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Education and Honors
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J.D. ( summa cum laude), Texas Southern University, Thurgood Marshall School of Law, 1995 Executive Editor, Thurgood Marshall Law Review
B.S.W. ( magna cum laude), Oakwood University, 1992
Recognized by D Magazine as one of the "Best Lawyers Under 40 in Dallas," 2002 and 2006
Recognized by D Magazine as one of the "Best Lawyers in Dallas," 2007 - 2008
Named by Law & Politics as a "Texas Rising Star," 2004 - 2005
Named by Law & Politics as a "Texas Super Lawyer," 2005 - 2009
Included among "Dynamic Lawyers 2007" by Eclipse Magazine, 2007
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Admissions and Affiliations
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Federal Judicial Evaluation Committee, Member
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Practice Areas
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Concentration Complex business litigation, unfair competition litigation, franchise litigation and white collar criminal defense
Summary Victor Vital has tried over 100 cases in his civil and white collar criminal defense practice and as a former state prosecutor in a prominent District Attorney’s Office. Mr. Vital has built his trial practice by focusing on the representation of clients in complex commercial and criminal matters, franchise litigation, unfair competition matters and other business disputes involving a variety of claims such as copyright infringement, trademark infringement, breach of contract, fraud, breach of fiduciary duty, tortious interference, misappropriation of trade secrets, defamation and other commercial torts. He also has defended businesses and individuals against products liability and professional liability claims. Mr. Vital is devoted to pro bono matters and his docket regularly includes such matters.
Mr. Vital is recognized as an authority on a broad range of topics involving commercial litigation and general trial practice and he speaks and is published on such topics statewide and nationwide.
Mr. Vital previously served as an adjunct professor teaching trial simulation at Thurgood Marshall School of Law.
Representative Engagements Business, Commercial and Tort
- National bank – obtained summary judgment in a complex commercial dispute with a national energy/power company with over $300 million at issue
- National bank – tried to a defense judgment a dispute involving allegations of fraud concerning an interest rate swap
- National bank – tried to a defense judgment a tortious interference dispute with a health care company
- Multinational energy company – obtained a consent judgment affording nationwide protection against business disruptions caused by illegal and tortious conduct, after securing a landmark temporary injunction providing nationwide protection (Greenpeace, Inc. v. Exxon Mobil Corp., 133 S.W.3d 804, Tex. App.–Dallas)
- International law firm – obtained summary judgment against claims of malpractice and securities fraud
- National franchisor – successfully resolved matter relating to allegations of price discrimination and breach of contract
- National homebuilder – tried to a defense verdict an unfair competition dispute involving allegations of misappropriation of trade secrets and defamation
Criminal
- Individual client – tried a three-month jury trial – the largest public corruption case in Dallas history (U.S. v. Donald W. Hill, et al) – for client accused under a multi-count indictment charging conspiracy, bribery, extortion, wire fraud and money laundering
- Entertainment client – secured a dismissal of a criminal charge alleging that an expensive piece of costume jewelry made for an album cover (Brass Knuckles, Nelly) was a “prohibited weapon” and restored the jewelry to the client’s possession
- Individual client – obtained a favorable plea bargain for an individual facing federal criminal charges involving mail theft and tampering
- Individual client – successfully defended client facing criminal contempt
Pro Bono
- Defended client in a federal criminal case involving telephone and computer-related charges, securing a dismissal of a parallel state criminal charge out of Michigan in connection with a plea bargain on the federal criminal charges
- Defended client in a state criminal case involving injury to child charges the state did not pursue based upon reasonable discipline defense
- Secured favorable settlement for a client asserting claims concerning unfair labor practices
- Defended client against adverse SSA action to terminate social security benefits and to recover past benefits from client; client retained full benefits
Publications, Speeches and Presentations Publications
- "Swap Agreements: The Who, What, Where, When and Why of Litigating a Swap Case," Business Torts, Texas Business Litigation, a publication of the State Bar of Texas, Antitrust and Business Litigation Section, Spring 2006
Speeches and Presentations
- "Trial Skill Presentation: Initial Disclosures Motion Practice, Uses and Abuses of Discovery, Pre-Trial Orders, Fact and Exhibit Stipulations," John C. Ford American Inn of Court, Dallas, January 2010
- “Risk Allocation,” Texas Minority Counsel Program, October 2008
- “Raising the Pleading Bar - How Much Has the Supreme Court Changed the Landscape for Business Litigation,” ABA Section of Business Law Spring Meeting, April 2008
- "Direct and Cross Examination of Expert Witnesses," John C. Ford American Inn of Court and DFW Association of Young Bankruptcy Lawyers, Fort Worth, February 2008
- "Expert Witnesses: Legal Update and Practice Tips," Dallas Bar Association Business Litigation Section, Dallas, June 2007
- "Federal Rules of Civil Procedure: New Discovery Rules," Real Evidence for the Trial Practitioner, Lorman Education Services, Dallas, March 2007
- Panelist, "Alternative Billing Arrangements," Texas Minority Counsel, Dallas, September 2006
- Panelist, "Alternative Fee Arrangements/Structures for Complex Litigation," 5th Annual CLE Expo, Minority Corporate Counsel Association, Chicago, March 2006
- "Electronic Discovery: Ten Tips for Outside Counsel Representing Corporate Clients," Texas Association of Defense Counsel Young Lawyers Seminar, Dallas, November 2005
- Panelist, "E-Discovery: Highly Charged With Megabuck Implications," Texas Minority Counsel, Houston, October 2005
- "The Admissibility of Internet Hyperlinks as Adoptive Admissions," Real Evidence for the Trial Practitioner, Lorman Education Services, Dallas, December 2004
- Panelist, "Trials on Trial: The Future of an Institution," Patrick E. Higginbotham American Inn of Court, Dallas, April 2004
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