D. Douglas Brothers
Doug Brothers has more than 30 years of experience in a wide variety of complex litigation matters, representing both plaintiffs and defendants in trials, appeals, and arbitrations.
He has obtained and collected numerous large awards and settlements in a wide range of matters spanning the practice areas listed above.
On the defense side, Doug has successfully represented on an ongoing basis a high-rise design-builder, real estate developers, banks, and insurers.
Doug has been recognized for his accomplishments by numerous organizations. He has been selected for inclusion in Texas Super Lawyers® since 2003, and was named to the Top 50 Lawyers in Central/West Texas in 2016 and 2017. Doug was recognized by The Best Lawyers in America© for Bet-the-Company Litigation, Commercial Litigation, and Legal Malpractice Law since 2008, and named Austin’s Lawyer of the Year for Bet-the-Company Litigation in The Best Lawyers in America© for 2016. Doug was also named Best of the Bar for Civil Litigators by the Austin Business Journal in 2003.
Education
- Artium Baccalaureatus, magna cum laude, Amherst College (1978)
- Juris Doctor, with honors, University of Texas School of Law (1981)
Professional Experience
- Partner, George Brothers Kincaid & Horton, LLP (2012-present)
- Partner, George & Brothers, LLP (2004-2012)
- Partner, Brothers & Thomas, LLP (formerly Brothers, Reavis & McGinnis) (1984-2004)
- Partner, Leonard, Hurt (Austin) (1984)
- Partner, Leonard, Hurt (Dallas) (1981-1983)
Bar Admissions
- State Bar of Texas (1981)
- United States Court of Appeals for the Fifth Circuit
- U.S. District Court, Northern District of Texas
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Southern District of Texas
- U.S. District Court, Western District of Texas
Awards
- Board Certified in Civil Trial Law (1988), Texas Board of Legal Specialization
- Selected as a Top 50 Lawyer in Central/West Texas by Texas Super Lawyers (2016-2017)
- Selected for inclusion in Texas Super Lawyers (2003-2023)
- Named Austin Lawyer of the Year for Bet-the-Company Litigation in The Best Lawyers in America (2016)
- Selected for inclusion in Best Lawyers® for Bet-the-Company Litigation, Commercial Litigation, and Legal Malpractice law (2008-2021)
- Selected for inclusion in Best of the Bar in Austin Business Journal for Civil Litigators (September 2003)
- Named in Who’s Who in America, 55th Edition
- AV® Preeminent (5.0) Peer Review Rating by Martindale.com
(AV® and AV® Preeminent are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies)
Professional Associations & Activities
- American College of Trial Lawyers, Fellow
- American Board of Trial Advocates, Member
- Fellows of the American Bar Foundation, Fellow
- Texas Bar Foundation, Member
- Austin Bar Foundation, Founding Fellow
Publications & Presentations
Articles & Papers
- D. Douglas Brothers and John W. Thomas, An Overview of the Texas Whistleblower Act, Suing and Defending Governmental Entities, State Bar of Texas (July 1997)
- D. Douglas Brothers, The Defense of Comparative Bad Faith: A Practitioner’s Viewpoint, 72 Texas L. Rev. 1565 (1994)
- D. Douglas Brothers, Suing the State and Its Employees, 16th Annual Page Keeton Products Liability & Personal Injury Conf., University of Texas (November 1992)
Speeches
- Transitioning Your Litigation Practice, Keeton Civil Litigation Conference, University of Texas (2004)
- Liability Insurance in Employment Litigation, Travis County Bar Association, (1998)
- An Overview of the Texas Whistleblower Act, Suing and Defending Governmental Entities, State Bar of Texas (July 1997)
- Factors in Deciding Which Contingency Fee Cases to Take, Employment Law Seminar, University of Houston (1995, 1996)
- The Defense of Comparative Bad Faith, Symposium on the Law of Bad Faith in Contract and Insurance (1994)
- Exemplary Damages after Moriel, 18th Annual Page Keeton Conference, University of Texas (1994)
- Suing the State and Its Employees, 16th Annual Page Keeton Products Liability & Personal Injury Conf., University of Texas (November 1992)
Significant Cases
Supreme Court of Texas
- Rancho La Valencia, Inc. v. Aquaplex, Inc., 383 S.W.3d 150 (Tex. 2012)
- Americo Life, Inc. v. Myer, 356 S.W.3d 496 (Tex. 2011)
- Aquaplex, Inc. v. Rancho La Valencia, Inc., 297 S.W.3d 768 (Tex. 2009)
- In re Cerberus Capital Mgmt., L.P., 164 S.W.3d 379 (Tex. 2005)
Texas Courts of Appeals
- Myer v. Americo Life, Inc., 371 S.W.3d 537 (Tex. App.—Dallas 2012, pet. filed)
- Eco Built Inc. v. Lulfs, No. 03-08-00427-CV, 2010 WL 3629821 (Tex. App.—Austin. Sept. 17, 2010, no pet.)
- Myer v. Americo Life, Inc., 315 S.W.3d 72 (Tex. App.—Dallas 2009), rev’d, 356 S.W.3d 496 (Tex. 2011)
- Landmark Org., L.P. v. Tremco, Inc., No. 03-07-00673-CV, 2008 WL 2119341 (Tex. App.—Austin. April 24, 2008, no pet.) (per curiam)
- Texas Parks & Wildlife Dept. v. Dearing, 240 S.W.3d 330 (Tex. App.—Austin 2007, pet. denied)
- In re Abbott Labs., Inc., No. 03-06-00295-CV, 2007 WL 1498782 (Tex. App.—Austin. June 21, 2006, no pet.)
- CTTI Priesmeyer, Inc. v. K & O Ltd. P’ship, 164 S.W.3d 675 (Tex. App.—Austin 2005, no pet.)
- In re Cerberus Capital Management, L.P., 161 S.W.3d 531 (Tex. App.—Austin 2004, no. pet.)
- Samuelson v. United Healthcare of Texas, Inc., 79 S.W.3d 706 (Tex. App.—Fort Worth 2002, no pet.)
- State/Operating Contractors ABS Emissions, Inc. v. Operating Contractors/State, 985 S.W.2d 646 (Tex. App.—Austin 1999, pet. denied)
- Spiller v. Texas Dept. of Ins., 949 S.W.2d 548 (Tex. App.—Austin 1997, pet. denied)
- Gregg County v. Farrar, 933 S.W.2d 769 (Tex. App.—Austin 1996, writ denied)
- City of San Antonio v. Heim, 932 S.W.2d 287 (Tex. App.—Austin 1996, writ denied)
- Texas Dept. of Human Servs. v. Green, 855 S.W.2d 136 (Tex. App.—Austin 1993, writ denied)
- Associated Telephone Directory Publishers, Inc. v. Five D’s Pub Co., Inc., 849 S.W.2d 894 (Tex. App.—Austin 1993, no writ)
- City of Houston v. Savely, 708 S.W.2d 879 (Tex. App.—Houston [1st Dist.] 1986, writ ref’d n.r.e.)
Fifth Circuit Court of Appeals
- Hasie v. Office of Comptroller of Currency of U.S., 633 F.3d 361 (5th Cir. 2011)
- United Forming, Inc. v. FaulknerUSA, LP, 350 Fed. App’x 948 (5th Cir. 2009)
- Brady Nat’l. Bank v. Gulf Ins. Co., 94 Fed. App’x 197 (5th Cir. 2004)
- Serna v. City of San Antonio, 244 F.3d 479 (5th Cir. 2001)
Other Circuit Courts of Appeals
- In re Nat’l Sec. Agency Telecomms. Records Litig., 671 F.3d 881 (9th Cir. 2011), cert. denied, 133 S.Ct. 421 (2012)
Federal District Courts
- In re Nat’l Sec. Agency Telecomms. Records Litig., 633 F.Supp.2d 949 (N.D. Ca. 2009), aff’d in part, rev’d in part, 671 F.3d 881 (9th Cir. 2011), cert. denied, 133 S. Ct. 421 (2012)
- Hasie v. Office of Comptroller of Currency of U.S., No. 5:07-CV-208-C-ECF, 2008 WL 4549881, (N.D. Tex. May 9, 2008)
- State of Texas ex rel. Ven-a-Care of the Florida Keys, Inc. v. Abbott Labs. Inc., No. A-05-CA-897-LY, 2005 WL 5430194 (W.D. Tex. Dec. 5, 2005)
Other
- In re Crescent Resources, LLC, No. 11-01135-CAG, No. 2012 WL 691876 (Bankr. W.D. Tex. March 2, 2012)
