Odean Volker

Odean L. Volker has spent his career offering clients a practical approach to dispute resolution, and, when needed, trying their cases to a judge, jury or arbitrator as the case may be.

Odean has served the firm as a co-chair of the Litigation Practice Group and currently leads the International Arbitration Practice Group. Odean’s practice includes domestic and international commercial arbitration, securities and complex litigation, and extensive experience in conducting internal investigations and addressing governance issues for public and private companies.

Odean has represented clients in domestic and international commercial arbitration matters. He has advised clients with regard to disputes administered by the American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR), International Chamber of Commerce (ICC) and China International Economic Trade and Arbitration Association (CIETAC). Odean’s arbitration experience includes:

• Representation of an oilfield equipment manufacturer involving claims that the manufacturer had breached alleged agency agreements with U.S. and Middle Eastern companies.
• Defense of an oilfield service company against claims brought by a business associate related to business in Central Asia.
• Prosecution of claim by after aftermarket auto-part company against an Asian manufacturer.
• Representation of a broker/dealer in arbitration arising out of an alleged investment scam perpetrated by unrelated parties.
• Advise payment systems provider on management of its disputes in China.
• Defense of aviation industry service provider against claims related to fuel purchases.
• Representation of an international corporation in the enforcement of an arbitral award under the Inter-American Convention on International Commercial Arbitration (the “Panama Convention”).
• Representation of multi-national oil field services company resisting vacatur of an arbitral award.
• Representation of Central American company in enforcement of arbitral award under the Panama Convention.

Odean has represented issuers, underwriters and secondary actors in securities class action disputes, and has advised companies and directors in derivative litigation. Odean’s securities and derivative litigation experience includes the following representations:

• Defense of the independent directors of a public company in a Caremark claim arising from resolution of FCPA allegations.
• Defense of an international investment bank in multidistrict litigation arising out of the collapse of Enron Corp. and involving single plaintiff and securities class action suits.
• Representation of hospitality company against shareholder derivative claims arising out of a proposed going private transaction.
• Defense of private equity firm in multiple derivative actions arising out of a proposed purchase of a logistics provider.
• Defense of an international oil and gas company in a class action alleging securities fraud claims arising out of an auction of the company’s properties.
• Defense of an underwriter in a securities fraud class actions alleging claims in connection with disclosures regarding the issuer’s marketing practices and background of one of its distributors.
• Representation of Special Litigation Committee of medical device manufacturer in review of shareholder derivative claims.

Odean has represented public and private companies, individuals, and governmental organizations in internal investigations or reviews of various issues. Odean’s experience includes:

• Representation of the Chief Financial Officer of an oil field service company in Foreign Corrupt Practices Act (“FCPA”) investigation.
• Representation of a West African exploration and production company with regard corruption and governance investigation.
• Representation of business consultant with regard to alleged violation of Indian corruption and bribery laws.
• Internal investigation of international oilfield services and construction company arising out of concerns about management and cash flow issues.
• Internal investigation of chemical company arising out of alleged misuse of company information.

Odean’s commercial litigation engagements include:

• Representation of veterinary clinic in dispute with contractor regarding building repairs following flood damage.
• Representation of commercial tenant in dispute with its landlord over responsibility for repair of flood damage.
• Defense of oilfield equipment manufacturer in an action alleging, among other causes, breach of contract, theft of trade secrets and anti-trust violations arising out of the acquisition of certain technology by the equipment manufacturer.
• Prosecution of law firm’s claim for fees and defense of professional negligence claim.
• Defense of general contractor against claims by a subcontractor for payment and prosecution of claim for breach of contract by the subcontractor.
• Prosecution of claim by spa equipment manufacturer against one of its founders and others, and representation of company in resulting “business divorce.”

EDUCATION :

• J.D., University of Houston Law Center, 1990
• B.A., University of Texas at Austin, 1987
• B.B.A., University of Texas at Austin, 1986

ADMISSIONS : Texas, New York