Dallas
214.745.5496 Direct
214.745.5390 Fax
bvanderwoude@winstead.com

Brian’s practice focuses on the representation of businesses and individuals in high-stakes civil disputes, with an emphasis on litigation and arbitration in the areas of real estate, financial services, partnerships, trusts and estates, and intellectual property. Brian has litigated, arbitrated, and mediated cases involving banking, including workouts, foreclosures, “lender liability,” and other aspects of loan enforcement and collection, real estate disputes, including developer disputes, landlord/tenant litigation, broker commission disputes, boundary disputes, and adverse possession, partnership and family-owned business disputes, including issues involving company control, buyouts, and valuation, real estate finance, including default resolution, servicing, and lien priority, trust disputes and guardianships, intellectual property, including prosecution and defense of cases involving trade secrets, trademarks, copyrights, and patents, and other matters involving various contract and business tort claims. In addition, Brian regularly advises businesses and individuals on risk assessment, risk management, and risk avoidance. Brian also has the unique distinction of representing multiple major universities in connection with athletic conference realignment. 

His abilities inside and outside the courtroom have earned Brian the recognition and respect of his peers. He has been recognized as a “Rising Star” by Thomson Reuters every year since 2010, was selected as one of Dallas’ 40 Under 40 by the Dallas Business Journal, and is a recipient of Winstead’s “We Strengthens Me” Award, the firm’s highest honor awarded annually to one lawyer for outstanding contributions and personal commitment to colleagues and the firm.

Brian is a shareholder and currently serves as head of Winstead’s Commercial Litigation Practice Group for the Dallas/Fort Worth area.

Representative Experience

  • Representation of individuals and companies in commercial and business litigation across a wide array of industries.  He has handled cases involving a variety of contract and business tort claims, such as breach of contract, fraud, breach of fiduciary duty, tortious interference, negligence, malpractice, defamation, conversion, civil RICO violations, antitrust, conspiracy, and other legal theories. 
  • Regular representation of financial institutions, including banks, mortgage companies, servicers, and other lenders, in all aspects of loan enforcement and collection, including workouts, real property foreclosures, personal property foreclosures, suits on notes, suits on guaranties, and various other contract, tort, and statutory claims.  He has also defended numerous financial institutions against “lender liability” counterclaims. 
  • Landlord-tenant litigation on both sides of the docket involving retail, office, industrial, and health-care related properties, including forcible detainer actions (i.e., evictions) and other cases involving nonpayment of rent, abandonment of premises, abandonment of personal property, trespass, and other legal theories. 
  • Business disputes, including disputes involving family-owned business, closely-held business organizations, and large business organizations, in matters involving business divorces, company control, buyouts, valuation disputes, and interpretation and construction of partnership agreements and other governing documents, among other issues.
  • Disputes relating to commercial and residential real estate ownership and development, including partnership disputes, contract disputes, ownership disputes, adverse possession, and boundary disputes.
  • Fiduciary litigation involving everything from modest trusts and estates to multi-million dollar trusts and estates, including representation of bank trust departments and private and corporate trustees, suits by beneficiaries, trustee removal actions, will contests, guardianships, trust modifications, claims against estates, and other types of probate litigation.
  • Representation of owners, developers, and financial institutions in construction matters, including bond and lien claims, contract negotiation, risk allocation, and litigation and arbitration of construction disputes involving payment disputes, defects, warranty issues, and contract termination issues.
  • Representation of developers of technologies, from local start-ups to well-established companies, in intellectual property litigation involving copyright infringement, trademark infringement, unfair competition, and theft of trade secrets and other confidential information.
  • Defense of individuals, corporations, and universities in cases involving patent, trademark, and copyright infringement claims, theft of trade secrets, and similar legal theories involving intellectual property.
  • Defense of businesses and individuals in securities litigation and arbitration in cases involving securities fraud, suitability, discretionary accounts, execution, and supervision. 
  • Representation of multiple major universities in connection with athletic conference realignment. 

Search Tips:

You may use the wildcard symbol (*) as a root expander.  A search for "anti*" will find not only "anti", but also "anti-trust", "antique", etc.

Entering two terms together in a search field will behave as though an "OR" is being used.  For example, entering "Antique Motorcars" as a Client Name search will find results with either word in the Client Name.

Operators

AND and OR may be used in a search.  Note: they must be capitalized, e.g., "Project AND Finance." 

The + and - sign operators may be used.  The + sign indicates that the term immediately following is required, while the - sign indicates to omit results that contain that term. E.g., "+real -estate" says results must have "real" but not "estate".

To perform an exact phrase search, surround your search phrase with quotation marks.  For example, "Project Finance".

Searches are not case sensitive.

back to top