Mr. Vail’s practice focuses on commercial litigation, specifically on business tort litigation and complex statutory causes of action including the Racketeer Influenced Corrupt Organizations Act (RICO) and the Sherman and Clayton Antitrust Acts.
Prior to working as an attorney, Mr. Vail served as a special operations intelligence officer in the United States Air Force where he planned and executed over 210 combat missions in Iraq and Afghanistan, including Operation GOPLATS (a joint SEAL Team 3, British 47 Commando, Polish GROM seizure of offshore oil platforms and infrastructure in Iraq’s al-Faw peninsula).
Mr. Vail has significant experience as lead attorney in numerous bench and jury trials in state and federal court, as well as multi-week arbitration proceedings, including:
- Lead counsel in major music-industry antitrust dispute, completed 13-day jury trial in federal court, managing five attorneys and seven experts/support staff; took over 22 depositions; international discovery in Canada, UK, Netherlands; processed more than 500,000 pages of documents; obtained seven-figure net settlement in client’s favor.
- Successfully settled claims for client as lead counsel in Whittle v. Marley, et al., involving RICO and breach of fiduciary duty claims against estate of Bob Marley.
- Received $2 million judgment at trial for client as lead counsel in breach of fiduciary duty and alter ego case against Quizno’s franchisor entities.
- Served as lead counsel in Brown v. A&E Television Networks, LLC, et al., represented bail bondsman Bobby Brown in lawsuit against Dog the Bounty Hunter television franchise, case settled favorably for client.
- Served as lead counsel in British Charter Holdings, LLC v. PM Operating, et al., complex, multi-venue litigation in Colorado and Texas on behalf of BCH against holding companies of two billionaire families (Meinig and Hojel). Net settlement of $3.3 million to client.
- Won $630,000 in favor of client and defeated $4 million counterclaim as lead counsel in Monaco Dental v. Manshadi, a two-week AAA arbitration hearing on franchise and alter ego.
- Obtained dismissal of all claims on motion to dismiss while representing defendant BP America in putative antitrust class action.
- Performed exotic risk mitigation engagements over seven years for high net-worth family office and individuals, including assistance in US, France, Spain, Cuba, Mexico and Nigeria (K&R, surveillance, investigations, counter-intelligence, and security coordination).
Successfully represented investors in technology start-up as lead counsel brining fraud and alter ego claims against founders, secured judgment of $371k following arbitration.
Prevailed at trial as lead counsel in ammunition product defect dispute; after court determined ammunition was not defective, obtained over $400k judgment to client manufacturer for non-payment.
Secured dismissal of medical monitoring class action against client hospital in high-profile case of 4,000+ claims of Hepatitis C exposure.
Mr. Vail is an American Sailing Association certified bareboat captain and has captained sailboats in the Aeolian Islands and Sea of Cortez.
Juris Doctor, 2008, University of Denver Sturm College of Law
Bachelor of Science in Engineering and History, 1999, United States Air Force Academy
State and federal court:
- Texas (pro hac vice in Travis County and S.D. Tex.)
- United States Court of Appeals for the Tenth Circuit
Memberships & Professional Affiliations:
- American, Colorado, Denver, and Arapahoe Bar Associations
Articles & Publications:
- Presentation to Colorado Bar Association Leadership Training program (COBALT) 2011 entitled Open Source Legal Knowledge Management
- Presentations to over 500 members at the annual meetings of the Association for the Study of Peak Oil and Gas; presentations entitled Rescuing Suburbia, 2010 (Washington, D.C.); The Renewables Gap, 2009 (Denver, CO); Geopolitical Feedback-Loops in Global Resource Production, 2008 (Sacramento, CA)
- Presented paper All Roads Lead to Rome: Processes of Hierarchy, Subsidy and Control in the Evolution of Empireto Mediterranean Studies Assoc. 2005 conference, Messina, Italy
- Rhizome Networks: Asymmetric Politicsin Politics To-Go(Geo. Wash. U. Press) 2005
- Board member of The Institute for the Study of Energy and its Future; regular contributor (48 articles from 2005-2010) on geopolitics and energy supply issues at its website theoildrum.com
- Author of A Theory of Power(2004), called “Fascinating” by Noam Chomsky