Daniel O’Brien

Civil Attorney Austin Tx

Address: 13062 Highway 290 West, Suite 204, Austin, Texas 78737

Phone: (512) 615-3580

Fax: (512) 615-3586

Email: dob@danielobrienlaw.com

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Dan O’Brien is a civil attorney in Southwest Austin who represents corporate and individual clients in a diverse docket of state and federal cases throughout Texas.  His experience includes a wide range of civil and commercial litigation matters, including real estate fraud, commercial and residential lease matters, business torts, partnership disputes, commercial collection actions, construction defects, contract actions, oil and gas disputes, trademark infringement, and deceptive trade practice actions.  Mr. O’Brien also handles litigation cases involving significant personal injuries and property damage representing both plaintiffs and defendants.  Dan assists clients with business formations, drafting of partnership agreements, contracts, asset purchase agreements, real estate conveyances, and commercial and residential leases.

Before starting his own firm, Dan worked for over seven years in the commercial litigation and general litigation sections of two large law firms, including the Commercial Litigation section of Clark Thomas & Winters, P.C., one the largest firms in Austin’s history.  Following law school, Dan served as briefing attorney to Justice Davie L. Wilson on the Texas First Court of Appeals where he assisted in the drafting of appellate opinions concerning civil, criminal and family law matters. Dan is married to a local physician, Angela Gibson O’Brien. They have one daughter in the Dripping Springs Independent School District.

Dan’s representative experience includes:

Appeals

  • Substantial work on over 60 criminal and civil appeals while serving as law clerk / briefing attorney at the First Court of Appeals in Houston, Texas.
  • Represent judgment creditors in appeal taken against partnership in garnishment action.  Favorable settlement resulted in safeguarding of assets owned by individual partners.
  • Represent individual in partnership dispute after judgment taken against client.  Results included granting of motion for new trial and court’s order vacating judgment against client in excess of $300,000.00.
  • Assisted national restaurant chain in litigation of claims and appeal of order of dismissal to Fifth Circuit Court of Appeals by individual. Dismissal obtained in trial court affirmed on appeal.

Automotive

  • Represent car dealership in declaratory judgment action against financing division of major automobile manufacturer.  Obtained summary judgment and dismissal of resulting appeal filed by manufacturer.

Commercial Litigation and General Civil Litigation

  • Represent consultant in action against real estate developer in breach of contract action for failure to pay earned fees. Judgment obtained in favor of client following bench trial.
  • Prosecuted and successfully resolved multi-million dollar dispute with global financial services company regarding synthetic lease of jet aircraft.
  • Represent shareholder and officer in dispute with fellow shareholder regarding operation of gas station and defense of improperly filed claims by Texas Commission on Environmental Quality.  Dismissal of administrative law matters obtained in favor of client.
  • Assisted in obtaining summary judgment in favor of commercial landowner in federal court lawsuit involving section 1983 claims.
  • Represent individual defendant in claim brought under Texas identity theft statute.  Obtained dismissal with prejudice for client before trial in county court action and summary judgment in favor of client in related district court action.
  • Obtained summary judgment in favor of judgment creditor against defendant’s related entities in declaratory judgment to pierce corporate veil of judgment debtor.
  • Represent financial institution in garnishment and turnover actions, including claims related to repossession of vehicles.
  • Advise corporate clients regarding privacy issues related to investigation of employees suspected of breaches of fiduciary duty.
  • Obtained judgments against multiple employees who embezzled funds from employers.
  • Represent commercial client against utility provider regarding claims of fraudulent inducement into utilities contract.  Obtained favorable settlement for client.
  • Represent commercial business in bad faith claims against insurer for delay in payment of policy proceeds and refusal to provide coverage.  Settled case for 98% of claim at mediation following filing of motion for summary judgment.

Intellectual Property

  • Represent national and international beauty and haircare manufacturer in trademark infringement and unfair competition action against Nevada-based distributor.  Favorable settlement obtained.
  • Represent national and international beauty and haircare manufacturer in trademark infringement action against Chinese counterfeiter.
  • Represent medical technology manufacturer in trademark, copyright, patent infringement, and theft of trade secrets case.  Dismissal obtained before trial.

Personal Injury / Products Liability

  • Represent party injured in automobile accident.  Obtained judgment for client following jury trial.
  • Represent medical profession in defamation dispute.  Favorable settlement obtained for client, including full public retraction and apology by lawyer-defendant.
  • Represent national restaurant chain in federal lawsuit as local counsel on breach of contract and discrimination claims.  Dismissal obtained at trial court level, with decision affirmed on appeal.
  • Represent individual against water park and slide manufacturer for injuries sustained on illegally operated water slide.  Favorable settlement obtained for client at mediation.
  • Represent national retail housewares company in defense of premises liability claims
  • Represent restaurant in wrongful death lawsuit. Summary judgment obtained in favor of client.
  • Assisted in defense of numerous claims filed in state and federal court against a major pharmaceutical company regarding diet drug dispute.

Probate / Estates

  • Assisted in successfully settling trust dispute involving over $50,000,000 in assets, including multiple, competing temporary injunctions in county court at law and district court, mandamus action, and interlocutory appeals.
  • Representation of heirs in federal court interpleader action in dispute over life insurance proceeds and application of ERISA laws.  Obtained favorable settlement for client when retained less than 48 hours before court-mandated mediation.
  • Represent trustee of family trust in dispute with family members regarding alleged breach of prior settlement agreement negotiated by prior counsel.
  • Successfully defended and resolved action by charitable organization against family trust and estate of donor when charitable organization sought to collect charitable donation twice.
  • Administration of estates.

Real Estate

  • Represent homeowners’ association in inverse condemnation claims against municipal government resulting in multi-million dollar settlement of claims and buyout of damaged property by municipality.  (Actual recovery was over $4,100,000 after deducting attorneys’ fees and court costs).
  • Represent property owner in dispute regarding oil and gas reservation.  Assisted in obtaining successful settlement of real estate fraud claims involving oil and gas lease of approximately $1,000,000 (settlement includes immediate payment of $229,893.34 to client after deducting attorneys’ fees and costs, division of mineral interests, and expected future payments of royalties based on expert’s market projection at time of settlement.)
  • Represent an outlet mall in San Marcos, Texas with over 750,000 square feet of retail space in tenant disputes, including pre-suit negotiations, all phases of litigation, and mediations.
  • Represent real estate developer in arbitration action by homeowners’ association related to cost-sharing of community amenities, including community airstrip.
  • Represent purchasers of real property in fraud actions against sellers for failing to convey property as required under contracts for deed.  Judgments obtained included adjudications of title in favor of clients and award of punitive damages against sellers.
  • Prosecuted and successfully resolved dispute against national commercial developer regarding sale of property involving 1031 tax-deferred exchange.

PRACTICE AREAS


EDUCATION

  • Baylor University School of Law, J.D. (2001)
  • The University of Texas at Austin, B.A. Economics & History (1996)
  • The University of Texas at Austin - The Center for Public Policy Dispute Resolution Center, Mediation Training (2009)
  • Advanced Alternative Dispute Resolution Training, Family Law Mediation (2009)

HONORS AND AWARDS

  • Recognized as a Texas Rising Star, a Thomson Reuters service, as published in Texas Monthly Magazine (2010 – 2012)
  • Included in the Top Attorney list for Litigation by
    Fort Worth, Texas – The City's Magazine (2007-2008, 2011-2012, 2014-2016)
  • Life Member, Multi-Million Dollar Advocates Forum and Million Dollar Advocates Forum

BAR ADMISSIONS & ASSOCIATIONS

  • State Bar of Texas
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • Hays County Bar Association

Professional and Civic Associations

  • North Hays County Emergency Services District No. 1, Commissioner and Assistant Treasurer (2017-present); Finance Committee (2017-present). ESD No. 1 is the governmental body responsible for providing emergency medical services to more than 35,000 residents in 244 square miles of Hays County, Texas
  • Hays County Bar Association, Board Member and Secretary (2017-present)
  • HCWC (Hays-Caldwell Women’s Center) and Roxanne's House, Board Member (2013 - present); Finance Committee (2013-2015); Public Awareness Committee (2015 - present); Dating Violence Mock Trial for Dripping Springs High School, Volunteer and Sponsor (2014 - present). HCWC and Roxanne's House are non-profit organizations serving victims of child abuse, family violence, and sexual assault in Central Texas
  • Belterra Community Association, Inc., a non-profit homeowners' association comprised of 1,600 homes near Austin, Texas, President (2015 - 2016), Board Member (2013 - present)
  • Dripping Springs Chamber of Commerce, Economic Development Committee (2017 - present); Leadership Dripping Springs, Graduate Inaugural Class (2016); Member (2013 - present)
  • The College of the State Bar of Texas, Past Member
  • Austin Young Men’s Business League (YMBL), Past Member (2003-2006).  YMBL is an organization benefiting the Austin Sunshine Camps, which provide opportunities to low-income boys and girls in Central Texas
  • Volunteer Legal Services of Austin, Volunteer Attorney (2002-2006)

Publications & Speaking Engagements

  • "Challenges of Non-Profit Organizations," Speaker, Dripping Springs Chamber of Commerce, Leadership Dripping Springs Course on Non-Profits (2017)
  • “Guardianship," Moderator, Hays County Bench-Bar Conference (2016)
  • “They Stole My Identity. Now What Do I Do? – An Overview of the Texas Identity Theft Enforcement and Protection Act,” Hays County Bar Association (2013)
  • “Lawyers Still Trying to Do Math: Proportionate Responsibility, Including the New HB4,” 2005 Update, Co-Author: Craig Duewall; Austin Young Lawyers’ Association CLE (Las Vegas)