Odean Volker is a Co-Chair of the Litigation Department of Haynes and Boone, LLP. He brings broad range of experience to bear for our clients. His practice includes securities and complex litigation, as well as domestic and international commercial arbitration. Mr. Volker has extensive experience in conducting internal investigations and addressing governance issues for public and private companies.
Mr. Volker is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory, was recognized as a Best Lawyer in America in Arbitration, 2015, and was named a Texas Super Lawyer, 2012-2014.
Mr. Volker has represented issuers, underwriters and secondary actors in securities class action disputes, and has advised companies and directors in derivative litigation. Mr. Volker’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 directors of a public company in a Caremark claim arising from oilfield and safety compliance issues.
- 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 chemical manufacturer in shareholder derivative litigation arising out a proposed merger.
- Defense of private equity firm in multiple derivative actions arising out of a proposed purchase of a logistics provider.
- Prosecution of claim by debtor against the indenture trustee and certain beneficial holders of publicly traded debt.
- Defense of insurance holding company in derivative litigation arising out of alleged improper pricing of stock options.
- Defense of hospitality company in derivative litigation arising out of alleged improper pricing of stock options.
- Defense of financial institution from claims that it wrongfully purchased and retained certain securitized mortgages.
- 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.
- Representation of Special Litigation Committee of a chemical manufacturer in review of shareholder derivative claims.
Mr. Volker represents clients in domestic and international commercial arbitration matters. He has advised clients with regard to disputes administered by the American Arbitration Association (AAA), International Center for Dispute Resolution (ICDR), International Chamber of Commerce (ICC) and China International Economic Trade and Arbitration Association (CIETAC). Mr. Volker is a member of the Houston International Arbitration Club. Mr. Volker’s arbitration experience includes the following representations:
- Representation of an oilfield equipment manufacturer involving claims that the manufacturer had breached alleged agency agreements with U.S. and Middle Eastern companies. Issues resolved by final arbitral hearing.
- Defense of an oilfield service company against claims brought by a business associate related to business in Central Asia.
- Defense of oilfield service company against claims brought by a Chinese business partner.
- 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. Issues resolved by final arbitral hearing.
- Advise exploration and production company with regard in dispute with West African government. 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 seller in arbitration arising from the sale of business assets.
Mr. Volker has represented public and private companies, in the U.S. and abroad, as well as governmental organizations in internal investigations or reviews of various issues. Mr. Volker’s investigation and review experience includes:
- Internal investigation of a Texas independent school district.
- Representation of an officer of an oilfield service company with respect to investigation related to alleged violations of export control regulations and the Foreign corrupt Practices Act ("FCPA").
- Internal investigation of public oilfield equipment manufacturer arising out of alleged violations of export control regulations and the FCPA.
- Representation of business consultant with regard to alleged violation of corruption and bribery laws.
- Internal investigation of petrochemical company arising out of alleged employee misconduct.
- Internal investigation of international oilfield services and construction company arising out of concerns about management and cash flow issues.
- Counsel offshore drilling company with regard to FCPA and compliance investigation.
- Internal investigation of chemical company arising out of alleged misuse of company information.
- Representation of major oil company in responding to the governmental review of a merger transaction.
Mr. Volker's commercial litigation engagements include:
- 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.
- Defense of broker/dealer from claims of improper receipt of funds.
- Prosecution of law firm's claim for fees and defense of professional negligence claim.
- Prosecution of financial institutions claim for recovery of certain proceeds from the demutualization of an insurance company.
- 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.
- Defense of limited liability company member in dispute among members.
Professional and Community Activities
- American Bar Association
- Houston Bar Association
- State Bar of Texas