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Kevin Brown

Kevin Brown is a trial lawyer with significant experience in complex business litigation, mediation and arbitration. Responsive and attentive to clients, Kevin’s experience includes a variety of contractual and real estate disputes, intellectual property matters (including copyright and trademark infringement, false advertising and trade secret misappropriation), employment law matters (including EEOC complaints, discrimination and retaliation litigation, Department of Labor investigations and wage and hour litigation) and general business torts.

 

Additionally, clients in the entertainment industry turn to Kevin for representation in a variety of contract and royalty disputes, copyright infringement, and right of privacy and publicity issues. Kevin also focuses his practice on assisting artists (including musicians, photographers, and visual artists) with their business and legal needs, including the protection and enforcement of their contract and intellectual property rights, risk management and claim avoidance.

Before joining Waller, Kevin was a partner with Taube Summers Harrison Taylor Meinzer Brown, LLP, a preeminent bankruptcy and civil litigation boutique firm in Austin, Tex.  Kevin also practiced with Orrick and Pryor Cashman in New York City.

Honors and Recognitions

Kevin was recognized as a Rising Star by Super Lawyers from 2009 to 2013. Since 2014, he has been recognized by Super Lawyers in the category of Business Litigation.

Kevin Brown is a trial lawyer with significant experience in complex business litigation, mediation and arbitration. Responsive and attentive to clients, Kevin’s experience includes advertising and marketing law matters, on-line liability issues, copyright and trademark infringement, false advertising and trade secret misappropriation, contract and real estate disputes, fiduciary litigation and general business torts. Kevin also has handled a variety of employment law matters, including EEOC complaints, discrimination and retaliation litigation, Department of Labor investigations and wage and hour litigation.

Additionally, clients in the entertainment and media industry turn to Kevin for representation in a variety of contract and royalty disputes, visual-content issues, advertising and marketing law guidance (claim substantiation, disclosures, influencers), copyright infringement, and right of privacy and publicity issues. Kevin also focuses his practice on assisting artists (including musicians, photographers, and visual artists) with their business and legal needs, including the protection and enforcement of their contract and intellectual property rights, risk management and claim avoidance.

Before joining Waller, Kevin was a partner with Taube Summers Harrison Taylor Meinzer Brown, LLP, a preeminent bankruptcy and civil litigation boutique firm in Austin, Tex. Kevin also practiced with Orrick and Pryor Cashman in New York City.

Experience

Intellectual Property, Entertainment and Media Litigation

  • Represented Fortune 500 company in false advertising case under the Lanham Act; jury returned verdict in company’s favor after two-week jury trial in federal court; successfully argued appeal to the Fifth Circuit (which affirmed the resulting judgment).
  • 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 against road manager; decision was appealed to the Fifth Circuit, successfully argued and affirmed; successfully represented family’s record company in connection with related copyright infringement action
  • Represented government services consultant in software copyright dispute against a major Texas city; case settled before trial.
  • Represented musician in negotiation of licensing of rights to his life story to a major Hollywood producer.
  • Assisted in representation of commercial photographer in copyright infringement action against Fortune 500 company.
  • Represented musician in defense of copyright infringement action arising from musician’s use of photographs for promotional purposes.
  • 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 troupe.
  • Assisted in representing actors in a breach of contract and right of publicity action against a major motion picture studio; case settled during jury trial.

Commercial Disputes

  • Represented individual in dispute with former spouse concerning enforcement of contract and fiduciary rights under divorce decree; obtained $1 million judgment and attorneys’ fees award after bench trial.
  • Represented individual in dispute with former spouse concerning defamation and privacy invasions; successfully defended against former spouse’s motion to dismiss under the Texas Anti-SLAPP statute (Texas Citizens Participation Act).
  • Represented corporate officer in connection with complex disputes arising from management and control of oil and gas construction companies.
  • Represented global government services consultant in connection with defense of class action arising from automation of municipal court case processing systems; obtained voluntary dismissal of lawsuit before trial.
  • 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, multi-week arbitration brought by former subcontractor.
  • 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.
  • 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.
  • 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.

Labor & Employment

  • Represented wage and hour plaintiffs in collective actions against various nightclub and bar owners.
  • Represented non-profit corporations 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.
  • Represented employers in various discrimination and retaliation lawsuits

Professional

  • Alumnus, Leadership Austin Essential Class, Class of 2013
  • Class Co-Chair, Meritas Leadership Institute, Class of 2012
  • Member, Austin Bar Association
  • Fellow, Texas Bar Foundation
  • Fellow, Austin Bar Foundation
  • Recognized by Texas Monthly as a “Super Lawyer” in Business Litigation, 2014-2017
  • Recognized by Texas Monthly as a “Rising Star” in Business Litigation, 2009-2013

Prior Affiliations

  • Partner, Taube Summers Harrison Taylor Meinzer Brown, LLP, Austin, Tex.
  • Partner, Fritz, Byrne, Head & Harrison, LLP, Austin, Tex.
  • Associate, Orrick, Herrington & Sutcliffe LLP, New York
  • Associate, Pryor Cashman LLP, New York

Education

  • J.D., The University of Texas School of Law, 1998
    • Teaching Quizmaster
  • B.A., cum laude, Northwestern University, 1995
    • Phi Beta Kappa

Legal Services

Industries Served

Bar Admissions

  • Texas
  • New York

Court Admissions

  • United States Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court, All Districts of Texas
  • U.S. District Court, All Districts of New York

Up Close

Kevin continues to find time to paint despite his heavy caseload, family and other community commitments, and he hopes to fulfill one of his lifelong dreams to have a solo art exhibition at some point in the near future.  In his spare time, he enjoys watching sports, traveling and spending time with his wife and two children (who keep him laughing and smiling).