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Fulbright & Jaworski L.L.P.


Reagan M. Brown - Fulbright & Jaworski LLP
Reagan M. Brown
Partner
D: +1 713 651 5469
Houston
Fulbright Tower
1301 McKinney
Suite 5100
Houston, TX 77010-3095
T: +1 713 651 5151
F: +1 713 651 5246
AREAS OF CONCENTRATION
EXPERIENCE

Reagan Brown has been a partner in the Houston office of Fulbright & Jaworski L.L.P. since 1990. He has extensive jury trial and appellate advocacy experience in federal and state courts. His practice is concentrated in the areas of trial and appellate litigation, complex commercial litigation, ERISA litigation, insurance, legal malpractice and product liability. He has tried over 85 cases and arbitration proceedings with over 50 jury cases to verdict. He has argued over 30 appeals to state and federal courts.

Reagan is a frequent national lecturer for various organizations on the subjects of complex litigation, ERISA litigation, insurance litigation and legal malpractice. He has been the author of numerous articles published nationally. 

Reagan currently serves as the Chair of the F&J Litigation Training and Mentoring Committee and is the Director of the Firm’s Trial Training Program.  In that position, he is responsible for managing the litigation training for all first-year attorneys in the Firm.  In the spring of 2008 the trial training program included 41 first-year attorneys in the Firm from around the U.S. and London. 

Reagan represents various companies in pending trial and appellate cases in the following areas of class-action litigation:

  • ERISA Class Action Litigation
  • Insurance Class Action Litigation
REPRESENTATIVE EXPERIENCE

Significant Cases in which Mr. Brown served as Lead Counsel for the Prevailing Party

  • Defended international arbitration proceeding involving breach of contract for services rendered by contractor to energy company-client. Arbitration resulted in no liability against client and $3.7 million award to client for client's counterclaim.
  • Defendant lawsuit in Hidalgo County, Texas involving underlying personal injury judgment of $77 million in favor of parties who subsequently sued client for bad faith and breach of contract. Obtained instructed verdict and take nothing judgment in favor of client.
  • Defended insurance/securities fraud suit by company involved in automobile sub-prime financing in which plaintiff sought in excess of $70,000,000 in damages. Jury trial resulted in verdict in favor of client with no damages awarded. Judgment affirmed an appeal.
  • Defended suit by executives seeking deferred compensation and survivor plan benefits under ERISA. Executives sought in excess of $4,000,000 in damages. Federal district court rendered summary judgment for client.
  • Defended suit by executive asserting loss of incentive stock options, wrongful termination and defamation. Executive sought in excess of $2,000,000 in damages. Jury trial resulted in verdict in favor of client on all liability theories and no award of damages against client.
  • Defended arbitration proceeding involving calculation of offshore day rates for $300,000,000 drilling rig contract. Arbitration resulted in favorable findings to client.
  • Product liability/design defect suit in which plaintiff alleged damages of $6,000,000. Jury trial resulted in defense verdict in favor of client - no liability and no damages.
  • Suit over life insurance proceeds in case involving company executive who disappeared and was alleged to be deceased. Counterclaim by policyholder claimed in excess of $1,000,000 in damages. Jury trial resulted in finding that executive was not deceased and benefits were not owed, and awarded attorney's fees in favor of client.

Representative Appeals in which Mr. Brown served as Lead Counsel for the Prevailing Party

  • Defended energy company in suit involving claim for $4 million in deferred compensation sought by four former high-level executives under "top-hat" plan. Fifth Circuit Court of Appeals affirmed district court's take-nothing judgment in favor of client.
  • Defended a national law firm in $100,000,000 legal malpractice suit relating to the creation and handling of offshore trusts. Jury trial resulted in verdict in favor of law firm. Trial court entered take-nothing judgment in favor of law firm. Judgment affirmed by Fourteenth Court of Appeals in Houston. Texas Supreme Court denied review.
  • Obtained ruling from Texas Supreme Court that Texas Personal Auto Policy excludes coverage for first-party diminished value claims.
  • Argued en banc to the entire Fifth Circuit Court of Appeals and obtained significant ruling on the abuse of discretion standard in ERISA cases in favor of client's position.
  • Obtained ruling from Texas Supreme Court that insurance policy provision limiting coverage for sexual misconduct claims was not against public policy.
  • Obtained judgment from Texas Supreme Court upholding constitutionality of Texas Tort Claims Act's damages limitation in maritime case.
  • Obtained rendition of judgment from Texas Supreme Court in favor of client with ruling that reversed the lower courts' judgments awarding in excess of $7,000,000 damages from loss of business due to denial of insurance benefit claim.
PROFESSIONAL ACTIVITIES AND MEMBERSHIPS
  • Fellow, American College of Trial Lawyers
  • American Board of Trial Advocates
  • Federation of Defense and Corporate Counsel
  • Texas Board of Legal Specialization
    • Civil Trial Law
    • Civil Appellate Law
    • Personal Injury Law
PROFESSIONAL HONORS
  • Chambers & Partners, USA, ranked as one of the top attorneys in Insurance Practice Field in Texas
  • Chambers & Partners, USA, ranked among the top attorneys in Litigation: General Commercial Practice Field in Texas 
  • Rated one of the top five lawyers in Texas for Personal Injury-Defense, Texas Lawyer  "Go-To Guide" (2007)
  • "Texas Super Lawyer" in Civil Litigation Defense Law, Texas Monthly magazine (2003 - 2008) 
  • "Best Lawyers in America" in Commercial Litigation and Legal Malpractice Law (2005 - 2008)
  • Who's Who Legal in Texas, Commercial Litigation (2008) 
  • "AV" rated by Martindale-Hubbell
PUBLICATIONS
  • "Risks of Attorney Disqualification in the Handling of First-Party and Third-Party Insurance Coverage and Bad Faith Litigation," 2004 Inaugural Federation Forums, Chicago Bar Association, Chicago, Illinois, October 14, 2004
  • "Class Action Trends in Energy, Environmental and Enron Litigation," American Bar Association, 10th Section Fall Meeting, Portland, Oregon, October 11, 2002
  • "Defending Against The Hordes: Class Action Practice in Texas," TADC 1999 Fall Meeting, Montreal, Quebec, Canada, September 29 - October 3, 1999
  • "Common Law and Statutory Insurance Bad Faith," Advanced Insurance Seminar, Austin, Texas, September 25, 1998
  • "Insurance Policies: What's There and What's Missing," 20th Annual Corporate Counsel Institute, Houston, Texas, March 26 - 27, 1998; Dallas, Texas, April 2 - 3, 1998
  • "Damages in DTPA/Insurance Code Litigation," 9th Annual DTPA Conference, University of Texas School of Law, December 18 - 19, 1997
  • "Theories of Professional Liability," Attorneys' Advantage Seminar, San Antonio, Texas, May 21, 1997
EDUCATIONAL BACKGROUND

1981 - J.D., with honors, The University of Texas Law School
1978 - B.S. and a B.A., summa cum laude, Southern Methodist University

Reagan is admitted to practice before the United States Supreme Court, United States Court of Appeals for the Fifth Circuit, U. S. Court of Appeals for the Second Circuit of New York, United States District Courts for the Southern, Northern, Eastern and Western Districts of Texas and all Texas state courts.







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