Brannon Dillard Image

Brannon Dillard

Shareholder

Brannon Dillard is a shareholder in Winstead's Business, Energy, Intellectual Property, Insurance, and Securities Litigation Practice Groups. Although he is based out of the firm's Houston office, Brannon represents businesses and individuals statewide, nationally, and internationally in a variety of litigation and non-litigation matters.

Brannon represents clients in complex, high-profile civil litigation across a wide range of industries. He has extensive experience handling an assortment of contractual, business tort, insurance coverage, intellectual property, employment, personal injury, products liability, securities, real estate, and trade secret disputes, many of which involve the energy, oilfield services, food distribution, insurance, automotive, and financial services industries, among others. His experience spans all phases of litigation, and he has successfully tried cases to the bench, arbitration panel, and jury, including as a first and second-chair lawyer, obtained numerous summary judgments and dismissals of claims and lawsuits, and handled state and federal appeals. See representative litigation experience.

In addition to his diverse litigation practice, Brannon regularly advises clients on the terms and conditions of various business-related contracts, including the evaluation, drafting, negotiation, and enforcement of same. He provides policyholders and insurers with insurance coverage analysis and advice on property, liability, and other types of insurance. He also assists clients with business guidance and planning, pre-dispute risk analysis and management, and litigation avoidance counseling.

For his experience both inside and outside of the courtroom, Brannon has been recognized in multiple years as a "Texas Rising Star" by Texas Monthly and one of Houston's "Top Lawyers" by H Texas, as well as one of Houston's "Professionals on the Fast Track" by H Texas.

Experience

Business, Energy, Intellectual Property, and Other Litigation

  • Ongoing defense of the world's largest food service distributor against personal injury and premises liability claims in trucking and other litigation matters throughout Texas
  • Trial counsel in suit involving misappropriation of energy investment clients’ trade secrets and tortious interference with their oil and gas prospect generation agreements, securing a substantial jury verdict in clients’ favor after a three-week trial in south Texas
  • Lead counsel in obtaining favorable resolution for oil and gas services company in its prosecution of an intellectual property ownership dispute over an oil and gas technology reportedly worth over $150 million, securing numerous court victories including multiple state and federal temporary restraining orders, a preliminary injunction, a temporary injunction, a remand order, and several compel orders
  • Secured complete dismissal of alleged oilfield employee’s claims against client in Illinois state-court lawsuit involving alleged injuries from exposure to asbestos-containing products
  • Lead trial and appellate counsel in securing complete dismissal of RICO and numerous state law tort claims against oil and gas equipment supplier in a putative class action lawsuit brought in the District of Columbia by government-contractor employees seeking $2 billion in damages for the alleged non-payment of Defense Base Act benefits after they suffered injuries working in war zones abroad
  • Obtained favorable settlement for global chemical producer in its prosecution of breach of contract lawsuit seeking relief for damages to its pipe
  • Lead trial counsel in securing complete dismissal through a motion to dismiss of federal declaratory judgment action filed against distributor of imported steel pipe used for oil and gas extraction and drilling
  • Obtained summary judgment for corporate and trust clients against allegations that they were vicariously liable under single business enterprise and alter ego theories for co-defendants’ breach of contract, tortious interference, and fraud in a dispute over a concession granted by the Bulgarian government to explore and prospect for coalbed methane in a field in Bulgaria
  • Represented the world’s leading industrial and medical gas supplier in business disputes, including its prosecution of breach of contract and breach of warranty lawsuits that resulted in favorable settlements for client
  • Trial counsel in prosecution of ad valorem tax challenge by the world's largest movie theater chain, securing a reduction in tax liability and attorneys' fees award in client's favor
  • Lead trial counsel in securing summary judgment for supplier of OCTG (oil country tubular goods) used for the oil and gas industry against defendant's counterclaims for declaratory judgment
  • Represented multi-national transportation brokerage company in its prosecution of a suit on a sworn account for unpaid freight logistics services, obtaining favorable settlement for client
  • Lead trial counsel in obtaining summary judgment for the financing company of a foreign automotive manufacturer of luxury high performance automobiles in its prosecution of a breach of contract claim against a defaulting customer and defense of the customer’s numerous counterclaims including breach of contract, negligence, negligent misrepresentation, deceptive trade practices, and fraud
  • Represented global expert services and consulting firm seeking payment of unpaid expert services fees by its customers in litigation and JAMS arbitration proceedings, obtaining favorable settlements for client
  • Lead trial counsel in securing complete dismissal through a motion to dismiss of claims against national, privately-held payroll funding service and accounts receivable factor on the eve of state-court trial
  • Defended retirement plan administrator and plan sponsor in ERISA-based action against a plan participant’s breach of fiduciary duty claim arising out of the alleged improper distribution of the participant’s retirement benefits, securing favorable settlement for clients
  • Assisted property owner secure favorable resolution of landlord-tenant dispute, including advising on lease obligations, enforcing lease terms and conditions, and preparing lease amendment

Insurance Coverage Analysis and Litigation

  • Ongoing representation of insurers, loss adjusting firms, and adjusters in high-exposure, first-party insurance coverage and extra-contractual litigation matters, including lawsuits arising from property claims involving catastrophes, fires, hailstorms, windstorms, and water damage in cases statewide and nationally
  • Provide insurance coverage analysis and advice to clients on various types of insurance, including property, commercial general liability, directors and officers liability, professional liability, commercial crime, fidelity bonds, defense base act, and trade credit
  • Advise policyholders, insurers, loss adjusting firms, adjusters, and third-party administrators on a wide variety of complex insurance coverage and claims issues
  • Counsel and representation of clients on insurance appraisals, including proceedings to appoint umpires and to confirm and challenge appraisal awards
  • Provided insurance coverage analysis and advice on claims involving alleged damage and loss to various commercial properties arising from Hurricane Harvey
  • Obtained summary judgment for national loss adjusting and claims management provider and its employee adjuster facing Texas Insurance Code and other extra-contractual claims in federal court lawsuit seeking over $1.5 million in damages on commercial property insurance claim arising from Hurricane Ike
  • Defended property insurer and its program manager and insureds in a variety of first and third-party litigation matters throughout Texas
  • Secured federal court order of dismissal through a motion to dismiss of Texas Insurance Code and other extra-contractual claims against national loss adjusting and claims management provider and its employee adjuster in a first-party commercial property insurance dispute involving damage caused by Hurricane Ike
  • Defended national wholesale insurance broker in insurance coverage and extra-contractual litigation against failure to properly place insurance coverage and related claims
  • Obtained plaintiff’s voluntary dismissal of claims against national loss adjusting and claims management provider in lawsuit seeking $2.5 million in damages on commercial property insurance claim arising from Hurricane Ike
  • Defended global loss adjusting and claims management company and its employee adjusters in insurance coverage and extra-contractual litigation, including lawsuits arising from commercial property claims following Hurricanes Katrina and Rita

Securities Litigation and Arbitration

  • Lead arbitration counsel in FINRA customer dispute involving allegations of fraud, breach of fiduciary duty, deceptive trade practices, and insurance code violations relating to alleged unsuitable fixed-annuity products, securing findings of no liability and no damages in broker’s favor from the three-member FINRA panel after a five-day arbitration hearing
  • Defense of national securities broker-dealers and brokers in litigation and FINRA arbitrations against a variety of customer claims including unsuitability, churning, breach of contract, breach of fiduciary duty, deceptive trade practices, fraud, negligence, failure to supervise, and violations of state securities acts
  • Represent national securities broker-dealer in prosecuting and defending misappropriation of trade secrets and covenant not to compete cases, including representation in FINRA arbitrations and state court injunctive proceedings
  • Defended clearing firm in North Carolina state-court lawsuit against a customer’s claims of conversion, breach of fiduciary duty, fraud, and violations of the North Carolina Investment Advisers Act, successfully compelling the customer’s claims against client to FINRA arbitration per the mandatory arbitration provisions in the customer’s account agreements