Brice Wilkinson focuses his practice on complex commercial litigation. He has successfully represented clients in various industries, including oil and gas, computer software, healthcare, private equity, and automotive. Brice has experience in breach of contract, trade secrets, antitrust, fiduciary duty, products liability, class actions, and other business tort matters. Brice also has appellate experience in state and federal courts.
Following law school, Brice was a law clerk to Judge Raymond M. Kethledge, United States Court of Appeals for the Sixth Circuit, from 2010 to 2011.
In college, Brice was a three-year starting offensive lineman on the Yale football team.
ExxonMobil Corporation v. Lockheed Martin Corporation et al.
We represented ExxonMobil in a declaratory judgment action in the Southern District of Texas seeking relief on an alleged indemnity obligation dating back to a 1960s-vintage contract. Lockheed and its insurer filed counterclaims for declaratory judgment and breach of contract. We successfully moved for a more definite statement, thereby forcing the other side to concede that a key contractual instrument could not be located. Following some abbreviated, bifurcated discovery on liability, the matter was resolved in a highly favorable manner for our client.
Verde v. FTE Automotive USA, Inc. et al.
Royal v. FTE Automotive USA, Inc. et al.
Represented FTE, a tier-one automotive supplier, in a series of putative class actions in Texas and Oklahoma federal court alleging breach of warranty and other product liability theories. We successfully moved to dismiss the Oklahoma action (based primarily on timeliness issues), and we successfully moved for an early summary judgment in the Texas action (based primarily on successor liability issues related to the Chrysler bankruptcy).
SM Energy Company, et al. v. Endeavour Operating Corporation
Represented SM Energy Company, Potato Creek LLC, Open Flow Gas Supply Corporation, and SJ Exploration LLC in an action against Endeavour Operating Corporation. The case arose from Endeavour Operating Corporation’s breach of two purchase and sale agreements to purchase our clients’ interests in oil and gas leases, a pipeline, and related facilities in the Marcellus Shale in Pennsylvania for a total purchase price of $110 million. After winning a significant partial summary judgment, the case settled shortly before trial for a total value of $19.25M to our clients.
The Reynolds & Reynolds Company v. Superior Integrated Solutions, Inc.
Represented a major provider of automotive dealership management systems in federal litigation involving claims of copyright infringement, complex antitrust issues, tortious interference with contracts and other issues. We successfully moved to dismiss the antitrust and other counterclaims alleged against its client and the case later settled amicably.
Melrose v. Crawford, et al.
We successfully represented several managing partners and directors of several private equity funds in an arbitration against another managing director with whom they had fallen out. Following roughly 8 months of discovery and a week-long arbitration, the arbitrator denied every claim against our clients and ruled in our favor on nearly all of our counterclaims. Among other things, the final award found that the opposing partner should be retroactively terminated for cause due to his willful misconduct, ordered that the partner pay back all compensation he had received during that period, and awarded our clients nearly all of their attorneys’ fees in the matter.
University of Texas, J.D., with highest honors, 2010
Order of the Coif
Editor in Chief, Texas Law Review
The University of Edinburgh, MTh, with distinction, 2007
Yale University, B.A., cum laude, 2006
State Bar of Texas
United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Seventh Circuit