Brian J. O'Toole

Brian J. O'Toole

Austin, Texas

Brian is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization and has been lead counsel in over 40 bench and jury trials in business disputes including:

  • Contracts
  • Internal corporate in business disputes including contracts
  • Internal corporate shareholder and partnership disputes
  • Real estate, trade secrets, labor and employment, and deceptive trade practices
  • As an experienced Certified Public Accountant, Brian has formed a particular expertise in litigation matters involving complex accounting and financial transactions.

Brian has also participated as lead litigation and counsel in contested administrative proceedings with:

  • The Texas Commission on Environmental Quality
  • The Texas Lottery Commission
  • The Racing Commission
  • The Texas Department of Banking
  • The Texas Public Utility Commission

A significant part of Brian’s practice includes:

  • Transactional work for businesses and individuals, including formation of corporations, partnerships and limited liability companies;
  • Drafting commercial transaction documents such as asset sales agreements, leases, employment contracts, nondisclosure agreements, shareholder agreements, notes and security agreements.

Recent representations by Brian include:

  • Trademark Infringement:  Represented international import company in the prosecution of infringer on trademark in federal court in Northern District of Texas.  Case remains pending.
  • Breach of Distribution Agreement:  Represented national product broker in dispute with out of state distributor concerning placement of products in Walmart in district court in California.  Case settled days before trial.
  • Partnership Dispute: Represented major developer in defense of breach of contract and breach of fiduciary duty claims all the way to Texas Supreme Court where decision at trial court was reversed and rendered in favor of developer client.
  • Shareholder dispute:  Represented minority shareholder against majority shareholder in dispute concerning medical practice filed in District Court in Tarrant County.  Case settled before trial.
    Breach of contract and breach of fiduciary duty:  Represented claimant in land dispute pending in Travis County Probate Court.
  • Represented the Federal Energy Regulatory Commission (FERC)-approved Regional Entity for the Electric Reliability Council of Texas (ERCOT) in a contested hearing before the Texas Public Utility Commission to enforce compliance with North American Reliability Corporation (NERC) standards.  Case remains pending.
  • Drafting complex distribution agreements for national brokerage company to place products in Walmart.

Areas of Practice

  • Commercial litigation including contract and partnership disputes
  • Intellectual property litigation
  • Corporate fiduciary litigation
  • Securities litigation
  • Contract drafting
  • Entity formation
  • Contested administrative hearings

Certified Legal Specialties

  • Board Certified in Civil Trial Law, Texas Board of Legal Specialization

Bar Admissions

  • Texas, 1991
  • Supreme Court of Texas
  • U.S. District Court Western District of Texas
  • U.S. District Court Southern District of Texas
  • U.S. District Court Northern District of Texas
  • U.S. Court of Appeals 5th Circuit


  • Southern Methodist University School of Law, Dallas, Texas
    • J.D. - 1991
    • Law Journal: Southwestern Law Journal, Editor
  • University of Oklahoma
    • B.B.A. - 1987
    • Major: Accounting

Professional Associations and Memberships

  • Certified Public Accountant (State of Florida 1988, not currently active)