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J. Mark Brewermarkbrewer

President, Co-Founder & Managing Director

Mark Brewer is principal and co-founder of Brewer & Pritchard and has acted as managing director since the firm's founding in 1991. Brewer & Pritchard, P.C. has been rated as "A.V." for professional excellence and highest ethical standards (continuously since 1992).

Mr. Brewer is recognized for his work in litigation and resolution of complex business and commercial disputes. Actively engaged in the firm's trial and litigation practice, he has over 35 years of experience in complex business, tort and commercial litigation, large contract negotiations and arbitration, and other forms of dispute resolution.

Mr. Brewer has tried cases in the JAG, federal, and state courts and has taken trials to bench and jury where he has won numerous multi-million-dollar jury verdicts, resolving complicated problems for hundreds of clients while maintaining the highest ethical and moral legal standards.

Prior to co-founding Brewer & Pritchard, Mr. Brewer was a partner at the Houston firm of Nathan Wood & Sommers, and an associate attorney at Winstead, McGuire, Sechrest & Minick in Houston, Texas, and Margolin & Kirwan in Kansas City, Missouri. He also served as Chief Military Justice & Assistant Staff Judge Advocate for the U.S. Air Force between 1983 and 1987, where he handled over 65 jury trials while stationed at Eglin Air Force Base, Florida, and RAF Mildenhall, England.

Professional Employment

  • Founding principal: Brewer & Pritchard, P.C., Houston, Texas since May 1991. Firm practice areas include mergers, acquisitions, securities transactions and Trial and litigation practice and has been rated as "A.V." for professional excellence and highest ethical standards continuously since 1992.
  • Partner: Nathan, Wood & Sommers, Houston, Texas (1990-1991)
  • Associate: Winstead - Houston, Texas (formerly Winstead, McGuire, Sechrest & Minick) (1988-1990)
  • Associate: Margolin & Kirwan, Kansas City, Missouri (1987-1988)
  • Chief, Military Justice & Assistant Staff Judge Advocate - Captain, USAF, Eglin Air Force Base, Florida and RAF Mildenhall, England (1983-1987)

Education

  • Juris Doctor-University of Missouri, Kansas City (1981).
  • Master of Arts, International Relations-University of Southern California at Cambridge, England (1985).
  • Bachelor of Music Education-Oral Roberts University (1978).

Licenses

  • Missouri Bar (1981)
  • Texas Bar (1988)
  • U.S. Supreme Court (1996)
  • U.S. Courts of Appeal (2nd, 5th, 6th, 8th Circuits)
  • U.S. District Courts for the Western District of Missouri (1981); Northern, Southern and Western Districts of Texas
  • U.S. Court of Appeals for the Armed Forces (1983)

Teaching

  • University of Maryland and Troy State University - Business Law Instructor (part-time during USAF active duty from 1983-1987)

Memberships

  • London Court of International Arbitration
  • Royal Institute of International Affairs, London - Reader
  • Texas Bar Foundation - Life Fellow
  • American Bar Association: ABA Section of Healthcare; ABA Section of International Law Tort and Insurance Practice Section; Fidelity and Surety Law Committee; Forum Committee on the Construction Industry
  • Associated General Contractors - Associate Member
  • Associated Builders & Contractors - Former Member
  • Houston Symphony - Member, Board of Directors

Practice Areas

  • Qui tam relators' counsel - False Claims Act & Texas Medicaid Fraud Prevention Act
  • Business, tort and commercial litigation and arbitration

Cases Handled

Over 6 dozen jury trials in state and federal courts and in military courts martial, including

  • Criminal (prosecutions)
  • Trade secret litigation
  • Securities fraud
  • Construction and surety
  • Libel
  • Business torts
  • Constitutional law issues; public interest; and pro bono

Representative Cases

  • US ex rel American Bank v. CIT Constr., 944 F.2d 253 (5th Cir. 1991) ("Miller Act" surety bond litigation)
  • Harvey Const. Co. v. Robertson-Ceco Corp., 10 F.3d. 300 (5th Cir. 1994) (defective high-rise building curtain-wall litigation)
  • Metropolitan Life Ins. v. Robertson-Ceco Corp., 84 F.3d 560, (2nd Cir. 1996); certiorari denied, 519 U.S. 1007 (1996), 117 S.Ct. 508, 136 L.Ed.2d 398, (constitutionality of in personam, specific jurisdiction in construction defect litigation)
  • Gundle Lining Const. Corp. v. Adams County Asphalt, Inc., 85 F.3d 201 (5th Cir. 1996) (establishing federal in personam jurisdiction over surety bond principal where surety pays bond obligation)
  • Morales v. Daley, 116 F. Supp. 2d 801 (S.D. Tex. 2000) (obtained restraining order against Census Bureau in challenge to constitutionality of threat of criminal prosecution in connection with so-called long form)
  • Comerica Bank vs. Banco Lavra, 2006 WL 1547719 (failed merger of U.S. and Brazilian bank; U.S. District Court, Michigan)
  • Brewer & Pritchard, P.C. v. Nick Johnson and James Chang, 73 S.W.3d 193 (Tex. 2002) (established fiduciary duty of associate attorney to law firm employer)
  • Scott Bader, Inc. v. Sandstone Products, Inc., 248 S.W.3d 802 (Tex.App.-Houston [1st Dist.] 2008) (appeal followed 2-month jury trial and multi-million verdict for client)
  • U.S. v. Ramos, 537 F.3d 439 (5th Cir. 2008); certiorari denied, 129 S.Ct. 1615 (represented Congressmen Ted Poe, Walter B. Jones, Virgil H. Goode, Jr., Gun Owners Foundation, U.S. Border Control Foundation, U.S. Border Control, and Conservative Legal Defense and Education Fund - Amici Curiae, in Second Amendment case involving border agents prosecuted under 18 U.S.C. §924(c)(1)
  • U.S. ex rel. Bowman v. Computer Learning Centers, 73 Fed.Appx. 735 (5th Cir. 2003) (represented qui tam relator's appeal in Title IV of the Higher Education Act)
  • In re Enron Corp. Securities, Derivative & "Erisa" Litigation; 2006 WL 3316876 (represented single largest unsecured creditor of Enron in accounting fraud litigation)
  • In re EbaseOne Corp.; 2006 WL 2405732 (securities fraud litigation on behalf of U.S. Trustee)
  • Naves v. National Western Life Ins. Co.; 2009 WL 2900755 (suit to enforce foreign judgment)
  • American Heritage, Inc. v. Nevada Gold & Casino, Inc.; 259 S.W.3d 816 (Tex.App.- Houston [1 Dist.] 2008) (breach of contract)
  • Saint Joseph Orthodox Christian Church v. Spring Branch Independent School Dist.; (Tex.App.- Houston [14th Dist.] 2003); 110 S.W.3d 477 (ad valorem tax exemption litigation)
  • Calisesi ex rel. U.S. v. Hot Chalk, Inc., CV-13-01150-PHX-NVW, 2015 WL 1966463 (D. Ariz. May 1, 2015) (qui tam action for alleged false statements, claims, and certifications made for the purpose of receiving funds through federal scholarship and financial aid programs under Title IV of the Higher Education Act)
  • In re Jabbary, 2016 WL 4253980 (mandamus proceeding brought to set aside summary judgment obtained under the Texas Medicaid Fraud Prevention Act)

Rating

  • Martindale Hubbell© Rating - "AV" (highest rating) continuously since 1992

Publications

  • "Effect of Notice Requirements on Differing Site Conditions Clauses" in Proving and Pricing Differing Site Condition Claims, Robert Cushman, ed. (John Wiley & Sons, Inc. 1992).
  • Supplement to Differing Site Condition Claims (John Wiley & Sons, Inc. 1993).
  • Various papers presented at continuing legal education conferences.

Speaking Engagements & Media Appearances

  • Sought-after guest expert on legal and public policy issues for media outlets including Fox Business News, C-Span, and The John Matthews Show, KTRH Houston.
  • Trinitas Radio Network (Romania).
  • Speaker to all incoming U.S. military personnel to England from 1983 to 1984.
  • National Press Club, Washington, DC.