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Brian J. O'Toole
Partner
Practice Concentration & Experience
Mr. O'Toole's practice consists primarily of commercial litigation on behalf of Plaintiffs and Defendants in all state and federal courts, including bankruptcy court. He welcomes the opportunity to take lawsuits to trial and has been lead counsel in over forty bench and jury trials, primarily in business disputes including contracts, internal corporate shareholder and partnership disputes, real estate, trade secrets, labor and employment, and deceptive trade practices. He has also participated, as lead counsel and second-chair, in litigation and contested administrative proceedings involving the Texas Commission on Environmental Quality, the Texas Lottery Commission, the Texas Racing Commission and the Texas Department of Banking.
A significant part of Mr. O'Toole's practice includes transactional work for businesses and individuals, including formation of corporations, partnerships and limited liability companies and drafting commercial transaction documents such as asset sales agreements, leases, employment contracts, nondisclosure agreements, shareholder agreements, notes and security agreements.
Mr. O'Toole practiced as a Certified Public Accountant prior to law school and applies his knowledge and understanding of financial matters to each engagement.
Significant cases include:
In re Texas Industries, Inc. Represented cement manufacturer in contested application for permit to burn hazardous waste at cement kiln in Midlothian, Texas. Longest trial in the history of SOAH resulted in granting of permit. Primarily responsible for all risk-assessment issues in the case, including presenting and cross examining expert witnesses.
State of Texas v. GameTech International, Inc. and Trend Gaming Systems, L.L.C. Represented publicly held manufacturer and private distributor of electronic bingo equipment in license suspension and/or revocation proceeding by the Texas Lottery Commission. Trial resulted in complete defense verdict.
Education
University of Oklahoma
BBA – Accounting 1987
Southern Methodist University School of Law
Juris Doctor (1991)
Editor, Southwestern Law Journal
Prior Professional Affiliations
Kasling, O’Toole, Hemphill & Dolezal, LLP
February, 2001 to March 2007.
Law Offices of Brian J. O’Toole
January, 2000 through February, 2001.
Jenkens & Gilchrist, P.C. – Austin, Texas
May, 1994 through January, 2000.
Strasburger & Price – Dallas, Texas
September, 1991 through May, 1994
Licenses & Admissions
Admitted to the Texas Bar November, 1991.
Supreme Court of Texas.
United States District Courts for the Western, Southern and Northern Districts.
United States Court of Appeals for the 5th Circuit.
Certified Public Accountant (State of Florida 1988, not currently active). |
