Whitney Brieck

Shareholder, Litigation Group

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 Practice Section, and previously chaired 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.

Awards & Recognitions

Whitney Brieck

Education

  • JD, University of Texas School of Law
  • BA, Texas A&M University (cum laude)

Affiliations

Community

  • Houston Contemporary Dance Company, Board Member
  • Pro Bono College of the State Bar of Texas, Past Member
  • Texas Bar Foundation and Houston Bar Foundation, Fellow

Relevant Representative Matters

Secured emergency stay on appeal of all trial court proceedings pending the outcome of a hotly-contested interlocutory challenge to order denying motion to compel arbitration of a multi-million dollar partnership dispute. The claims at issue were submitted to arbitration by agreement shortly after the stay was issued

Successfully represented a national accounting firm against claims brought by a departing partner. Successfully obtained a summary judgment ruling in arbitration that disposed of the departing partner’s largest claim. Following a hearing, the departing partner’s remaining claims were denied in their entirety and our client was awarded recovery of all attorneys’ fees and arbitration fees incurred in the matter.

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.

Obtained summary judgment on all claims asserted by commercial landlord following material breach and termination of commercial real estate lease.

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.