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David F. Brown

Partner
+1.512.482.6867
Fax +1.512.482.6859

A skilled attorney with broad experience in complex civil cases and administrative matters, Mr. Brown has tried a wide range of cases before courts, juries, administrative agencies, and arbitrators, including employment contract and discrimination cases, consumer fraud litigation, labor arbitrations, class actions, and telecommunications matters.  He has also represented clients before state and federal regulatory agencies in rulemakings and contested matters.

Mr. Brown serves as immediate past-Chair of the Public Utility Section of the State Bar of Texas and has been a frequent speaker on various administrative law, telecommunications, and litigation topics, including administrative procedures, evidence, legislative topics, and FTA arbitrations.

Before joining K&L Gates, Mr. Brown practiced complex civil litigation, including class action defense, and regulatory and administrative law, first with a major national law firm and then in-house with a large telecommunications holding company.

Areas of Emphasis:

  • Administrative law
  • Complex civil litigation
  • Class actions
  • Injunctions
  • Telecommunications
  • Electric utilities
  • Legislative affairs and administrative matters

Achievements

  • Texas Super Lawyer, Law & Politics Magazine & Texas Monthly,2006

Professional/Civic Activities

  • State Bar of Texas
    • Chairman of the Board, Public Utility Law Section
    • Administrative Law Section
  • Federal Communications Bar Association
  • District of Columbia Bar Association
  • Austin Bar Association, Bench-Bar Committee
  • Vice-President, Eanes Education Foundation
  • Friends of Scouting, Pacesetter Chairman

Speaking Engagements

  • State Bar of Texas Public Utility Law Section Annual Meeting, "TRO Remand and T2A Update," 2005
  • State Bar of Texas Public Utility Law Section Annual Meeting, "Telecommunications Regulatory Developments: USTA II , UNEs, and VOIP," 2004
  • Austin Bar Association, Administrative Law Section Nuts and Bolts of Administrative Law Seminar, "Making a Record at the State Office of Administrative Hearings for Judicial Review," 2009
  • State Bar of Texas Public Utility Law Section Annual Meeting and Seminar, "Reliability Alert - Compliance with ERCOT Protocols and NERC Standards," 2008
  • State Bar of Texas Public Utility Law Section Annual Meeting and Seminar, "The New Texas Regional Entity: New Procedures, Work in Progress," 2007
  • State Bar of Texas Public Utility Law Section Annual Meeting (FCC Triennial Review Order), 2003
  • COMPTEL/TEXALTEL/SBC Seminar on FCC’s Triennial Review Order, 2003
  • University of Texas Telecommunications Seminar (right-of-way and local regulatory issues in context of telecommunications), 2002, 2003
  • National Association of State Utility Consumer Advocates (customer and carrier information under FTA and Texas rules), 2002
  • Federal Communications Bar Association (frequent speaker on various topics, including Triennial Review proceeding, legislative topics, and FTA arbitrations), 2002-2003
  • Multiple jury and non-jury trials in state and federal court; arbitrations, and contested cases before state and federal agencies.  Rulemakings and other informal proceedings before state and federal agencies.
  • Represented clients in multiple cases against cities and other governmental entities related to the regulation and use of public rights of way.
  • Represented client in complex consumer class actions arising out of contract and fraud claims.
  • Defended multiple labor arbitrations, contract claims, and discrimination cases
  • Tried jury trial to verdict in case involving complex, multistate employee compensation claims under a sales-employment agreement.
  • Tried jury trial to verdict in consumer fraud case involving real estate development of zero-lot-line homes.
  • Tried Title VII sex and race discrimination claim involving demotion and termination of an employee in federal court.
  • Successfully prosecuted novel and landowner's rights claims in electric transmission line cases.
  • Represented major incumbent local exchange company in landmark Texas arbitration under the federal Telecommunications Act relating to landline interconnection methods, intercarrier compensation, unbundled network elements, and other issues, overturning Texas precedent
  • Represented large rural incumbent local exchange carrier in comprehensive Telecommunications Act arbitration in Missouri, establishing baseline agreement for interconnection, including methods and rates, and in subsequent post-interconnection disputes
  • Represented major incumbent local exchange company in Texas arbitration under the federal Telecommunications Act relating to wireless, Internet, and landline interconnection methods, intercarrier compensation, and other issues of first impression
  • Successfully represented FERC/NERC-delegated regional entity in registration disputes, appeals and other proceedings before FERC and a state commission.
  • Pursued client positions in agency rulemaking for recovery of over a billion dollars of costs incurred to meet a federal mandate in an administrative proceeding.
  • Represented a telecommunications company in the successful implementation of legislation in agency rulemaking implementing highly contested municipal and right-of-way issues.
  • Represented telecommunications client in agency rulemaking in implementation of legislation impacting the potential expenditure of billions of infrastructure dollars.
  • Successful representation of electric independent system operator in administrative cases before regulatory agency.