Victor D. Vital

• Secured a complete defense verdict from a federal jury for a multinational manufacturer of engine, filtration, and power products against plaintiff’s breach of contract claims seeking in excess of $86 million.
• Secured a complete defense verdict from a Texas jury for a medical device company against plaintiff’s products liability claims seeking in excess of $28 million. The Courtroom View Network listed this verdict in its Top 10 Most Impressive Defense Verdicts of 2022. 
• Secured a verdict of nearly $34 million (including $16 million in punitive damages) from a federal jury for two entrepreneurs on claims of fraud, breach of fiduciary duty, tortious interference, conspiracy, and breach of contract against two other individuals involved in a YouTube venture. This verdict was listed as the number one verdict in the fraud category in the Texas Lawyer Top Texas Verdicts & Settlements in 2016, and it also made the National Law Journal Top 100 list.
• Secured a multimillion-dollar verdict from a Texas jury for a health care company on claims of breach of fiduciary duty, breach of noncompetition covenants, misappropriation of trade secrets, tortious interference, conspiracy, and statutory theft. This verdict listed in the Texas Lawyer Verdicts Hall of Fame.*
• Secured a complete defense verdict from a federal jury for a national homebuilder against plaintiff’s allegations of non-compete violations, misappropriation of trade secrets, and defamation seeking millions of dollars.*
• Secured a complete defense verdict from a Texas jury for a health care company and its chairman/CEO against civil fraud and contract claims seeking millions of dollars. The client also secured a favorable jury verdict on a civil wiretapping counterclaim.*
• Secured a verdict from a federal jury for an education-industry client on a trademark infringement claim.
• Defended a pharmaceutical company in a patent infringement case and secured a jury verdict in the damages range proffered by the defense’s patent-damages expert.
• Secured a defense judgment for a national bank after a week-long bench 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.*
• Secured a revocation of discharge judgment and a monetary award of $5.8 million for a single-purpose investment venture after a week-long bench trial of a bankruptcy adversary proceeding involving a complex fraud, claims of alter ego, and veil piercing theories.*
• Prevailed in a bench trial for a high net-worth individual in a divorce matter, securing and establishing the enforceability of a post-nuptial property agreement.
• Represented an individual in a white-collar criminal matter (tax evasion) and preserved error during the jury trial of the matter, resulting in a reversal for the client by the Fifth Circuit Court of Appeals.
• Secured a defense judgment for a national bank in a complex bench trial of a tortious interference claim in a bankruptcy adversary proceeding.*
• Secured exoneration of a Dallas City Council member before the City’s Ethics Advisory Commission following an evidentiary trial before the commission.
• Secured a multimillion-dollar arbitration award for a manufacturer and developer of air purification technology on claims of misappropriation of trade secrets, trademark infringement, and breach of contract.
• Represented an entertainment client and secured a dismissal, immediately before jury selection, 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 forfeited jewelry to the client Nelly’s possession*
• Defended the wife of a Dallas City Council Mayor Pro Tem in a public corruption jury trial spanning a three-month period, which was the largest public corruption trial in Dallas history*
• Substituted in as counsel for a major hospital system in a trial court matter pending in the Rio Grande Valley; overturned death penalty sanctions and a multimillion damage award in the business torts case, in the trial court; and ultimately secured a favorable settlement through use of insurance funds.
• Secured a favorable settlement for a client with the SEC; and then, through a series of pre-indictment proffer sessions, secured a declination by the United States Attorney for the Eastern District of Texas of wire fraud and securities fraud charges.
• Secured a favorable settlement in an SEC enforcement matter arising from a municipal bond offering related to the financing and development of an entertainment and events arena in Washington state*
• Secured a summary judgment disposing of claims of negligence asserted against the client—a former NFL player and Hall-of-Famer.
• Represented a multinational energy company who 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)*

*These matters occurred prior to joining Barnes & Thornburg.