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Rod Phelan
Partner
Litigation
2001 Ross Avenue
Dallas, Texas 75201-2980
United States of America
Phone: 214.953.6609
Fax: 214.661.4609
Education and Honors
J.D. (cum laude), Duke University School of Law, 1973
Order of the Coif
Editorial Board, Duke Law Journal

B.A. (cum laude), history, economics, and political science, Vanderbilt University, 1970

Recognized by Law & Politics as one of the "Top 10" Texas lawyers in 2007, and as one of the "Top 100" Texas lawyers every year since the survey began in 2003

Named one of four "Top-Notch" Texas Lawyers in Commercial Litigation by Texas Lawyer, 2007

Listed in The Best Lawyers in America, 1995 - 2010

Listed in every D Magazine survey of the "Best Lawyers in Dallas"

Listed in Chambers USA, 2004 - 2010 and Chambers Global, 2004, 2005 and 2010

One of five "Defenders" profiled in the Dallas Business Journal as one of the "top business defense lawyers in the D-FW Metroplex," June 2006

Admissions and Affiliations

State Bar of Texas

United States Court of Appeals Second, Fifth, Eleventh and Federal Circuits

United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas

American Bar Association

American Board of Trial Advocates, Dallas Chapter President

American College of Trial Lawyers, Fellow

Dallas Bar Association

International Academy of Trial Lawyers, Fellow

The Patrick E. Higginbotham Inn of Court, Master
Practice Areas

Concentration

Commercial litigation

Summary

A commercial trial lawyer for over 30 years, Rod Phelan has tried a wide variety of cases before juries, arbitration panels and judges. Representative cases include defense of claims of professional malpractice (against accountants, lawyers, architects and engineers) and both sides of cases involving oil and gas, partnerships, intellectual property, antitrust, securities, tax, corporate governance and other commercial issues.

Mr. Phelan also handles appeals of cases tried by others. He represents professional service firms, national and local business entities and their principals.

Representative Engagements

  • Law, public accounting and architectural/engineering firms – defense of malpractice claims
  • Insurance companies – commercial litigation involving investments, coverage issues and regulatory disputes
  • Energy marketing company – contract dispute with the owner of multiple power plants
  • Software company – dispute over a contract to write software for a private business that went broke and blamed the software
  • National telephone company – dispute with a local company over rights to provide cellular service
  • Receiver for bankrupt entity – dispute with the IRS over taxation of revenues from an alleged Ponzi scheme
  • Takeover litigation, representing both the target and the bidder
  • Intellectual property litigation
  • International Chamber of Commerce (ICC) arbitration – defense of claims relating to an oil refinery in Kazakhstan

Publications, Speeches and Presentations

  • "Issues in Accountant Liability Litigation Arising From Business Failures," Commercial Litigation Seminar, Texas Trial Lawyers Association, Dallas, October 2006 (with Gavin Villareal)