Brian P. Lauten

Brian P. Lauten

Partner

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Brian P. Lauten is a JD/MBA who is a triple Board Certified business trial lawyer. Lauten is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, Board Certified in Civil Trial Advocacy by the National Board of Trial Advocacy, and Board Certified in Civil Pretrial Practice Advocacy by the National Board of Civil Pretrial Practice Advocacy. Lauten practices in the areas of business torts, commercial litigation, legal malpractice, including fee disputes, professional liability, fiduciary litigation, contract disputes including non-competes and trade secrets, and labor and employment litigation. Lauten is also a highly experienced appellate advocate who has handled complex appeals before the United States Supreme Court, the United States Court of Appeals for the Fifth Circuit, the Texas Supreme Court, the Dallas Court of Appeals, the Fort Worth Court of Appeals, the Texarkana Court of Appeals, the Eastland Court of Appeals, the El Paso Court of Appeals, the San Antonio Court of Appeals, the Corpus Christi Court of Appeals, and the Amarillo Court of Appeals.

Lauten has been listed as a Super Lawyer by Texas Monthly magazine every year since 2003. In 2015 and 2016, Lauten was listed as one of the Best Lawyers in Dallas by D Magazine. In 2010, Lauten was the recipient of the John Howie Award from the Dallas Trial Lawyers for the "Courageous Pursuit of Justice in the Face of Adversity." In 2013, Lauten argued Nassar vs. UTSW Medical Center before the United States Supreme Court.

Lauten is an invited member of the American Board of Trial Advocates (ABOTA), the Million Dollar Advocates forum, and the National Trial Lawyers Association. Each organization are invitation only that recognize the top tier trial lawyers in the country. Lauten serves on the Executive Committee of the Dallas Chapter of ABOTA, he is a National Board Representative for the Dallas Chapter of ABOTA, and he is a member of the TEX-ABOTA Board of Directors. On multiple occasions, Lauten has been the Course Director for the Texas State Bar's continuing legal education seminars on Business Torts, Fiduciary Litigation Damages, and Advanced Evidence. Lauten is law review published in the area of Business and Commercial Torts. See Top 10 Emerging Issues in Business Torts, Vol. 44, No. 2 Tex. J. of Business Law, p. 177-204 (2012).

Lauten is a former Board of Director for the Dallas Trial Lawyers Association, he is a past Advocates Chair and a member of the Texas Trial Lawyers Association, and he is a member of the American Association for Justice (AAJ), formerly known as the Association of Trial Lawyers of America. Lauten serves on the Bench Bar and Judiciary Committees of the Dallas Bar Association, and is on the Council for the Dallas Bar Association's Business Litigation section. Lauten is a Barrister in the William "Mac" Taylor American Inn of Court. Lauten is a past president of the Mesquite Bar Association. Lauten is a prolific writer and a frequent speaker in the areas of business torts, fiduciary litigation, and the jury charge. Lauten is licensed in Texas, Montana, and Wyoming.

Areas of Practice

  • Appeals
  • Business Litigation
  • Employment Law
  • Professional Liability

Certified Legal Specialties

  • Civil Trial Law, Civil Trial Law Advocacy, Pretrial Practice, Texas Board of Legal Specialization National Board of Trial Advocacy/National Board of Civil Pretrial, 2011

Bar Admissions

  • Texas, 2001
  • Wyoming, 2004
  • Montana, 2004
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Supreme Court

Education

  • Southern Methodist University School of Law
    • J.D. - 2001
  • Spring Hill College
    • B.S. Accounting/ M.B.A. Accounting Specialization - 1997

Published Works

  • Top 10 Emerging Issues in Business Torts, Vol. 44, No. 2 Tex. J. of Business Law, p. 177-204, 2012

Representative Cases

Classes/Seminars

  • Numerous CLE's Business Torts, Texas State Bar

Honors and Awards

  • John Howie Award, 2010

Professional Associations and Memberships

  • American Board of Trial Advocates, Associate/National Board Rep., 2010 - Present
  • Texas Trial Lawyers Association, Member, 2001 - Present

Past Employment Positions

  • Sawicki & Lauten, LLP, Partner, 2008 - 2014
  • The Lauten Firm, P.C., Shareholder, 2006 - 2014

Pro Bono Activities

  • Trial Lawyers Care - 911 Attacks, 2001 - 2002

Diffuse Tensor Imaging & Advanced Imaging Techniques

One of the biggest hurdles brain injury victims have in personal injury and products liability cases is quantifying the degree of injury to the jury. If a jury can’t feel or discern the extent of a person’s injuries, they are less inclined to award damages. We have effectively utilized cutting-edge advanced imaging techniques such and diffuse tensor imaging or DTI in cases involving brain injuries. With this technology, a jury can confirm that an individual has no injury and should not be awarded damages for a significant brain injury or, alternatively, such as in the case of the example provided, that the individual has suffered injuries throughout the brain. When paired with a history of trauma and an absence of some other explanation, this evidence has become the gold standard for confirming brain injuries. You can click on the player to see a 3-D rendering of the brain made by DTI.

Trial Animations

Trial animations can be incredibly impactful if used properly. Sometimes a concept or complex scenario is described, but only a picture can shed light on what really happened. Having the ability to show and explain a client’s position using trial animations is a compelling way to get the point across. Understanding the proper way to create and utilize these tools is just as important as putting together the evidence that supports them. Often times, a creative animation can be the difference in having a successful outcome at trial.

Trial Illustrations

Presenting information that a jury can see and understand is so critical to a good outcome at trial. Whether it's understanding the gravity of a particular injury or ascertaining how an accident sequence occurred, proper illustrations that call the jury, judge or arbitrator's attention to what's important in a way that is impactful is a critical component to our trial teams. Here are some examples of our trial illustrations.

View Illustrations

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(844) 297-8898

Let us help you navigate the perilous and uncertain landscape of litigation. We can make a difference.

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