Randy D. Gordon

Areas of Practice

• Commercial Litigation

• Antitrust and Competition Law

• Consumer Class Action Defense Litigation

• Products Liability and Mass Torts

Admissions

• Texas
• Oklahoma
• U.S. District Court for the Eastern District of Texas
• U.S. District Court for the Northern District of Texas
• U.S. District Court for the Western District of Texas
• U.S. Court of Appeals for the Fifth Circuit
• Supreme Court of the United States

Education

• University of Edinburgh, Ph.D., Legal Theory, 2009
• Columbia Law School, LL.M., International and Comparative Law, 1992
• Washburn University School of Law, J.D., cum laude, 1991
  - - Editor and Member, Washburn Law Journal
• University of Kansas, Ph.D., 1990
• University of Kansas, M.A., 1986
• University of Kansas, B.A., 1984

Experience

• Duane Morris LLP
  - Partner, 2021-present
• Texas A&M University School of Law
  - Executive Professor, present
• Barnes & Thornburg LLP
  - Partner, 2019-2021
• Crowe & Dunlevy
  - Shareholder and Director, 2017-2019
  - Associate, 1992-1995
• Southern Methodist University
  - Adjunct Professor of Law and Lecturer in English, 2000-2016
• Gardere Wynne Sewell LLP (now Foley and Lardner LLP)
  -Partner, 1999-2017
  -Associate, 1995-1999

Professional Activities

• American Law Institute

• American Bar Foundation
• American Bar Association
  - Antitrust Section
  - Antitrust Section Competition Torts (f/k/a RICO) Committee
• Texas Bar Association
  - Antitrust Section

• Oklahoma Bar Association

• Dallas Bar Association
  - Antitrust Section
• Dallas Bar Foundation
• The Hiett Prize in the Humanities
  - Advisory board member and former member of juries
• Greater Dallas Business Ethics Award
  - Judges panel member
• The Society of Writers to Her Majesty’s Signet
  - Associate (International) Member
• Judge, Texas Lawyer, Texas Legal Awards (Lawyer of the Year and Rising Stars, 2022).
• Master, Eldon B. Mahon Inn of Court (2022-2027)

Honors and Awards

• Listed in Chambers USA: America's Leading Lawyers for Business, 2007-2023

• Lifetime Achievement Award, Texas Lawyer Texas Legal Awards, 2022

• Listed in The Best Lawyers in America, 2016-2013

• Listed in Texas Super Lawyers, 2010-2013, 2019-2021

• Burton Award for Legal Achievement, 2005

• Inaugural member, Texas Million Dollar Verdict Hall of Fame, 2013

• Listed in Global Competition Review (GCR), 2014-2018

• Listed in Leading Lawyers in Competition Law (Texas), Who’s Who Legal, 2007-2010

• Fellow, Dallas Bar Foundation

Civic and Charitable Activities

• University of Kansas Alumni Association

• Fellow, Dallas Institute of Humanities & Culture

• D Magazine Best of the Big D Award, (for The Writers Studio), 2004

Selected Publications

Books, Edited Volumes, Monographs & Chapters

• Author, "The Performance of Law:  Everyday Lawyering at the Intersection of Advocacy and Imagination," (Routledge 2022) 
  
• Editor, Texas Business Litigation Quarterly 2015-2018
• Co-author, “Removal,” 607 Litigation Practice Portfolio Series, BNA, 2016
• Author, “Fictitious Fraud: Economics and the Presumption of Reliance,” Legal Fictions in Theory and Practice, Springer, 2015
• Author, “Truth in Context: Sketching a (New) Historicist Legal Pedagogy,” The Moral Imagination and the Legal Life, Ashgate, 2013
• Co-editor, Exemplary Narratives, a special issue of Law & Literature, Vol. 25, No. 3, 2013
• Author, Rehumanizing Law: A Theory of Law and Democracy, University of Toronto Press, 2011
• “Dramatic Deconstruction:  The Plays of Sam Shepard,” unpub. dissertation (1990)

Law Reviews

• Author, “Signs and Referents:  The Sources and Consequences of Disputes over Contractual Meaning” (in progress).
• Author, “A Study in Tartan:  Neil MacCormick’s Literary Humanism” (in progress).
• Author, "RICO Had a Birthday!  A 50-Year Retrospective of Questions Answered and Open," 105 Marquette Law Review 131, 2021

• Author, “Making Meaning: Towards a Narrative Theory of Statutory Interpretation and Judicial Justification,” 12 Ohio St. Bus. L. J. 1, 2017

• Co-author, “Conflict of Laws,” 3 SMU Ann. Tex. Survey 129, 2017

• Co-author, “Virtuous Billing,” 15 Nev. L. J. 698, 2015; republished in Law & Humanities Ejournal, 19(78), October 21, 2015

• Author, “Of Gangs and Gaggles: Can a Corporation Be Part of an Association-in-Fact RICO Enterprise?” 16 U. Pa. J. Bus. L. 973, 2014

• Author, “Institutionalizing Exemplary Narratives: Stories as Models for and Movers of Law,” 25 Law & Literature 337, 2013

• Author, “Fictitious Fraud: Economics and the Presumption of Reliance,” 9 Int’l J. L. in Context 506, 2013

• Author, “A Question of Taste: Touchstones for Determining the Certifiability of Class-wide Claims for Declaratory and Injunctive Relief under Rule 23 of The Federal Rules of Civil Procedure,” 17 Suffolk J. Trial & App. Advoc. 1, 2012

• Author, “Clarity and Confusion: RICO’s Recent Trips to the United States Supreme Court,” 85 Tulane L. Rev. 677, 2011

• Author, “Framing Franchise Antitrust Litigation: The Legacy of Kodak and Queen City Pizza,” 40 SW. L. Rev. 247, 2010

• Author, “How Lawyers (Come to) See the World: A Narrative Theory of Legal Pedagogy,” 56 Loy. L. Rev. 619, 2010

• Author, “A Hole in Need of Mending: Copyright and the Individual Marking of Advertisements Published in Collective Works,” 13 SMU Sci. & Tech. L. Rev. 1, 2009

• Author, “A Question of Fairness: Should Noerr-Pennington Immunity Extend to Conduct in International Commercial Arbitration?” 19 Am. Rev. Int’l Arb. 211, 2008

• Author, “Crimes That Count Twice: A Reexamination of RICO’s Nexus Requirements Under 18 U.S.C. § 1962(c) and 1964(c),” 32 Vt. L. Rev. 171, 2007

• Author, “Only One Kick at the Cat: A Contextual Rubric for Evaluating Res Judicata and Collateral Estoppel in International Commercial Arbitration,” 18 Fla. J. Int’l L. 549, 2006

• Author, “Rethinking Civil RICO: The Vexing Problem of Causation in Fraud-Based Claims under 18 U.S.C. § 1962(c),” 39 U.S.F. L. Rev. 319, 2005 (Burton Award Winner)

• Co-author, “Reforming the Unbargained Contract: Avoiding Bondholder Claims for Surprise Par Calls,” 55 Bus. Law. 317, 1999

Bar Journals and Other Periodicals

• Author, "From Profession to Commerce: Tracing the Evolution of the U.S. Legal System and Its Impact on Legal Education," Texas Lawyer, September 22, 2023
• Author, "Virtue in the Legal Profession and the Culture of Law Schools, Firms," Texas Lawyer, July 21, 2023
• Author, "True-Life Story Behind 'In Cold Blood' Cautions Against Blind Rule Adherence," Texas Lawyer, May 11, 2023
• Author, "Sensing an Ending: How Telling Stories Shapes Jurors' Understanding," Texas Lawyer, March 15, 2023
• Author, "Sensing an Ending: Inevitability in Closing Arguments," Texas Lawyer, November 2, 2022
• Author, "Replacement or Renewal? Some Thoughts on Legal History," Texas Lawyer, September 8, 2022
• Author, "A Question of Motive; Closing Argument as Literature," Texas Lawyer, September 1, 2022
• Author, “Framing Closing Arguments, Part 3,” Texas Lawyer, August 2022
• Author, "Framing Closing Arguments, Part 2," Texas Lawyer, May 23, 2022
• Author, "Framing Closing Arguments, Part 1," Texas Lawyer, March 21, 2022
• Author, "Rhetoric, Improvisation and the Construction of Trial Stories," Texas Lawyer, January 20, 2022
• Author, "Rhetoric and Improvisation in the Drama of Trial," Texas Lawyer, December 16, 2021
• Author, "Law and the Art of Representation," Texas Lawyer, December 13, 2021
• Author, "Staging Law's Stories," Texas Lawyer, September 27, 2021
• Author, "Stages of Rehearsal: Trial Preparation," Texas Lawyer, June 2021
• Author, "All the World (or at Least the Whole Courtroom) Is a Stage," Texas Lawyer, May 2021
• Author, "Simile or Metaphor? Is Trial Like Theater? Or Is It Theater?," Texas Lawyer, March 2021

• Author, “Rites of Law: Performance in Practice,” Texas Lawyer, October 2020

• Author, “Icons and Arrangements: How Courtrooms Talk About Themselves,” Texas Lawyer, September 2020

• Author, “Up in Smoke? Attacks on Marijuana Farming Under RICO,” Bloomberg Law, August 2020

• Author, “Immigration and the American West: The Myth of the Garden,” Texas Lawyer, August 2020

• Author, “Saying Things Without Words: The Meaning of Legal Spaces,” Texas Lawyer, July 2020

• Author, “Pandemic History and the Generation of Law,” Texas Lawyer, May 2020

• Author, “Of Lions and Lambs in the Time of Coronavirus,” Texas Lawyer, April 2020

• Author, “Law in the Time of Coronavirus,” Texas Lawyer, April 2020

• Author, “Is Big Always Bad? 2 Perspectives,” Texas Lawyer, February 2020

• Author, “50 Years Later, Interpretive Challenges Remain For RICO,” Law360, January 2020

• Author, “If You Think Atticus Finch Has Become Problematic, Consider William Faulkner,” The Dallas Morning News, November 4, 2019

• Author, “Mergers in the Age of Populism,” Texas Lawyer, May 15, 2019

• Author, “Technology and the Lawyer’s Lot: Some Observations from History,” The Texas Lawbook, July 2018

• Co-author, “Gorsuch and the Coexistence of Natural Law and Originalism,” Law360, April 2018

• Author, “Q&A with Randy Gordon: American Express case brings antitrust issues to forefront,” NewsOK, April 2018

• Author, “Reasoning About the Rule of Reason,” Law360, March 2018

• Author, “Is the Antitrust Rule of Reason Reasonable?” Law360, March 2018

• Author, “What to Make of CVS-Aetna and Other Megadeals,” Law360, December 2017

• Author, “Consolidation in Energy Industry Follows Volatility,” Oklahoman, December 2017

• Author, “Q&A with Randy Gordon: Price Gouging is Illegal During Natural Disasters,” Oklahoman, December 2017

• Author, “The Walgreens-Rite Aid Combination: Act Two,” Law360, July 14, 2017

• Author, “Law Schools and Law Firms: Two Cultures Seeking Common Ground,” Law360, March 21, 2017

• Author, “Strangest Day in Court: The 1995 Oklahoma City Bombing,” Law360, December 16, 2016

• Author, “Politics and the AT&T-Time Warner Merger,” Law360, November 7, 2016

• Author, “Antitrust Regulators Didn’t Let Beer Merger Go Flat,” Law360, October 11, 2016

• Author, “Why Verizon-Yahoo Deal is Raising Privacy Concerns,” Law360, August 11, 2016

• Author, “The Bayer-Monsanto Deal through and Antitrust Lens,” Law360, June 13, 2016

• Author, “Megamergers under the Microscope,” Law360, May 24, 2016

• Author, “Antitrust Claim against Uber Illuminates Perilous Intersection,” Texas Lawyer, April 12, 2016

• Author, “‘No Unblemished Truth, No Untainted Justice’: A Review of James Robertson’s The Professor of Truth,” 6 Signet 34, 2014

• Author, “The Road to Hell Is Paved with ‘Particular Intentions’: A Review of Marianne Wesson’s A Death at Crooked Creek,” 17 Green Bag 2D 467, 2014

• Author, “Letter from America,” SIGNET (regular column, 2011-2016)

• Co-author, “Corporate Governance Problems Facing the Energy Sector,” Oil & Gas Fin. J., July 19, 2012

• Author, “Lessons for Supply Chain Businesses: Antitrust Implications of Recent Price-Squeeze Decision by the U.S. Supreme Court,” 16 GSA Forum No. 2, 32, June 2009

• Author, “Antitrust Roundtable,” 22 Texas Lawyer No. 42 at 1A, December 18, 2006

• Author, “Hall Center Reaches Out to Community,” KU Collegian, Spring 2005

• Author, “Lawsuit over Grades Leaves Little Room for Learning,” Fort Worth Business Press, December 5, 2003

• Author, “Annual RICO Update,” Tex. Bus. Litig. 2002-2010

• Author, “Network Industry Markets: A Brief Look at the Implications of U.S. v. Visa,” 65 Tex. Bar J., No. 1 at 30, 2002

• Author, “Parsing Civil RICO: An Outline of Pleading and Proof Requirements for Fraud-Based Claims Under 18 U.S.C. § 1964(c),” Tex. Bus. Litig., Fall 2001

• Co-author, “Who Is an Expert? Supreme Court Case Redefines the Rules,” 1 Legal Pad 3, 1994

• Shipley, et al. eds., Oklahoma Environmental Law Handbook, (copy editor) 1992

Selected Speaking Engagements

• Speaker, "Racketeer Influenced & Corrupt Organizations Act," Tarrant County Bar Association Business Litigation Section, Fort Worth, Texas, December 2, 2021

• Senior Host, “The Writer’s Studio,” an ongoing series of interviews with contemporary authors. Broadcast locally by KERA and nationally by selected NPR affiliates

• Speaker, “The Supreme Court as a Rule-Making Body,” The Hockaday School, May 8, 2017

• Presenter, “Legal Ethics and Liability Issues for University General Counsel,” The Texas A&M University System, Office of General Counsel, April 13, 2017

• Workshop Faculty Member, “Endings and Beginnings,” The Federal Reserve Bank of Dallas Leadership Program, April 6, 2016

• Speaker, “Fictions and Models: Exemplary Narratives as Law,” Association for the Study of Law, Culture and the Humanities, University of Connecticut Law School, April 1-2, 2013

• Speaker, “Compassion and the Rhetoric of Rules,” World Congress of the International Association for the Philosophy of Law and Social Philosophy, Georgetown University, July 27-August 1, 2015

• Speaker, “Truth in Context: Evidence as a Social Construct,” Association for the Study of Law, Culture and the Humanities, University of Virginia, March 10-11, 2014

• Speaker, “The Lawyer as Virtuous Actor: Is that Still Possible?” Lawyering and Psychology: Coalescing the Field, UNLV/Boyd School of Law, February 21-22, 2014

• Speaker, “Navigating Multiple Fiduciary Duties: Watch Out for the Rocks!” Texas General Counsel Forum, San Antonio, November 15, 2013

• Moderator, “Understanding Tragedy, The Impact of the JFK Assassination on Dallas,” Politics Track, November 2, 2013

• Speaker, “Law-as-Performance,” Association for the Study of Law, Culture and the Humanities, University of London/Birkbeck College, March 22-23, 2013

• Speaker, “Legal Fictions,” World Congress of the International Association for the Philosophy of Law and Social Philosophy, Goethe University, Frankfurt, August 15-20, 2011

• Panelist, “The Poetry of Emily Dickinson,” McKinney Avenue Contemporary, May 25, 2011

• Speaker, “What Is a Virtuous Lawyer?” presentation at the Meaning of Virtue in the Professions lecture series, Dallas Institute/SMU, February 1, 2011

• Panelist, “Martin Luther King’s ‘Letter from Birmingham Jail’ and the Law-Morality Problem,” at Just and Unjust Laws: A Civil Rights Discussion, Dallas Institute, December 6, 2010

• Speaker, “Truth in Context: Thinking about Law as and of Environment,” Fellows Symposium, Dallas Institute, November 7, 2009

• Speaker, “Truth in Context: Sketching a (New) Historicist Legal Pedagogy,” Beyond Text in Legal Education, University of Edinburgh, June 20-21, 2009

• Panelist, “Humanistic Critiques of Legal Education,” Association for the Study of Law, Culture and the Humanities, Suffolk University, April 3-4, 2009

• Panelist, “Are We Converging Yet?,” Competition Law: A View from Both Sides of the Atlantic, WS Society, Edinburgh, October 13, 2008

• Speaker, “We, the People–Beyond November 4th,” Dallas Institute, November 19, 2008

• Moderator, “The Future of Race, Class, and the Law,” Dallas Festival of Ideas, November 8, 2008

• Distinguished Practitioner in Residence, “Essential Elements of an Effective Antitrust Compliance Program,” “How Stories Become Legal Rules: A Kansas Case,” “A Narrative Theory of Legal Pedagogy,” and “From Law School to Law Practice: Transitional Strategies,” Washburn University School of Law, April 3, 2008

• Speaker, “How Lawyers (Come to) See the World: A Narrative Theory of Legal Pedagogy,” International Conference on the Future of Legal Education, Georgia State University College of Law, February 20-24, 2008

• Speaker, “Law, Humanities, and the Future of the Legal Profession,” Hall Center for the Humanities, University of Kansas, January 9, 2008

• Speaker, “Bellerophon Taming Pegasus: Does Law’s Tie Bind or Strangle?” Fellows Symposium, Dallas Institute, December 1, 2007

• Seminar Leader, “Institutionalizing Narratives as Legal Rules: The Case of Evidence at Trial,” University of Edinburgh Legal Theory Reading Group, November 21, 2007

• Speaker, “Measure for Measure: The Rule of Law and the Possibility of Justice,” Dallas Institute Summer Teachers Institute, July 12, 2007

• Seminar Leader, “Institutionalizing Narratives: A Transformational Theory of Law and Democracy,” Institute for Advanced Studies in the Humanities, University of Edinburgh, May 2, 2007

• Speaker, “A Clash of Pieties: Antigone and the Roles of Law and Family,” Fellows Symposium, Dallas Institute, November 4, 2006

• Faculty Member, “Turning Great Expectations into Reality,” a presentation at the Chief Recruitment & Professional Development Officers’ Forum presented by American Lawyer, April 3, 2006

• Speaker, “Navigating a Course from Practice to Professional Development: Watch Out for the Rocks!” Annual NALP & ALI-ABA Professional Development Institute, December 1-2, 2005

• Speaker, “Emerging Issues in RICO,” CLE presentation at Texas State Bar Antitrust and Business Litigation Section Annual Seminar, 2005-2006

• Faculty Member, “Law, Literature and the Possibility of Democracy,” Appellate Judges Summit, November 16, 2004

• Speaker, “Paving the Road to Democracy: The Humanities as a Foundation,” The Road to Democracy Conference, Dallas Institute/University of Kansas, September 18, 2004

• Speaker, “Medical and Legal Frontiers: Cloning, Transplants, and the Question of Personal Identity,” Medicine and the City lecture series, Dallas Institute/UT Southwestern Medical Center, May 12, 2004

• Speaker, “Reason, Objectivity and the Law,” The Enlightenment and Its Discontents Colloquium, University of Kansas, September 5, 2003

• Speaker, “Ethical Issues in Class Actions: The Putative Class Member Problem,” Texas State Bar Antitrust and Business Litigation Section Annual Seminar, April 2002

• Guest Lecturer, “Antitrust in the e-Commerce Economy,” SMU/Dedman School of Law, 2001-2016

• “Legal Writing and Critical Thinking,” in-house CLE presentations, 2000-2006

• Presentation to the Committee on Trust Indentures and Indenture Trustees at the Annual Meeting of the ABA Section of Business Law, July 8, 2000

• “Ethics Jeopardy,” in-house CLE panel, 1999

• Guest Lecturer, “Legal Aspects of Mergers and Acquisitions,” SMU/Cox School of Business, 1997-1999

• Moderator, The Dallas Institute of Humanities & Culture’s semi-annual Law & Imagination conferences (1997-2000). Presentations (all pertain to ethics and rhetoric) included “Duties, Rights, and the Meaning of Human Freedom under American Constitutionalism” (April 28-29, 2000); “How Lawyers Correct for the Democratic ‘Scorn of Forms’: de Tocqueville’s Democracy in America,” October 21-22, 1999

• Presenter, “The Guest-Innkeeper Relationship in Oklahoma,” seminar on Hospitality Law in Oklahoma, March 17-18, 1994

• “Choosing a Method of Doing Business Abroad: Agents, Distributors, Branches, Subsidiaries and Joint Ventures Considered,” “Incoterms,” “Sales of Goods: A Comparison of the UCC and the CISG,” and “International Taxation,” presented to workshop on Legal Aspects of International Trade, Oklahoma District Export Council, February 16, 1994

• “Problems in Ethics: Recent Developments,” in-house CLE presentation, 1994

• “Peremptory Challenges: Class-Based Limits,” in-house CLE presentation, 1993

• “Real Estate Lending Standards: New Federal Regulations,” in-house CLE presentation, 1993