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

    • Top 10 Texas Lawyers, 2007, and Top 100 Texas Lawyers, 2003 - 2012, Texas Super Lawyer, 2003 - 2012 and Named one of four “Top-Notch” Texas Lawyers in Commercial Litigation by Texas Lawyer, 2007

    The Best Lawyers in America, 1995 - 2013

    D Magazine “Best Lawyers in Dallas” - from inception

    Chambers USA, 2004 - 2012 and Chambers Global, 2004 - 2005, and 2010 - 2013

    “Go-To Lawyer” for Commercial Litigation Law by Texas Lawyer, 2012

Admissions/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 Board of Trial Advocates, Dallas Chapter President (2010)

American College of Trial Lawyers, Fellow

International Academy of Trial Lawyers, Fellow

International Society of Barristers, Fellow

The Patrick E. Higginbotham Inn of Court, Master

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Rod Phelan

Partner

2001 Ross Avenue Dallas, Texas 75201-2980
United States
Phone:
+1.214.953.6609
Fax:
+1.214.661.4609

Practices

Complex Business Litigation, Intellectual Property Litigation, International Arbitration and Dispute Resolution, Litigation Practice, Professional Liability

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)