Bradley M. Kirklin | Partner

Since 2004, Brad has been a practicing trial lawyer representing clients in state and federal courts in Texas and in arbitrations throughout the United States.  During the course of his career, Brad has handled a wide breadth of civil litigation currently focusing his practice on matters in the securities industry, oil & gas disputes, and complex commercial litigation.  He has significant experience advising Financial Advisors and financial institutions in employment disputes including FA terminations, U-5 language, promissory note disputes, and Protocol/Non-Protocol transitions.  Brad has tried numerous FINRA arbitrations.  Brad also has extensive experience with catastrophic torts, real estate, corporate raiding, workers compensation, warranties, products and premises liability, whistleblower and defamation.

Prior to joining Levinthal • Wilkins, Brad worked at the commercial, securities, and oil & gas litigation boutique, Watt Beckworth Thompson & Henneman LLP.  At Watt Beckworth, Brad’s practice focused primarily on representing both sides of the bar in FINRA arbitrations, oil & gas disputes, commercial disputes and catastrophic personal injury matters.

Brad was born and raised in Houston and is a proud alum of Episcopal High School.  He obtained his undergraduate degree in finance from the University of Texas and then his law degree from the University of Houston Law Center.  In between college and law school, Brad worked in the litigation advisory group for Ernst & Young LLP, where their practice focused on providing expert financial analysis to litigants.

Brad is married to Natalie, an educator in Houston, and they are enjoying raising three kids, two precocious daughters, Annabeth and Lauren, and their baby brother, Mac.  In his free time, Brad enjoys the outdoors, exercising, and attempting to play golf, though he is much more successful at watching it.

Representative Matters

Trial/Arbitration Highlights

  • First chair FINRA breach of contract case on behalf of claimant financial institution. Result: Panel entered an award for $356,000 in contract damages, interest, and attorneys’ fees in favor of financial institution.
  • First chair FINRA breach of contract case on behalf of claimant financial institution. Result: Panel entered an award for $250,000 in contract damages, interest and attorneys’ fees in favor of financial institution and dismissed all counterclaims where respondent sought $900,000.
  • First Chair FINRA breach of contract case on behalf of claimant financial institution. Result: Arbitrator entered an award of $114,000 in contract damages, interest, and attorneys’ fees and costs on behalf of the financial institution and dismissed defamation, deceptive trade practices, and tortious interference counterclaims where Respondent sought $1.7 million in damages.
  • Co-first chair jury trial in state district court in Harris County on behalf of major airline defendant; case settled favorably after closing arguments.
  • Co-first chair FINRA arbitration on individual claimant seeking recovery of funds lost due to mismanagement; case settled favorably after opening statements and claimant’s testimony.
  • Successfully defended two financial advisors from temporary and permanent injunctive relief sought by their former employer in Harris County District Court.
  • First chair bench trial in a homeowner/homeowners’ association dispute winning a judgment in favor of the homeowner in state county court.
  • Second chair jury trial on behalf of a plaintiff suing on a breach of contract action and recovered attorneys’ fees.
  • Second chair jury trial on behalf of an injured plaintiff and obtained plaintiff’s verdict.
  • Second chair jury trial on behalf of defendant hospital system that successfully resolved after the plaintiff rested.

Business/Securities Industry Related Disputes

  • Representation of individuals, Financial Advisors and financial institutions in FINRA arbitrations.
  • Representation of Financial Advisors on Protocol and Non-Protocol transitions.
  • Representation of Financial Advisors and financial institutions in promissory note disputes.
  • Representation of Financial Advisors and financial institutions in U-5 and expungement related disputes.
  • Representation of Financial Advisors and financial institutions in employment disputes.
  • Representation of commercial bank in corporate raiding cases.
  • Representation of investment bankers in corporate raiding arbitration.
  • Representation of real estate broker to recover commission for a large tract of land in Washington County, Texas.
  • Representation of technology companies on claims of misappropriation of trade secrets and breach of contract.
  • Representation of municipal utility districts in multiple contract disputes with customers.
  • Representation of major insurance company in dispute with supplier of drugs and medical services that plaintiff claims were “pre-approved” by the insurance company.
  • Representation of general contractor in dispute with commercial bank.
  • Representation of an individual in a business divorce matter.

Oil and Gas

  • Representation of operator in title disputes over certain lands in Rusk County, Texas and Panola County, Texas.
  • Representation of operator in royalty disputes.
  • Representation of operator in a dispute with lessors regarding an interpretation of an area of mutual interest and subsequent non-payment of overriding royalties and bonus payments.
  • Representation of a royalty owner in a dispute with a lessee regarding accounting of post-production costs.
  • Advise operator regarding suspending and then releasing suspended payments in a dispute between royalty owners.
  • Representation of royalty owner in a dispute with an operator refusing to pay royalty because of alleged dispute between royalty owners.
  • Representation of non-consenting working interest owner in dispute over payout to re-enter the well.
  • Representation of landowner in obstruction lawsuit.
  • Representation of landowner in negotiating a seismic permit with operator.
  • Representation of Texas based LLC in negotiating brokerage agreement with members of the Three Affiliated Tribes on the Fort Berthold Indian Reservation in North Dakota.
  • Representation of oilfield pipe company in ownership dispute.
  • Representation of oilfield pipe company in multiple breach of contract, payment disputes.
  • Representation of working interest owners in joint audit.

Tort Litigation

  • Representation of large hospital system in workers compensation non-subscriber cases.
  • Representation of a bus manufacturer in wrongful death and personal injury cases.
  • Representation of drilling contractors in wrongful death and personal injury cases.
  • Representation of major airline in personal injury cases.
  • Representation of engine manufacturer in products liability cases.
  • Representation of restaurant chain in premises liability cases.
  • Representation of large public entity in wrongful discharge, defamation and whistleblower matters.
  • Representation of Texas news organization against defamation related allegations.
  • Representation of a major energy corporation in multiple tort cases, including wrongful death.

EDUCATION

University of Houston Law Center, J.D., 2004

University of Texas, B.B.A., Finance, 1999

PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS

  • Houston Bar Association, Oil, Gas & Mineral Section, Member
  • State Bar of Texas, Member

BAR ADMISSIONS

  • Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Western District of Texas
  • United States District Court for the Northern District of Texas

CIVIC INVOLVEMENT

  • Bo’s Place
  • Church of St. John the Divine
  • Bayou Breakfast Club
  • Episcopal High School Alumni Directors’ Council | President 2016-17


Bradley Kirklin
2323 S. Shepherd Drive, Suite 1000
Houston, Texas 77019
T: (713) 275-9700
F: (713) 275-9701
E: kirklin@levinthalwilkins.com

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