Professional and Civic Activities
David Brown navigates clients through increasingly complex regulatory and enforcement landscapes at both the state and federal levels. Mr. Brown has served a lead counsel for individuals, businesses, non-profits, and industry groups in matters before Texas judges and juries, arbitrators, the Federal Communications Commission (FCC), the Federal Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation (NERC), the Texas Reliability Entity/Texas Regional Entity, the Texas Department of Insurance, the Texas Department of Motor Vehicles, the Texas Department of Transportation, the Electric Reliability Council of Texas (ERCOT), the Texas Public Utility Commission, the Texas Attorney General's office, the Texas Medical Board, the Texas Appraisal Licensing and Certification Board, the Texas Board of Veterinarian Medical Examiners, the State Office of Administrative Hearings (SOAH), the Texas Commission on Environmental Quality, and administrative law judges in other forums.
Recently, Mr. Brown has devoted substantial energy to assisting municipalities and municipally-owned utilities (MOUs) in the development of regulatory regimes, standards, permits, and agreements governing the use of municipal and MOU-owned infrastructure for the deployment of wireline and wireless services facilities. These efforts on behalf of municipalities and MOUs have extended to negotiations with multiple telecommunications and cable service providers and enforcement and contract proceedings in state district and appellate courts.
Before forming EBBK, Mr. Brown was a complex civil litigation partner at K&L Gates handling a wide variety of state and federal cases in multiple venues. At EBBK, he continues to serve as lead trial counsel in state and federal court litigation in commercial claims and in attacks upon agency actions, including pre-emptive or parallel litigation, as well as judicial review. Mr. Brown has argued in federal and state courts of appeals, particularly in litigation involving agency overreaches.
Mr. Brown also represents public agency and private clients on a daily basis in Texas Public Information Act (PIA) and reverse-PIA proceedings, and has provided advice to clients on campaign finance compliance and lobbyist disclosure. He has testified before multiple legislative committees on telecommunications, municipal, tax, liability, and transportation issues, and assisted clients in their development of legislative strategies, including preparation of legislation, amendments to legislation, and legislative briefing materials.