Kevin Brown

Partner

Kevin Brown is a trial lawyer with significant experience in complex business litigation, mediation and arbitration. His experience includes contract and real estate disputes, healthcare litigation, false advertising, defamation, right of publicity, copyright and trademark infringement, trade secret misappropriation, construction disputes, employment litigation and general business torts.

Mr. Brown has more than twenty-five years of experience representing individuals and companies in the media, entertainment, healthcare, retail and other industries.

Previously, Mr. Brown was a partner with Holland & Knight LLP in Austin, Texas. He also practiced with Orrick and Pryor Cashman in New York City.

• The University of Texas School of Law, J.D.
• Northwestern University, B.A., cum laude

• Leadership Austin Essential Class, Alumnus, Class of 2013
• Meritas Leadership Institute, Class of 2012 Co-Chair
• Texas Bar Foundation, Fellow
• Austin Bar Foundation, Fellow

• All U.S. District Courts in New York
• All U.S. District Courts in Texas
• U.S. Court of Appeals for the Fifth Circuit
• U.S. Supreme Court

Publications
• “Hold My Beer! Browns Get Doused with Lawsuit in Mistaken Identity Case” in Sports Law Alert, November 22, 2019
• “Hanley vs. Tampa Bay Sports and Entertainment LLC: Putting the Telephone Consumer Protection Act on ‘Ice’?” in Sports Law Expert, June 22, 2019
• “Legal and Marketing Departments Must Work as a Team for Brand Protection and Promotion in the Sports Industry” in Professional Sports and the Law, April 19, 2019
• “Marketing law predictions for 2019,” Client Alert, February 18, 2019

Presentations
• “Top Ten Dos and Don’ts for Intellectual Property In Business,” Texas Women in Business Austin, September 2022
• “Hot Issues In Entertainment Law,” Co-Presenter, ABA Forum on Communications Laws Annual Conference, February 2022
• “Legal Issues for Photographers,” Association of Texas Photography Instructors Winter Conference, February 2020
• “Brand Consciousness for Lawyers,” Co-Presenter, Waller Retail Law Symposium, September 2019
• “Brand Protection and Promotion in the Viral Media World,” Co-Presenter, Waller Retail Law Symposium, September 2018
• “Marketing, Communications and Legal Strategies: Working in Tandem in the Viral Media World,” Co-Presenter, Association of Corporate Counsel, Austin Chapter, May 2018
• “Legal Issues for Photographers,” Association of Texas Photography Instructors Winter Conference, February 2018
• “Marketing Liability in the Digital Age: Tales from the Trenches and Best Practices,” Co-Presenter, Association of Corporate Counsel, Austin Chapter, December 2017
• “Online Marketing: Legal Pitfalls and Best Practices,” American Marketing Association, Austin Chapter, March 2017
• “We Can Do That . . . Can’t We? Avoiding Legal Pitfalls When Branding and Rebranding in the Digital Age,” American Marketing Association, Knoxville Chapter, September 2016
• “Athletes and the Right of Publicity,” Tennessee Intellectual Property Law Association Spring Symposium, 2016
• “Legal Issues for Photographers,” Guest Lecturer, Austin Community College, 2012-201

• Downtown Austin Alliance, Board of Directors, 2016-Present (Current Vice-Chair)
• MINDPOP, Board of Directors, 2013-Present
• Art Alliance Austin, Board of Directors, 2011-2013
• VSA Texas, President, Board of Directors, 2007-2009
• Sound.Soul, Participating Artist

Intellectual Property, Media and Entertainment

• Represented publicly traded company in false advertising lawsuit against company related to scientific commercial speech.
• Represented an online foreclosure listing service in a trademark infringement action against a competitor.
• Represented a major motion picture studio in a copyright infringement action involving the unauthorized use of a protected character by another filmmaker.
• Represented individuals in disputes with their former spouses regarding potential defamation, privacy invasions, tortious interference and other claims.
• Defended the executive director of a social services organization in defamation action brought by former clinician of the organization.

Healthcare

• Represented national physician practice management company in dispute with former physician arising from the company’s acquisition of the physician’s practice.
• Represented an Austin-based medical practice in suing a former doctor-employee for failure to reimburse the practice after the employee failed to work the full employment term after sale.
• Represented a national dermatology practice in filing a declaratory judgment action against a former employee to confirm that the practice did not owe any incentive payments to a former employee, and the employee countersued.
• Represented a Houston-based surgical staffing agency in filing a lawsuit against two former employees for unfair competition and wrongful diversion of business opportunities.

General Commercial

• Represented company in lawsuits with former consultant and co-founder concerning exercise of company option rights
• Represented company in an arbitration proceeding with former software integration consultant.
• Represented a Texas-based insurance agency in a lawsuit against a national surety for breach of contract and violations of the Texas Insurance Code.
• Secured final judgment in litigation proceedings to recover over $3 million in stolen funds for a payroll company.
• Represented a Taiwanese product supplier in connection with contract and warranty action brought by a Texas-based manufacturer.
• Defended a seller of educational software against a purchaser of the product alleging contractual warranty and representation breaches.
• Represented an ex-wife in a $1 million divorce dispute with her former spouse concerning enforcement of contract and fiduciary rights under their divorce decree.

• Best Lawyers in America , Commercial Litigation, 2018-2024; Copyright Law, 2023-24; Litigation – Construction, 2024
• Top Attorneys, Austin Monthly, 2023
• Texas Super Lawyers magazine, 2014-2019
• Rising Star, Texas Super Lawyers magazine, 2009-2013