Senior Associate, Litigation Group
Whitney Brieck, a native of East Texas, joined the Litigation Group in 2015. Whitney is a successful civil trial and appellate lawyer who has counseled commercial clients in a variety of contexts.
Areas of Focus
- Complex commercial litigation and arbitration
- Commercial contract disputes
- Civil appellate law
- Former briefing and staff attorney for Fourteenth Court of Appeals in Houston
- Former intern with Texas Supreme Court
- Graduate of University of Texas School of Law
Awards & Recognitions
- Texas Super Lawyers Rising Stars (2017-2018)
Whitney’s experience advocating inside the courtroom and working for judges behind the appellate bench uniquely situates her to counsel clients through all stages of commercial disputes—and help them make strategic business decisions along the way.
As a trial lawyer, Whitney enjoys thoughtfully managing litigation ensure the fair, complete presentation of the evidence to a final judgment—from initiating or responding to lawsuits and applications for injunctive relief, to effectively using dispositive motions, tailored written discovery, and key witness and expert depositions to advance the ball. Whitney has also first-chaired a successful jury trial and second-chaired numerous bench trials, jury trials, and final arbitration hearings. Whitney understands that because lawsuits are expensive, developing a business-focused litigation strategy requires both an in-depth understanding of the rules of the game and each client’s objectives.
As an appellate advocate, Whitney studies the tenor of recent judicial decision-making to comprehensively counsel her clients about their remedies on appeal. She has taken a lead role in pursuing and defending civil appeals across the State of Texas. For example, her briefing was instrumental in persuading the Texas Supreme Court to grant discretionary review—without oral argument—to reinstate a jury verdict that was disregarded by both the trial court and intermediate court of appeals. Whitney’s appellate focus adds value in the trial court as well as on appeal: no victory in the trial court is secure without protecting against procedural pitfalls, and many errors cannot be corrected on appeal if not properly preserved.
Prior to joining BoyarMiller, Whitney spent two years with the Fourteenth Court of Appeals, as a staff attorney for the Honorable Justice Sharon McCally and a briefing attorney for the Honorable William J. Boyce, where she reviewed briefing, evaluated oral argument, participated in conferences with the justices, drafted opinions, and considered points on rehearing.
Whitney also spent several years litigating and appealing a diverse array of commercial business disputes for a mid-size law firm in downtown Houston, Texas.
While studying at the University of Texas School of Law in Austin, Texas, Whitney evaluated petitions for review and drafted recommendations as an intern for the Honorable Justice Don R. Willett on the Texas Supreme Court. Whitney helped review and seek to exclude evidence as an intern for the Family Justice Division of the Travis County District Attorney’s Office, and helped prepare a successful application for asylum-seekers in federal immigration court on behalf of the law school’s Immigration Clinic.
Before attending law school, Whitney juggled the administrative needs of a busy toxic-tort docket as litigation support staff for a large, international law firm in downtown Houston.
Whitney received her Bachelor of Arts degree in English and political science from Texas A&M University, and is a proud member of the Fightin’ Texas Aggie Class of 2006. She is also a member of the Houston Bar Association Appellate Section Council, and chairs the Pro Bono Committee—which collaborates with the State Bar of Texas Appellate Section Pro Bono Committee to match clients who are financially unable to obtain legal representation on appeal with volunteer lawyers who agree to serve without expectation of compensation for their service. Whitney is also a member of the Houston Bar Association Litigation Section.
- JD, University of Texas School of Law
- BA, Texas A&M University (cum laude)
- Texas Bar Foundation, Fellow
- Houston Bar Association, Litigation and Appellate Sections member
- Member of Pro Bono College of the State Bar of Texas
- State Bar of Texas and Houston Bar Association Appellate Sections, Pro Bono Advocate
- Pursuing claims on behalf of a Houston-based drilling company for breach of fiduciary duty against its former attorney. The attorney overcharged for its services by marking up third-party expenses and misrepresenting the work performed in its billing statements.
- Negotiated disposition of trust funds, and dismissal of all claims asserted in Texas state district court, against out-of-state loan servicing company in connection with dispute over commercial borrower’s assignment of consumer loans pledged as collateral for commercial loan transaction.
- Representing innovative litigation finance platform in dispute pending in state district court that arose between attorney borrowers and lender over on-platform transaction, and in multi-million dollar dispute pending in commercial arbitration with lender over collapsed business relationship.
- Represented a global downhole well intervention company in suit filed by drilling company after drilling tools became stuck in well. Drilling company sought damages for recovery expenses, contractual damages and lost revenue based on the allegation that client’s tool malfunctioned and caused the incident. Obtained a favorable settlement in which plaintiff dismissed its suit and client paid no damages.
- Obtained summary judgment in bill of review proceeding initiated to vacate default judgment in state district court, which had been rendered without proper service of process on non-resident defendant under the Texas long-arm statute.
- Obtained favorable decision from Texas Supreme Court on behalf of financial institution; petition for review was granted to reinstate a jury verdict denying liability for wrongful payment claim, which had been disregarded by the trial court and intermediate court of appeals.
- Successfully negotiated resolution of complex, multi-million dollar dispute involving production of steel rig kits for use in offshore jack-up drilling rig application between an overseas steel mill, Houston-based steel fabricator, and offshore drilling systems provider in Mississippi.
- Obtained favorable judgment from intermediate court of appeals, which affirmed a summary judgment denying a homeowner’s challenge to its mortgagee’s entitlement to fire insurance policy proceeds.
Real Estate Litigation
- Obtained summary judgment on all claims asserted by commercial landlord following material breach and termination of commercial real estate lease.
Texas Super Lawyers Selects Five BoyarMiller Attorneys as 2019 Rising Stars
BoyarMiller Attorneys Selected to 2018 Texas Super Lawyers and Texas Rising Stars Lists
Three BoyarMiller Attorneys Selected to 2018 Texas Rising Stars List
BoyarMiller promotes Whitney Brieck to Senior Associate
Texas Super Lawyers selects six BoyarMiller attorneys as 2017 Rising Stars
BoyarMiller Litigator Whitney Brieck Elected Fellow by Texas Bar Foundation
Whitney Rawlinson Joins BoyarMiller as a Litigation Group Associate
Are Waivers of Punitive Damages Enforceable?
“Ask not what you can do for pro bono, but what pro bono can do for you.”
Who’s Hearing Your Whistle? SCOTUS Resolves Circuit Split and Narrows Dodd-Frank Definition of “Whistleblower”
“Conspiracy Theory”: Why two appellate justices asked the Supreme Court of Texas to clarify Texas law on civil conspiracy
Recently a very important client of mine needed legal representation in Texas. I interviewed quite a number of very good lawyers and settled on Andrew Pearce and Whitney Brieck with BoyarMiller in Houston. I needed an attorney to jump in immediately on behalf of my client as the matter was highly time sensitive. They wasted no time taking control of the litigation matter and saw it to a very successful conclusion. My client could not have been happier with me for finding BoyarMiller and recommending them. They made me look great! The quality of their work is absolutely of the highest order. Moreover, they’re great communicators. Calls and emails are answered or returned very promptly. I found Andrew and Whitney to be extremely tenacious yet professional in every way; as well as experienced, knowledgeable, and courteous at all times. They delivered outstanding results in a timely manner at a very fair price. I can’t recommend them more highly.