Zeke DeRose III

Counsel
zderose@ebbklaw.com
+1 512.770.4099 (direct)
+1 512.940.6574 (mobile)
+1 877.851.6384 (fax)

111 Congress Avenue
Suite 2800
Austin, TX 78701
USA

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Practice Areas

Commercial Litigation

Intellectual Property Litigation

Securities Litigation

Education and
Professional Background

The University of Texas
J.D. (with honors) 2007

University of California at Los Angeles
B.A. (Political Science) 2000

Judicial clerk to the Honorable Royal Furgeson, U.S. District Court for the Western District of Texas, San Antonio, Texas, 2007-2008

Admissions

Texas

Northern District of Texas

Eastern District of Texas

Western District of Texas

Southern District of Texas

U.S. Fifth Circuit Court of Appeals

Mr. DeRose’s practice focuses on complex litigation. He represents plaintiffs and defendants in a range of disputes, including intellectual property, federal securities, and other business and commercial litigation. Mr. DeRose represents both large and small clients and currently represents parties in the ArthroCare Corporation Securities Litigation, parties under SEC investigation, and in matters before the Texas Attorney General.

His experience includes motion to dismiss and summary judgment briefing and hearings, managing large discovery cases, and formation of trial strategy. Mr. DeRose has significant experience with electronic discovery and federal privilege law.

Mr. DeRose began his legal career as a law clerk to the Honorable Royal Furgeson of the Western District of Texas, San Antonio Division. After clerking for the Great American, he joined Vinson & Elkins’s Austin office as an associate in the complex commercial litigation section and worked closely with the Intellectual Property Section and with every U.S. office of Vinson & Elkins. While at Vinson & Elkins, Mr. DeRose also instituted and coordinated a pro bono program with the Texas Civil Rights Project, which resulted in thousands of hours of pro bono work and multiple awards for the firm and attorneys.

Mr. DeRose holds a J.D. from The University of Texas School of Law, and a B.A. in Political Science from the University of California at Los Angeles. Before attending law school, Mr. DeRose was a classroom teacher in Los Angeles and drove racecars. Mr. DeRose is on the Board of Counselors of the Texas Civil Rights Project and the Vice President of the Austin Chapter of the Federal Bar Association.

Recent Representative Experience*

Litigation

  • Served as counsel for a medical device company former executive in series of investigations and proceedings over alleged inflating of revenues, including a consolidated class action in which the securities control person claims against him were dismissed, In re Arthrocare Securities Litigation, 726 F. Supp. 2d 696, 729-31 (W.D. Tex. 2010), an SEC enforcement action that settled immediately on favorable terms, SEC v. Raffle, No. 1:11-CV-540 (W.D. Tex. July 11, 2011), and a DOJ criminal prosecution concluded by plea agreement, U.S. v. Raffle, No. 1:12-CR-314-SS (W.D. Tex. May 9, 2013).
  • Assisting with the representation of a corporate officer in lawsuits and investigations involving alleged revenue recognition and health care fraud in sales of medical devices.
  • Assisted with the representation of an investment bank in lawsuit over remarketing of variable rate bonds.
  • Assisted with the representation of a major energy power group in connection with contract dispute related to interest provision.
  • Assisting with the representation of a major energy power group in connection with declaratory judgment brought under the Federal Clean Air Act.
  • Assisting with the representation of a major defense and security company in connection with employee tort claims.

IP Litigation

  • Assisted with the representation of a university in patent infringement suit against Internet search engine company.
  • Assisted with the representation of a global biotechnology tools company in a $100 million arbitration involving a shareholder dispute over earn-out provisions in a merger agreement.
  • Assisted with the representation of a major media company against patent infringement claims relating to in-store advertising technologies.
  • Assisted with the representation of a patent holder in patent infringement suit against TV company.

Pro Bono

  • Filed pro bono amicus curiae brief with the 5th Circuit Court of Appeals in First Amendment case involving abuse in prisons.
  • Assisted with the representation of a United States Army veteran and Purple Heart recipient in child-custody dispute and obtained settlement of past due child support.
  • Assisted with successful Title IX dispute on behalf of single mother nursing student and a major university.
  • Organize and coordinate pro bono efforts and summer associate program in connection with the Texas Civil Rights Project and Anti-Defamation League.

Includes matters prior to joining EBB. Prior results do not guarantee a similar outcome.

Professional Recogniton

  • Recipient of the “Pro Bono Champion Award” by the Texas Civil Rights Project, 20th Anniversary Bill of Rights Dinner, October 1, 2010

Activities and Affiliations

  • Vice President: Federal Bar Association, Austin Chapter
  • Member: The Lloyd Lochridge American Inn of Court (2011-2013)
  • Member: Unauthorized Practice of Law, Subcommittee 8
  • Member: American Bar Association; Austin Bar Association; Austin Young Lawyers Association

Publications and Presentations

  • "Is Arbitration Actually Desirable?" Bloomberg Law Reports, Vol.3, No. 21, May 26, 2009 (co-author with David Woodcock)