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Fulbright & Jaworski L.L.P.


Kevin O’Gorman, O’Gorman, Fulbright & Jaworski L.L.P., Fulbright & Jaworski, Fulbright and Jaworski, Fulbright, international arbitration, commercial disputes, business disputes, construction, energy, oil and gas, litigation, state contracts, foreign investment, banking and finance, maritime, pro bono, Houston
Kevin  O'Gorman - Fulbright & Jaworski LLP
Kevin O'Gorman
Partner
D: +1 713 651 3771
Houston
Fulbright Tower
1301 McKinney
Suite 5100
Houston, TX 77010-3095
T: +1 713 651 5151
F: +1 713 651 5246
AREAS OF CONCENTRATION
EXPERIENCE

Kevin focuses on international arbitration and litigation. He has represented a broad range of clients in arbitrations before the American Arbitration Association, the International Centre for Dispute Resolution, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce, the LCIA, regional arbitral institutions and under the UNCITRAL Arbitration Rules. He  serves as arbitrator and routinely advises clients on arbitration clauses and other contractual dispute resolution provisions. Kevin also has extensive experience representing clients in federal and state courts in a wide variety of international and domestic disputes.  He is admitted in Texas, New York and England and Wales (Solicitor).

Kevin served as Team Leader and Senior Legal Secretary to the Claims Resolution Tribunal for Dormant Accounts in Zurich, Switzerland. In that role, he handled a significant number of international arbitral proceedings involving claims against certain Swiss banks relating to Holocaust-era accounts. He supervised an international team of lawyers and was a member of the Tribunal's Policy Committee. After law school, Kevin clerked for the Honorable Howell Cobb, U.S. District Judge for the Eastern District of Texas.

REPRESENTATIVE EXPERIENCE

Energy

  • Represented a U.S. energy company in an ICSID arbitration in respect of its investment during privatization in an electricity generating company in a Latin American State arising out of additional tax assessments imposed by the State
  • Represented a Russian energy company in an English law, London seat LCIA arbitration arising from its merger with another Russian energy company
  • Represented a Russian energy company in a London seat UNCITRAL arbitration relating to crude oil supplies to a Central European oil refiner
  • Represented a Swiss oil trading company in a London seat UNCITRAL arbitration relating to crude oil supplies to a Central European oil refiner
  • Represented Canadian oil company in ICC arbitration dispute concerning West African offshore oil fields
  • Represented a publicly traded energy company in a working capital dispute related to the $600 million sale of a refinery located in Aruba
  • Represented a Canadian energy company sued in a commercial dispute in Texas state court; after removal to federal court, secured the dismissal of the lawsuit against our client for lack of personal jurisdiction
  • Secured dismissal of a case brought in Texas state court against a Dutch client relating to the alleged failure of a wind power joint venture in China
  • Represented an offshore energy exploration company in an arbitration under the AAA's International Rules against a publicly traded energy firm regarding disputes arising out of the development of an oil and gas field in China
  • Represented a Kuwaiti drilling company before the United Nations Compensation Commission for damages it suffered due to Iraq's invasion of Kuwait

Commercial

  • Represented Russian oil company with respect to U.S. Chapter 11 and Chapter 15 bankruptcy proceedings
  • Secured dismissal of federal and state court lawsuits against Russian oil company with respect to commercial and other claims relating to South American operations
  • Represented a publicly traded transportation company in an ICDR Arbitration to enforce a $400 million agreement to acquire a Mexican transport company
  • Represented a global surveying company against the manufacturer of a defective deep-sea surveying system in an ICDR arbitration
  • Represented a publicly traded U.S. computer company in an ICC arbitration against a German supplier of defective computer equipment
  • Represented a German industrial concern and its officers in a suit brought by the President and controlling shareholder of its U.S. affiliate; the case was settled favorably, allowing our client to regain control of the affiliate
  • Responsible for RICO issues on behalf of an international energy and chemical concern in defense of $75 million RICO claim relating to the client's production and marketing of a chemical resin

Construction

  • Enforced a multi-million dollar ICC international arbitration award in Texas Federal Court arising out of a construction dispute on behalf of a Peruvian power company
  • Represented an extremely large industrial pressure vessel fabricator in a construction related arbitration against an international construction firm pending before the LCIA; the client obtained a multi-million settlement and dismissal of the construction firm's counterclaims
  • Represented an offshore drilling company in a dispute with a Gulf Coast shipyard regarding the construction of an enormous semi-submersible drilling rig; the shipyard ultimately abandoned its multi-million dollar claim prior to instituting arbitration

Maritime

  • On Brief in a maritime case decided by the United States Supreme Court. The Court unanimously held that the doctrine of superseding cause exists in admiralty and was consistent with the Court's earlier adoption of comparative fault principles
  • Won summary judgment on behalf of a publicly traded energy services client in Brazoria County, Texas, in an offshore maritime personal injury action, and maintained the judgment on appeal

Pro Bono

  • Successfully represented clients in cases under the Hague Convention of Civil Aspects on International Child Abduction to secure return of abducted children
  • Successful trial of a case involving discriminatory remarks directed at the female client by a business owner
PROFESSIONAL ACTIVITIES AND MEMBERSHIPS
  • Adjunct Professor, University of Houston Law Center (Spring 2008: International Law of Foreign Investment)
  • American Bar Association
    • Co-Chair, International Arbitration Committee 
    • ABA Observer, United Nations Commission on International Trade Law Working Group II (Arbitration and Conciliation) 50th Session New York 2009
  • ICC's Young Arbitrator Forum
    • Steering Committee
  • State Bar of Texas
    • Past Chairman, District 4E Grievance Committee
  • Law Society of England and Wales
  • Chartered Institute of Arbitrators (MCIArb)
  • London Court of International Arbitration (LCIA)
  • Swiss Arbitration Association
  • Institute of Transnational Arbitration, Advisory Board 
  • Houston International Arbitration Club, Founding Member 
  • Association of International Petroleum Negotiators
  • Houston Maritime Arbitrators Association Register of Arbitrators 
  • International Bar Association
  • Houston Bar Association
  • Diploma, Trial Advocacy Skills, National Institute of Trial Advocacy
  • Contributing Editor, Michigan Journal of International Law (1992-1993)
  • Assistant to Herbert Helmrich, Member of the German Bundestag and Chairman of the Legal Committee (1990)
  • Assistant Liaison to the Canadian Delegation, 1990 G-7 Summit of Industrialized Nations
PROFESSIONAL HONORS
  • The International Who's Who of Commercial Arbitration (2010)
  • Chambers USA, America's Leading Lawyers for Business - International Arbitration, Nationwide Listing (2007 - 2009)
  • Legal Media Group's 2009 Best of the Best USA (one of 28 leaders in the U.S. in commercial arbitration)
  • PLC Which Lawyer? Yearbook, 14th Edition, Recommended for Dispute Resolution (2009)
  • "Partner to Know," Global Arbitration Review's GAR 100 (2009)
  • "The Law and Leading Lawyers Worldwide,"  Recommended, PLC Dispute Resolution Handbook 2008/2009
  • Guide to the World's Leading Experts in Commercial Arbitration (2008, 2009)
  • The Best Lawyers in America (annually from 2006 - 2010)
  • Super Lawyers Corporate Counsel Edition (2009)
  • Texas Super Lawyers (2008, 2009)
  • Texas Rising Stars (annually from 2004 - 2007)
  • Global Arbitration Review, 45 Leaders in International Arbitration Under 45, Runner Up (2006) 
  • Vinson & Elkins Pro Bono Award (2003)
  • Award of Merit, National Center for Missing and Exploited Children
  • American Bar Foundation, Life Fellow
  • Texas Bar Foundation, Life Fellow
  • Houston Bar Foundation, Life Fellow
  • AV Peer Review Rated, Martindale-Hubbell
PUBLICATIONS
  • Conference Report, "Netherlands: Weighing the facts - the problems of information exchange and presentation of evidence in international arbitration" Global Arbitration Review Vol. 4 No. 4, September 2009
  • Co-Author, "International Legal Developments in Review: 2006 - International Arbitration," 41 The International Lawyer 251, Summer 2007
  • Co-Author, "U.S. Fifth Circuit Issues Significant Decision on Arbitrator Disclosure," The Institute of Transnational Arbitration News & Notes, Vol. 21 No. 2, Spring 2007
  • Co-Author, "United States," Arbitration Q&A article, PLC Cross-border Dispute Resolution Handbook, Volume 2, 2007/2008
  • Co-Author, "High-Stakes National and International Litigation: Management Issues," Journal of Petroleum Technology, June 2005
  • Articles on Litigation and Arbitration in the United States, Global Counsel Handbook on Dispute Resolution, Practical Law Company, 2003 and 2004 - 2005
  • Executive Editor, The International Arbitration News, the publication of the International Commercial Dispute Resolution Committee of the American Bar Association's Section of International Law (2000 - 2004)
  • Co-Author, "The American Arbitration Association and the International Centre for Dispute Resolution," Arbitration World, J. William Rowley QC ed., 2004
  • Co-Author, "Enforcing an International Deal: The Ins and Outs of Arbitration," Houston Business Journal, May 16 - 22, 2003
SPEECHES
  • "Tailoring Arbitration Procedure: The Preliminary Hearing," State Bar of Texas International Law Section 22nd Annual Institute, March 2010
  • "Advocacy in Arbitration," North American Branch of the Chartered institute of Arbitrators and South Texas College of Law, February 2010
  • Panelist, "The Present and Future of Electronic Disclosure in International Arbitration," Permanent Court of Arbitration, Houston International Arbitration Club and University of Texas Conference on Information Exchange and Presentation of Evidence in Arbitration, The Hague, May 2009
  • Introduction of Judge Thomas Buergenthal, International Court of Justice, Fulbright & Jaworski client program, May 2009
  • Instructor, Houston Maritime Arbitrators Association Arbitrator Training Course, March 2009
  • Panelist, "Hot Issues in Attorney-Client Privilege: Investigations and International Issues," Fulbright & Jaworski L.L.P., Houston, Texas, October 2008
  • Organized USCIB Young Arbitrator Forum Seminar and moderated panel, "Advocacy in International Arbitration," Houston, Texas, June 2008
  • "Enforcing Arbitral Awards Against Foreign Sovereigns," Conference on Remedies in Commercial, Investment and Energy Arbitrations, hosted by the Permanent Court of Arbitration, The Houston International Arbitration Club and the University of Texas School of Law, Houston, Texas, April 2008
  • "What's New in International Arbitration and Litigation - Plus 50 Years of the New York Convention," ABA Section of International Law, New York, New York, April 2008
  • "Enforcing Arbitral Awards Against Foreign Sovereign Entities," New York, New York, January 2008
  • Instructor, Houston Maritime Arbitrators Association Arbitrator Training Course, November 2007
  • Speaker, "How to Handle Oil and Gas Industry Cases," Fourth Annual Seminar on International Arbitration, American University Washington College of Law, Washington D.C., October 2007
  • Co-wrote and appeared in the Institute for Transnational Arbitration's 2007 conference on Complex Energy Disputes, Dallas, Texas
  • "A Critical Comparison of Arbitration Under UNCITRAL, ICC, LCIA, ICDR and ICSID Rules," New York, New York, June 2007
  • "It Matters Where You Arbitrate," Minneapolis, Minnesota, April 2007
  • "The Practice of International Law," University of Houston Law Center, Houston, Texas. October 2006
  • "Developments in U.S. Arbitration Law," London, March 2006; Houston, Texas, April 2006 
  • "What Transactional Lawyers Need to Know About Arbitration Clauses," March 2004
  • "Arbitration and Forum Selection Agreements," January 2004; February 2003
  • "Alternative Dispute Resolution: The Jury is Out," January 2003
  • Introduction of the Honorable Thomas Buergenthal, Judge of the International Court of Justice - Houston International Arbitration Club, October 2002
  • "Arbitration Institutions and Rules: The Secret Meaning of the Arbitration Alphabet Soup," July 2002
  • "The FAQs about Agreements to Arbitrate," June 2002
  • Panel Moderator, International Litigation Symposium honoring Professor Russell Weintraub, The University of Texas Law School and the Texas International Law Journal, February 2002
  • "Legal Ethics and the Holocaust," Holocaust Museum, Houston, September 2000
  • "International Arbitration: Clauses and Their Consequences," March 2000
  • "International Dispute Resolution," Project Finance: The Tutorial, Infocast, New York, November 1999
  • "Considerations in Drafting Arbitration Clauses," August 1999
  • "Claims Resolution Tribunal for Dormant Accounts in Switzerland," Southwest Regional Anti-Defamation League, August 1999 
EDUCATIONAL BACKGROUND

1993 - J.D., cum laude, University of Michigan Law School
1989-1990 - Rheinische Friedrich-Wilhelms-Universität, Bonn, Germany
1989 - B.A., magna cum laude, University of Houston Honors College

Kevin is admitted in Texas, New York and England and Wales (solicitor), and the following U.S Courts: the U.S. Supreme Court, the U.S. Courts of Appeals for the Third and Fifth Circuits, and the U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas.

CIVIC INVOLVEMENT
  • Christus Foundation for Healthcare, Board of Directors and Executive Committee
  • Houston Grand Opera, Board of Trustees and Corporate Council
  • Human Rights Watch, Houston Committee
  • Dispute Resolution Center of Harris County, Board of Directors (2003 - 2005)
LANGUAGE CAPABILITIES
  • German - Proficient






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