W. Ashton Randall III

5910 N. Central Expressway, Ste. 925
Dallas, Texas 75206
Tel. (214) 628-9966
[email protected]
 

For over 23 years, Ashton Randall has represented international businesses, multi-state corporations, entrepreneurs, and high-net-worth families in corporate matters, legal disputes, and at-risk deals around the world. After practicing in one of the world’s largest law firms, he co-founded Randall | Greer PLLC in 2011 to streamline the delivery of sophisticated legal services in the rapidly evolving global market.

Mr. Randall handles a wide range of corporate management and structuring, outside general counsel guidance, plaintiff and defense litigation, and contract negotiations in commercial and intellectual property matters, mergers and acquisitions, corporate/securities, products liability and tort, and labor and employment matters across multiple industries, including: equity funds, technology, healthcare, commercial real estate and investment ventures, financial services, hospitality, construction, oil and gas, manufacturing, railroad, trucking, and shipping. He also serves as a board advisor and counsel to multiple boards, management teams, and CEOs.

He has litigated, negotiated, mediated, and/or arbitrated (under AAA, ICDR, ICC International Court of Arbitration in Paris, JAMS, and FINRA rules) billions of dollars in legal disputes and deals. He has negotiated and closed countless transactions. He is experienced in state, federal, bankruptcy, and appellate court practice in multiple jurisdictions and maintains bar licenses in Texas, the District of Columbia, and Mississippi. He has entered appearances in nineteen (19) federal district courts, federal circuit courts of appeal, and bankruptcy courts, along with multiple state courts around the country. He has negotiated and arbitrated matters across the United States, in Europe, and the Caribbean.

Texas Monthly Magazine repeatedly recognizes him as one of the top lawyers in the State of Texas. He is a frequent writer and speaker on legal issues and litigation strategy and has taught at international law academies, U.S. State Department programs, multiple law schools, universities, and trial colleges.

Representative Client Matters and Experience*

Corporate/Transaction Counsel

  • Experienced outside general counsel to public and privately held corporations, joint ventures, partnerships, LLCs, LPs, PAs, family offices, and high-net-worth families/individuals (equity funds, technology, healthcare, commercial real estate and investment ventures, financial services, family offices, hospitality, marketing/branding, construction, oil and gas, manufacturing, railroad, trucking, and shipping).
  • Outside general counsel and board advisor to national real estate brokerage (served as its general counsel handling corporate, M&A, litigation and arbitrations, employment issues, franchising and expansion into 23 states, and attending all board meetings).
  • Experienced board advisor and counsel to multiple boards, management teams, and corporate executives. 
  • Experienced negotiator for mergers and acquisitions, at-risk deals, stock and asset sales/purchases, partnership disputes, developments, and joint ventures (litigation experience provides negotiating leverage, guides drafting key provisions, and allows handling of all injunctions, litigation, and/or arbitrations that may be necessary or threatened).
  • Negotiated and closed countless transactions (stock/asset sales/purchases, redemptions, executive compensation, vesting agreements, commercial properties, IP, etc.).
  • Experienced growing client businesses, negotiating liquidation events, and selling through stock, asset, and membership interest sales.
  • Representing clients in the $2.5B Frisco, Texas mixed-use Railhead Development project. 
  • Experienced contract negotiator and drafter regarding risk/exposure issues, earn outs, intellectual property, indemnity and warranty issues, ADR clauses, and successor liability.
  • Experienced salvage negotiator during pre and post breach posturing and settlements/workouts.
  • Counsel to multiple charities and non-profits.

Business Disputes

  • Resolved thousands of business disputes and tried/arbitrated over 50 matters to final judgment/award (including a $1.3B damages model jury trial to verdict, a $1B international arbitration to final award, and litigation coordinator for a $1B commercial fraud matter that settled).
  • Defended Fortune 500 oilfield services company in three-month jury trial against commercial plaintiff seeking $1.3B in damages for, among dozens of claims, alleged misappropriation of trade secrets and tortious interference with plaintiff’s oil development rights for Kazakhstan.
  • Internationally arbitrated power plant construction project representing plaintiff general contractor with over $1B in damages against subcontractors and suppliers.
  • Successfully secured federal court confirmation of international arbitration award (issued by the ICC International Court of Arbitration in Paris) regarding oil and gas concession in Kurdistan against first impression constitutional challenge under Case or Controversy Clause of Article III of the United States Constitution (first opinion in Fifth Circuit).
  • Represented hundreds of plaintiff land owners in billion dollar corporate fraud litigation for large corporations’ unauthorized bootlegging of fiber optic corridors across electrical and gas easements.
  • Represented General Partners, managers, and corporate executives against hostile takeovers, fiduciary duty claims, and breach disputes with Limited Partners, shareholders, members, lenders, investors, purchasers, and sellers.
  • Represented numerous plaintiffs and defendants in commercial disputes, breach of contract cases, investments gone wrong, con-torts, tortious interference, fraud and fraudulent inducement, conversion, shareholder and member claims, business disparagement, and fiduciary duty matters.
  • Represented numerous plaintiffs and defendants in partnership, LP, LLC, equity fund, and joint venture divorces, investor and manager litigation, derivative actions, dissolutions, buy outs, and leveraged stock and asset sales.
  • Negotiated, litigated, and arbitrated against multiple equity funds involving commercial properties, purchase agreements, joint ventures, and leveraged takeover attempts. 
  • Represented clients in mass joinder actions involving thousands of parties, multi-district litigation, defended clients against class certification actions, class actions, and similar class certification efforts in arbitrations.
  • Represented clients in oil and gas industry drilling, lease disputes, supply contracts, and related litigation/arbitrations, and defended operators, owners, and GPs in oil and gas litigation/arbitrations.
  • Represented rail roads in joint track agreement litigation and arbitrations.
  • Represented clients in interstate trucking contracts and litigation, transportation agreements, and related business issues.
  • Represented clients in Germany, France, and other European countries with restrictive discovery and privacy laws. 
  • Multiple temporary restraining order, temporary injunction, and permanent injunction matters, and receivership actions.
  • Multiple appearances in bankruptcy proceedings, including MCI/WorldCom and Enron/EOTT bankruptcies.
  • Arbitrated nationally and internationally under AAA, ICDR, JAMS, ICC, and FINRA arbitration rules and guidelines.

Banking and Finance Industry

  • Represented numerous plaintiffs and defendants in credit card and banking industry, commercial and securitized lease litigation, collections, sworn accounts, loans, and negotiable instrument matters.
  • Represented major national lending institutions and automotive industry financing groups in state and federal court against Fair Debt Collection Practices Act, Texas FDCPA, and other lending and consumer protection law claims.
  • Represented private banks and wealth management firms (including their high-net-worth clients and family office clients).
  • Internationally arbitrated Sharia compliant Mudaraba commercial investment matters.

Construction and Real Estate

  • Represented buyers, sellers, developers, investors, managers, General Partners, lessors, lessees, and litigants in commercial real estate matters, including commercial leases, purchases and sales of commercial properties, businesses, partnerships, and franchises, and related litigation and arbitrations.
  • Outside general counsel and board advisor to national real estate brokerage (served as its general counsel handling corporate, M&A, litigation and arbitrations, employment issues, franchising and expansion into 23 states, and attending all board meetings).
  • Representing clients in the $2.5B Frisco, Texas mixed-use Railhead Development project. 
  • Internationally arbitrated power plant construction project representing plaintiff general contractor with over $1B in damages against subcontractors and suppliers.
  • Represented multiple equity funds (focused in commercial, multi-family, industrial, and medical office).
  • Represented commercial real estate asset and property management groups. 
  • Represented general contractors in commercial construction litigation and arbitrations against owners, subcontractors, and suppliers.
  • Represented clients in oil and gas industry drilling and lease matters, including litigation/arbitrations of same.
  • Major contributing author, “Texas Construction Law: Bidding System in the Construction Industry and Selected Construction Contract Provisions, Risk Allocation, and Balancing the Deal,” presented at the June 17 & 18, 2004, Texas Construction Law Conference (Professional Education Systems Institute, LLC) in Dallas, Texas.

Entertainment, Marketing, and Branding Industries

  • Represented Podcast, branding, and advertising companies.
  • Represented clients in production and executive production agreements.
  • Represented clients on American Idol and other non-scripted shows.
  • Represented high-level influencers (millions of followers) and prepared their branding/sponsorship contracts, media and other paid appearances, and product endorsements.
  • Represented authors, chefs, veterans, and other personalities with their book deals, TV appearances, and manager/agent contracts.
  • Represented bands and musicians with various contracts, touring, and IP issues. 

 Employment

  • Represented numerous plaintiffs and defendants in employment disputes, employment contracts, independent contractor litigation and contracts, non-competes, confidentiality agreements, trade secret matters, and injunctions related to same.
  • Negotiated numerous officer, member, and owner compensation packages, buyouts, employment contracts, non-competes, severances, and consulting contracts during stock and asset sales/purchases.
  • Successfully defended numerous medical professionals during board and executive counsel reviews/complaints. 
  • Defended corporations, employees, unions, and management in federal court against Title VII, §1981, and §1986 discrimination claims, as well as, slander and intentional infliction of emotional distress, discrimination, and civil assault charges.
  • Represented clients against employment class action attempts, class actions, multi-district litigation, including arbitration issues related to employment class actions.
  • Represented clients in Federal Employers’ Liability Act (“FELA”), The Federal Railroad Safety Act, and The Locomotive (“Boiler”) Inspection Act litigation, and joint track agreement litigation and arbitrations.
  • Author, “Texas Supremes Add New Teeth to Non-Competes
For Now,” GT Alert, December 2006.

Intellectual Property and Technology

  • Represented clients with intellectual property/ technology inventions in conjunction with patent prosecution, trademark, and copyright counsel.
  • Represented clients in patent, copyright, and trademark litigation.
  • Represented clients regarding trade secret protection practices, litigation, confidentiality agreements, and injunctions related to same.
  • Represented clients with intellectual property during IP valuations, buyouts, put/calls, capital funding, stock and asset sales.

Securities

  • Represented clients in federal court involving the Private Securities Litigation Reform Act (“PSLRA”), the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisors Act, and related claims.
  • Arbitrated multiple securities, member firm, associated person, broker, and investment matters before the Financial Industry Regulatory Authority (“FINRA”).

Torts

  • Represented numerous clients in death and severe injury matters: petroleum industry, products liability, pharmaceutical, industrial accidents, collisions, railroad, trucking, offshore and maritime, explosions, mechanical and structural failures.
  • Represented clients in mass joinder actions, multi-district litigation, class certification cases, and similar efforts in arbitrations.
  • Multiple products liability matters.
  • Multiple premises liability matters.
  • Defended corporations against negligence and negligent entrustment of company vehicle claims.
  • Experienced handling utility line & construction matters involving public utilities, as well as, the Rural Electric Association (REA), Rural Utility Services (RUS), and ANSI specifications & guidelines.
  • Experienced handling wood preservative treatment industry cases involving PENTA, CCA, and creosote preservatives.

*Some matters handled at prior firms.

Admissions*

  • Texas
  • District of Columbia
  • Mississippi
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the District of Columbia
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of Oklahoma
  • U.S. District Court for the Middle District of Louisiana
  • U.S. District Court for the Western District of Louisiana
  • U.S. District Court for the Northern District of Mississippi
  • U.S. District Court for the Southern District of Mississippi
  • U.S. Bankruptcy Court for the Northern District of Texas
  • U.S. Bankruptcy Court for the Eastern District of Texas
  • U.S. Bankruptcy Court for the Western District of Texas
  • U.S. Bankruptcy Court for the Southern District of Texas
  • U.S. Bankruptcy Court for the Southern District of New York
  • U.S. Bankruptcy Court for the Western District of Louisiana
  • Mississippi Supreme Court
  • Domestic and International Arbitral Forums (U.S., Europe, Caribbean)

*Some court admissions via pro hac vice.

Professional & Community Involvement 

  • Member, American Bar Association
  • Member, Texas Bar Association
  • Member, Dallas Bar Association
  • Representative and Committee Member to DBA President’s Professionalism and Service Task Force.
  • Member, District of Columbia Bar Association
  • Member, Bar Association for the Fifth Federal Circuit
  • Member, Mississippi Bar Association
  • Member, National Association of Railroad Trial Counsel (NARTC)

Pro Bono Work

  • Legal aid to U.S. Military Veterans.
  • Legal aid for hurricane victims.
  • Texas Lawyers for Children.

Awards & Recognition

  • Recognized by Texas Super Lawyers magazine — 2005-06, 2009-present
  • Texas Super Lawyer – 2014-present
  • America’s Top 100 High Stakes Litigators
  • Acquisition International Magazine’s Leading Advisors of the Year, February 2017
  • Awarded, The 2003-2004 Newcomer Coach of the Year Award by SMU Law School’s Board of Advocates for coaching the law school’s ATLA Mock Trial Team.

 Lectures & Articles

Lectures

  • Taught international lawyers, foreign judges, and diplomats from over 100 countries.
  • University of Texas at Dallas – Taught Survey of Jury Trial Theory and Practice.
  • U.S. State Department’s International Visitor Leadership Program – Coordinator and Lecturer, with Mock Trial Presentation teaching the American Civil Jury Trial System to foreign diplomats and foreign federal judges.
  • Center for American and International Law – Coordinator and Lecturer, with Mock Voir Dire and Mock Trial Presentation (showcasing the American Jury Trial System), simultaneously tried to verdict to multiple juries comprised of international lawyers and foreign diplomats from over 100 countries.
  • SMU’s Dedman School of Law – Head Coach, ATLA Mock Trial Team, 2003-2006, and guest lecturer.
  • Author and Presenter, “Getting Your Message Across Through The Use of Technology,” NARTC Trial College, June 6, 2013.
  • Author and Presenter, “Building Castles and Avoiding Killing Fields:  Trial Strategies and Techniques From and For Generation X,” National Association of Railroad Trial Counsel’s Annual Conference, Santa Fe, New Mexico, July 25-28, 2010.
  • Co-Author and Presenter, “Updates and Trends in Intellectual Property Rights, Commercial Litigation, and SEC Issues,” July 9, 2008 (3 hour CLE approved by Texas Bar CLE).
  • Panel Member and Speaker, Dallas Area Paralegal Association’s Conference on Working with Lawyers, November 8, 2005.
  • Panel Leader and Committee Member, Dallas Bar Association’s Professionalism and Service Conference, May 26, 2005.
  • Author and Presenter, “Dealing with Corporate Gorillas in Commercial Litigation at the Representing Small Businesses Institute,” Austin, TX, December 9-10, 2004 (sponsored by the Texas Bar CLE).

Articles

  • Author, “Texas Supremes Add New Teeth to Non-Competes
For Now,” GT Alert, December 2006.
  • Author, “Made-For-TV Depositions and Cross Examinations,” Focus: Trial Skills and Business Litigation, Dallas Bar Association’s, Head Notes, April 2006.
  • Major contributing author, “Texas Construction Law: Bidding System in the Construction Industry and Selected Construction Contract Provisions, Risk Allocation, and Balancing the Deal,” as presented at the June 17 & 18, 2004, Texas Construction Law Conference (Professional Education Systems Institute, LLC) in Dallas, Texas.
  • Author, “Think You Are Just Cutting Office Overhead with Your Corporate Structure? The ‘Single Business Enterprise’ Doctrine Could Allow Your Corporate Veil to be Pierced,” Commercial Litigation Newsletter, 2004.

Education 

  • J.D., University of Mississippi School of Law
  • B.S., Millsaps College (Organismal Biology with Chemistry minor, pre-med.)