Breck Harrison

Career

Breck Harrison has a broad commercial litigation practice that spans over 25 years. Breck represents clients in an array of complex business disputes that include business tort and contract matters, partnership and shareholder disputes, and fraud and fiduciary duty claims.

Breck maintains an active trial practice and has tried cases to verdict and final judgment before federal and state court juries and bench trials, and before arbitration panels. He has litigated many significant cases involving complex issues arising from engineering and construction contracts, power purchase agreements, cross-border marketing, sale and distribution of products, and the production, sale, and delivery of electric power. Breck routinely represents international clients in litigation, including clients based in Latin America, Europe, and Asia. Breck also has significant experience litigating governmental immunity issues and challenging or defending against actions by Texas state agencies and governmental entities.

Prior to entering college and law school, Breck enlisted and served in the United States Army’s Military Intelligence Corps from 1988 to 1992.

Professional Memberships

Breck serves on the Board of Directors for the Colorado River Alliance, which promotes education and responsible stewardship of the Colorado River and Highland Lakes.

Work Highlights

- In Chase Bank v. Agape Round Rock Housing, Inc., obtained reversal on appeal of multi-million dollar judgment against national bank on claims for wrongful handling of construction loan proceeds and trust funds for large multi-family development.

- In Dixie Equipment v. Energia de Ramos, obtained $16 million arbitration award for defective construction of a power plant in Mexico, and defeated district and appellate court challenges to award.

- In Johnson v. HealthWallet, obtained summary judgment dismissing fraud, fiduciary duty, conversion and misrepresentation claims asserted by former shareholder against co-owners in litigation brought in Mississippi.

- In HealthWallet v. McLendon, obtained injunctive relief halting wrongful competitive actions by former CTO and business partners seeking to divert client customers and business.

- Represented electric utility in defense of claims for property damage sustained at over 150 school campuses arising from interruptions in electric service.

- In In re Simons Broadcasting, LP, obtained directed verdict following two-week federal court jury trial rejecting all claims against client for misappropriation and theft of trade secrets and proprietary information.

- Represented manufacturers in the defense of claims brought by distributors arising from marketing and distribution agreements, including a three-week jury trial in California state court over claims for breach of exclusive marketing rights.

- In City of Austin v. Findley, obtained reversal on appeal of trial court’s denial of city’s plea to the jurisdiction based on governmental immunity in multi-million-dollar wrongful death lawsuit.

- Trial counsel in contested case hearings at SOAH and the Railroad Commission of Texas over client rate increases for water and wastewater service, and permits associated with operation of coal mines, and commercial fluid recycling facility permit sought by oil industry client.

- Obtained complete dismissal of property damage, personal injury and wrongful death claims for power interruptions and outages asserted against four electric utilities by over 20,000 plaintiffs in multi-district litigation arising from Winter Storm Uri.

- In Wynne v. LCRA, obtained appellate court’s affirmance of trial court’s dismissal of claims against river authority’s board of directors based on governmental immunity.

- Obtained dismissal on summary judgment of personal injury claims arising from electric contact incident based on circuitous indemnity arising from plaintiff’s violation of Texas Health & Safety Code Chapter 752.

Industry Sector Expertise

- Representation of electric power and water providers in disputes and claims arising from supply interruptions and outages, contact incidents and contracts for delivery

- Construction defects and claims arising from large-scale construction projects, including commercial buildings, electric power plants and water treatment facilities

- Contract disputes over the manufacture, sale and distribution of technology and equipment, and related intellectual property rights

- Shareholder, partnership and other business disputes including fiduciary duty, misappropriation, tortious interference and business disparagement claims

Education