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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
- Mediation: 95%
I have mediated a number of civil disputes, including contract disputes, insurance coverage, intellectual property, labor & employment, and personal injury.
12 years, 250 cases
- 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.
24 years, 500 cases
Languages spoken
English
Photos and videos
Contact
No contact information available
Resume
| State | Status | Acquired | Updated |
|---|---|---|---|
| TX | Eligible To Practice In Texas | 1998 | 12/05/2020 |
| Award name | Grantor | Date granted |
|---|---|---|
| Texas Rising Star | Texas Super Lawyers | 2012 |
| Texas Rising Star | Texas Super Lawyers | 2011 |
| Texas Rising Star | Texas Super Lawyers | 2009 |
| Texas Rising Star | Texas Lawyer Magazine | 2008 |
| Texas Rising Star | Texas Lawyer Magazine | 2007 |
| Texas Rising Star | Texas Lawyer Magazine | 2006 |
|---|---|---|
| Texas Rising Star | Texas Lawyer Magazine | 2005 |
| Title | Company name | Duration |
|---|---|---|
| Owner | McFarlane Mediations | 2019 - Present |
| Associate | Morgan Lewis & Bockius | 2008 - 2010 |
| Senior Associate | Fulbright & Jaworski | 1998 - 2008 |
| Intern | The Supreme Court of Texas | 1997 - 1997 |
| Association name | Position name | Duration |
|---|---|---|
| The Association of Women Attorneys | Member | 2009 - Present |
| American Bar Association | Member | 2008 - Present |
| Houston Bar Foundation | Fellow | 2002 - Present |
| Houston Bar Association | Member | 1998 - Present |
| The Association of Women Attorneys | Board Member | 2011 - 2015 |
| Women's Business Enterprise Alliance | Member | 2010 - 2018 |
|---|---|---|
| Texas World Affairs Council | Member | 2007 - 2008 |
| The College of the State Bar of Texas | Member | 2006 - 2008 |
| Publication name | Title | Date |
|---|---|---|
| Insurance Journal | Agents, Adjusters Vulnerable to Lawsuits Even When They're Not to Blame | 2011 |
| Association of Women Attorney's Newsletter, Volume 4, Issue 3 | Avoiding Hidden Pitfalls: Insurance Coverage | 2011 |
| Houston Bar Assocation Continuing Legal Education | Director and Officer Liability: Lessons Learned from Disney | 2006 |
| Texas Lawyer | A More Modern Class Action? Bill Allows Removal to Federal Court | 1999 |
| Texas Journal of Women and the Law | Improving Prosecution of Battering Partners: Some Innovations in the Law of Evidence | 1997 |
| School name | Degree | Graduated |
|---|---|---|
| The University of Texas School of Law | JD - Juris Doctor | 1998 |
| College of William and Mary | BA - Bachelor of Arts | 1994 |
| Conference name | Title | Date |
|---|---|---|
| Law Student Boot Camp | Self-Promotion and Networking | 2012 |
| Regular Meeting | The Thin Line Between Clever and Stupid: Navigating the Pitfalls of Entrepreneurship | 2011 |
| 3rd Annual Business Torts Institute 2011 | What Every Business Tort Lawyer Should Know About Insurance Coverage | 2011 |
| 12th Annual Windstorm Insurance Conference | Caught in the Middle: Claims Against Agents, Brokers, and Adjusters | 2011 |
| Houston Bar Association Continuing Legal Education | Director and Officer Liability | 2006 |
| Case name | Outcome |
|---|---|
| Charles v. Administration Plus | Confidential |
| Calhoun v. Milstead Automotive | The case was dismissed |
| Theresa Peebles et. al. v. Adoptions Abroad, et. al. | Agreed Dismissal with prejudice |
| Victor Bhatt v. Centerpoint Energy Houston Electric, LLC | Dismissal of Kirksey with prejudice |
| Harris Corporation v. Ericsson Inc. | Harris won at trial |
| Chong Hua Sheng Mwu Gwung Committee, Inc. v. Eric Chen | CHSWG, Inc. won at trial and on appeal. |
|---|---|
| Mary Louise Mathieson v. Allright Parking, Inc. | Defense Verdict. |
| Fred Mendez v. Kathleen Sipe | Complete 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 |
Professional, responsive, and extremely helpful
Posted by D. W. Jordan
Sun Nov 27 2011
Attorney Recommends Kubiak
Posted by Kaye
Wed Jan 12 2011
Local advice and support for overseas client from London
Posted by simon
Mon May 03 2010
In-House Counsel
Posted by anonymous
Mon Jan 11 2010
Advertising
Attorney endorsements
(4)I endorse this lawyer. Ms. Kubiak is very knowledgeable attorney.
Chelsie Garza, Mediation 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, Commercial real estate 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.
Cost
- No cost information available.