Brandon F. Renken

Clients turn to Brandon for his experience trying multi-million dollar cases to verdict. In a recent case, he earned a take nothing judgment in favor of a Houston property development company against its former CEO who sought $20 million in damages and past compensation based on fraud and breach of contract claims and being awarded more than $3 million in damages and attorneys’ fees. He also won an indemnity worth $20-$30 million, as plaintiff, in a dispute related to a downhole pipe failure.

Brandon’s litigation experience is informed by his time trying to verdict jury trials in New York State Supreme Court and multiple state and federal courts throughout Texas. Brandon has also appeared in various phases of litigation across the country, from Nevada to California, Montana, Illinois and West Virginia. Clients benefit from Brandon’s willingness to get involved in transactional review and negotiation pre-dispute to foresee and prevent risk.

Defended:

• Sellers of a multinational wastewater treatment company against breach of representation and warranty and fraud claims in a two-week jury trial in New York Supreme Court, commercial division. Jury verdict was limited to amounts that were admittedly owed and was subject to offset for defendant sellers.
• Midstream oil and gas joint venture against $100 million breach of contract claim in AAA arbitration. Movant’s recovery was limited to the amount admittedly owed, which was less than $1 million in total.
• Major automotive distributor against claims brought by a public auto group related to alleged employee raiding and breaches of common law and statutory duties. Plaintiffs, who were seeking damages in excess of $9 million, non-suited during the first week of trial.

Represented:

• Plaintiff/counter-defendant subcontractor as solo lead counsel in bench trial against property owner related to claims of breach of contract, DTPA and breach of express and implied warranties.
• Downhole technology company in AAA arbitration against claims of fraud related to a multimillion-dollar stock purchase transaction.

Personal Injury Litigation

Obtained:

• And negotiated pre-trial defense settlement of $20 million premises liability and negligence claim related to a fall that resulted in the Plaintiff breaking his spine and spending time in a coma.
• And negotiated defense settlement of $70 million wrongful death claim related to explosion of medical grade oxygen canister during voir dire.
• Take nothing settlement in defense of multimillion-dollar mental anguish and lost opportunity claims against automotive distributor arising from alleged theft of sensitive personal photos and information during automobile finance transaction.

Trade Secret Litigation

Obtained:

• Take nothing defense settlement of multi-generational trade secret and unfair competition litigation related to restaurant and consumer product industry after replacing prior counsel who had lost requests for both injunction and contempt.
• Settlement including punitive testing protocol as Plaintiff in case concerning unfair competition, misrepresentation, and FDA claims associated with consumer project certification and sales.
• Settlement of trade secret litigation, as plaintiff, for industrial health and safety services and training company.

Defended:

• Trade secret misappropriation and unfair competition case based on licensed trade secret rights and proprietary processes related to the creation and sale of sulfur dioxide.
• Online retailer in federal Lanham Act action regarding fair use of trade dress and trademark rights.

Represented:

• Large-scale chemical manufacturer in defense of trade secret formulas and related organic products used in generation and storage of electricity.
• Online photography retailer in enforcing trade secret, copyright and trade dress rights related to its software, technology and online services and sales presence.

Real Estate and Real Property Litigation

Obtained:

• Summary judgment dismissal of breach of contract case related to alleged violation of a right of first refusal affecting a lease and permanent easement for a cell tower facility. This was an issue of first impression in Texas.
• Summary judgment against a seller who was trying to retain escrow funds in a failed commercial real estate transaction.
• Sanctions equal to more than one-fifth of plaintiff’s damages against vexatious defendants in a residential real estate dispute.

Securities Investigations and Litigation

• Assisted in defense of SEC investigation related to corporate compliance and disclosure issues regarding executive compensation and corporate expenditures.
• Represented multimillion-dollar investment partnership as Plaintiff in federal jury trial related to alleged securities fraud.