Randy Gordon

Director

Office: Dallas
Email: randy.gordon@crowedunlevy.com

Phone: 214.420.2141
Fax: 214.736.1747
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Randy Gordon is a director in the firm’s Dallas office and a member of the Antitrust, Appellate, Litigation & Trial and Product Liability Practice Groups.

With decades of experience, Randy’s practice includes antitrust, RICO, class action and university-related matters. His career highlights include antitrust implications of transactions and distribution plans for more than two dozen industries. He formerly served as general counsel to a global trade association serving the semiconductor industry and as the lead attorney for a major research university in international products-liability litigation.

In the legal community, his professional activities include service as past chair of the State Bar of Texas Antitrust Section, a member of the Competition Torts Committee of the Antitrust Section of the American Bar Association (ABA) and an elected member of both The Society of Writers to Her Majesty’s Signet and the American Law Institute. He has been recognized in antitrust law by Best Lawyers in America since 2016 and Super Lawyers from 2010-2013 and is an inaugural member of the Texas Million Dollar Verdict Hall of Fame.* His breadth of legal knowledge affords him frequent opportunities to expound on antitrust, the Racketeer Influenced and Corrupt Organizations (RICO) Act and class action matters in multiple media publications such as The Economist, Houston Chronicle and Law360.

Randy is a frequent lecturer and has many published works. His most recent book, Rehumanizing Law: A Theory of Law and Democracy, was published in 2011 by the University of Toronto Press (review: Harvard). He has written numerous law review articles, which have been published in journals of California, Cambridge, Columbia, Florida, Loyola, Nevada, Penn, San Francisco, SMU, Southwestern, Suffolk, Tulane and Vermont. Randy’s articles concerning RICO issues are regularly cited as persuasive authority by courts, commentators and practitioners, including in pattern jury instructions, leading law reviews (e.g., Columbia, Harvard, NYU, and Yale), and briefs in cases before the US Supreme Court (e.g., Anza, Bank of China, and Bridge).

His extensive educational background includes a Ph.D. from the University of Edinburgh with an emphasis on legal theory. While there, he was nominated for and awarded the IASH Faculty Fellowship. He earned his LL.M. from Columbia Law School with an emphasis in international and comparative law as well as in legal philosophy. He was also awarded the Parker School Honors in international and foreign law while attending Columbia Law School. He graduated cum laude from Washburn University School of Law, where he was law journal editor and a member of Phi Kappa Phi. In addition, Randy has a Ph.D., a master’s and a bachelor’s degree in English from The University of Kansas. He received the Haglund Dissertation Prize for his Ph.D. in English.

*Crowe & Dunlevy has no input in the rating methodologies used by Best Lawyers in America and Super Lawyers.

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Professional Associations & Memberships

  • American, Texas, and Oklahoma Bar Associations
  • United States Supreme Court; the United States Court of Appeals for the Fifth Circuit; multiple United States District Courts
  • Antitrust Section of the American Bar Association
  • Antitrust Sections of Texas and Dallas Bar Associations
  • University of Kansas Alumni Association
  • Antitrust and Business Litigation Section of the State Bar of Texas–Chair, Section Council, 2007-08
  • ABA Legal Education Section–Former Member, Professionalism Committee; Former Member, CLE Committee; Qualified Team Member, Law School Site Evaluations
  • ABA Antitrust Section—Member, Competition Torts (f/k/a RICO) Committee
  • SMU Dedman School of Law–Host Family Program, Mock Interview Program, and Client Counseling and Mock Trial Judge
  • Judge, Finals of ABA Negotiation Competition (2000)
  • Moderator, Oklahoma Roundtable on International Trade with ASEAN Ambassadors

Honors & Awards

  • Ranked in Chambers USA Band 3 (Antitrust - Texas)
  • Listed in Best Lawyers, Antitrust Law (2016 - Present)
  • Listed in Antitrust Litigation, Texas Super Lawyers (2010 - 2013)
  • Member, American Law Institute (nominated 2007; elected 2008)
  • Inaugural Member, Texas Million Dollar Verdict Hall of Fame (2013) (for Longview Energy Co. v. The Huff Energy Fund L.P., et al.)
  • Nominated for Membership, American Bar Foundation (2011)
  • Featured, GCR 100 for Competition Law (Texas), Global Competition Review (2014-present)
  • Recognized, America’s Leading Business Lawyers in Antitrust (Texas), Chambers & Partners, USA (2007-present)
  • Recognized, Leading Lawyers in Competition Law (Texas), Who’s Who Legal (2007-10)
  • Nominated for and Awarded Faculty Fellowship, Institute for Advanced Studies in the Humanities, University of Edinburgh (2006-07)
  • Associate (International) Member, The Society of Writers to Her Majesty’s Signet (nominated and elected 2006)
  • Recipient, Burton Award for Legal Achievement (Library of Congress/Law Library of Congress) (2005)
  • Fellow, Dallas Institute of Humanities & Culture (inducted 2005)
  • Subject of Signet Magazine “Special Profile” (Summer, 2015)
  • Subject of Dallas Morning News “High Profile” (“Answering Life’s Big Questions,” June 27, 2004)
  • D Magazine “Best of Big D” Award (for The Writers Studio) (2004)
  • Fellow, Dallas Bar Foundation
  • Gardere Wynne Sewell LLP “Blue Chip” Award (for professional development work)
  • Recognition of Achievement in International & Foreign Law with Honors (Columbia)
  • Dorothy Haglund Prize for an Outstanding Dissertation (KU’s highest award for a dissertation)
  • Finalist and Reserve Candidate, Fulbright EU Law Fellowship, 1995
  • Multiple Kansas Press Association Awards for Best Retail Ad and Best Small Campaign

Published Works

  • Everyday Lawyering: Where Imagination and Morality Meet Advocacy and Logic (proposal accepted, University of Toronto Press)
  • “Removal,” 607 Litigation Practice Portfolio Series (BNA, 2016) (with Charles S. North)
  • Rehumanizing Law: A Theory of Law and Democracy (University of Toronto Press, 2011) (reviewed, 125 Harv. L. Rev. 875 (2012)) (publisher’s description: book; review: Harvard)
  • “Dramatic Deconstruction: The Plays of Sam Shepard,” unpub. dissertation (1990)
  • “Truth in Context: Sketching a (New) Historicist Legal Pedagogy,” in The Moral Imagination and the Legal Life (Bankowski & Del Mar, eds., Ashgate, 2013) (publisher’s description: book; review: ALWD)
  • Exemplary Narratives, a special issue of Law & Literature, Vol. 25, No. 3 (co-editor with Maks Del Mar) (2013)
  • “Fictitious Fraud: Economics and the Presumption of Reliance,” in Legal Fictions in Theory and Practice (Del Mar & Twining, eds., Springer, 2015) (review: Tamanaha)
  • Editor, Texas Business Litigation Quarterly (2015-present)
  • “Law-as-Performance” (in progress)
  • “Signs and Referents: A Second Look at Classic Contractual Ambiguity” (in progress)
  • “A Study in Tartan: Neil MacCormick’s Literary Humanism” (in progress)
  • “Making Meaning: Towards a Narrative Theory of Statutory Interpretation and Judicial Justification,” 12 Ohio St. Bus. L. J. ___ (2017)
  • “Conflict of Laws,” 3 SMU Ann. Tex. Survey 129 (2017) (with Paul George)
  • “Virtuous Billing,” 15 Nev. L. J. 698 (2015) (with Nancy Rapoport, invited submission to symposium issue) (SSRN “Top Ten Download,” October 2015); republished in Law & Humanities eJournal, 19(78), October 21, 2015 (review: Jotwell)
  • “Of Gangs and Gaggles: Can a Corporation Be Part of an Association-in-Fact RICO Enterprise?” 16 U. Pa. J. Bus. L. 973 (2014) (lead article) (SSRN “Top Ten Download,” February 2014)
  • “Institutionalizing Exemplary Narratives: Stories as Models for and Movers of Law,” 25 Law & Literature 337 (2013) (peer reviewed) (U of California P)
  • “Fictitious Fraud: Economics and the Presumption of Reliance,” 9 Int’l J. L. in Context 506 (2013) (peer reviewed) (Cambridge UP)
  • “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) (lead article)
  • “Clarity and Confusion: RICO’s Recent Trips to the United States Supreme Court,” 85 Tulane L. Rev. 677 (2011)
  • “Framing Franchise Antitrust Litigation: The Legacy of Kodak and Queen City Pizza,” 40 Sw. L. Rev. 247 (2010) (lead article)
  • “How Lawyers (Come to) See the World: A Narrative Theory of Legal Pedagogy,” 56 Loy. L. Rev. 619 (2010)
  • “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) (lead article)
  • “A Question of Fairness: Should Noerr-Pennington Immunity Extend to Conduct in International Commercial Arbitration?” 19 Am. Rev. Int’l Arb. 211 (2008) (Columbia U/Parker School)
  • “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)
  • “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)
  • “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 – Library of Congress/Law Library of Congress)
  • “Reforming the Unbargained Contract: Avoiding Bondholder Claims for Surprise Par Calls,” 55 Bus. Law. 317 (with Robert S. Blanc) (1999)
  • “Gorsuch And The Coexistence Of Natural Law And Originalism,” Law 360 (with Stephanie Assi) (April 2018)
  • “Q&A with Randy Gordon: American Express case brings antitrust issues to forefront,” NewsOK (April 2018)
  • “Reasoning About the Rule of Reason,” Law360 (March 2018)
  • “Is the Antitrust Rule of Reason Reasonable?” Law360 (March 2018)
  • “What to Make of CVS-Aetna and Other Megadeals,” Law360 (December 2017)
  • “Consolidation in Energy Industry Follows Volatility,” Oklahoman (December 2017)“Consolidation in Energy Industry Follows Volatility,” Oklahoman (December 2017)“Consolidation in Energy Industry Follows Volatility,” Oklahoman (December 2017)
  • “Q&A with Randy Gordon: Price Gouging is Illegal During Natural Disasters,” Oklahoman (December 2017)
  • “The Walgreens-Rite Aid Combination: Act Two,” Law360 (July 14, 2017)
  • “Law Schools and Law Firms: Two Cultures Seeking Common Ground,” Law360 (March 21, 2017)
  • “Strangest Day in Court: The 1995 Oklahoma City Bombing,” Law360 (December 16, 2016)
  • “Politics and the AT&T-Time Warner Merger,” Law360 (November 7, 2016)
  • “Antitrust Regulators Didn’t Let Beer Merger Go Flat,” Law360 (October 11, 2016)
  • “Why Verizon-Yahoo Deal is Raising Privacy Concerns,” Law360 (August 11, 2016)
  • “The Bayer-Monsanto Deal through and Antitrust Lens,” Law360 (June 13, 2016)
  • “Megamergers under the Microscope,” Law360 (May 24, 2016)
  • “Antitrust Claim against Uber Illuminates Perilous Intersection,” Tex. Lawyer (April 12, 2016)
  • “‘No Unblemished Truth, No Untainted Justice’”: A Review of James Robertson’s The Professor of Truth,” 6 Signet 34 (2014)
  • “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)
  • “Corporate Governance Problems Facing the Energy Sector,” Oil & Gas Fin. J. (July 19, 2012) (with Craig Florence)
  • “Letter from America,” Signet (regular column, 2011-present) (featured column)
  • “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)
  • “Antitrust Roundtable,” 22 Tex. Lawyer No. 42 at 1A (Dec. 18, 2006)
  • “Hall Center Reaches Out to Community,” KU Collegian (Spring 2005)
  • “Lawsuit over Grades Leaves Little Room for Learning,” Ft. Worth Business Press (Dec. 5, 2003)
  • “Annual RICO Update,” Tex. Bus. Litig. (2002-2010)
  • “Network Industry Markets: A Brief Look at the Implications of U.S. v. Visa,” 65 Tex. Bar J., No. 1 at 30 (2002)
  • “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)
  • “Who Is An Expert? Supreme Court Case Redefines the Rules,” 1 Legal Pad 3 (1994) (co-authored with Harry A. Woods, Jr.)
  • Shipley, et al. eds., Oklahoma Environmental Law Handbook (copy editor) (1992)

Speaking Engagements

  • Invited Speaker, “The Supreme Court as a Rule-Making Body,” The Hockaday School (May 8, 2017)
  • Presentation, “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)
  • Invited 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)
  • Invited Speaker, “Compassion and the Rhetoric of Rules,” World Congress of the International Association for the Philosophy of Law and Social Philosophy (workshop page), Georgetown University (July 27-August 1, 2015)
  • Invited 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)
  • Invited 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).
  • Invited 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, featuring Stephen Carter, Sen. Kay Bailey Hutchison, Mayor Mike Rawlings, and Hon. Margaret Spellings (November 2, 2013)
  • Invited Speaker, “Law-as-Performance,” Association for the Study of Law, Culture and the Humanities, University of London/Birkbeck College (March 22-23, 2013)
  • Invited 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)
  • Invited Speaker, “What Is a Virtuous Lawyer?” presentation at the Meaning of Virtue in the Professions lecture series, Dallas Institute/SMU (February 1, 2011)
  • Panelist/Presenter, “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)
  • Invited Speaker, “Truth in Context: Thinking about Law as and of Environment,” Fellows Symposium, Dallas Institute (November 7, 2009)
  • Invited 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)
  • Invited Speaker, “We, the People – Beyond November 4th,” Dallas Institute (November 19, 2008)
  • Moderator, “The Future of Race, Class, and the Law,” one of four tracks at the Dallas Festival of Ideas, featuring David Brooks, Nicholas Kristof, Elizabeth Kolbert, Maya Wiley, and Michael Beschloss (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).
  • Invited 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)
  • Invited Speaker, “Law, Humanities, and the Future of the Legal Profession,” Hall Center for the Humanities, University of Kansas (January 9, 2008)
  • Invited 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)
  • Invited 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)
  • Invited 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)
  • Invited Speaker, “Navigating a Course from Practice to Professional Development: Watch Out for the Rocks!,” a presentation at the Annual NALP & ALI-ABA Professional Development Institute (December 1-2, 2005)
  • Invited Speaker, “Emerging Issues in RICO,” CLE presentation at Texas State Bar Antitrust and Business Litigation Section Annual Seminar (paper co-authored with Sam Joyner) (2005-2006)
  • Faculty Member, “Law, Literature and the Possibility of Democracy,” a presentation at the Appellate Judges Summit, the inaugural conference of the Appellate Judges Education Institute (November 16, 2004)
  • Invited Speaker, “Paving the Road to Democracy: The Humanities as a Foundation,” presentation at The Road to Democracy Conference, Dallas Institute/University of Kansas (September 18, 2004)
  • Invited Speaker, “Medical and Legal Frontiers: Cloning, Transplants, and the Question of Personal Identity,” presentation at Medicine and the City lecture series, Dallas Institute/UT Southwestern Medical Center (May 12, 2004)
  • Invited Speaker, “Reason, Objectivity and the Law,” a presentation at The Enlightenment and its Discontents Colloquium featuring Peter Gay, University of Kansas (September 5, 2003)
  • Invited Speaker, “Ethical Issues in Class Actions: The Putative Class Member Problem,” CLE presentation at Texas State Bar Antitrust and Business Litigation Section Annual Seminar (paper co-authored with Rachel Schwartz) (April 2002)
  • “Antitrust in the e-Commerce Economy,” guest lectures at SMU/Dedman School of Law (2001-2016)
  • “Legal Writing and Critical Thinking,” in-house CLE presentations with Professor Amy Devitt (2000-2006)
  • Presentation to the Committee on Trust Indentures and Indenture Trustees at the Annual Meeting of the ABA Section of Business Law (co-presented with Robert S. Blanc) (July 8, 2000)
  • “Ethics Jeopardy,” in-house CLE panel (1999)
  • “Legal Aspects of Mergers and Acquisitions,” guest lectures at SMU/Cox School of Business (1997-1999)
  • Moderator/panelist/invited speaker at 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)
  • “The Guest-Innkeeper Relationship in Oklahoma,” presented to 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)

Community Service

  • The Hiett Prize in the Humanities (largest humanities prize in the US)–Member, Advisory Board & 2010, 2015 Juries
  • Greater Dallas Business Ethics Award–Member, Judges Panel (2015-present)
  • The Writer’s Garret–General Counsel and Past-Chair, Board of Directors
  • Dallas Institute’s thirtieth anniversary celebration (2010-11)–Member, Steering Committee
  • Former Advisor to ¡TEX! Magazine, the then-largest circulating literary magazine in the country
  • Highland Park Literary Festival–Former Member, Advisory Board
  • Dallas Institute’s twentieth anniversary celebration honoring Dr. Louise Cowan and featuring Mrs. Laura Bush and Mrs. Lynne Cheney (2001)–Member, Steering Committee
  • Event Chair, 2000 Jingle Bell Run
  • Oklahoma Bombing Disaster Volunteer (1995)
  • Downtown Lawrence (KS) Association, Former Director
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