Brian A. Kilpatrick
Brian Kilpatrick is a Dallas trial lawyer with extensive commercial litigation experience representing financial institutions, business organizations, and individuals in trials, arbitrations, appeals, and related matters.
A significant portion of Brian’s practice is dedicated to representing financial institutions in the enforcement of their rights as creditors, and in the defense of their actions as lenders, depository institutions, real estate owners, credit furnishers and trustees, in commercial, mortgage, fiduciary, and consumer litigation. Brian is also frequently called upon by financial institutions to respond to civil, criminal and administrative subpoenas, orders and levies, and is well versed in the protections afforded such institutions under Texas and federal banking law.
Brian also represents clients in business litigation disputes in a variety of other industries, such as transportation, real estate, investment services, energy, retail, pharmaceutical, and debt collection.
Brian’s success as a trial lawyer is founded upon his emphasis on client service. He recognizes the multitude of pressures facing business clients and strives to alleviate those pressures by exceeding their expectations in both his legal and administrative obligations.
Brian also has a keen ability to honestly assess litigation matters and provide realistic case evaluations that are not based on overly-optimistic views or marketing considerations. This allows him to work with a client to develop a case strategy that takes into account the client’s specific situation and the probable outcome of the case.
Brian relishes every opportunity to go into the courtroom and present a client’s case to a judge or jury, and he has successfully done so many times. But, he also recognizes that oftentimes, it is in a client’s best interest to resolve a case outside of the courthouse, and he has skillfully negotiated many favorable settlements for clients in both formal mediations and informal settlement conferences.
Before joining Jackson Walker in 1994, Brian was a briefing attorney for the federal district court in Waco, Texas.
B.A., with honors, Austin College
J.D., Baylor Law School
- Notes and Comments Editor, Baylor Law Review
- Interscholastic Moot Court Team
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Fifth Circuit
United States District Court for the Northern, Southern, Eastern and Western Districts of Texas
United States Bankruptcy Court for the Northern District of Texas
- 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 a multi-million dollar verdict after a trial before an arbitration panel on behalf of a lender bank, along with a complete dismissal of the borrower’s lender liability counterclaim.
- Won jury verdict in favor of a commercial landlord for actual and exemplary damages and attorney’s fees against the principals of a corporate tenant by piercing the corporate veil of the defendant entity.
- Won take-nothing summary judgment in favor of bank client in lawsuit brought by customer arising from bookkeeper embezzlement involving forged checks.
- Won dismissal of class action lawsuit brought in federal court against national bank client, alleging that thousands of loans were void under 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.
- Rising Star, 2006-2007
- AV Preeminent, Martindale-Hubbell
- Texas Association of Bank Counsel, 2002-present
- Dallas Bar Foundation, Life Fellow
- Texas Bar Foundation, Fellow
- Leadership Dallas, 2001-2002
- Dallas Business Committee for the Arts Leadership Arts Institute, 2001-2002
- Big Brothers Big Sisters of North Texas, Board of Directors, 2001-2006
- Dallas Summer Musicals, Board of Directors, 2002-2014
- Austin College Lawyers Association, 2009-Present
- Hatton W. Sumners Scholar Alumni Association, 2005-Present
- TITAS, Board of Directors, 2002-2004
- Dallas Bar Association, 1994-present
- Youth Baseball Coach, 2009-present
Business litigation disputes in a number of substantive areas, including:
- Class Action
- Commercial Paper
- Creditor’s Rights / Collection
- Deceptive Trade Practices
- Fair Credit Billing
- Fair Credit Reporting
- Fair Debt Collection
- Identity Theft
- Intellectual Property
- Lender Liability
- Mortgage Fraud
- Real Estate
- Secured Transactions
- Securities Fraud
- Subpoenas and Record Requests
- Telephone Consumer Protection
- Trust and Estate
- Truth In Lending