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Gary Ewell

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Ewell, Gary

Biography
Gary has represented clients in complex litigation for thirty years. Gary’s experience spans a wide array of practice areas, including antitrust, financial fraud, insurance, professional negligence, and others. In recent years, Gary’s practice has focused on the full range of securities-related litigation, representing issuers, underwriters, and investors in court and before the SEC in disputes over corporate control and governance, shareholder class actions, derivative actions, and suits involving collateralized and derivative financial products. Most recently, Gary has represented companies and individuals involved in allegations of misdated stock options, in derivative suits, SEC enforcement proceedings, and corporate remediation.


Representative Experience
Recent Experience
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  • Lead attorney representing institutions that invested $1.2 billion in “internet incubator,” in suit for involuntary dissolution and in SEC proceeding to revoke 1940 Act exemption. Following a successful interlocutory appeal over issues of first impression under California dissolution statute, case settled with clients obtaining significant exit event on otherwise illiquid holdings
  • Obtaining federal trial verdict declaring the unconstitutionality of the Texas Alcohol Beverage Code, on grounds of undue burden on interstate commerce
  • Representing underwriters in defeating class certification in shareholder class actions under Section 11 of Securities Act
Securities and Corporate Governance Experience
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  • Represented the dissident shareholders of a software company in an action to halt the pending acquisition of the company by a major internet/telecommunications corporation
  • Defended a corporate general counsel in securities class actions arising from alleged misrepresentation of telecommunication licenses from FCC
  • Represented the plaintiff shareholder class in a successful suit against several banks, investment advisors and underwriters for fraud in a going-private transaction affecting the San Francisco waste-hauling franchisee
Technology-Related Litigation Experience
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  • Represented one of the largest manufacturers/duplicators of commercial video tapes against its larger competitor for interference, commercial bribery, and unfair competition
  • Represented the purchaser of video “commercial-skipping” technology whose capabilities and development were misrepresented by the seller
  • Defended against infringement claims as to software designed for pharmaceutical drug test modeling and reporting
Other Representative Experience
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  • Represented a large accounting firm in a lawsuit over software that was promised to be capable of complex financial and tax accounting for hedge funds
  • Defended the owners of a high-rise story office tower in San Francisco in a claim that the premises caused injury because of “sick building syndrome”
  • Represented a major defense manufacturer in a lawsuit against the County of Los Angeles over the taxable value of equipment in a missile defense plant and facility
Prior results do not guarantee a similar outcome.

Education and Professional Background
  • The University of Texas School of Law, J.D., 1978 (Editor-in-chief, Texas Law Review, 1977 - 1978)
  • Brown University, A.B. Economics and Philosophy, 1975
  • Admitted to Practice: Texas, 1978; Washington, D.C., 1980; California, 1982
Professional Recognition
  • The Best Lawyers in America® in commercial litigation, 2011
  • "Texas Super Lawyer" in business litigation, Texas Monthly, 2007, 2008
Activities and Affiliations
  • Member: San Francisco Bar Association (Board of Directors, Ex-Officio, 1985 - 1986); Barristers Club of San Francisco (Vice President, Secretary, Treasurer, 1985 - 1986); National Urban League, Board of Trustees, 1981 - 1987; Emergency Relief Fund International, Board of Directors, 1983 - 1990


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Gary Ewell
Partner
2801 Via Fortuna
Suite 100
Austin, TX 78746-7568

Tel  +1.512.542.8526
Fax  +1.512.236.3243
gewell@velaw.com

Industries/Practices
Antitrust

Class Actions and Multi-District Litigation

Commercial and Business Litigation

Director and Officer Liability

Financial Institutions Litigation

Legal Malpractice

Securities Litigation and Enforcement