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Brian F. Antweil

Managing Partner, Houston
brian.antweil@kattenlaw.com
Houston Office
p+1.713.270.3423
f+1.713.583.9065
Overview

Brian Antweil is the managing partner and head of the Litigation practice of Katten's Houston office. He is a Chambers recognized trial lawyer, representing clients in a full range of business, commercial and tort cases in state and federal courts and domestic and international arbitrations. Brian has significant experience in energy, oil and gas, technology, shareholder and partnership, insurance/reinsurance, bankruptcy and restructuring, and intellectual property disputes.

A frequent speaker and author for bar and other trade and professional organizations, Brian is also an adjunct professor at the University of Houston Law Center, where he has taught Trial Advocacy for almost a decade.

Shown below is a selection of Brian’s engagements.

Experience
Commercial Litigation
  • Lead trial and appellate counsel for Formica Corporation; obtained a take-nothing judgment in a jury trial involving the termination of a distributorship agreement. Affirmed on appeal at Superior Laminate and Supply Co. v. Formica Corp., 93 S.W.3d 445 (Tex.App. - Houston [14th Dist.] 2002, writ denied).
Energy/Oil and Gas
  • Lead trial counsel in lawsuit involving preferential rights under oil and gas joint operating agreements and corresponding indemnity rights as between sellers and purchasers of the oil and gas assets. Case settled.
  • Lead counsel in numerous oil and gas-related matters involving leasehold termination, royalty and joint operating agreement disputes.
  • Lead counsel for one of the country's largest natural gas energy and petroleum companies in an arbitration involving a licensing dispute for the digitization of well logs; case settled.
  • Lead counsel for concession owner of exploration and development rights in Grenadian territorial waters and two of its seismic and development consultants sued for misappropriation of trade secrets. Case pending in Texas State Court.
  • Lead counsel for largest US natural gas producer in lawsuit over post-closing adjustments under PSA.
  • Lead trial and appellate counsel to one of the world's largest oil and gas seismic technology companies in a case of first impression under Texas law involving negligence and warranty issues arising out of a software defect. Obtained summary judgment that was affirmed on appeal. Hou-Tex, Inc. v. Landmark Graphics Corp., 26 S.W.3d 103 (Tex. App - Houston [14th Dist.] 2000, no writ).
Insolvency and Restructuring
  • Lead trial counsel for Americas Mining Corporation, the bankruptcy debtor's parent, in a five-week trial brought by the debtor for fraudulent transfer and various other claims stemming from the debtor's sale of a controlling interest in a subsidiary company. Key issues in the case involved the solvency of the debtor at the time of the transfer, as well as the value of the shares in the subsidiary company at the time of the transfer and the value of the consideration that the debtor received in exchange for the shares. Despite finding that the shares were transferred with the intent to defraud creditors, the US District Court for the Southern District of Texas found that the debtor received reasonably equivalent value for the shares. Asarco v. Americas Mining Corporation, 396 B.R. 278 (S.D. Tex. 2008).
  • Lead trial counsel in a bankruptcy adversary proceeding involving an administrative claim for approximately $200 million in federal and state income tax payments made on behalf of a debtor.
  • Part of a trial team that successfully obtained a bankruptcy court recommendation and district court confirmation of the client's $3.9 billion plan of reorganization over a competing plan in a four-week contested hearing.
  • Representation of a primary secured lender in bankruptcy adversary proceeding defending against claims brought by a working interest owner against a debtor/operator for the breach of a joint operating agreement. Favorable settlement cleared the way for confirmation of a lender-sponsored plan of reorganization.
Technology/Intellectual Property
  • Team head for AT&T response to Federal Communications Commission information requests in connection with a potential T-Mobile USA, Inc. merger.
  • Lead counsel in several patent infringement cases brought in the United States, Latin America and Europe for a variety of technologies, including micro arrays for life sciences research and diagnostics, real-time networked display systems utilizing Transmission Control Protocol/Internet Protocol (TCP/IP) communications, and oil mist lubrication systems.
  • Lead counsel for a Norwegian software company in a lawsuit involving termination of distributorship agreement. Case pending in New Mexico State Court.
  • Lead counsel for a Brazilian software company sued by a competitor for copyright infringement. Obtained dismissal of all claims.
  • Lead trial counsel in 10-day arbitration for a national supply chain software and technology company. Successfully defended claims for breach of software license and implementations agreements.
  • Lead trial counsel to a national payment processing company sued for e-trespass on a website. Defeated request for injunction and obtained stay of court proceeding in favor of mandatory arbitration.
  • Representation of one of the world's largest personal computer manufacturers in defense of false advertising claims brought by a competing national manufacturer under the Lanham Act.
Insurance/Reinsurance
  • Lead counsel to Asarco, Inc. defending $10 million indemnity claim brought by an insurance company under settlement agreement. Obtained summary judgment.
  • Lead counsel to HCC Employer Services, Inc. declaring rights to coverage under an errors and omissions insurance policy. Obtained summary judgment. HCC Employer Services, Inc. v. Westchester County Surplus Lines Ins. Co., 2006 WL 1663343 (S.D. Tex. 2006).
  • Lead counsel to HCC Insurance Holdings, Inc. against a reinsurer for coverage arising out of a forced evacuation of Universal Studios in Florida. Obtained summary judgment.
Shareholder and Partnership
  • Lead counsel for a Norwegian-owned software company in lawsuit involving rights and obligations under LLC agreement. Obtained $2.3 million interlocutory summary judgment by proving that evidence defendant provided in support of its response to motion for summary judgment constituted perjury. Remainder of case pending in New Mexico State Court.
  • Lead trial counsel for fifty percent shareholder of a successful consulting firm who was sued derivatively by the remaining fifty percent shareholder for breach of fiduciary duty and fraud. Successfully negotiated buyout of client leading to settlement of the case.
  • Lead trial counsel to a partnership that sued a former partner and co-conspirators for breach of fiduciary duty and fraud. Obtained a $1.5 million judgment in a two-week jury trial. Also obtained a take-nothing judgment on a $3 million counterclaim.
Real Estate
  • Lead trial and appellate counsel to Albertsons, Inc. in a case involving lease termination rights arising out of a partial taking under Texas' eminent domain power. Obtained summary judgment that was affirmed on appeal. Weingarten Realty Investors, Inc. v. Albertson's, Inc., 66 F. Supp. 2d (S.D. Tex. September 24, 1999), aff'd. 234 F.3d 28 (5th Cir. 2000).
  • Lead trial and appellate counsel for Tiger Truck, LLC in the successful defense of a $4 million real estate breach of contract claim brought by the property owner. Bruces Pulp and Paper, LLC v. Tiger Truck, LLC, 282 S.W.3d 176 (Tex. App. - Beaumont 2009, no writ).
  • Representation of Metropolitan Life Insurance Company in a jury trial brought by a real estate broker to recover $16 million in lease renewal commissions arising out of Enron Corporation's purchase of its 50-story Houston headquarters. Obtained a take-nothing judgment that was affirmed on appeal. Carpenter (Texas) Realty Corp. v. Metropolitan Life Ins. Co., et al., 974 S.W.2d 808 (Tex. App. - Houston, 14th Dist. 1998, writ denied) (second chair).
Pharmaceutical/Life Sciences
  • Lead counsel for a generic drug manufacturer in arbitration against a brand manufacturer over breach of a license agreement arising out of the generic's ANDA filing. The brand manufacturer sought almost $40 million in lost profit damages. The three-judge panel ruled in the generic manufacturer's favor and awarded no lost profits.
  • Lead counsel for a South Korean licensor of stem cell technology in a lawsuit with its North American licensee over breach of license agreement. Case settled in 2015.

Recognition

AV Preeminent Peer Review Rating by LexisNexis Martindale-Hubbell

Texas Bar Foundation

Texas Bar Foundation, Fellow
Chambers USA - Ranked In, Recognized Practitioner, 2017
Articles
June 20, 2012
Co-author, Mandatory Arbitration Clauses: Questioning Conventional Wisdom, American Bar Association's Litigation Trial Practice Committee
Winter 2011
Co-author, Using Technology to Meet Jurors' Expectations, Verdict
November 12, 2010
Co-author, Eight Tips for Obtaining (Un)favorable Admissions at Deposition, American Bar Association's Litigation Trial Practice Committee
Books
2011
Contributing Author, Rantings of a Partner… and Pushback from the Associate, American Bar Association/First Chair Press
Presentations
November 16, 2016
Panelist | Fiduciary and Ethical Duties of In-House Counsel in a Changing Legal Landscape | ACC Houston Ethics & Compliance Practice Group CLE | Houston, Texas
Brian F. Antweil

Education

  • JD, University of Houston Law Center
  • BBA, The University of Texas at Austin

Bar Admissions

  • Texas
  • New York
  • North Dakota

Court Admissions

  • US Supreme Court
  • US Court of Appeals, Fifth Circuit
  • US District Court, Eastern District of Texas
  • US District Court, Northern District of Texas
  • US District Court, Western District of Texas
  • US District Court, Southern District of Texas
  • US District Court, Eastern District of New York
  • US District Court, Southern District of New York

Recognition

AV Preeminent Peer Review Rating by LexisNexis Martindale-Hubbell

Texas Bar Foundation

Fellow
Chambers USA - Ranked In
Recognized Practitioner, 2017
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Memberships

  • American Bar Association, Trial Practice Committee, National Programs Subcommittee Co-chair
  • National Institute for Trial Advocacy, Instructor
  • United Way Tocqueville Society
  • Texas Cowboys Alumni Association