Ashton Randall

3100 Monticello Ave., Ste. 725
Dallas, Texas 75205
Tel. (214) 628-9966
[email protected]
 

Having practiced in one of the world’s largest international law firms, Ashton Randall represents a variety of international businesses, multi-state corporations, and entrepreneurs in legal disputes, at-risk deals, and corporate matters around the world. He is experienced in state, federal, bankruptcy, and appellate court practice in multiple jurisdictions and maintains bar licenses in Texas, the District of Columbia, and Mississippi. He has entered appearances in 18 federal district courts, federal circuit courts of appeal, and bankruptcy courts, along with multiple state courts around the country. He has arbitrated matters across the United States, in Europe, and the Caribbean.

He has litigated, negotiated, mediated, and/or arbitrated (under AAA, ICDR, JAMS, and FINRA rules) billions of dollars worth of legal disputes and deals. He handles a wide range of plaintiff and defense litigation in commercial and intellectual property disputes, corporate/securities, construction cases, real estate and investment ventures, oil and gas, rail road, trucking, and shipping, products liability and tort, and labor and employment matters.

Texas Monthly Magazine has repeatedly recognized him as one of the top litigators under 40 in the State of Texas. He is a frequent writer and speaker on legal issues and litigation strategy and continues to lecture and teach at the Academy of American and International Law, the University of Texas at Dallas, and Southern Methodist University.

Representative Client Matters*

Banking and Credit Industry

  • Represented numerous plaintiffs and defendants in credit card and banking industry, commercial and securitized lease litigation, collections, sworn accounts, loans, and negotiable instrument matters.
  • Defended major national lending institutions in state and federal court against Fair Debt Collection Practices Act, Texas FDCPA, and other lending and consumer protection law claims.
  • Internationally arbitrated Sharia compliant Mudaraba commercial investment matters.

Business Disputes

  • Represented numerous plaintiffs and defendants in commercial disputes, breach of contract cases, investments gone wrong, con-torts, tortious interference, shareholder and member claims, business disparagement, and fiduciary duty matters.
  • Defended major oil and gas developer in 9 month jury trial against plaintiff seeking $1B in damages for, among dozens of claims, alleged misappropriation of trade secrets and tortious interference with plaintiff’s oil development rights for Eurasian country.
  • Represented hundreds of plaintiff land owners in multi-billion dollar corporate fraud litigation over large corporations’ unauthorized bootlegging of fiber optic corridors across electrical and gas easements.
  • Represented numerous plaintiffs and defendants in partnership, LLC, equity fund, and joint venture divorces, litigation, dissolutions, and buy outs.
  • Represented rail roads in joint track agreement litigation and arbitrations.
  • Represented clients in interstate trucking contracts and litigation, transportation agreements, and related business issues.
  • Represented plaintiffs in petroleum supply contract litigation.
  • Multiple temporary restraining order, temporary injunction, and permanent injunction matters.
  • Multiple appearances in bankruptcy proceedings, including MCI/WorldCom and Enron/EOTT bankruptcies.
  • Arbitrated nationally and internationally under AAA, ICDR, JAMS, and FINRA arbitration rules and guidelines.

Construction/ Real Estate

  • Represented general contractors in commercial construction litigation and arbitrations against owners, subcontractors, and suppliers.
  • Internationally arbitrated power plant construction project representing plaintiff general contractor with over $800M in damages.
  • Represented buyers, sellers, and litigants in commercial real estate matters, including purchases and sales of commercial properties, businesses, partnerships, and franchises.

Employment

  • Represented numerous plaintiffs and defendants in employment disputes, employment contracts, independent contractor litigation and contracts, non-competes, confidentiality agreements, trade secret matters, and injunctions related to same.
  • Defended corporations, employees, unions, and management in federal court against Title VII, §1981, and §1986 discrimination claims, as well as, slander and intentional infliction of emotional distress, discrimination, and civil assault charges.
  • Represented clients in Federal Employers’ Liability Act (“FELA”), The Federal Railroad Safety Act, and The Locomotive (“Boiler”) Inspection Act litigation, and joint track agreement litigation and arbitrations.

Intellectual Property / Technology

  • Represented clients with intellectual property/ technology inventions in conjunction with patent prosecution, trademark, and copyright counsel.
  • Represented clients in patent, copyright, and trade dress litigation.
  • Represented clients regarding trade secret protection practices, litigation, confidentiality agreements, and injunctions related to same.

Outside Corporate Counsel

  • Experienced outside general counsel to privately held corporations and partnerships.
  • Experienced salvage negotiator for at-risk deals, partnership disputes, and joint ventures (litigation experience to handle all injunctions, litigation, and or arbitrations that may be necessary).
  • Experienced counselor during transaction negotiations and contract drafting regarding risk/exposure issues, indemnity and warranty issues, ADR clauses, and successor liability.
  • General counsel to 501(c)3 burn treatment and research foundation. http://www.sonsoftheflag.org/

Securities

  • Represented clients in federal court involving the Private Securities Litigation Reform Act (“PSLRA”), the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisors Act, and related claims.
  • Arbitrated multiple securities, member firm, associated person, broker, and investment matters before the Financial Industry Regulatory Authority (“FINRA”).

Torts

  • Represented numerous clients in death and severe injury matters: petroleum industry, products liability, pharmaceutical, industrial accidents, collisions, railroad, trucking, offshore and maritime, explosions, mechanical and structural failures.
  • Multiple premises liability matters.
  • Multiple products liability matters.
  • Defended corporations against negligence and negligent entrustment of company vehicle claims.
  • Experienced handling utility line & construction matters involving public utilities, as well as, the Rural Electric Association (REA), Rural Utility Services (RUS), and ANSI specifications & guidelines.
  • Experienced handling wood preservative treatment industry cases involving PENTA, CCA, and creosote preservatives.

*Some matters handled at prior firms.

Admissions*

  • Texas
  • District of Columbia
  • Mississippi
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the District of Columbia
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of Oklahoma
  • U.S. District Court for the Middle District of Louisiana
  • U.S. District Court for the Western District of Louisiana
  • U.S. District Court for the Northern District of Mississippi
  • U.S. District Court for the Southern District of Mississippi
  • U.S. Bankruptcy Court for the Northern District of Texas
  • U.S. Bankruptcy Court for the Eastern District of Texas
  • U.S. Bankruptcy Court for the Southern District of Texas
  • U.S. Bankruptcy Court for the Southern District of New York
  • U.S. Bankruptcy Court for the Western District of Louisiana
  • Mississippi Supreme Court
  • Domestic and International Arbitral Forums (U.S., Europe, Caribbean)

*Some court admissions via pro hac vice.

Professional & Community Involvement

  • Member, American Bar Association
  • Member, Texas Bar Association
  • Member, Dallas Bar Association
  • Representative and Committee Member to DBA President’s Professionalism and Service Task Force.
  • Selected to the DAYL Leadership Class of 2004
  • Member, District of Columbia Bar Association
  • Member, Bar Association for the Fifth Federal Circuit
  • Member, Mississippi Bar Association
  • Member, National Association of Railroad Trial Counsel (NARTC)

Pro Bono Work

  • Legal aid to U.S. Military Veterans.
  • Legal aid for hurricane victims.

Awards & Recognition

Noteworthy Experience

  • Worked with and taught international lawyers, foreign judges, and diplomats from over 100 countries.
  • University of Texas at Dallas – Taught Survey of Jury Trial Theory and Practice.
  • U.S. State Department’s International Visitor Leadership Program – Coordinator and Lecturer, with Mock Trial Presentation teaching the American Civil Jury Trial System to foreign diplomats and foreign federal judges.
  • Academy of American and International Law Academy – Coordinator and Lecturer, with Mock Voir Dire and Mock Trial Presentation (showcasing the American Jury Trial System), simultaneously tried to verdict to multiple juries comprised of international lawyers and foreign diplomats from over 100 countries.
  • SMU’s Dedman School of Law – Head Coach, ATLA Mock Trial Team, 2003-2006.

Articles, Publications, & Lectures

Articles

  • Author, “Texas Supremes Add New Teeth to Non-Competes…For Now,” GT Alert, December 2006.
  • Author, “Made-For-TV Depositions and Cross Examinations,” Focus: Trial Skills and Business Litigation, Dallas Bar Association’s, Head Notes, April 2006.
  • Major contributing author, “Texas Construction Law: Bidding System in the Construction Industry and Selected Construction Contract Provisions, Risk Allocation, and Balancing the Deal,” as presented at the June 17 & 18, 2004, Texas Construction Law Conference (Professional Education Systems Institute, LLC) in Dallas, Texas.
  • Author, “Think You Are Just Cutting Office Overhead with Your Corporate Structure? The ‘Single Business Enterprise’ Doctrine Could Allow Your Corporate Veil to be Pierced,” Commercial Litigation Newsletter, 2004.

Lectures

  • Presenter, “Building Castles and Avoiding Killing Fields: Trial Strategies and Techniques From and For Generation X,” Texas Association of Defense Counsel’s Winter Conference, February 2-5, 2011.
  • Presenter, “Building Castles and Avoiding Killing Fields: Trial Strategies and Techniques From and For Generation X,” National Association of Railroad Trial Counsel’s Annual Conference, Santa Fe, New Mexico, July 25-28, 2010.
  • Co-Author and Presenter, “Updates and Trends in Intellectual Property Rights, Commercial Litigation, and SEC Issues,” July 9, 2008 (3 hour CLE approved by Texas Bar CLE).
  • Panel Member and Speaker, Dallas Area Paralegal Association’s Conference on Working with Lawyers, November 8, 2005.
  • Panel Leader and Committee Member, Dallas Bar Association’s Professionalism and Service Conference, May 26, 2005.
  • Author and Presenter, “Dealing with Corporate Gorillas in Commercial Litigation at the Representing Small Businesses Institute,” Austin, TX, December 9-10, 2004 (sponsored by the Texas Bar CLE).

Education

  • J.D., University of Mississippi School of Law
  • B.S., Millsaps College (Biology with Chemistry minor, pre-med.)