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The Art of Law

Every endeavor
has its own art, whether it’s hitting
a baseball, writing
a symphony,
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legal arena there’s an art to envisioning solutions where others see problems. It has
to do with understanding how to resolve matters in a way that benefits each client. It has to do with the art of helping clients contain problems and expand opportunities.

Carrington ColemanLobby

John S. Torkelson
Of Counsel

Business Litigation, Construction,
Intellectual Property

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Phone: 214-855-3042
Direct Fax: 214-758-3741
Email: jtorkelson@ccsb.com
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Mr. Torkelson’s primary practice consists of business litigation matters and commercial transactions, with an emphasis in the areas of construction and intellectual property.  He is a former practicing professional (civil/structural) engineer and is a registered patent attorney.  He has handled a wide variety of commercial transactions and litigation matters involving construction disputes, intellectual property issues, engineering malpractice claims, misappropriation of trade secrets, fidelity and surety bond claims, insurance coverage issues, federal acquisition regulations, product liability claims, financial institution failures and director and officer liability disputes.

Mr. Torkelson’s construction and engineering experience includes representation of Fortune 500 Company owners, building contractors, design professionals, major national sureties and insurance carriers involving the design and construction of commercial office buildings, manufacturing facilities, power plants, water supply projects, wastewater treatment plants, airports, roads, bridges, levees, hospitals, resorts, military  facilities and correctional institutions.

Mr. Torkelson has substantial experience in arbitration and mediation and is a member of the American Arbitration Association’s Panel of Construction Neutrals.

Before embarking on a legal career, Mr. Torkelson worked as a project engineer for the construction of roads and bridges and as a structural engineer designing bridges and buildings.

Representative Matters

Lead counsel for owners and contractors in numerous cases involving disputes arising out of construction defects, design defects, owner interference, delay, acceleration, differing site conditions, change order disputes, equitable adjustments, mechanics liens, bond claims, jobsite injuries and indemnification issues.

Lead counsel for purchaser of corporate assets in litigation involving misappropriation of trade secret claims.

Trial counsel for major airline company involving $80 million airport expansion project.

Lead counsel for general contractor seeking equitable adjustment for construction of major medical center.

Represented sureties in claims involving alleged contract default, takeover agreements and subrogation claims.

Represented parties litigating claims of director and officer malfeasance and attorney malpractice arising out of failure of financial institutions.

Trial counsel in “bet-the-company” patent infringement litigation, successfully tried to jury verdict.  Lead counsel in trademark and copyright infringement litigation.

Education

University of Minnesota
J.D., cum laude, 1981

North Dakota State University
B.S.C.E., 1972
Tau Beta Pi

Registered Professional Engineer
Virginia, 1976
Minnesota, 1981

Admittances

All Texas Courts

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Federal Claims

U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas

Licensed Patent Attorney before United States Patent and Trademark Office

Associations/Affiliations

State Bar of Texas, Construction Law Section, Intellectual Property Law Section.

Dallas Bar Association, Construction Law Section, Intellectual Property Law Section.

American Bar Association, ABA Forum on the Construction Industry, ABA Section of Intellectual Property Law, ABA Section of Litigation.

American Intellectual Property Law Association.

Speeches/Publications

Speaker, Forum Selection and Local Rules, University of Texas 13th Annual Advanced Patent Law Institute, Austin, Texas, October 2008.

Speaker, Ethics for Professional Engineers, Half Moon CLE presentation for Texas mandatory education credits for Professional Engineers, 2006.

Speaker, Bonds and Liens on Construction Work in Texas, Associated General Contractors, Dallas Chapter - Leadership Conference, 2000.

Author, The Current Status of the Manifest Intent Requirement of Financial Institution Bonds, June 1997, Surety Claims Institute Conference.

Author, Selected Chapters on Texas construction law of 1996 edition of "What Do You Do When . . .” published by National Business Institute.

Intellectual Property and Competing Ownership Claims, Texas Lawyer, September 18, 2000.  Article was reprinted in December issues of Start-up and Emerging Companies Strategist by American Lawyer Media.

Author, Calculating Reasonable Royalty Damages for Infringement of Early-stage Technology Patents, The Sedona Conference Journal, Fall 2003.

Panelist, Nov. 7, 2002 Sedona Conference on Pre-filing Investigation of Process Patents.

Lecturer on Patent Law at Southern Methodist University 2001-2005.