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and sellers of IT and Internet services. When I started in 1978, few people knew what the heck I was doing!”
Special Master
From newspapers to just about every other kind of media, everything now is electronic. “What happens now is that all evidence in every case is electronic. The rules of procedure and rules of evidence have had to conform to the fact that everything is not paper anymore,” explained the attorney. “But from my perspective, electronic evidence is not a new topic; it’s a very old topic since every case I’ve ever had back to 1978 has had electronic evidence.”
“For the past 20 years, I’ve been appointed to be a special master in state and federal courts to help judges deal with complex IT and e-discovery disputes. Often times, the dispute has to do with software ownership, system implementations, Internet and electronic evidence. Not many lawyers have that opportunity because they don’t have the IT training I do. That’s what is unique,” said Vogel. Vogel has taught law courses on IT, software licensing, the Internet and e-discovery at SMU law school for more than 25 years. Also he offers lectures around the United States more than 30 times each year on these topics.
On the Case
As one might imagine, Vogel works on some very challenging cases. A few years ago, he was a special master in a case in which the plaintiff accused the defendant of violating the copyright of licensed software. “Therewere13millionlinesof software code in dispute,” he said. “There was a computer science professor from Harvard on one side and computer science professor from Texas A&M on the other side. They couldn’t agree on the time of day, let alone anything else. I helped
the judge as a special master to understand the evidence and there were 43 motions for summary judgments in that case presented to the judge. It was my jobtoassistthejudgetobetter understandthetechnology.”
Teacher and Mentor
Since 2000, Vogel has taught classes at the SMU on the law of e-commerce.
He loves to serve as a mentor to those students interested in pursuing a career in law. “I certainly try to help my students. But on a day-to- day basis, I have friends and children of friends who I give advice to in studying law and in IT,” Vogel said. A good friend of Vogel’s is a professor at TCU in Fort Worth and she said one of the best students she ever had has a background in IT and plans to enter law school this fall. Vogel has been working with the student giving him advice and industry insight.
Vogel is also the co-founder of the College of e-Neutrals. “A friend of mine from Birmingham, Alabama, Allison Skinner came up with an idea about mediating e-discovery disputes,” Vogel said, “She and I created this college three years ago to help train lawyers, special masters and arbitrators around the country about how to mediate electronic discovery disputes and also to assist them in working as special masters.” Vogel and Skinner have given training courses around the country – it has been well-received by both lawyers and judges.
Sharing Expertise
Vogel has been excited to share his wealth of knowledge on the subject of IT, the Internet, and e-discovery, through a variety of mediums, including his blog. “It gives me a platform to talk about cases and technology,” he noted.
The attorney’s unique insight and perspective has been in high demand throughout the country and in other countries,
Ken Hatley Photography
Ken Hatley Photography