Concentration

Summary

Mr. Vital has built his trial practice by focusing on the representation of clients in complex commercial disputes, white collar and other criminal matters, franchise litigation and banking and financial services litigation.

Mr. Vital also has significant experience defending businesses and individuals in unfair competition matters, trademark and copyright disputes, media litigation, commercial torts disputes and in products and professional liability matters. Mr. Vital is devoted to pro bono matters and his docket regularly includes such matters.

Representative Engagements

Banking and Financial Services Litigation

• National bank – obtained summary judgment in a complex commercial dispute in favor of a bank plaintiff against a Fortune 500 company with over $300 million at issue
• National bank – tried to a defense judgment a dispute involving a borrower's claims of fraud, negligent misrepresentation, deceptive trade practices and other alleged statutory violations concerning the marketing and sale of a financial derivative
• National bank – tried to a defense judgment a tortious interference claim brought against the bank by a borrower
• Brokerage firm – obtained dismissal of claims of common law and securities fraud, negligent misrepresentation, and violations of the Texas Securities Act
• National bank – obtained summary judgment against a borrower's claims of fraud, negligent misrepresentation, tortious interference and deceptive trade practices

Commercial and Tort Litigation

• 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 homebuilder – tried to a defense verdict an unfair competition dispute involving allegations of misappropriation of trade secrets and defamation
• National media broadcaster – obtained dismissals through motions to dismiss and for summary judgment in media litigation matters involving claims of defamation, business disparagement and tortious interference
• Entertainment company – obtained dismissal of a copyright lawsuit arising out of alleged infringement by a major film release

Criminal

• Individual client – tried a three-month jury trial – the largest public corruption case in Dallas history – 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
• Numerous companies and individuals – representation in connection with grand jury and other subpoenas and demands
• Individual client – secured a favorable deal for client charged with criminal tax evasion and fraud
• Individual client – secured a favorable deal for client facing telephone and computer-related charges
• 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

Franchise Litigation

• National franchisor – successfully resolved Robinston-Patman Act claims and claims of breach of contract brought by major franchisee
• Regional franchisor – pursued to favorable resolution a declaratory judgment action attacking major franchisee's claims of breach of contract relating to franchisor's system requirements, resulting in a favorable restructuring of the relationship as well as resolution of claims of restraint of trade and price discrimination
• National franchisor – successful defense of franchisor against claims of breach of contract, fraud and tortious interference relating to system requirements resisted by major franchisee
• International franchisor – advised and counseled restaurant franchisor in connection with the termination of a major franchisee
• Hotel franchisor – advised and counseled major hotel franchisor regarding risk exposure in connection with proposed changes to franchise system requirements

Pro Bono

• 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

• "Leegin: All Bark, No Bite?,"The Franchise Lawyer, a publication of the ABA Forum on Franchising, Summer 2010
• "The 'Honest Services Fraud, Statute: A View From the Dallas City Hall Corruption Case," The FBA Newsletter, a publication of the Federal Bar Association, Dallas Chapter, May/June 2010
• "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

• "FCPA Due Diligence: Best Practices and Red Flags," Ethisphere, Webinar, August 2010
• "Proposed Changes to the Federal Sentencing Guidelines: What They Mean for Your Organization," Ethisphere, Webinar, May 2010
• "Current Issues Under the Federal Sentencing Guidelines," Dallas Bar Association - Securities Section, Dallas, April 2010
• "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, Houston, 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, Dallas, 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
• "What Are My Rights and Potential Liabilities as a Company and an Individual in a Criminal Investigation and Prosecution?," Texas Association of Business and Chambers of Commerce, Dallas Chapter, 2000