About Our Attorneys

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John G. Browning Vcard

Partner

  • Dallas

    2100 Ross Avenue
    Suite 2000
    Dallas, TX 75201

    Tel: 972.638.8659
    Fax: 214.722.7111
John.Browning@lewisbrisbois.com

John Browning is a tough, aggressive trial lawyer with over 23 years of experience. Mr. Browning represents individuals and businesses both large and small in state and federal courts throughout Texas and Oklahoma, and on a pro hac vice basis in other jurisdictions.

Mr. Browning has extensive trial, arbitration, and summary judgment experience and in solving client problems in such areas as:

  • Wrongful death and catastrophic personal injury defense
  • Breach of contract and other commercial disputes
  • Automotive, trucking, premises liability, and product liability litigation
  • Professional liability claims and administrative proceedings for attorneys and health care professionals
  • Consumer protection litigation (DTPA, FDCPA, FACTA, and others)
  • Patent, trademark, and copyright infringement litigation
  • Employment-related litigation including non-competes and trade secrets
  • Practice Areas
  • Admissions
    • Texas

    • Oklahoma

    • United States District Court for the Northern, Southern, Eastern, and Western Districts of Texas

    • United States District Court for the Western District of Oklahoma

    • United States District Court for the District of Colorado

    • United States Claims Court

    • United States Court of International Trade

    • United States Court of Appeals: 5th Circuit, Federal Circuit

    • United States Supreme Court

  • News
  • Associations

    State Bar of Texas

    State Bar of Oklahoma

    Dallas Bar Association

    President, Rockwall County Bar Association (2009–2010)

    Life Fellow, Texas Bar Foundation

    Texas Association of Defense Counsel

    International Association of Defense Counsel (IADC)

    Member, Texas Bar Journal Editorial Advisory Board

    Member, State Bar of Texas District 1A Grievance Committee (2005–2011)

    Litigation Counsel of America

    Legal Counsel, Rockwall County Republican Party

    Master, William “Mac” Taylor American Inn of Court

    Elected Member, The American Law Institute

    American Society of Legal Writers (SCRIBES)

    Mr. Browning has also served or currently serves on the boards of various charitable organizations, including the Press Club of Dallas and the Lillian Smith Family Violence Foundation

  • Representative Cases

    Defeated $4 million breach of contract lawsuit brought by one national health care entity against another in week-long jury trial (Dallas County)

    Won dispositive motion in trademark infringement case between competing restaurant chains (U.S. District Court, N.D. of Texas)

    Obtained a permanent injunction (after a 3 day trial) for a national leader in the animal health industry against several former employees who had violated a non-compete agreement (Tarrant County)

    Successfully defended medical supplier/distributor in 2 week jury trial of non-compete/misappropriation of trade secrets case (Dallas County)

    Defense verdict for utilities company in electrocution case (Dallas County)

    Summary judgment (later affirmed on appeal) for owners of an apartment complex in a wrongful death case (Tarrant County)

    Summary judgment (later affirmed on appeal) in defamation lawsuit brought against two executives at a national telecommunications firm (Dallas County)

    Directed verdict for attorney/law firm in legal malpractice case (U.S. District Court, N.D. Texas)

    Summary judgment (later affirmed on appeal) for national security guard company in premises liability case (Harris County)

    Obtained dismissal of unfair competition lawsuit brought against health care consulting firm and national health care provider (Kansas City, MO)

    Obtained defense verdicts in commercial arbitration proceedings for national manufactured housing entities in cases alleging deceptive trade practices and construction defects (Dallas, Bexar, Travis, McLennan, Tarrant, Rockwall, and Lubbock counties)

    Set aside $26 million default judgment entered against Spanish gun manufacturer and North American distributors in shooting/product liability case, and later won summary judgment for all defendants (Dallas County)

    Successfully defended numerous individuals wrongfully sued by the Recording Industry Association of America (RIAA) for copyright infringement for alleged music downloading/filesharing, including children and active duty members of the military (U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas, and the U.S. District Court for the District of Colorado)

  • Books

    The Lawyer’s Guide to Social Networking: Understanding Social Media’s Impact on the Law (Thomson Reuters/West Publishing 2010)

    Strategies for Successful Arbitration (contributing author) (Aspatore Press, 2008)

    The Biggest Legal Mistakes Physicians Make and How to Avoid Them (contributing author) (SEAK Publishing, 2004)

    Texas Employment Law (James Publishing, 2004–) (Since 2004, Mr. Browning has written and annually updated the chapter on non-competes and trade secrets for this 2 volume legal treatise)

  • Awards & Honors

    “AV” rated by Martindale-Hubbell

    Designated a “Texas Super Lawyer” by Law & Politics magazine 2005–2013; named a “Texas Super Lawyer in the field of Civil Litigation Defense for Super Lawyers’ Corporate Counsel Edition, 2008–2010; named a “Texas Super Lawyer” for Super Lawyers’ Business Edition, 2011.

    Designated a 2013 Top Rated Lawyer in Technology Law by American Lawyer Media & Martindale Hubbell

    Charter Fellow, Litigation Counsel of America (trial lawyer honorary society, 2007–present)

    Elected member, International Association of Defense Counsel (2010)

    Elected member of the American Law Institute (2009)

    Elected Fellow of the Texas Bar Foundation (2010)

    Winner of the Burton Award for Distinguished Achievement in Legal Writing, 2009, 2010, and 2012

    Recipient of the Texas Bar CLE “Standing Ovation” Award (2012)

    Recipient of the Texas Bar Foundation’s Outstanding Law Review Article of the Year Award (2012)

    Recipient of the College of the State Bar of Texas Franklin Jones Award for the Best CLE Article (2012)

    Recipient of the Texas Bar Foundation’s Dan Rugeley Price Memorial Award for outstanding contributions to the legal profession (2013)

  • Articles

    “Sounds Like . . . A Trademark,” IPFrontline.com (Sept. 2009)

    “Jurors Online?” In Chambers Vol. 36, No. 3 (Summer 2009)

    “Facing Up to Facebook: What Claims Professionals Need to Know About Social Networking,”Today’s Insurance Professionals Vol. 66, No. 3 (Fall 2009)

    “From Lawbooks to Facebook: What Trial Lawyers Need to Know About Social Media,” Voir Dire, Vol. 16, No. 1 (Spring 2009)

    “Beware the Online Juror,” Voir Dire, Vol. 16, No. 2 (Summer 2009)

    “Social Media in the Jury Box,” State Bar College Bulletin (Fall 2009)

    “Justice Red in Tooth and Claw: Eugenics, the Supreme Court, and Buck v. Bell,” The Journal of Law, Medicine & Ethics, Vol. 37, No. 3 (Fall 2009)

    “How Durable a Program? A Look at the Past, Present, and Future of Competitive Bidding and Durable Medical Equipment,” ABA Health Lawyer (April 2010) (co-authored with E. Vishnevetsky)

    “Is Social Media Turning the Jury Box Into Pandora’s Box?” Case in Point (magazine of the National Judicial College) (2010)

    “Served Without Ever Leaving the Computer: Service of Process Via Social Media” Texas Bar Journal, Vol. 73, No. 3 (March 2010)

    “When All That Twitters Is Not Told: Dangers of the Online Juror,” Texas Bar Journal, Vol. 73, No. 3 (March 2010)

    “Social Networking Dos and Don’ts For Lawyers and Judges,” Texas Bar Journal, Vol. 73, No. 3 (March 2010)

    “The Online Juror,” Judicature, Vol. 93, No. 6 (May/June 2010)

    “Putting Facebook in Your Playbook,” The Collector, (April 2010)

    “D & O Carriers, Don’t Put Away Those Checkbooks Yet: Recent Developments in D & O Liability Insurance,” Law360 (April 7, 2010)

    “Facing Up to Facebook: Discoverability of Social Media Evidence,” Oklahoma Bar Journal, Vol. 82, No. 5 (Feb. 2011)

    “You Can’t Judge a Juror By the Recession,” Texas Bar Journal, Vol. 74, No. 2 (Feb. 2011) (co-authored with J. Bloom and A. Bennett)

    “Saying It With Style,” Texas Bar Journal, Vol. 74, No. 2 (Feb. 2011)

    “Digging for the Digital Dirt: Discoverability and Admissibility of Social Media Evidence,” SMU Science and Technology Law Review (Summer 2011)

    "Impeachment is a Few Mouseclicks Away: Claims Investigation and Litigation Using Social Media Evidence," Today's Insurance Professionals (Winter 2011)

    "Why HR Managers Are Reading Your Facebook Page," D CEO (Jan-Feb 2012)

    "Social Networking: A Necessary Weapon Or An Ethical Minefield?" Family Lawyer Magazine (2013)

  • Presentations

    “Social Media and the Courts,” Texas Center for the Judiciary Annual Technology and the Law Conference (Jan. 2010)

    “Cell Phones & Texting in the Workplace: Legal Issues for Employers,” (Jan. 2010), National Audio Conference for M. Lee Smith Publishers

    “What Claims Professionals Need to Know About Social Networking,” Dallas Claims Association (Feb. 2010)

    “Social Media and the 21st Century Courtroom,” Texas Judiciary Foundation Annual Symposium on the Future of Texas Courts, S. Texas College of Law (March 2010)

    “Social Media Tools in Attorney Marketing,” Dallas Minority Attorney Annual Conference (April 2010)

    “Electronic Communications Policies in the Workplace,” Foundation Repair Association Annual Conference (April 2010)

    “Foiled By Facebook” (Keynote speaker, Justinian Awards luncheon) (April 2010)

    “What DME Providers Need to Know About Medicare ZPIC Audits,” Lone Star HME Conference (April 2010)

    “Authenticating Tweets: Using Social Networking Evidence,” State Bar Advanced Evidence & Discovery Course (May 2010)

    “When the Jury Box Becomes Pandora’s Box: Dangers of the Online Juror,” LCA Spring Conference, Monterey, CA (May 2010)

    “Buck v. Bell, the American Eugenics Movement, and the Roots of the Right to Privacy,” State Bar Bill of Rights Course (May 2010)

    “Buck v. Bell, The Supreme Court, and Eugenics,” State Bar of Texas Annual Meeting (June 2010)

    “Use of Social Media Evidence,” State Bar of Texas Annual Meeting (June 2010)

    “Social Media & Open Government Issues,” State Bar of Texas Annual Meeting (June 2010)

    “Evidentiary Issues with Social Media,” Texas Center for the Judiciary (July 2010)

    “Dangers of the Online Juror,” State Bar Suing and Defending Governmental Entities Course (July 2010)

    “From Lawbooks to Facebook: Discovering & Using Social Media Evidence,” State Bar Annual Summer School (July 2010)

    “Social Media in the Workplace,” Association of Legal Administrators (July 2010)

    “Using Social Media Evidence in Litigation,” Texas Bar Advanced Consumer & Commercial Law Course (Sept. 2010)

    “The Dangers of the Online Juror,” Dallas Bar Association Bench Bar Conference (Oct. 2010)

    “Electronic Communications in the Workplace–What H.R. Professionals Need to Know,” national webinar (Oct. 2010)

    “Privacy Issues in the Workplace,” Annual Labor & Employment Conference (Oct. 2010)

    “Claims Investigation Using Social Media,” TIIAA Annual Conference (Nov. 2010)

    “Using Social Media Evidence in the Courtroom,” LEGUS Fall Conference, Des Moines, IA (Nov. 2010)

    “When Evidence Doesn’t Pass the Smell Test: Dog Scent Lineups & Junk Science,” Current Issues in Forensic Science Conference (Dec. 2010)

    “Authenticating Tweets,” State Bar of Texas webcast (Dec. 2010)

    “Discovery & Use of Social Media Evidence,” Texas Association of Defense Counsel Winter Seminar, teamboat Springs, CO (Feb. 2011)

    “The Myth of Privacy in the Wired World,” Texas Center for the Judiciary Regional Conference (Feb. 2011)

    “Tech Wars: Discovery & Use of Social Media Evidence,” IADC Mid-Year Meeting, Pebble Beach, CA (Feb. 2011)

    “Discoverability & Admissibility Issues With Social Media Evidence,” Robert O. Dawson Annual Juvenile Law Conference (Feb. 2011)

    “The Power of Social Media,” ALTRUSA Monthly Meeting (March 2011)

    “Ethics of Social Media Use for Claims Professionals,” RIMKUS Consulting Annual Claims Seminar (March 2011)

    “Dangers of the Online Juror,” Fort Worth Paralegal Association (March 2011)

    “Digging for the Digital Dirt: Discovery & Use of Evidence From Social Media Sites,” 45th Annual SMU Air Law Symposium (March 2011)

    “Discovering & Using Social Networking Evidence,” Texas Bar Advanced Trial Skills for Government Lawyers Conference (April 2011)

    “Discoverability & Admissibility Issues with Social Networking Evidence,” Texas Bar Annual Poverty Law Conference (April 2011)

    “Social Media and Crisis Management for the In-House Counsel,” IADC Corporate Counsel College, Chicago, IL (April 2011)

    “Authenticating Tweets: Discovery & Use of Social Media Evidence,” (course director and speaker, Texas Bar Advanced Evidence & Discovery course, May 2011)

    “Mistrial by Google,” Texas Center for the Judiciary (May 2011)

    “Social Media and Its Application to Aviation Litigation,” ABA Annual Aviation Law Conference, New York, NY (June 2011)

    “Dangers of the Online Juror,” Collin County Bar Association Bench Bar Conference (June 2011)

    “Using Social Media Evidence in Family Law Proceedings,” UT-CLE Annual Family Law Seminar (June 2011)

    “Dangers of the Online Juror,” Texas Bar Advanced Civil Trial Course (July 2011)

  • Appointments

    Adjunct Professor of Law, SMU Dedman School of Law (2010-present)

    Adjunct Professor of Law, Texas Wesleyan University School of Law (2011-present)

  • Journalism Distinction

    Since 2005, Mr. Browning has authored the weekly syndicated newspaper column “Legally Speaking;” he also serves as a contributing editor for DCEO magazine, and has been a legal columnist for the Dallas Business Journal and Houston Business Journal. His work has garnered numerous journalism awards, including the Clarion Award for Outstanding Newspaper Column; the Suburban Newspaper Association’s Best Column Writing Award; the Texas Press Association’s Outstanding Column Award; the Press Club of Dallas’ Katie Award for Best Specialty Reporting; the Houston Press Club’s Lone Star Awards for Outstanding Commentary/Criticism in a Newspaper (2006, 2007, 2008, 2009, 2010, and 2011) and Print Journalist of the Year (2009); 6 Philbin Awards for Excellence in Legal Reporting; and in 2007 he was nominated for a Pulitzer Prize in Journalism.

    Mr. Browning’s background as a journalist and trial lawyer has led to considerable experience in media law representation, and in 2009 he successfully defended an online media outlet in one of the first “journalism shield law” cases in Texas.

  • Social Media And The Law

    As the author of numerous articles and the leading book on social media’s impact on the law, Mr. Browning is frequently sought out by national and international media on the subject. He has appeared on television, radio, and podcasts discussing social networking and the law, and has been quoted in such publications as The New York Times, TIME magazine, Law360, the National Law Journal, Salon.com, and Law Times of Canada.

  • Education
    • University of Texas School of Law

      Juris Doctor, 1989

      Member, Board of Advocates Received the Vision & Elkins Scholarship, West Publishing Award, and Corpus Juris Secundum Award

    • Rutgers University (Rutgers College)

      B.A. in History, B.A. in Comparative Literature, 1986

      National Merit Scholar Phi Beta Kappa Henry Rutgers Scholar Graduated with general honours and departmental honours in both majors