Marilyn M. Brown

Representative Insurance Litigation Matters

• Represented property insurance companies in a nationwide class action filed in Arkansas state court.
• Represented property insurance companies in single-state class action cases filed in Missouri, Tennessee, Arkansas, Ohio, and Texas.
• Represented auto insurance companies in single-state class action cases filed in New Mexico and Arkansas.
• Obtained dismissal under the Class Action Fairness Act of a putative class action in Texas federal court in which the plaintiffs alleged that insurers unfairly discriminated in their collection of policy fees for automobile insurance policies. The Fifth Circuit Court of Appeals affirmed that dismissal on appeal.
• Represented life insurance company in cases filed in state and federal courts across Texas.
• Obtained injunctive relief for insurance companies seeking to prevent independent contractors who possessed proprietary and trade secret customer information from using said information in competition with insurers.

Representative Employment Litigation Matters

• Obtained summary judgment in employer’s favor in federal lawsuit involving employee’s claims for age discrimination (disparate treatment, disparate impact and hostile work environment), retaliation and intentional infliction of emotional distress.
• Secured dismissal with prejudice of lawsuit in which individual alleged that his former supervisor and former employer defamed him.

Representative Non-Litigation Matters

• Representing insurance companies in responding to Civil Investigative Demands.
• Advising insurance companies and insurance agencies regarding privacy obligations and protection of proprietary information.
• Advising insurance companies about regulatory obligations.
• Representing parties whose information is sought by way of open records requests directed to state or federal agencies such as the Texas Department of Insurance, the Texas Department of Transportation, and the Federal Highway Administration, including appeal of decisions to district court when warranted.
• Advising executives and employers regarding noncompetition and nonsolicitation clauses.
• Advising executives and employers regarding severance and separation agreements.
• Representing employers in connection with administrative proceedings before the Equal Employment Opportunity Commission (EEOC), the Texas Workforce Commission (TWC), and the City of Austin Equal Employment and Fair Housing Office.

• The Best Lawyers in America (Woodward/White Inc.), 2023
  • Employee Benefits (ERISA) Law, 2023
  • Litigation – Labor and Employment, 2023
• Lawdragon 500 Leading Litigators in America, 2022
• “Texas Rising Star,” Super Lawyers – Rising Stars by Thomson Reuters, 2010, 2013-2019

• Volunteer Legal Services of Central Texas, Board Member and President-Elect;
  • Past Treasurer, Past Secretary
• Texas Bar Foundation, Fellow
• Austin Young Lawyers Association, Sustaining Member
• Travis County Women Lawyers Foundation, Fellow
• Travis County Women Lawyers Association, Member
• American Bar Association, Member
• Austin Bar Association, Member