Photo of Brian A. Colao

Brian A. Colao Member

Areas of Practice

Industries

Bar Admissions

  • Texas

Court Admissions

  • U.S. Court of Appeals, 11th Circuit
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, 10th Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Southern District of Illinois

Education

Vanderbilt University, J.D.

Binghamton University State University of New York, B.A.

  • with outstanding academic achievement

Brian Colao is the Director of Dykema’s Dental Service Organizations Industry Group. He is widely regarded as one of the foremost authorities in the United States on DSO formation, DSO business structures, DSO related mergers and acquisitions, and regulatory compliance for DSOs including the corporate practice of dentistry, illegal fee splitting, advertising regulations, laboratory regulations, patient finance regulations, billing regulations, HIPAA regulations, credentialing, permit and licensure regulations, marketing regulations, and labor law regulations affecting dental practices. More information on Dykema’s industry-leading DSO Group can be found at DykemaDSO.com.

In addition to his work with the health care and dental industry, Mr. Colao has a nationwide practice that focuses on all facets of complex commercial litigation, including contractual disputes, franchise disputes, issues of corporate governance, breach of fiduciary duty, theft of trade secrets, unfair competition, covenants not to compete, patent, trademark and copyright infringement, fraud and deceptive trade practices, disparagement, lender liability and other business claims.

Throughout the past several years, Mr. Colao has served as lead trial counsel in many significant commercial disputes pending in more than 25 different federal districts in over 20 states. He has appeared as lead counsel in numerous state court cases pending in at least 10 states and three Canadian provinces. He has also represented clients in domestic and international arbitration proceedings pending in New York, London, Zurich, Costa Rica, Los Angeles, Atlanta, Dallas, Houston, Orlando, New Orleans, Miami and Jacksonville. Over the course of his career, Mr. Colao has tried in excess of 50 cases to judgment including jury trials, bench trials, and domestic and international arbitration proceedings.

Experience

  • Represented a major manufacturer of harsh environment fiber optic connectors in four lawsuits pending in Texas state and federal court and two commercial arbitration proceedings against five former officers, directors and shareholders of the company. Successfully obtained: 1) a jury verdict for violations of the Federal Computer Fraud and Abuse Act; 2) two arbitration awards totaling over a million dollars for breaches of representation and warranties contained in a Stock Purchase Agreement; and 3) a preliminary injunction prohibiting infringement of the client's patented technology as well as the dismissal of claims against the client for fraud, negligent misrepresentation, unfair competition and patent invalidity.
  • Defended numerous national retail stores in class actions and collective action filed by employees under the Fair Labor Standards Act and various other state employment laws. Successfully obtained the decertification of a collective action of approximately 100 employees in Texas and the dismissal of a second collective action of approximately 1,500 employees in California.
  • Defended a major seller and manufacturer of wireless communication equipment in a commercial arbitration proceeding in Orlando, Florida, initiated by a former strategic partner for the alleged breach of a joint venture agreement. Successfully obtained a defense verdict on multi-million dollar claims for breach of contract and fraud.
  • Defended a major anesthesia management company in a commercial arbitration proceeding in Houston, Texas, initiated by a former independent contractor for the alleged wrongful termination of a service agreement. Successfully obtained a defense verdict on multi-million dollar claims for breach of contract, disparagement and fraud.
  • Represented a candidate for Dallas City Council against claims of defamation and disparagement. Successfully defeated request for injunctive relief against client leading to favorable resolution of lawsuit and client won a victory in the election.
  • Represented one of the nation's leading neurologists in a commercial arbitration proceeding in Waco, Texas against a former business partner for defamation. Obtained favorable settlement after conclusion of one week arbitration proceeding.
  • Defended major Las Vegas casino in claims asserted by a wealthy customer that alleged that the casino violated the Texas Theft Liability Act by inducing him to gamble while under the influence of prescription medication that was alleged to have caused a gambling compulsion. Successfully obtained dismissal of the lawsuit.
  • Represented a group of approximately 85 orthodontists in multi-state litigation involving over 35 lawsuits pending in various federal and state courts in 13 states against a practice management company alleging breach of contract, violations of various state dental practices acts, fraud and deceptive trade practices. Obtained favorable jury verdicts for breach of contract after a four week trial in Miami, Florida and a three week trial in Atlanta, Georgia. Also received several summary judgment rulings of first impression that the client's contracts were unenforceable and void against public policy which led to a favorable settlement.
  • Represented a major computer memory manufacturer in litigation in state court in Idaho against the former President and General Manager of the company alleging, among other things, theft of trade secrets, breach of fiduciary duty, conversion and tortious interference with prospective economic advantage. Successfully obtained an injunction against the former officers which led to a favorable settlement of the case.
  • In re OrthAlliance, Inc. Contract Litigation, 350 F. Supp. 2d 1354 (J.P.M.L. 2004). Represented approximately 65 different clients before the judicial panel on multidistrict litigation and successfully prevented the consolidation and transfer of numerous cases to the forum of the opponent's selection.
  • Robert C. Penny et al. v. OrthAlliance, Inc., 255 F. Supp. 2d 579 (N.D. Tex. March 27, 2003) (No. CIV.A.3 :01-CV-1 1569-N). In a case of first impression, obtained summary judgment on behalf of a group of Texas orthodontists on the grounds that 20 year service agreements between orthodontists and a practice management company violated the prohibition on the corporate practice of dentistry contained in the Texas Dental Practices Act. In the years that followed, this case was widely cited, adopted and followed by numerous other Federal Courts in Washington, Florida, Illinois, Colorado, California, Texas and other states.

Memberships & Involvement

  • Dallas Bar Association
  • State Bar of Texas
  • American Bar Association
  • Federal Bar Association

Community/Civic Activities

  • Dallas Tennis Association
  • Texas Tennis Association
  • American Tennis Association
  • Tennis Competitors of Dallas
  • USA Film Festival
  • DAYL High School Involvement Committee
  • DAYL Lawyers for Children Committee
  • Make-A-Wish Foundation
  • Dallas Heart Ball
  • Dallas Theater Center—Stage Hands
  • Dallas Vanderbilt Club
  • Binghamton University Alumni Association and Law Advisory Committee

Named a Texas Rising Star by Law & Politcs, 2004-2006

Manchester Healthcare's Who's Who Among Healthcare Professionals, 2004