Brian Oates

Practice Areas

Brian H. Oates is a trial lawyer capable of assisting clients with any legal issue they face. Over the last few years alone, Brian has served as lead trial attorney in multiple weeks’ long jury trials in federal and state courts around the country involving tens of millions of dollars. As a fifth generation Texan, Brian feels just at home in small town courtrooms in East and West Texas as he does in federal courts in the nation’s largest cities. He has also argued before various appellate courts, including the United States Court of Appeals for the Fifth Circuit and the Court of Appeals for the Fifth District of Texas. Brian routinely represents clients in trademark, oil and gas, and real estate disputes. His goal is to efficiently and strategically navigate clients through each phase of litigation and is not afraid to take the matter to the jury.

Brian’s trademark practice involves assisting clients with trademark registration, protection, licensing, cease and desist, and infringement matters, including representing clients in adversary proceedings before the Trademark Trial and Appeal Board. Brian has represented clients in trademark infringement lawsuits in every federal district court in Texas.

Brian’s oil and gas practice involves representing oil and gas companies, working interest owners, royalty interest owners, and landowners in a variety of contexts. He has handled cases involving disputes over joint operating agreements, overriding royalty interests, and lease termination. For example, Brian secured for his non-operator client a multi-million settlement stemming from an operator’s breach of a joint operating agreement and a million dollar settlement for an operator client stemming from an oilfield services company’s negligence during a workover. Brian has also been engaged by some of the largest landowners in West and South Texas to provide legal guidance.

Brian’s real estate practice includes representing a variety of property owners, including hotel and resort owners and real estate development companies, in breach of purchase and sale agreements, title, and operational issues. That experience also includes construction related issues, and Brian has handled numerous disputes with general contractors, subcontractors, and other lienholders.

In addition to advising clients that are pursuing and defending their rights in court, Brian has significant experience assisting entrepreneurs and businesses in all facets, from entity selection to day-to-day guidance on legal and operational issues. Brian has negotiated dozens of agreements for his clients, including purchase and sale agreements, licensing agreements, distribution agreements, commercial contracts, and facility use agreements.

Brian also utilizes his prior experience as a professional baseball player to assist athletes in all sports, including representing top 10 round picks in the Major League Baseball First Year Player Draft, advising National Basketball Association Lottery Picks, and providing guidance to those preparing for the National Football League’s Scouting Combine.

Brian earned his Doctor of Jurisprudence degree at Texas Tech University School of Law, where he graduated second in his class and received a number of honors, including induction into the Order of the Coif.

Before law school, Brian played professional baseball in the Seattle Mariners’ organization. These days, he carries out his love of sports through coaching his kids’ teams. Brian is married to a North Carolina Tar Heel, and they stay busy chasing their three young children.

Work Highlights

- Led trial team in five-week jury trial in Texas state court over eight-figure damages claim stemming from a franchise dispute that resulted in a take nothing judgment for the plaintiff.

- Led trial team in two-week jury trial in federal court regarding breach of contract claims with millions of dollars in damages.

- Argued multimillion-dollar appeal in New Orleans, Louisiana before the United States Court of Appeals for the Fifth Circuit.

- Secured multimillion-dollar settlement in trademark infringement lawsuit in the Eastern District of Texas.

- Prevailed in trademark infringement lawsuit in the Southern District of Texas resulting in corporate defendant changing its infringing name.

- Obtained judgment in client’s favor in dispute over breach of purchase and sale agreement for multiple hotel properties.

- Part of trial team resulting in million-dollar judgment for client in fraud case related to oil and gas investments.

- Won multimillion-dollar judgment in breach of contract case and affirmed on appeal.

- Secured dismissal from lawsuit for Florida company sued in Texas based on lack of jurisdiction and affirmed on appeal.