BRIAN P. LAUTEN


Brian P. Lauten

Brian's Profile

Brian Lauten P.C.

Attorney

blauten@brianlauten.com

(214) 414-0996

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

  • Cum Laude, Southern Methodist University School of Law

    • J.D. - 2001

  • Spring Hill College

    • B.S. Accounting/ M.B.A. Accounting Specialization - 1997

Published Law Review Works

  • Brian P. Lauten, Top 10 Emerging Issues in Business Torts, Vol. 44, No. 2 Tex. J. of Business Law, 177-204 (2012)

  • Brian P. Lauten, The Era of Trial by Paper:  When the Witness Re-Writes the Oral Deposition Testimony in the Errata Sheet, 8 Houston L. Rev. 126-138 (April 18, 2018).

Classes/Seminars

  • Numerous CLE's Business Torts, Texas State Bar

Honors and Awards

  • ABOTA Don Keenan Award, 2017

  • “Best Lawyers in Dallas”, D Magazine (2017 - 2024)

  • Texas Super Lawyers by Thomson Reuters (2004 - 2024)

  • John Howie Award, (2010)

  • Best Lawyers in America (2019 - 2024)

  • Fellow, Litigation Counsel of America

Professional Associations and Memberships

  • American Board of Trial Advocates, Associate/National Board Rep. (2010 - Present)

  • Mac Taylor American Inn of Court (2015 - present)

  • Member, Trial Law Institute

  • Member, Diversity Law Institute

Past Employment Positions

  • Deans & Lyons, P.C., Partner, 2014-2017

  • Sawicki & Lauten, LLP, Partner, 2008 - 2014​

  • The Lauten Firm, P.C., Shareholder, 2006 - 2014

Pro Bono Activities

  • Trial Lawyers Care - 911 Attacks, 2001 - 2002

On numerous occasions, Brian has been the Course Director, an instructor, and a prolific writer for the Texas State Bar's continuing legal education seminars on Business Torts, Fiduciary Litigation, Advanced Civil Trial, and Advanced Evidence. Brian is published in the law review literature 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).

Of note, Brian’s publication in the University of Houston Law Review on the rights and remedies that are triggered by oral deposition changes in the errata sheet has been widely disseminated to trial courts all across the state of Texas, it has been lauded as a scholarly resource by both plaintiff and defense lawyers, and it is the only secondary authority nationwide published on this highly important topic that continues to evolve in tort litigation.  See Brian P. Lauten, The Era of Trial by Paper:  When the Witness Re-Writes the Oral Deposition Testimony in the Errata Sheet, 8 Houston L. Rev. 126 (April 18, 2018).

Brian is a former Chair of both the Dallas Bar Association’s Trial Skills and Business Litigation Sections.  Brian is one of the associate editors of the Advocate, which is the scholarly law review publication produced by the Litigation Section of the Texas Bar Association.  Brian is a Bencher in the William "Mac" Taylor American Inn of Court. Brian is a past president of the Mesquite Bar Association.  Brian is licensed in Texas, Montana, and in Wyoming. 

​​​In his spare time, Brian enjoys spending time with his two children, fly-fishing, playing golf, wing shooting, and competing in marathons and triathlons.  Having grown up in Alabama, Brian is an avid fan of the Alabama Crimson Tide.  Brian is a parishioner at Saint Rita’s Catholic Church.

Brian has been listed as a Thomson Reuters Super Lawyer by Texas Monthly magazine every year since 2003 and has also been consistently listed on Thomson Reuters’ Top 100 in Texas list. Since 2015, Brian has been listed as one of the Best Lawyers in Dallas by D Magazine.  Brian has been listed in Best Lawyers in America every year since 2019.  Brian is a past recipient of the John Howie Award from the Dallas Trial Lawyers Association for the "Courageous Pursuit of Justice in the Face of Adversity." Brian is a past recipient of the Don Keenan Founders’ Award presented by the American Board of Trial Advocates (ABOTA) Foundation for tireless service to protecting the Seventh Amendment right to a civil jury trial.

Brian is currently serving another three year term as a member of the Texas Pattern Jury Charge committee on business torts, consumer, and employment litigation.  He is a member of the invitation only American Board of Trial Advocates (ABOTA), the invitation only Million Dollar Advocates forum, the invitation only National Trial Lawyers Association, and he is an invited Fellow, Litigation Counsel of America. Each organization recognizes the top tier trial lawyers in the country.  Brian is the Immediate Past President 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.

In addition to being a highly credentialed business and commercial trial lawyer, Brian is also an experienced appellate advocate, who has orally argued before both the United States and Texas Supreme Courts. Brian has been lead counsel in complex disputes before the United States Court of Appeals for the Fifth and Eighth Circuits, the Dallas, Fort Worth, Texarkana, Eastland, El Paso, San Antonio, Corpus Christi, and Amarillo courts of appeal. Of note, in 2013, Brian argued the landmark decision on Title VII retaliation in, Nassar vs. UTSW Medical Center, before the United States Supreme Court.

Published Cases

Huynh v. Blanchard
694 S.W.3d 648 (Tex.2024)  

University of Texas Southwestern Medical Center v. Nassar
133 S.Ct. 2517 (2013) 

Rieder v. Woods,
603 S.W.3d 86 (Tex. 2020)

Brewer v. Lennox Hearth Products, LLC
601 S.W.3d 704 (Tex. 2020)

Rogers v. Zanetti
518 S.W.3d 394 (Tex. 2017)

In Re Derailment Cases
416 F.3d 787 (8th Cir. 2005

Nassar v. UTSW
688 F.3d 211 (5th Cir. 2012) (en banc)

Nassar v. University of Texas Southwestern Medical Center
674 F.3d 448 (5th Cir. 2012)

In re Oncor Electric Delivery Co., LLC
601 S.W.3d 903 (Tex. App.—Dallas 2019, orig. proceeding)

Brewer v Lennox Hearth Products, LLC
546 S.W.3d 866 (Tex. App.—Amarillo  2018, pet. granted, rev’d)

Bar Admissions

Texas, 2001

U.S. Supreme Court

Montana, 2004

U.S. District Court, Northern District of Texas

Cum Laude, Southern Methodist University School of Law

J.D. - 2001

Wyoming, 2004

U.S. District Court, Eastern District of Texas

U.S. Court of Appeals, 5th Circuit

Education

Spring Hill College


B.S. Accounting/ M.B.A. Accounting Specialization - 1997

Published Law Review Works 

Brian P. Lauten, Top 10 Emerging Issues in Business Torts, Vol. 44, No. 2 Tex. J. of Business Law
177-204 (2012)  

Brian P. Lauten, The Era of Trial by Paper:  When the Witness Re-Writes the Oral Deposition Testimony in the Errata Sheet, 8 Houston L. Rev.
126-138 (April 18, 2018).

Classes/Seminars

Numerous CLE's Business Torts
Texas State Bar

Pro Bono Activities

Trial Lawyers Care / 911 Attacks, 2001 - 2002

Past Employment Positions

Deans & Lyons, P.C., Partner
2014-2017  

Sawicki & Lauten, LLP, Partner
2008 - 2014

The Lauten Firm, P.C., Shareholder
2006 - 2014