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Shareholder
2323 Bryan Street
Suite 2200
Dallas, Texas 75201
phone: (214) 969-4904
facsimile: (214) 969-4999
Email:
vogelson@sbep-law.com
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Areas of Practice
- Alternative Dispute Resolution as mediator, arbitrator or counsel (available for complex tort, business, financial, real estate development, commercial, securities, antitrust, intellectual property and class action cases)
- Business litigation (domestic and international)
- Antitrust, Intellectual Property litigation and licensing
- Class Action litigation
Practice Description
Alternative Dispute Resolution Practice: Attorney Mediator (more than 10 years experience). Arbitrator - American Arbitration Association: Arbitrator on Commercial, Complex Case, and International Panels (more than 20 years experience). Arbitrator, International Institute for Conflict Prevention & Resolution. Service both as neutral and as party-appointed arbitrator. International arbitration under UNCITRAL and other rules.
Litigation Practice: Litigation counsel for domestic and foreign companies and individuals, as plaintiffs or defendants, in class action cases, general business, corporate and financial transaction litigation and federal litigation with emphasis on contract disputes, securities, intellectual property, antitrust, bankruptcy adversary cases, and cases involving parties from different countries and different legal systems. Practice also includes representation of technology companies in international business transactions including licensing and distribution. On behalf of clients, mediation and arbitration before national and international fora, and counseling on dispute avoidance practices.
Recent Representative Matters
- Represented several hundred products liability plaintiffs in arbitration regarding scope of a settlement agreement and payment terms. Arbitration panel found all plaintiffs covered by the agreement and ordered payment.
- Represented a U.S. entertainment equipment company as defendant in a “bet the company” patent infringement, Lanham Act (false endorsement and false advertising) and attempt to monopolize antitrust suit brought by European competitors and their U.S. subsidiary. Plaintiffs’ press release claimed $100 million in damages and royalties. Following trial, a United States District Court ruled in January 2002 against the Plaintiffs on all counts, finding that the Plaintiffs’ claims were not valid, and sustaining all of the defenses we alleged. Plaintiffs appealed only the patent infringement claim dismissal. The U.S. Court of Appeals, Federal Circuit, reversed and remanded based on claim construction. Following retrial, the U.S. District Court in March, 2004, declared the patent to be invalid and unenforceable, granting judgment for our clients. See PMI Photomagic, Ltd. v. Foto Fantasy, Inc., et al, 2004 U.S. Dist., LEXIS 5306 (N.D. Tex. 2004).
- Represented a telecommunications company as defendant in several class action cases concerning telephone services provided to inmates in state correctional facilities. Cases filed in Kentucky, Illinois, Ohio, Oklahoma, District of Columbia and New Mexico involve First Amendment, due process, antitrust, telecommunications and various state law claims. Our defenses have been successful in all decided cases on motions to dismiss the complaints. See, e.g., Arsberry et al v. State of Illinois, et al, 244 F.3d 558 (7th Cir. 2001), cert. denied, 151 L.Ed.2d 576 (2001). The New Mexico Supreme Court affirmed dismissal of state law unfair competition and antitrust claims in a case of first impression. Valdez, et al v. State of New Mexico, et al, No. 26,830 (N.M. August 12, 2002).
- Represented an equipment leasing and financing company as defendant in litigation with the Federal Deposit Insurance Corporation. The FDIC sought to recover $250 million (actual and punitive damages) in connection with sale and lease-back transactions with MBank Dallas before it became insolvent. Claims concerned federal law regarding insolvent national banks. Our defense resulted in dismissal of the FDIC claims on a motion for summary judgment and affirmance of our client's counterclaim, resulting in a recovery for our client of approximately $10 million. In a subsequent related case, Bank One sued our client for approximately $4 million, claiming breach of a contract of sale of equipment leased to MBank. The Bank One claim was defeated on motion for summary judgment and affirmed on appeal. For principal decisions, see Bank One Texas, NA v. The Prudential Insurance Co. of America, Texas Commerce Bank, Federal Deposit Insurance Corporation and Capital Associates International, Inc., 878 F. Supp. 943 (N.D. Tex. 1995); Bank One Texas, NA v. Capital Associates International, Inc., 2000 US Dist. Lexis 7146 (N.D. Tex. 2000), 2000 US Dist. Lexis 11652 (N.D. Tex. 2000), aff’d, 254 F.3d 71 (5th Cir. 2001). We were selected by a national law firm to be lead trial counsel.
- Represented the Government of Mexico as amicus curiae on appeal in a case where recognition of a Mexican court judgment was refused by a United States District Court on grounds that the effective debt interest rate and judgment interest rate violated Texas public policy on interest rate ceilings. The decision was reversed on appeal, sustaining the views urged by the Government of Mexico. Southwest Livestock v. Reginaldo Ramón, 169 F.3d 317 (5th Cir. 1999).
- Represented a university in a class action case brought against colleges and universities alleging price fixing and other antitrust violations concerning interest rates on charitable gift annuities. Damages sought exceeded $1 billion. Case was dismissed after Congress passed legislation providing a specific exemption from the antitrust laws. We were selected by an international law firm as counsel and to serve on the defense steering committee.
- Represented a British military contractor as defendant in a breach of contract and environmental contamination case as a consequence of its sale of a U.S. subsidiary. Contract contained representations concerning the environmental condition of the U.S. facilities. We were able to secure a summary judgment dismissal in Texas state court. We were selected by an international law firm for this engagement.
- Represented a Spanish manufacturer of state-of-the-art brick manufacturing equipment in a breach of contract suit in which the equipment purchaser claimed that the equipment did not perform according to specifications. The plaintiff sought to recover in excess of $12 million. We were able to show sufficient lack of fault and sustain international law defenses that resulted in a settlement where an insurance carrier paid less than $1 million in settlement and our client was released without payment of any sum.
- Represented a Japanese engineering and manufacturing company as plaintiff in arbitration in Japan and in litigation in the United States against an engineering design firm concerning an explosion of the largest gas flare system in the North Slope of Alaska. We were successful in reaching a multi-million dollar settlement recovery. We were retained by a Japanese law firm for this engagement.
- Represented a Swiss manufacturer of milling equipment as defendant in a patent infringement and Walker Process monopolization antitrust case brought by its principal Italian competitor. Case was tried to the court without a jury. We were responsible for trial of the antitrust claim, which was dismissed by the court's judgment. We were engaged by an international intellectual property law firm.
- Represented former owners of a manufacturer of truck trailers who sold their company to a Swiss company on a leveraged buy-out and were not paid the installment purchase price after the acquiring company changed direction, resulting in bankruptcy. We obtained a jury verdict against the controlling Swiss investor on alter ego theories, which resulted in a multi-million dollar settlement.
Activities and Affiliations
- Member (Elected), American Law Institute
- Member, Council on Foreign Relations
- Member, United States Secretary of State’s Advisory Committee on International Law
- Co-Founder, Arab Legal Institute (along with Arab Lawyers Union, Paris Bar, International Bar Association and American Bar Association)
- Advisory Board Member, Central European and Eurasian Law Initiative
- American Bar Association’s Alternate Representative to United Nations
- Co-Chair, Blue Ribbon Working Group on International Terrorism, American Bar Association's Section of International Law and Practice
- American Bar Association’s Representative to Union Internationale des Avocats
- Chair (Dallas), Export Legal Assistance Network
- Former Chair, ABA Section of International Law and Practice
- Former Chair, ABA Standing Committee on World Order Under Law
- Former Chair, State Bar of Texas, Proposed Federal Legislation Committee
- Former Chair, State Bar of Texas, International Law Section
- Former Chair, Dallas Bar Association, Antitrust and Trade Regulation Section
- Vice Chairman, Texas Commission on the Arts (1994-1999) (appointed by Governor Ann Richards, confirmation approved by Governor George W. Bush)
- Co-author: Complying with International Antitrust Regulations (Matthew Bender, 1994)
- Member, American Bar Association; International Bar Association; Union Internationale des Avocats; State Bar of Texas; Dallas Bar Association; Association of Attorney-Mediators
Education and Experience
- Lehigh University (B.S., 1960)
- New York University School of Law (LL.B., 1963)
- Honor Law Graduate Program, United States Department of Justice (1963-1966)
- Attorney, President’s Commission on the Assassination of President John F. Kennedy (1964) ("The Warren Commission")
- Admitted to practice before: The Supreme Court of the United States; United States Courts of Appeals for the Fourth, Fifth, Tenth, Eleventh and Federal Circuits; United States Court of International Trade; United States Tax Court; United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas; United States District Court for the Eastern District of Michigan; and United States District Court for the District of Columbia
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