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also known as Heather Kubiak, Heather Fleniken
Heather (Kubiak) McFarlane - Transforming Conflict Into Resolution
Heather devotes her practice to mediating civil disputes. Her world view that every problem has a solution.
For over 20 years, Heather represented businesses in a variety of complex commercial litigation, including insurance coverage, directors and officers disputes, and contract disputes. Heather has first-chaired 15 jury trials, two bench trials, and an AAA arbitration to verdict. In 2010, she became a mediator. She now focuses her practice on mediating all types of civil cases, including intellectual property, insurance coverage, personal injury, labor & employment, and contract disputes. Since 2021, she has been mediating family disputes.
Heather was selected and trained at Harvard Law School's "Advanced Mediation Workshop: Mediating Complex Disputes." She earned her J.D., with honors, from the University of Texas School of Law in 1998, where she worked on the Review of Litigation and published an article in the Texas Journal of Women and the Law. She also performed for the law school's theatre troupe, Assault & Flattery. In 1994, she earned her A.B. in English from the College of William & Mary.
Heather frequently speaks and writes on the topics of mediation, ethics, and intellectual property. She has served on the leadership of the ADR section of the Houston Bar Association and President of the Houston Chapter of the Association of Attorney Mediators.
2
Practice Areas
17 years | 250 cases
29 years | 500 cases
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Chat withState: Texas
Acquired: 1998
No misconduct found
Showing 1 - 4 of 4 client reviews from Avvo
Posted by D. W. Jordan | November 27, 2011
My family hired Ms. Kubiak based on a recommendation from a family friend who is also an attorney in the Houston area. Ms. Kubiak helped us get an insurance claim case that had been stagnant for months moving and settled. Unlike the attorney that our insurance company had assigned, Ms. Kubiak was ava...
Posted by Kaye | January 12, 2011
Heather Kubiak helped me launch my own law practice. After having advised businesses for over a decade while working at a large law firm, she has carefully researched the pros and cons of various business entities. Her attention to detail in determining how to best incorporate, was very helpful to ...
Posted by simon | May 3, 2010
As a client from another country, I relied on a London solicitor to refer me to a Texas lawyer. I could not have been more pleased with Heather Kubiak. I had a commercial dispute that arose over the internet. The case was tricky because it was not large enough to file a lawsuit over, but Heather’s...
Posted by anonymous | January 11, 2010
Rather than just "doing her job," Heather takes a personal interest in the matters I send her, and partners with me. She frequently raises business and legal issues with me that add value to my company, and she understands reporting in a corporation. She is efficient, succinct, and moves the cases ...
"Heather is extremely professional and knowledgeable. I would not hesitate to use her as a mediator on one of my cases as I am sure she has the skill and experience to help resolve the matter."
"Heather Kubiak is a smart, well-prepared, skilled commercial litigator. Any time I have a question about business litigation, I pick up the phone and call her. Commercial lawsuits are quite often fast-paced, and you need a skilled litigator who knows the ropes from the beginning. That attorney is Heather Kubiak. I have known Heather for several years, since we worked together at Fulbright & Jaworski LLP, Houston's largest law firm. Since that time, she has founded her own law firm, Kubiak & Carter PLLC, where she handles commercial litigation matters of all sizes. I strongly recommend Heather Kubiak."
"I endorse Heather Kubiak's work. In 2007-08, Heather and I represented co-defendant insurers in a complex D&O coverage case. As counsel for the primary carrier, Heather took the lead in preparing a motion for summary judgment on a key legal issue - whether an exclusion for claims brought by a bankruptcy trustee against directors and officers of the insured was excluded from coverage. The insurers prevailed on the motion, which facilitated a favorable resolution of the entire dispute. I also enjoyed working with Heather. She is smart, experienced and a strong advocate."
Medical malpractice lawyer
Health care lawyer
Insurance lawyer
Car accident lawyer
2012
Texas Rising Star, Texas Super Lawyers
2011
Texas Rising Star, Texas Super Lawyers
2009
Texas Rising Star, Texas Super Lawyers
2008
Texas Rising Star, Texas Lawyer Magazine
2007
Texas Rising Star, Texas Lawyer Magazine
2006
Texas Rising Star, Texas Lawyer Magazine
2005
Texas Rising Star, Texas Lawyer Magazine
2019 - Present
Owner, McFarlane Mediations
2008 - 2010
Associate, Morgan Lewis & Bockius
1998 - 2008
Senior Associate, Fulbright & Jaworski
1997 - 1997
Intern, The Supreme Court of Texas
2009 - Present
The Association of Women AttorneysMember
2008 - Present
American Bar AssociationMember
2002 - Present
Houston Bar FoundationFellow
1998 - Present
Houston Bar AssociationMember
2011 - 2015
The Association of Women AttorneysBoard Member
2010 - 2018
Women's Business Enterprise AllianceMember
2007 - 2008
Texas World Affairs CouncilMember
2006 - 2008
The College of the State Bar of TexasMember
Confidential
The case was dismissed
Agreed Dismissal with prejudice
Dismissal of Kirksey with prejudice
Harris won at trial
CHSWG, Inc. won at trial and on appeal.
Defense Verdict.
Complete Plaintiff's verdict - collection complete
We obtained summary Judgment
1998
JD - Juris Doctor
1994
BA - Bachelor of Arts
2012
Self-Promotion and Networking
2011
2011
2011
2006
Director and Officer Liability
2011
2011
2006
1999
1997
English
Legal Answers
Legal Guides
Can I change what I agreed to in mediation before my divorce is final?
22 Aug 2019
In commercial lease who is responsible for AC and heating system, landlord or leeseee
16 Jun 2010
I know my baby mom forged my signature on the birth certificate what can happen for that?
07 Apr 2010
What to Expect When you Mediate a Case
17 Jan 2011
Top legal considerations before agreeing to serve on the board of directors for a non-profit company
28 Mar 2010
Health Insurance for Young Adults with Special Needs Who Are Transitioning to Adult Care
08 Jan 2010