Brian C. Pidcock​brian c. pidcock

Partner

Bio

Brian is a business litigation attorney who handles a broad range of complex commercial disputes for energy and healthcare companies.

Brian helps companies navigate legal disputes and achieve business solutions, while at the same time preparing for the possibility of litigation and trial. Regardless of the type of dispute, Brian is dedicated to providing exceptional client service and solving problems efficiently with creative solutions.

Brian has over a decade of litigation experience in state and federal court, as well as arbitration. He has prosecuted and defended claims for fraud, theft, negligence, tortious interference, breach of contract, breach of fiduciary duty, toxic tort, misappropriation of trade secrets, copyright and trademark infringement, ERISA violations, and eminent domain.

Prior to starting his legal practice, Brian served for two years as a Judicial Law Clerk for US District Judge David Hittner in the Southern District of Texas. His clerkship experience provided a strong foundation for a diverse legal practice, as his cases covered an extensive range of subject matter, and key insights on the judicial process from which to counsel his clients.

Brian is a strong believer in equal access to justice and frequently handles pro bono matters from the Houston Volunteer Lawyers program. He served as a volunteer prosecutor at the City of Houston Municipal Court where he handled pretrial motions, voir dire, witness examination, opening and closing arguments, and tried jury cases to verdict. Other notable pro bono representations include obtaining court-ordered writs of habeas corpus to help mothers whose children who were unlawfully taken by other family members.

Practice Emphasis

Education

  • JD, South Texas College of Law, cum laude, Editor in Chief, South Texas Law Review, 2010
  • BBA in Management Information Systems, University of Houston, cum laude, 2022

Court Admissions

  • State Bar of Texas
  • US District Court, Northern District of Texas
  • US District Court, Southern District of Texas
  • US District Court, Eastern District of Texas
  • US District Court, Western District of Texas

Honors & Distinctions

  • Recognized as a Texas Super Lawyer in Business Litigation, Texas Super Lawyers Magazine, 2023
  • Recognized as a Texas Rising Star in Business Litigation, Texas Super Lawyers Magazine, 2017–2019
  • Certificate in Advanced Arbitration Skills from the A.A. White Dispute Resolution Center at the University of Houston Law Center, 2013

Professional Memberships

  • Fellow, Texas Bar Foundation
  • Federal Bar Association
  • Houston Bar Association
  • American Bar Association
  • Texas Association of Defense Counsel (TADC)
  • Texas Young Lawyers Association (TYLA)
  • Houston Young Lawyers Association (HYLA), Leadership Academy, Class of 2012-2013
  • American Inns of Court, Garland R. Walker Inn
  • Houston Bar Association LegalLine
  • Houston Volunteer Lawyer Program (HVLP)
  • Volunteer Prosecutor, City of Houston, 2012-2013

Clerkships

  • US District Court, Southern District of Texas

Publications/Speaking Engagements

  • Speaker, Spring Cleaning . . . Up Your Contracts, Association of Corporate Counsel, Houston, June 2024
  • Speaker, Seize the Day: How and When the Government Can Take Your Property Under the 4th and 5th Amendments, Garland R. Walker Inn of Court, March 2017
  • Speaker, Trials of the Century, Garland R. Walker Inn of Court, December 2013
  • Speaker, FRCP Rule 26 Changes: Curbing the Fear Regarding Expert Communications, Garland R. Walker Inn of Court, November 2011
  • Speaker, Understanding the Role of a Fiduciary in the Business Environment, University of St. Thomas, Cameron Graduate School of Business, September 2011
  • Speaker, The Art of Exceptional Advocacy, Garland R. Walker Inn of Court, April 2011

Representative Cases

Contract Disputes

  • Defended a managed care company in a two-week federal bench trial against a hospital’s claim for $50 million in alleged unpaid health benefits under ERISA governed health plans; trial court entered directed verdict against the hospital.
  • Defended a managed care company in a two-week federal jury trial against a hospital’s breach of contract claim for millions in alleged unpaid medical benefits; jury returned a verdict of no liability and no damages.
  • Defended a managed care company in a two-week federal bench trial against a hospital’s claim for alleged underpayments on medical benefits under ERISA and non-ERISA governed health plans; obtained reversal of trial court ruling that the managed care company abused its discretion in paying medical claims to the hospital.
  • Defended major oil and gas companies in an international arbitration on a multimillion-dollar breach of contract dispute over the construction of a semi-submersible processing facility in the Gulf of Mexico; arbitration panel found no liability.
  • Defended large midstream energy company and prosecuted breach of contract claim against natural gas producer for breaching a pipeline transportation agreement in Texas.
  • Defended major oil and gas company in a multimillion-dollar international breach of contract dispute regarding the lease of an offshore drilling rig.
  • Defended oil and gas operating company in a multimillion-dollar surface lease dispute in Midland, Texas.
  • Defended engineering company sued for negligence in Ohio federal court for alleged negligence in the construction of a windfarm project; obtained complete dismissal of lawsuit.
  • Defended a Mexico-based products company sued in California federal court on an alleged $30 million breach of contract claim; obtained complete dismissal based on contract terms.
  • Represented private family office in a partnership dispute involving a $5 million investment in start-up companies.

Fraud Disputes

  • Represented Chapter 11 trustee of bankrupt hospital in adversary litigation against dozens of healthcare providers involved in an out-of-network billing and illegal patient referral and kickback scheme; obtained recovery of $8 million in improper payments.
  • Represented managed care company and prosecuted fraud claim against out-of-network hospital and affiliated emergency clinics; obtained summary judgment award of $8.4 million based on misrepresentations regarding the nature and location of service provided.
  • Represented managed care company and prosecuted fraud claim against an out-of-network medical imaging company; obtained summary judgment award of $3.9 million based on misrepresentations regarding the location of service.
  • Represented managed care company and prosecuted fraud claims against two out-of-network laboratories for engaging in a kickback referral scheme and billing for purported hospital laboratory services that were never provided by or at the hospital.
  • Represented bankrupt natural gas company and prosecuted theft and fraudulent transfer claims against former director and owners to recover assets unlawfully taken from the bankruptcy estate.
  • Represented managed care companies in state and federal court to recover overpayments to out-of-network hospitals, ambulatory surgery centers, and other healthcare facilities based upon fraud, improper billing practices, and kickbacks to referring physicians.
  • Represented managed care company in arbitration to recover overpayments made to a third-party medical billing company based upon false representations concerning the billing company’s status as an out-of-network provider and the location of services.

Trade Secret Disputes

  • Represented liquid waste water company in prosecution of misappropriation and unfair competition claims against former employees and competing business for allegedly taking client’s customer list and other trade secrets and unfairly engaging in competing business; obtained temporary restraining order (TRO) and preliminary injunction.
  • Represented lithium-ion battery company in prosecution of misappropriation and theft claims against former officers/employees who stole battery research and technology trade secrets and launched a competing business.

Trademark and Securities Disputes

  • Defended international apparel company on alleged claims for copyright and trademark infringement of design logos.
  • Defended cable television network on alleged claims for trademark infringement of a network advertising logo.
  • Represented global credit management company and prosecuted fraud claims against a transportation company and various officers for violations of the Securities and Exchange Act.

Toxic Tort Disputes

  • Defended international E&P company sued by dozens of individuals for alleged personal injury claims arising out of a major oil drilling rig incident.
  • Obtained summary judgment for large energy company and dismissal of personal injury toxic tort case because plaintiff failed to present sufficient expert evidence of medical causation.
  • Defended major oil and gas company against various alleged toxic tort exposure claims; successfully defended expert challenges against defense toxicologist under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

Condemnation and Eminent Domain

  • Represented Municipal Utility District (MUD) in eminent domain proceedings to condemn private land based on public need for a drainage easement in connection with a large residential development project.

Corporate Compliance and Investigations

  • Represented various clients with international operations in anti-corruption matters, including FCPA due diligence in connection with mergers and acquisitions, joint ventures, and related transactions in the United Kingdom, Germany, China, India, Greece, Italy, and Argentina.