Biography

Board Certified by the Texas Board of Legal Specialization in both Civil Trial Law and Labor and Employment Law, Brett routinely guides businesses through a variety of matters, including:

  • Employment contracts
  • Noncompetition agreements
  • Wage and hour disputes
  • Employment policies
  • Protection of proprietary information and trade secrets
  • Investigation of employee misconduct
  • Risk avoidance practices

Additionally, Brett has experience with intellectual property and real estate litigation and appellate matters.

Representative Matters

  • Robert D. Bergeron v. DFW Airport Board, U.S. District Court, Northern District of Texas (Dallas County), Honorable David Godbey presiding (FMLA retaliation).
  • Avis Rent-a-Car v. Paul Katz, County Court No. 5 (Dallas County), Honorable Mark Greenberg presiding (breach of contract).
  • Ronnie Lanier et al. v. Eastern Foundations, Inc. et al., County Court No. 2 (Dallas County), Honorable King Fifer presiding (truck accident).
  • Prestonwood Market Square v. Guatam Daftary et al., County Court No. 4 (Dallas County), Honorable Ken Tapscott presiding (commercial dispute).
  • Perales v. Lone Wolf Resources, 37th District Court (Mitchell County), Honorable Glen Harrison presiding (personal injury defense).
  • Bourgeois v. Toshiba America Medical Systems, 160th District Court (Dallas County), Honorable Joe Cox presiding (commercial litigation).
  • Sullivan v. Spyglass Hill, 73rd District Court (Bexar County), Honorable Andy Merales presiding (retaliation/employment litigation).
  • Hennig v. International Paper Company, County Court No. 4 (Dallas County), Honorable Bruce Woody presiding (personal injury defense).
  • Racetrac v. Longfellow, Probate Court No. 1 (Tarrant County), Honorable Steve King presiding (commercial litigation).
  • Kirby v. Scott, 386th District Court (Rockwall County), Honorable Brett Hall presiding (personal injury defense).
  • Acker v. deBoer, U.S. District Court, Northern District of Texas (Dallas County), Honorable Jerry Buchmeyer presiding (age discrimination).
  • Lassetter v. Strategic Materials, U.S. District Court, Northern District of Texas (Dallas County), Honorable Barbara Lynn presiding (age discrimination).
  • First Western SBLC v. Collin Creek Holding Co., 380th District Court (Collin County), Honorable Charles Sandoval presiding (commercial litigation).
  • Sunburst Hospitality Corporation v. VIP Lodging, Inc., 67th District Court (Tarrant County), Honorable Don Cosby presiding (commercial litigation).
  • Jefferson Bank v. BMD, 193rd District Court (Dallas County), Honorable Carl Ginsberg presiding (commercial litigation).
  • McClenic v. Graham, 68th District Court (Dallas County), Honorable Martin Hoffman presiding (commercial litigation).
  • S Rental Properties v. Enchiladas Northwest, Inc., 192nd District Court (Dallas County), Honorable Craig Smith presiding (commercial litigation).
  • Robert Newhouse, Trustee, v. Wes-Tech Logistics, U.S. Bankruptcy Court, Northern District of Texas (Dallas Division), Honorable Harlan Hale presiding (misappropriation of trade secrets and customer good will).
  • 2-16 Holdings, Inc., Dallas Moving & Storage, Inc. and Michael Byboth v. Wood Limited Partnership, AMS Staff Leasing, Inc. and Charles D. Wood, 296th District Court (Collin County), Honorable John Roach Jr. presiding (commercial litigation).
  • Bayer MaterialScience LLC v. Brian McCrary, County Court No. 1 (Rockwall County), Honorable David Rakow presiding (breach of contract).
  • Fatimah Ali et al. v. Stacy Murillo, County Court No. 3 (Tarrant County), Honorable Vincent Sprinkle presiding (personal injury).
  • Warner Alan Properties, LLC and Warner Alan/Westcliff, Ltd. v. Paciwest, Inc., 96th District Court (Tarrant County), Honorable Jeff Walker presiding (real estate litigation).

Other matters Brett has handled include:

  • Obtained administrative order following two-day bench trial reinstating postal worker with full back pay and damages after postal worker had been illegally discharged in retaliation for complaining about racial discrimination.
  • Won summary judgment on behalf of employer in Section 451 claim under the Texas Workers’ Compensation Act (prohibiting retaliation against employees who seek benefits in good faith).
  • Defended employer of former employees against claims of misappropriation of trade secrets and unfair competition by former employer through temporary injunction hearing resulting in favorable resolution.
  • Obtained favorable resolution on behalf of national sales director following temporary injunction hearing based on allegations from former employer that national sales director had stolen and misappropriated trade secrets.
  • Briefed and argued multiple appeals before the U.S. Court of Appeals for the Fifth Circuit, the Second Court of Appeals, Fort Worth and the Fifth Court of Appeals, Dallas.
  • Secured temporary injunction on behalf of employer protecting employer’s confidential and proprietary trade secrets from disclosure to competing business that hired former employee.
  • Successfully represented software company in arbitration proceedings against former client’s claims that software company failed to deliver working version of unique software package to former client.
  • Prevailed at arbitration and recovered executive severance package for former president of global golf resort development company following former president’s wrongful termination.
  • Successfully negotiated on behalf of employer against U.S. Department of Labor resolving claim by DOL that employer failed to pay overtime to employees.
  • Multiple appearances on behalf of employers contesting claims by former employees for unemployment benefits.
  • Defended employer against claims by former independent contractor that independent contractor should have been classified as employee and entitled to benefits of employment.
  • Successfully represented special agent alleging race discrimination in federal sector Equal Employment Opportunity administrative trial and through all appeals to the Equal Employment Opportunity Commission in Washington, DC.
  • Successfully represented Immigration and Customs Enforcement special agent alleging retaliation in federal sector Equal Employment Opportunity administrative trial and through all appeals to the Equal Employment Opportunity Commission in Washington, DC.
  • Successfully represented whistleblower against Department of Health and Human Services before Merit Systems Protection Board.
  • Drafted employment policies and procedures by creating employment handbooks for small, medium and large employers needing to comply with federal and state laws impacting the employment relationship, including OFCCP, anti-harassment, anti-drug, disability and medical leave requirements, employee privacy and employment benefits.
  • Drafted numerous high-level executive compensation agreements to secure retention of key employees and protect intellectual property.
  • Conducted numerous investigations into allegations of employee wrongdoing.
  • Consulted and advised employers regarding immigration issues and proper documentation of employees.

Reported Decisions

  • Farone v. Bag’n Baggage, Ltd., 165 S.W.3d 795 (Tex. App.-Eastland 2005)
  • McNeilus Companies, Inc. v. Sams, 971 S.W.2d 507 (Tex. App.-Dallas 1997)
  • Acker v. Deboer, Inc., Slip Copy, 2006 WL 1489265 (N.D. Tex., May 24, 2006)
  • Acker v. Deboer, Inc., 429 F.Supp.2d 828 (N.D. Tex. 2006)
  • Halliburton Energy Services, Inc. v. Fleet Nat. Bank f/k/a Summit Bank, 334 F.Supp.2d 930 (S.D. Tex. 2004)
  • Lassetter v. Strategic Materials, Inc., 192 F.Supp.2d 698 (N.D. Tex. 2002)
  • Kastor v. Sam’s Wholesale Club, 131 F.Supp.2d 862 (N.D. Tex. 2001)
  • Steele v. SGS-Thomson Microelectronics, Inc., 962 F.Supp. 972 (N.D. Tex. 1997)

Before Fox Rothschild

Prior to joining Fox Rothschild, Brett was a shareholder at David & Goodman, P.C.

While in law school, Brett served as editor-in-chief of the Arkansas Law Review.

Honors & Awards

  • Board Certified by the Texas Board of Legal Specialization in Labor and Employment Law
  • Board Certified by the Texas Board of Legal Specialization Civil Trial Law
  • Selected for inclusion in the “Best Lawyers in Dallas” by D Magazine (2014)
  • Selected for inclusion in “Super Lawyers” by Thomson Reuters (2006, 2010-2016)