Member Directory
Member Directory

Brian Lauten

Brian Lauten, P.C.
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Brian Lauten
Brian Lauten, P.C.

Brian is a JD/MBA, who is a triple Board Certified business and commercial trial lawyer. Brian is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization and Board Certified in Civil Trial Law and Civil Pretrial Practice by the National Board of Trial Advocacy. Brian is a civil trial specialist in business torts, commercial litigation, fiduciary litigation, contract disputes including non-competes and trade secrets, employment litigation, and professional liability.

Brian is an experienced appellate advocate who has been lead counsel in complex disputes before the United States Supreme Court, the United States Court of Appeals for the Fifth and Eighth Circuits, the Texas Supreme Court, the Dallas, Fort Worth, Texarkana, Eastland, El Paso, San Antonio, Corpus Christi, and Amarillo courts of appeal. Of note, Brian argued the landmark decision on Title VII retaliation in, Nassar vs. UTSW Medical Center, before the United States Supreme Court.

Brian has been listed as a Thomson Reuters Super Lawyer by Texas Monthly magazine from 2003 - 2017. In 2015, 2016, and 2017, Lauten was listed as one of the Best Lawyers in Dallas by D Magazine. Brian is a past recipient of the John Howie Award from the Dallas Trial Lawyers Association for the "Courageous Pursuit of Justice in the Face of Adversity." Brian recently received the first ever Founders' Award in legendary trial lawyer Don Keenan's name presented by the American Board of Trial Advocates (ABOTA) Foundation for tireless service to protecting the Seventh Amendment right to a civil jury trial.

Brian is currently serving as an appointed member of the Texas Pattern Jury charge committee on business torts, consumer, and employment litigation. He is a member of the invitation only ABOTA, the invitation only Million Dollar Advocates forum, and the invitation only National Trial Lawyers Association. Each organization recognizes the top tier trial lawyers in the country. Lauten serves on the Executive Committee of the Dallas Chapter of ABOTA, he is a National Board Representative for the Dallas Chapter of ABOTA, and he is a member of the TEX-ABOTA Board of Directors. At the national level, Lauten is the Chair of ABOTA's Amicus committee.

On numerous occasions, Brian has been the Course Director, an instructor, and a prolific writer for the Texas State Bar's continuing legal education seminars on Business Torts, Fiduciary Litigation, Advanced Civil Trial, and Advanced Evidence. Brian is published in the law review literature in the area of business and commercial torts. See Top 10 Emerging Issues in Business Torts, Vol. 44, No. 2 Tex. J. of Business Law, p. 177-204 (2012). Of note, moreover, Brian's recent publication in the University of Houston Law Review on the rights and remedies that are triggered by oral deposition changes in the errata sheet has been widely disseminated to trial courts all across the state of Texas, it has been lauded as a scholarly resource by both plaintiff and defense lawyers, and it is the only secondary authority nationwide published on this highly important topic that continues to evolve in tort litigation. See Brian P. Lauten, The Era of Trial by Paper: When the Witness Re-Writes the Oral Deposition Testimony in the Errata Sheet, 8 Houston L. Rev. 126 (April 18, 2018).

Brian is a former Board of Director for the Dallas Trial Lawyers Association (DTLA), he is a past Advocates Chair and a member of the Texas Trial Lawyers Association (TTLA), and he is a member of the American Association for Justice (AAJ), formerly known as the Association of Trial Lawyers of America. Brian serves on the Bench Bar and Judiciary Committees of the Dallas Bar Association and he is an officer on the Council for the Dallas Bar Association's Business Litigation and Trial Skills sections. Brian is a Master in the William "Mac" Taylor American Inn of Court. Brian is a past president of the Mesquite Bar Association. Brian has active law licenses in Texas, Montana, and in Wyoming.

Areas of Practice

Business Litigation
Employment Law
Professional Liability

Certified Legal Specialties

Civil Trial Law, Civil Trial Law Advocacy, Pretrial Practice, Texas Board of Legal Specialization National Board of Trial Advocacy/National Board of Civil Pretrial, 2011

Bar Admissions

Texas, 2001
Wyoming, 2004
Montana, 2004
U.S. District Court, Eastern District of Texas
U.S. District Court, Northern District of Texas
U.S. Court of Appeals, 5th Circuit
U.S. Supreme Court


Southern Methodist University School of Law
J.D. - 2001
Spring Hill College
B.S. Accounting/ M.B.A. Accounting Specialization - 1997

Published Law Review Works

Brian P. Lauten, Top 10 Emerging Issues in Business Torts, Vol. 44, No. 2 Tex. J. of Business Law, 177-204 (2012)
Brian P. Lauten, The Era of Trial by Paper: When the Witness Re-Writes the Oral Deposition Testimony in the Errata Sheet, 8 Houston L. Rev. 126-138 (April 18, 2018).

Representative Cases

Brewer v Lennox Hearth Products, LLC, 546 S.W.3d 866 (Tex. App.-- Amarillo 2018, pet. filed)
Rossman v. Bishop Colorado Retail Plaza, L.P., 455 S.W.3d 797 (Dallas pet. denied) (2015) _
Neese vs. Lyon et al., 479 S.W.3d 368 (Tex. App.?Dallas 2015, no pet.)
Shaw v. Lemon, 427 S.W.3d 536 (Dallas pet. denied) (2014)
University of Texas Southwestern Medical Center v. Nassar, 133 S.Ct. 2517 (S. CT. 2013)
Nassar v. UTSW, 688 F.3d 211 (5th Cir. 2012 (en banc))
Ashton Grove v. Jackson Walker, 366 S.W.3d 790 (Dallas 2012)
HSM Development, Inc. v. Barclay Prop. Ltd., 392 S.W.3d 749 (Tex. App.?Dallas 2012, no pet.)_
In Re Heritage Organization, LLC, 466 B.R. 862 (N.D. Tex. 2012)
Nassar v. University of Texas Southwestern Medical Center, 674 F.3d 448 (5th Cir. 2012)
Crithfield v. Boothe, 343 S.W.3d 274 (Tex. App. ? Dallas 2011, no pet. h.)
In re State Auto Prop. & Cas. Co., 348 S.W.3d 499 (Tex. App. ? Dallas 2011, pet. dism'd)
In Re Heritage Organization, LLC, 459 B.R. 911 (N.D. Tex. 2011)
Orthopedic Resources, Inc. v. Swindell, 329 S.W.3d 70 (Tex. App. ? Dallas 2010, pet. denied)
Sutton v. Ebby Halliday Realtors, Inc., 279 S.W.3d 418 (Tex. App. ? Dallas 2009, no pet. h.)
Hani v. Jimenez, 264 S.W.3d 881 (Tex. App. ? Dallas 2008, pet. denied)
Parker v. Three Rivers Flying Service, Inc., 220 S.W.3d 160 (Tex. App. -Eastland 2007, no pet.)
Kaufman County v. Crow, 176 S.W.3d 921 (Tex. App. ? Dallas 2005, no pet.)
In Re Derailment Cases, 416 F.3d 787 (8th Cir. 2005)
Sanmina SCI-Corp. v. Ogburn, 153 S.W.3d 639 (Tex. App. ? Dallas 2004, pet. denied)


Numerous CLE's Business Torts, Texas State Bar

Honors and Awards

ABOTA Don Keenan Award, 2017
"Best Lawyers in Dallas", D Magazine (2017)
Texas Super Lawyers by Thomson Reuters (2004-2014)
John Howie Award, (2010)

Professional Associations and Memberships

American Board of Trial Advocates, Associate/National Board Rep. (2010 - Present)
Texas Trial Lawyers Association, Member (2001 - Present)

Past Employment Positions

Deans & Lyons, P.C., Partner, 2014-2017
Sawicki & Lauten, LLP, Partner, 2008 - 2014
The Lauten Firm, P.C., Shareholder, 2006 - 2014

Pro Bono Activities

Trial Lawyers Care - 911 Attacks, 2001 - 2002

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