post-arbitration appeal.
• Represented food distributor against breach of contract claims arising out of termination of commission agreement.

Indemnity, Products Liability & Environmental Disputes

• Defended one of the largest distributors of propane through final hearing in an arbitration proceeding arising out of alleged breach of an environmental indemnity, resulting in a take-nothing judgment in favor of our client.
• Obtained an award of sanctions against a foreign government for bringing meritless indemnity counterclaims against our client in course of bringing an action for copyright infringement.
• Devised an interlocutory appeal strategy in a flash fire case that resulted in the Beaumont Court of Appeals reversing the trial court's denial of summary judgment and an order that summary judgment be entered in our client's favor.
• Secured dismissal of landowner's claims against our client alleging breach of a remediation agreement based on presence of USTs.
• Analyzed indemnity issues relating to mass tort dispute arising out of alleged groundwater contamination by former heavy manufacturing facility.
• Defended against products liability claims based on alleged downhole failure of production casing in a drilling operation.
• Defended multiple toxic tort wrongful death cases brought by plaintiffs alleging exposure to harmful chemicals resulted in death.
• Pursued trespass and related claims against agricultural operation that sprayed our client's land with herbicide.

Energy Technology & IP Enforcement

• Obtained multiple awards of sanctions against former corporate officers who misappropriated an artificial lift company's source code and trade secrets.
• Defeated temporary injunction and pursued successful anti-SLAPP motion against claims that grease manufacturer and its owner misappropriated trade secrets and breached fiduciary duties.
• Pursued action for trademark infringement against our client's competitor, including obtaining multiple favorable discovery rulings and settlement.
• Obtained and successfully defended summary judgment based on invalidity in patent case between competitors in furnace-tube inspection industry.

Served as lead trial counsel in case challenging legality of water rates imposed on non-profit entities and religious organizations in violation of Texas constitution.

Obtained temporary restraining order and settlement against a company running a construction renovation scam.

Represented indigent plaintiff in fraud case arising out of the sale of real estate.

Brought and settled employment discrimination case on behalf of nurse with disabilities.

Served as counsel in appeal arising out of family violence protective order.

Defended case bringing claims for alleged failure to pay overdue medical bills.