Get to Know

Brian N. Hail


Brian Hail is a Texas trial lawyer with years of in courtroom experience handling serious business disputes, fiduciary and fraud claims, employment-related claims, and other complex commercial litigation. Clients rely on Brian to fight aggressively for their interests, regardless of which side of a claim they're on. This includes other lawyers who regularly hire Brian when they're facing their own legal problems.

Brian's trial record includes 25+ multi-million-dollar judgments, verdicts or settlements, primarily in the state and federal courts of Texas.  The vast majority of  his experience has been in trial courts,  helping clients resolve issues involving :

  • Business disputes -  fraud and breach of fiduciary duties and contentious fights between partners in business deals, minority interest holders, clients owed a fiduciary duty, and contractual issues
  • Employment claims ­- issues involving non-competes, departing-employee issues, Title VII issues, and claims of trade secret misappropriation
  • Securities and shareholder litigation ­- class action certification and defense, 10b(5) fraud and fraudulent misrepresentation, officer/director representation, Sarbanes-Oxley officer’s defense and officer liability and defense, and prosecution of shareholder derivative suits

Brian also handles litigation and arbitration involving broker disputes, as well as wrongful death, catastrophic personal injury and defamation claims.

"I am known for being effective on my feet – in depositions, with juries and in the courtroom.  Many litigators don’t have a track record of standing in front of a jury and trying a case."  Believing it’s best for his clients, Brian often takes cases on a contingency fee basis, along with other alternative fee arrangements that share the risks and the rewards of going to trial. Brian adds, “I am always interested in aligning our approach with our client’s goals.”

These client stories are examples of Brian’s work:

"Major company persuades problematic distributors to honor their agreements" 

What our client was facing:  Our client,  a major Dallas-based company with a large distribution network for its products in the U.S. and Canada,­ had problems with a group of its distributors and franchisees.  The issues typically involved violations of the distributor agreements, such as selling counterfeit products, mistreating customers, not following environmental standards, and other threats to the brand and the goodwill of the company.

What we did:   We worked with the client and first quickly developed a plan that solved the problem and achieved its business goals, without litigation whenever possible, to get errant distributors back into compliance with their agreements.  Next, we reviewed the contracts carefully, interviewed witnesses and documented the facts, getting a clear understanding of the problem that the client could use persuasively in its dealings with its problem distributors.

Outcome:  The network-wide results ­ achieved throughout 2015 ­ varied according to the specific business goal and the context of the relationship with a particular distributor.  Sometimes it meant a peaceful termination of the agreement; sometimes it meant a court battle.

“A client's banking accounts unfrozen ­ quickly and effectively"

What our client was facing:  "I got a call one day from a long-time client of the firm in Dallas," Brian explained.  "They told me that their business bank accounts had been suddenly and inexplicably frozen . . . and that their business had been effectively shut down."

What we did:  "I sat down with the client over lunch and got a handle on the problem.  Then we walked over to a local branch of the client's bank and I reached out to the bank's General Counsel.  It took some perseverance, but I asked for and got the decision maker on the phone on the spot and together we found the issue and fixed it."

Outcome:  "It took less than three hours to unfreeze the client's bank accounts from the time I got their initial call."

Representative Experience

Awards listed are net of attorneys' fees and expenses.

  • Obtained over 25 multi-million dollar judgments, verdicts or settlements for plaintiffs in business and employment matters, and recovered net settlement proceeds in various plaintiff's litigation for the clients in excess of $100 million.
  • Served as trial counsel in numerous business, contractual and employment claims resulting in multi-million dollar plaintiff's judgments and jury verdicts, including wins for:
    • A defrauded limited partner for one of the initial investors in Blockbuster Entertainment Corporation
    • A purchaser of luxury jet aircraft completions in 2013
    • A commercial litigation against Shell Oil Company
    • An employment case against Roche Pharmaceutical
    • The breach of a sizable commission agreement