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Heather McFarlane

also known as Heather Kubiak, Heather Fleniken
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  • Licensed for 21 years
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About Heather

Heather (Kubiak) McFarlane - Transforming Conflict Into Resolution

Heather devotes her practice to mediating non-family, 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.

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.

Practice areas

LitigationMediation
  1. Mediation: 95%

    I have mediated a number of civil disputes, including contract disputes, insurance coverage, intellectual property, labor & employment, and personal injury.

    11 years, 250 cases

  2. Litigation: 5%

    I have represented both plaintiffs and defendants in commercial matters. I have tried 14 jury cases, for bench trials, and one arbitration to verdict as a first-chair lawyer (the person responsible for the case). I have handled many other contested hearings and trials that did not reach verdict.

    23 years, 500 cases

Languages spoken

English

Photos and videos

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Contact

No contact information available

Resume

License
StateStatusAcquiredUpdated
TXEligible To Practice In Texas 199812/22/2019
We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal answers132
Legal guides3
Awards
Award nameGrantorDate granted
Texas Rising StarTexas Super Lawyers2012
Texas Rising StarTexas Super Lawyers2011
Texas Rising StarTexas Super Lawyers2009
Texas Rising StarTexas Lawyer Magazine2008
Texas Rising StarTexas Lawyer Magazine2007
Texas Rising StarTexas Lawyer Magazine2006
Texas Rising StarTexas Lawyer Magazine2005
Work Experience
TitleCompany nameDuration
OwnerMcFarlane Mediations2019 - Present
AssociateMorgan Lewis & Bockius2008 - 2010
Senior AssociateFulbright & Jaworski1998 - 2008
InternThe Supreme Court of Texas1997 - 1997
Associations
Association namePosition nameDuration
The Association of Women AttorneysMember2009 - Present
American Bar AssociationMember2008 - Present
Houston Bar FoundationFellow2002 - Present
Houston Bar AssociationMember1998 - Present
The Association of Women AttorneysBoard Member2011 - 2015
Women's Business Enterprise AllianceMember2010 - 2018
Texas World Affairs CouncilMember2007 - 2008
The College of the State Bar of TexasMember2006 - 2008
Publications
Publication nameTitleDate
Insurance JournalAgents, Adjusters Vulnerable to Lawsuits Even When They're Not to Blame2011
Association of Women Attorney's Newsletter, Volume 4, Issue 3Avoiding Hidden Pitfalls: Insurance Coverage2011
Houston Bar Assocation Continuing Legal EducationDirector and Officer Liability: Lessons Learned from Disney2006
Texas LawyerA More Modern Class Action? Bill Allows Removal to Federal Court1999
Texas Journal of Women and the LawImproving Prosecution of Battering Partners: Some Innovations in the Law of Evidence1997
Education
School nameDegreeGraduated
The University of Texas School of LawJD - Juris Doctor1998
College of William and MaryBA - Bachelor of Arts1994
Speaking Engagements
Conference nameTitleDate
Law Student Boot CampSelf-Promotion and Networking2012
Regular MeetingThe Thin Line Between Clever and Stupid: Navigating the Pitfalls of Entrepreneurship2011
3rd Annual Business Torts Institute 2011What Every Business Tort Lawyer Should Know About Insurance Coverage2011
12th Annual Windstorm Insurance ConferenceCaught in the Middle: Claims Against Agents, Brokers, and Adjusters2011
Houston Bar Association Continuing Legal EducationDirector and Officer Liability2006
Legal cases
Case nameOutcome
Charles v. Administration PlusConfidential
Calhoun v. Milstead AutomotiveThe case was dismissed
Theresa Peebles et. al. v. Adoptions Abroad, et. al.Agreed Dismissal with prejudice
Victor Bhatt v. Centerpoint Energy Houston Electric, LLCDismissal of Kirksey with prejudice
Harris Corporation v. Ericsson Inc.Harris won at trial
Chong Hua Sheng Mwu Gwung Committee, Inc. v. Eric ChenCHSWG, Inc. won at trial and on appeal.
Mary Louise Mathieson v. Allright Parking, Inc.Defense Verdict.
Fred Mendez v. Kathleen SipeComplete Plaintiff's verdict - collection complete
Horton v. Unisun Inc.We obtained summary Judgment
Petrie v. Quicksilver Resources, Inc.
290 at 71 LLC v. JPMorgan Chase Bank, N.A. and the Federal Deposit Insurance Corporation

Reviews

(4)
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Review Heather McFarlane

Professional, responsive, and extremely helpful

Posted by

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 available, responsive, and appropriately aggressive in providing information to my family and getting the case settled. She was sensitive to the worry and stress that a case such as ours can create on a family. I would most certainly recommend Ms. Kubiak to anyone.

Attorney Recommends Kubiak

Posted by

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 me. I recommend Heather as a solid business lawyer. She is responsive, helpful, and imminently knowledgeable.
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Attorney endorsements

(4)
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Kenneth LaBore, Nursing home abuse and neglect Attorney on Jan 25, 2013
Relationship: Fellow lawyer in community

I endorse this lawyer. Ms. Kubiak is very knowledgeable attorney.

Chelsie Garza, Personal injury Attorney on Aug 8, 2011
Relationship: Fellow lawyer in community

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.

Robert Painter, Medical malpractice Attorney on Apr 22, 2010
Relationship: Fellow lawyer in community

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.

Amy Stewart, Insurance Attorney on Jan 4, 2010
Relationship: Worked together on matter

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.

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