Brian E. Waters

I help clients understand how they can achieve their goals, instead of being discouraged by all the reasons that make an objective seem too difficult or impossible. By understanding both their business and legal needs, I can develop creative strategies that solve their most challenging problems while also protecting them from risk.

Experienced at both the trial and appellate court levels, Brian Waters focuses his practice on commercial and other civil litigation matters involving a broad range of issues, including breach of contract, fraud, real estate disputes, collections, contractor-subcontractor disputes, construction defects, insurance coverage, and personal injury and property damage defense. He handles a wide variety of complex litigation for energy, real estate and construction clients throughout Texas, as well as a national docket of contract dispute and collection matters for a multinational E&P company.

Brian handles an active real estate litigation docket, representing brokers, agents and sellers in litigation matters arising from real estate transactions, including claims for breach of contract, breach of fiduciary duty, fraud, misrepresentation, DTPA violations and negligence. He also helps carriers and policy holders resolve multi-million-dollar insurance coverage disputes in state court, federal court, and arbitration. Brian’s personal injury and property damage practice involves defending clients against all types of claims, ranging from slip and falls and motor vehicle accidents to catastrophic workplace injuries in both land and offshore E&P operations.

While attending the South Texas College of Law, Brian served as a judicial intern for the Honorable Lynn N. Hughes in the Southern District of Texas, where he learned how complex cases are assessed from the other side of the bench and effective ways to deliver oral and written arguments that resonate with judges in his private practice.

Representative Experience

Commercial & Civil Litigation

  • Handles commercial contract dispute and collection cases for large energy company with active matters in several states
  • Represents nationwide retailer in lawsuits ranging from non-conformity claims by customers to shipping disputes with carriers
  • Represented component part manufacturer to recover contract price from purchaser who withheld payment claiming goods failed to conform to contract specifications
  • Defended company in suit by former executive level employee claiming breach of employment contract
  • Successfully recovered misappropriated funds for investment company by foreclosing and liquidating assets funded with company money
  • Handled national nonparty subpoena docket for large energy company

Real Estate

  • Represents prominent real estate broker and agents in a wide array of real estate disputes including claims for fraud, misrepresentations, DTPA violations, breach of fiduciary duty, and negligence   
  • Represented real estate seller in suit alleging failure to disclose water penetration condition at property and asserting claims for fraud, DTPA violations, and breach of contract
  • Represented commercial landlord in multi-million dollar breach of lease lawsuit


  • Obtained summary judgment on duty to defend under CGL Policy in lawsuit alleging approximately $1 million of damage to agricultural property
  • Defended carrier in state and federal court, including extensive battle over federal jurisdiction, in suit by major oil and gas company asserting claims for bad faith, statutory damages, and insurance coverage in excess of $20 million
  • Defended carrier in arbitration against claims by major oil and gas company for bad faith, statutory damages, and insurance coverage in excess of $20 million 

Personal Injury Litigation

  • Represents large upstream oil and gas company in lawsuits related to motor vehicle accidents involving company vehicles or vehicles driven by company employees or contractors
  • Represents large downstream oil and gas company in premises liability lawsuits related to alleged injuries on company property
  • Defended offshore platform operator in federal court lawsuits brought by contractors alleging work-related injuries and asserting claims for negligence and gross negligence
  • Defended contractor of a large energy company against multiple personal injury claims stemming from a fatal fire at a natural gas liquid storage facility
Thought Leadership / News
  • Selected by his peers for inclusion in Woodward/White, Inc.'s The Best Lawyers in America "Ones to Watch" in the fields of Commercial Litigation and Insurance Law (2022)
  • Named a Rising Star by Texas Super Lawyers (a Thomson Reuters company) as published in Texas Monthly and Texas Super Lawyers magazines (2017 - 2021)
Organizational Involvement

Professional Activities, Memberships & Affiliations

  • State Bar of Texas
  • American Bar Association
  • Houston Bar Association
  • Houston Young Lawyers Association
  • Texas Association of Defense Counsel

Community Activities, Memberships & Affiliation

  • South Texas College of Law Young Alumni Council - Member (2014 - present)
  • Hermann Park Conversancy - Urban Green – Steering Committee (2014 - 2018)
  • Scene – Alley Theatre Young Supporters (2017 - present)
  • J.D., magna cum laude, South Texas College of Law Houston, Articles Editor, Corporate Counsel Review, Senior Senator, Student Bar Association, Phi Delta Phi (2013)
  • B.S., cum laude, Texas State University (2009)
Bar Admission
  • Texas
Court Admissions
  • United States District Court, Eastern District of Texas
  • United States District Court, Northern District of Texas
  • United States District Court, Southern District of Texas
  • United States District Court, Western District of Texas
  • United States Court of Appeals, Fifth Circuit
When I Feel Most At Home
  • Exploring Houston by bicycle with my wife, Holly
  • Getting the most out of our airline points with quick weekend trips around the country
  • Trying new restaurants with friends
  • Watching college football and Houston professional sports
  • Hanging out with our Boston terriers, Gracie and Tucker