Brian A. Kilpatrick has over 20 years of experience representing clients in litigation, including trials in state and federal court, arbitrations and appeals.
Mr. Kilpatrick focuses his practice on business litigation. He has handled lawsuits in a number of substantive areas, including class actions, breach of contract, banking/lender liability, franchise disputes, collections, fair debt collection, fair credit reporting, intellectual property, securities arbitrations, securities fraud, real estate, probate/guardianship, business torts, and other general litigation. He is also a member of the Special Investigations practice at Jackson Walker and has assisted audit committees conducting Sarbanes-Oxley type special investigations involving accounting/reporting issues. He has represented local, national and international companies, partnerships and financial institutions, and individuals, in both state and federal court, and before various arbitration forums.
Before joining Jackson Walker in 1994, Mr. Kilpatrick was a briefing attorney to Judge Walter S. Smith, Jr., in the United States District Court for the Western District of Texas, Waco Division.
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Won an appeal of an adverse judgment against a national bank in a real estate dispute, resulting in a complete reversal of the trial court's decision and the rendering of a judgment in favor of the bank, including an award of its attorneys' fees.
Won unanimous verdict in favor of a national bank client after week long trial before an arbitration panel, resulting in the payment of several million dollars in damages and attorneys' fees to client. The borrower's multi-million dollar counterclaim was dismissed by the panel with prejudice.
Won unanimous verdict in favor of a commercial landlord client after week long trial before a jury in state district court, piercing the corporate veil of the defendant entity, and entitling client to all damages and attorneys' fees sought, as well as punitive damages.
Won reversal of a verdict and trial court judgment against national bank client in a breach of contract case brought by a real estate developer, resulting in the dismissal of the plaintiff's claims and a remand to the trial court for an award of the client's attorneys' fees in defending the matter.
Won contested guardianship matter brought by corporate trustee client in state district court, establishing a guardianship of the person and estate for the beneficiary of a significant trust held by client.
Won dismissal of class action lawsuit brought in federal court against national bank client, alleging that thousands of loans were void because they violated Texas constitutional lending restrictions.
Obtained permanent injunction against competitor of international mobile communications client in a trademark dispute alleging that the defendant competitor had misappropriated its intellectual property rights.
Obtained injunction against international communications company in unfair competition case alleging that the defendant had infringed exclusive contractual and property rights of client.
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Mr. Kilpatrick is a member of the American Bar Association, the Texas Bar Association, the Dallas Bar Association, and the Texas Association of Bank Counsel. He is also a Life Fellow with the Dallas Bar Foundation. He has served on several bar committees in Dallas, including the judiciary committee, the fee dispute committee, and the pro bono committee.
Mr. Kilpatrick is actively involved in community service. His civic and charitable activities include: Leadership Dallas (2001-2002); Dallas Business Committee for the Arts Leadership Arts Institute (2001-2002); Big Brothers Big Sisters of North Texas (Big Brother, 2005-2007; Eastern Region Board, 2001-2006; Executive Committee 2004-2006); Dallas Summer Musicals (Board, 2002-Present); Austin College Lawyers Association (Board and Vice-President of Fundraising, 2009-Present); Hatton W. Sumners Scholar Alumni Association (Board, 2005-Present); TITAS (Board, 2002-2004); volunteer baseball coach (2009-present).
PRO BONO SERVICE
Mr. Kilpatrick strongly believes that pro bono service is an essential element of every attorney's professional responsibility and that attorneys possess unique skills and abilities to serve the disadvantaged and to promote the public interest. Throughout his career at Jackson Walker, he has represented dozens of pro bono clients through various legal aid organizations, and mentored many young attorneys handling their own pro bono matters. Because of his dedication to pro bono, Mr. Kilpatrick was appointed by Jackson Walker in 2006 as Chair of its Pro Bono Committee and continues to serve in that capacity today. He has also been recognized outside the firm for his pro bono contributions, being elected for many years to the Pro Bono College of the State Bar of Texas.
More about Brian A. Kilpatrick: Biography | Experience | Recognition | Speeches / Publications | News
Mr. Kilpatrick has been named a "Rising Star" by Thomson Reuters and also has been recognized by his peers with an AV Preeminent® rating in Martindale-Hubbell®, signifying the highest level of professionalism in terms of legal ability and ethical standards.
More about Brian A. Kilpatrick: Biography | Experience | Involvement | Speeches / Publications | News
Speeches / Publications
Mr. Kilpatrick has spoken and written on a wide variety of legal topics including banking law, discovery, procedure, and electronically stored information. He also co-authored an article on electronic discovery entitled E-Mail Discovery and Privilege, which was published in South Texas College of Law's Corporate Counsel Review (November 2004) and in the Canadian legal publication The Advocates' Quarterly (August 2005). He also authored a Baylor Law Review article (Spring 1992) analyzing Studer v. State, 799 S.W.2d 263 (Tex. Crim. App. 1990).
Links to Publications
More about Brian A. Kilpatrick: Biography | Experience | Involvement | Recognition | News