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Peter Vogel
Peter Vogel

Senior Mediator

Senior MediatorThis mediator has at least 100 hours of mediation training, 500 hours of mediation experience, agrees to take part in at least 12 hours per year of continuing mediation education, and subscribes to Mediate.com's required standards of mediation practice.Featured Member

Peter Vogel

As a lawyer for more than 30 years, Peter combines his technical and business background with his legal expertise to help companies with IT (Information Technology), Blockchain, cryptocurrencies, cyber intrusion, Internet litigation, dispute resolution, M&A, Artificial Intelligence (AI) and contract negotiation. Peter has been involved with the IT industry, Intellectual Property (IP), Internet, and electronic data for his entire career. Prior to practicing law he worked as a computer programmer, systems analyst, and management consultant for companies acquiring IT and related services, and received a Master’s in Computer Science.

Peter has clients in healthcare, banking, Blockchain, cryptocurrencies, international manufacturing, state & local government, utilities, and eCommerce who often seek his advice about practical business issues relating to IT, IP, and the Internet, which often include cyber intrusions, SOC and ISO audits, colo sites, cloud solutions, XaaS, ERP implementation projects, AI, website business management, outsourcing, software patents, copyrights, and trade secret protection. Because he is a seasoned IT professional with an accounting and marketing background, Peter also often advises clients about financial, marketing issues, and due diligence in M&A regarding IT, IP, cyber, and the Internet. His experience as an Adjunct Professor in the Law of eCommerce keeps him current on the fast moving evolution of the cyber intrusions and the Internet. He is often quoted in the media about Internet issues and crises. Peter’s blog on the Internet, IT & eDiscovery is widely recognized for timely topics and thought-provoking ideas: www.vogelitlaw.com/blog

Peter guides clients through the legal, technology and business mazes of Blockchain, cryptocurrencies, electronic evidence, cyber security & insurance, IP, contracts, government regulation, and litigation. He assists many clients with ESI (Electronically Stored Information) issues and related creation, development and implementation of records retention policies.

Because of his unique background and knowledge, Peter is often a Court-Appointed Neutral to assist Courts throughout the US with eDiscovery & ESI, Internet, eCommerce, Intellectual Property, and IT matters. Peter is a Co-Founder of the American College of e-Neutrals and a Board Member & Fellow of the Academy of Court Appointed Neutrals. He also serves as a court ordered Mediator in eDiscovery & ESI, Internet, eCommerce, intellectual property, and IT litigation. For more than 30 years Peter has served as an Arbitrator & Mediator for the American Arbitration Association for technology disputes, and serves on the Board of Directors and is a Tech List Member of the Silicon Valley Arbitration & Mediation Center. In 2022 Peter became a Fellow of the Society for Information Systems-Dallas/Fort Worth Chapter, in 2023 Peter became General Counsel for the North Texas Information Systems Security Association, and in 2023 Peter was one of 7 lawyers appointed to the State Bar of Texas Work Group on AI.

Peter has also devoted a substantial amount of time and energy serving government agencies and non-profit organizations by addressing their computer, Social Media, and Internet issues.  The TEXAS SPEAKER OF THE HOUSE appointed Peter to be one of 10 public members of the Texas Work Group on Blockchain, and Peter served a Co-Chair of a DAOs & Digital Identity Sub-Work Group.  Peter served as Founding Chair for 12 years of the TEXAS SUPREME COURT Judicial Committee on Information Technology (JCIT) whose mission is to put Internet on the desktops of all 3,200 judges in Texas and implement state eFiling (txcourts.gov/jcit).

In 1994 Peter was President of the DALLAS BAR ASSOCIATION and also served on the Board of Directors of the STATE BAR OF TEXAS, where he served as Founding Chair of the Computer & Technology Section. Peter has taught courses on eDiscovery and the Law of eCommerce as an Adjunct Professor at the SMU DEDMAN LAW SCHOOL.

The STATE BAR OF TEXAS gave Peter the Pat Nester Innovation in Professional Development in 2020, the Gene Cavin Award for Excellence in Continuing Legal Education in 2013, and a Lifetime Achievement Award for Promoting Technology in the Law in 2004. In addition, Peter is regularly recognized as one of America’s Leading Business Lawyers in CHAMBERS, a Best Lawyer in America, a Texas Super Lawyer, and a Top Lawyer in Dallas.

ADR Experience

Arbitration including Mass Arbitration Claims regarding Information Technology (IT) and eCommerce, including ERP implementation, Cybersecurity disputes, XaaS, Cloud contracts, software development projects, infringement of Intellectual Property, Blockchain (Crypto and NFTs) and eCommerce Terms of Service, Click Agreements, and Privacy Policies.
CYBER SECURITY AND PRIVACY. Assist international clients when cyber
breaches occur and help CIO and CISO with PCI DSS compliance, IT
infrastructure, penetration testing, firewall security, and related reporting notice about Personal Identifiable Information (PII) and PCI to the credit cards, and government in the US and around the world. Created online ToS (Terms of Service), Click Agreement, and Privacy Policy for international DR (Disaster Recovery) cloud business.

ECOMMERCE/INTERNET BUSINESS. Negotiated software development contracts and defended online educational business in patent infringement cases including serving as lead counsel in Markman Hearings, and arbitration for failed software development project. Defended international education business regarding K-12 software litigation, and copyright infringement claims. Defended international software client regarding alleged failed website front-end and backend systems. Pursued TROs and injunctive relief for online software distribution business. Adword litigation regarding Google, Bing, and Yahoo! John Doe litigation in alleged cybersmear libel cases, and pursued arbitration for failed SEO (Search Engine Optimization) contract.

UTILITIES. Represented electric utility in failed software project for customer management in federal court, assisted electronic utility in establishing a DR colo (Co-Location) and also ADA website compliance. Responsible to negotiate dark fiber contracts electric utility. Served as an arbitrator for telecommunications contract with a 911 service for a major metropolitan community.

GOVERNMENT. Represented state, county, and city governments to negotiate ERP contracts with Oracle, SAP, Sungard, CGI, and Tyler Technologies, and also pursued litigation for failed ERP implementations.

INTERNATIONAL PRODUCT MANUFACTURING. Served in the role as
general counsel to a world-wide manufacturer of electronics and was responsible for negotiating manufacturing and distributing agreement in many countries, as well as responsibility for all litigation with customers and distributors. Negotiated a world-wide B2B website project for eyewear and contact lens sales. Represented world-wide business operation to negotiate the implementation of SAP ERP including cloud hosting services. Sole arbitrator and member of panels for disputes regarding IT disputes for failed software development projects, including failure for Oracle ERP implementation team of have properly staffed project properly.

HEALTHCARE. For more than 30 years represented a regional hospital system with more than 20 hospitals managing IT contract negotiations (including Epic) and litigation on failed IT systems, and all Intellectual Property including trademarks, copyrights, patents, and trade secrets. Assisted medical practice of more than 80 doctors with IT contracts regarding HIPAA compliance, Business Associate Agreements (BAA), and related protections for Personal Health Information (PHI). Served as general counsel to healthcare software vendor and negotiated license agreements around the world with governments, hospitals (including Mayo Clinic), insurance companies (including Blue Cross and Aetna), and software companies (including IBM, Microsoft, Oracle, Epic, and GE). Served
on an arbitration panel for a failed IT outsourcing contract to manage large national healthcare provider with a large number of hospitals and another panel about a dispute about a failed IT system to properly manage patient information for a regional hospital.

Approach

Given my background in IT and IP in Mediations I understand complex technology disputes and can speak to the technology business individuals in their language. Also as a trial lawyer I understand the option to be in court and the risks of juries and judges who do not understand complex technology.

Education

University of Texas in Austin (BBA); American University (MS, Computer Science); St. Mary’s University (JD).

Areas Of Practice

  • Commercial
  • Copyright
  • Intellectual Property
  • Online Mediation
  • Patent
  • Technology

Additional Services

  • Advanced Mediation Trainer
  • Arbitrator
  • Mediating Lawyer
  • Mediator-Arbitrator
  • Online Arbitrator

Mediations

500

Fees and Provisos

Daily rates $3,000 per party per day of for Mediation and $475 hourly rates for Arbitration.

Liability Insurance

  • Yes

ADR Training

  • AAA training as a Mediator and Arbita

Awards

  • STATE BAR OF TEXAS gave Peter the Pat Nester Innovation in Professional Development in 2020
  • Gene Cavin Award for Excellence in Continuing Legal Education in 2013
  • Lifetime Achievement Award for Promoting Technology in the Law in 2004

Professional Associations

  • Licensed by the State Bar of Texas

References

  • John DeGroote
  • John B. Shipp
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