Victor D. Vital

Shareholder
Houston,  TX  U.S.A.
Phone713.374.3500

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Experience & CredentialsOther Offices
 

Practice Areas

  • Litigation
  • White Collar Criminal Defense
  • Franchise & Distribution
  • Securities Litigation
  • Fiduciary Litigation
  • Pharmaceutical
  • Medical Device & Health Care Litigation
  • Financial Services Litigation
 
Contact InfoTelephone: 713.374.3500
Fax: 713.374.3505
http://www.gtlaw.com/People/VitalVictorD
 
University Oakwood University, B.S.W., magna cum laude, 1992
 
Law SchoolTexas Southern University Thurgood Marshall School of Law, J.D., summa cum laude, 1995
 
Admitted1995, Texas; U.S. Court of Appeals for the Fifth Circuit; U.S. District Court for the Northern District of Texas; U.S. District Court for the Southern District of New York; U.S. District Court for the Southern District of Texas; U.S. District Court for the Eastern District of Texas; U.S. District Court for the Western District of Texas
 
Memberships 

Professional & Community Involvement

Community Involvement

•Board Member, Dallas Housing Authority Board of Commissioners

•2013 Principal for a Day, Gilbert Cuellar, Sr. Elementary School

•Member, Rotary International

•Preston Center Rotary Club, Chair of Charities Committee

•Board Member, World Affairs Council of Dallas/Ft. Worth

•Board Member, Dallas Education Foundation

•Board Member, Downtown Dallas, Inc.

•Graduate, Business Council for the Arts' Leadership Arts Institute, Class of 2011-2012

•Member, Leadership Dallas, 2014 Class

•Member, Mayor's Business/Arts Initiative, Arts Action Team

•Member, North Texas Business Council for the Arts

•Member/Partner, The Dallas Arts District

•Member/Partner, Dallas Museum of Art

•Member, Dallas Regional Chamber of Commerce

•Supporter, Dallas Black Dance Theater

Recognized Community Leader & Advocate

• Greenberg Traurig Shareholder Victor Vital Provides Unique First-Hand Insight on Leadership Dallas Government, Media and Politics Day and Challenges Facing Dallas

• Greenberg Traurig Shareholder Victor Vital Supports Uplift Williams Preparatory Students at Interact Club Induction Ceremony

• Trial Lawyer Victor Vital Actively Engaged with the Local School District and Working with Community Leaders to Support the District

• Addressing Positive Changes at Local School

• Speaking to Community Leaders and Stakeholders in Support of DISD

• Greenberg Traurig Shareholder Victor Vital Active With Local Youth And His Rotary Club

• Greenberg Traurig Shareholder Victor Vital Active With Dallas Regional Chamber

• Greenberg Traurig Shareholder Victor Vital Active With Recognized Political Leaders

• Greenberg Traurig Shareholder Victor Vital Actively Supports The Boys and Girls Clubs of Greater Dallas

• Greenberg Traurig Shareholder Victor Vital Advocates for Business Support of the Arts

• Greenberg Traurig Shareholder Victor Vital Tapped to Lead in the Critical Area of Education in Dallas

• Greenberg Traurig Shareholder Victor Vital Recognized as One of the Most Influential African Americans in Dallas

• Dallas Mayor Mike Rawlings Turns to Greenberg Traurig Shareholder Victor Vital for Leadership in Strengthening the Relationship Between Business and the Arts

Professional Involvement

•Member, Committee for a Qualified Judiciary

•Panel Chair, Evaluation Committee

•Steering Committee Member, Greenberg Traurig Trial Practice Group

•Member, The American Law Institute

•Members Consultative Group, Model Penal Code: Sentencing

•Members Consultative Group, Restatement Third, Torts: Liability for Economic Harm

•Member, American Bar Association

•Forum on Franchising

•Associate Editor,The Franchise Law Journal

•Section of Litigation

•Section of Business Law

•Business and Corporate Litigation Committee

•Vice Chair, Business Torts Sub-Committee

•White Collar Crime Committee

•Former Barrister, Patrick E. Higginbotham American Inn of Court

•Former Member, Federal Judicial Evaluation Committee (appointed by former Senator Kay Bailey Hutchison)

•fellow, Litigation Counsel of America

•Member, The Trial Law Institute

•Member, Dallas Bar Association

•Member, Dallas County Local Rules Working Committee

•fellow, Dallas Bar Foundation, 2013

•fellow, Texas Bar Foundation Fellow: Litigation Counsel of America

•Member, The Trial Law Institute

•Member, Dallas Bar Association

•Member, Dallas County Local Rules Working Committee

&bull

 
BornHouston, Texas, 1970
 
Biography

Victor is a trial lawyer who is passionate about providing vital courtroom advocacy in difficult and high stakes cases for businesses, executives and high-net-worth individuals in courtroom fights across the country, at hourly rates that are competitive with local litigation boutiques. Victor enjoys representing clients who know that, for strategic or other reasons, settlement is not an option and that they need to take their cases to trial.

Victor has tried more than 100 cases in his civil and white collar criminal defense practice and as a former state prosecutor in a prominent District Attorney's Office. Clients trust Victor with their most sensitive, difficult and complex courtroom matters, and lawyers refer these matters to Victor for trial. In December 2012, Victor secured the largest Texas employment verdict of 2012 for a corporate plaintiff as lead trial counsel in a complicated non-compete/trade secrets matter---a verdict that, according to VerdictSearch, remains the largest Texas verdict of its kind since 2012. And, in early 2014, Victor co-counseled the trial of a bankruptcy adversary matter, resulting in the revocation of a bankruptcy debtor's discharge and thus reviving a multimillion-dollar judgment.

Victor also is a civic leader, and a local and national bar leader. From his advancement of and leadership in mayoral priorities and community organizations, to his involvement with important professional organizations such as the highly selective American Law Institute, Victor is relied upon when people and groups need to get things done.

Victor has taught trial advocacy at a Texas law school and is currently on the steering committee of the firm's Trial Practice Group.

Areas of Concentration

•Trials and arbitrations / courtroom advocacy

•Business and commercial litigation

•Catastrophic injury litigation

•Corporate governance

•Employment litigation

•Fiduciary/trust litigation

•Financial services litigation

•Franchise and distribution litigation

•Government and internal investigations

•Health care litigation

•Intellectual property litigation, including trademark and patent litigation

•Media litigation

•Medical device and pharma defense

•Probate litigation

•Products liability

•SEC enforcement matters

•Unfair competition, including non-compete litigation and trade secrets litigation

•White collar criminal defense

Awards & Recognition

•Recipient, Peter Perlman Service Award,Litigation Counsel of America, 2013 (Inaugural Class)

• #1 Employment Law Verdict in Texas in 2012 ,VerdictSearch

•Listed,Who's Who in Black Dallas(included in Most Influential section), Inaugural Edition, 2012

•Listed, Best Lawyers in Dallas,D Magazine, 2007, 2008 and 2011

•Listed, Best Lawyers Under 40 in Dallas,D Magazine, 2002 and 2006

•Finalist, Trailblazer Outside Counsel of the Year, State Bar of Texas (TMCP), 2011-2012

•Team Member, aLaw360Product Liability Practice Group of the Year, 2011

•Listed,Super Lawyersmagazine,Texas Super Lawyers, 2006-2013

•Listed,Super Lawyersmagazine, Texas Super Lawyers, Rising Star, 2004 and 2005

•Listed, Leading Law Firm Rainmaker,MCCA, 2007

•Listed,Dynamic Lawyers, 2007

Previous Employment

•Former State Prosecutor, Harris County District Attorney's Office

•Adjunct Professor, Trial Advocacy, Thurgood Marshall School of Law

Articles, Publications, & Lectures

Select Articles and Publications (Past Five Years)

•Quoted, Dallas Juries Favor Business Plaintiffs In High-Dollar Verdicts ,Law360, May 21, 2014

•Co-Author, SCOTUS Warms to Pretrial Asset Freeze ,Texas Lawyer, April 14, 2014

•Co-Author, Basic Tips for Handling Your First Trial or Appeal, State Bar of Texas, February 2014

•Author, How Metadata Changed the Outcome of a Complex Employment Case ,Law Journal Newsletters' Legal Tech Newsletter, January 2014

•Quoted, Wenatchee, Wash. Issuer, Others Settle SEC Arena Fraud Case ,Bond Buyer, November 5, 2013

•Quoted, Number of Civil Jury Trials Declines to New Lows in Texas ,The Dallas Morning News, June 22, 2013

•Quoted, Texas Civil Jury Trials Continue Decline ,The Texas Law Book, April 23, 2013

•Co-Author, Business Torts Litigation,Annual Developments in Business and Corporate Litigation, 2013 Edition

•Quoted, UHS Wins $6.89 Million Verdict Against Ex-employees, Acadia Healthcare ,Modern Healthcare, December 22, 2012

•Quoted, Horizon Health Opens Texas Poaching Trial Against Ex-Execs,Law360, December 11, 2012

•Author, Former First Assistant U.S. Attorney, Southern District of Texas, Talks about Trends and Issues,Criminal Litigation Newsletter, ABA Section of Litigation, Committee on Criminal Litigation, Spring 2011

•Quoted, Dodd-Frank Opens SEC Courts to Directors,Agenda, December 2010

•Author, The 'Honest Services Fraud' Statute: A View From the Dallas City Hall Corruption Case,The FBA Newsletter, Federal Bar Association Dallas Chapter, May/June 2010

Select Presentations

•Faculty Member and Presenter, Dallas Bar Association's Trial Skills Academy-Direct Examination and Opening Argument, Dallas, TX, May 2014

•Panelist, Trial Lawyers Want to Know: Why Do Judges Do What They Do, DBA Judiciary Committee, Dallas, TX, May 2014

•Presenter, Trial Advocacy Seminar - Direct Examination, J.L. Turner Legal Association, Dallas, TX, May 2014

•Panelist, Handling Your First Trial or Appeal, Success Strategies and Key Lessons for Young Lawyers, Houston, TX, February 2014

•Panelist, Federal Jury Trials - Focusing on Recent High Profile Battles, Dallas Bar Association Trial Skills Section, Dallas, TX, November 2013

•Panelist, Using Technology Persuasively at Trial: Make Your Case Look Good But Not Slick! Dallas Bar Association Judiciary Section, Dallas, TX, November 2013

•Video Blog, Greenberg Traurig Shareholder Victor D. Vital Explains How He Used a SLAPP Statute to Defend a Defamation Claim , Texas Lawyer, November 15, 2013

•Faculty Member and Presenter, Dallas Bar Association's Trial Skills Academy - Cross-Examination, Dallas, TX, April 2013

•Moderator, Trial Tips from the Bench, ABA Business Law Section Spring Meeting, Trial Practice Subcommittee of the Business and Corporate Litigation Committee, Washington, D.C., April 2013

•Video Blog, Texas Lawyer - Reversed and Remanded: How I Won the Case , Texas Lawyer, December 28, 2012

•Presenter, Trial Advocacy Seminar - Expert Witnesses, J.L. Turner Legal Association, Dallas, TX, August 2012

•Presenter, Trial Advocacy Seminar - Cross Examination, J.L. Turner Legal Association, Dallas, TX, June 2012

•Panelist, Litigators' Views on Mediation and Negotiation, Dallas Bar Association ADR Meeting, Dallas, Texas, February 2012

•Panelist, Practitioner Panel: Advice and Tips for Practicing in the Northern District, 26th Annual Federal Civil Practice Seminar, Federal Bar Association, Dallas, Texas, January 2012

•Presenter, Litigation Tips , State Bar of Texas (TMCP), Austin, Texas, September 2011

•Presenter, Trial Advocacy Seminar - Voir Dire, J.L. Turner Legal Association, Dallas, Texas, March 2011

•Presenter, 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, Texas, January 2010

Associated News & Events

Press-Releases

07.09.14 Greenberg Traurig's Victor D. Vital Appointed to Dallas Housing Authority Board of Commissioners

01.24.14 Greenberg Traurig's Victor D. Vital Elected to World Affairs Council Board of Directors

11.25.13 Greenberg Traurig Texas Attorneys Named Among Texas Minority Counsel Program's Trailblazer Outside Counsel of the Year Award Finalists

11.11.13 Greenberg Traurig Dallas Attorneys Secure Dismissal for CultureMap, LLC and Reporter Claire St. Amant from SLAPP Suit

10.21.13 Greenberg Traurig's Victor D. Vital Receives Inaugural 2013 Peter Perlman Service Award

09.19.13 19 Greenberg Traurig Texas Attorneys Named 2013 Texas Super Lawyers

08.02.13 Greenberg Traurig Shareholder Victor Vital Selected to Join the 39th Leadership Dallas Class

03.04.13 Victor Vital Leads Trial Team to Secure $6.9 Million Jury Verdict

02.26.13 Greenberg Traurig Shareholder Victor Vital Advocates for Business and Arts Initiative

10.05.12 Greenberg Traurig Shareholder Victor Vital Elected to the Dallas Education Foundation Board of Directors

Published Articles

04.14.14 SCOTUS Warms to Pretrial Asset Freeze

01.01.14 How Metadata Changed the Outcome of a Complex Employment Case

11.01.13 Franchising (& Distribution) Currents

05.02.11 Mortgage-Backed Securities Litigation: Claims and Defensive Strategies

05.02.11 Former First Assistant U.S. Attorney, Southern District of Texas, Talks about Trends and Issues

09.01.10 Four Ways to Win the Game WikiLeaks Changed

Alerts

07.27.12 Recent Interchange Fee Settlement - How Proposed Changes to Visa and MasterCard's Policies Could Affect Your Franchise System (Also at Dallas Office)

 
Reported CasesBanking and Financial Services Litigation ; National bank - secured a defense judgment after a week-long trial of 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 complex interest-rate swap.; National bank - secured a defense judgment following a complex trial of a tortious interference claim brought against the bank by a borrower in a bankruptcy adversary proceeding.; Brokerage firm - secured 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 misrepresentations, tortious interference and deceptive trade practices.; Global investment bank - secured dismissal of claims of fraud and deceptive conduct. Business and Commercial Litigation ; Single-purpose investment venture - secured a revocation of discharge judgment and a monetary award of $5.8 million after a week-long trial of a bankruptcy adversary proceeding involving a complex fraud, claims of alter ego and veil piercing theories.; National bank - obtained summary judgment in a complex commercial dispute in favor of a bank plaintiff against a Fortune 500 company with more than $300 million at issue.; NBA Star - secured favorable monetary recovery and other favorable concessions regarding dispute arising out of a business transaction.; 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 provided 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 professional malpractice and securities fraud. Criminal, Government Enforcement and Internal Investigations ; Individual client and entertainment company - secured a favorable settlement of an SEC enforcement matter relating to a municipal bond offering for the development and construction of an events center.; National construction firm - defended, counseled and guided client through major fraud and graft investigation - no civil or criminal charges or penalties.; Corporate executive - vigorous defense of SEC enforcement action relating to alleged Ponzi scheme resulting in favorable settlement for client.; Entertainment client - on the eve of trial and after refusing to plea bargain, 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 - secured below-guideline sentence in regards to charges of bank fraud and wire fraud.; Individual client - secured a favorable deal for client facing federal computer fraud and abuse charges.; Individual client - obtained a favorable plea bargain for an individual facing federal criminal charges involving mail theft and tampering of U.S. mail. Employment Litigation ; Healthcare company - secured multimillion-dollar jury verdict in a complex employment/business dispute in a conservative Texas county on claims of breach of fiduciary duty, breach of noncompetition covenants, misappropriation of trade secrets, tortious interference, conspiracy and statutory theft.; National homebuilder - secured a defense verdict from a federal court jury following a two week jury trial of an employment dispute involving allegations of non-compete violations, misappropriation of trade secrets and defamation.; Global logistics company - currently handling matter pursuing claims of breach of employment agreement and defending against age discrimination and retaliation claims.; Healthcare company - secured compliance with non-compete agreement as to critical former employee. Franchise and Distribution Litigation ; Multiple franchisors - handled trademark enforcement and debranding matters against franchisees and licensees.; National franchisor - resolved Robinson-Patman Act claims of breach of contract brought by major franchisee in a bankruptcy adversary proceeding.; 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 - 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. Media Litigation and Counseling ; Online media company - Secured dismissal with prejudice through an Anti-SLAPP motion as to a defamation claim in a high-profile media case that involved First Amendment issues and multiple defendants, as well as other claims, such as invasion of privacy and trespass.; National media broadcaster - secured voluntary dismissals as well as dismissals through motions to dismiss and for summary judgment in defamation and invasion-of-privacy matters involving First Amendment issues and high-profile media and entertainment personalities such as Rickey Smiley.; Entertainment company - obtained dismissal of a copyright lawsuit arising out of alleged infringement by a major film release.; Online media company - provide advice, counsel and pre- publication review of news articles. Patent and Trademark Litigation ; Multinational energy company - successfully prosecuted multiple trademark enforcement and debranding actions.; Advertising company - secured injunctive relief enjoining competitor's trademark infringement.; Medical device company - vigorous defense of medical device company against claims of patent infringement by patent troll (NPE). Probate and Fiduciary/Trust Litigation ; National bank - secured judgment of dismissal and release in favor of corporate fiduciary/trustee after counter-claiming against trust beneficiary for declaratory relief.; National banks - secured favorable resolutions in defense of corporate fiduciaries/trustees on claims of breach of trust.; Individual beneficiary - secured compliance by individual trustee with critical trust provisions in favor of trust beneficiary. Products Liability Defense ; Chemical products manufacturer - secured dismissal of a product liability claim seeking damages for a catastrophic injury.; Munitions manufacturer - secured favorable settlement of a major catastrophic injury matter arising out of an explosion of a flashbang grenade.; Medical device company - secured favorable settlement on the eve of trial in a matter alleging sales representative liability in connection with the implantation of a medical device. 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 under the federal human trafficking statute.; Defended client against adverse SSA action to terminate social security benefits and to recover past benefits from client; client retained full benefits.
 
ISLN912816225
 
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Office Information

Victor D. Vital

1000 Louisiana, Suite 1700
HoustonTX 77002




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