Deke Owen
Shareholder

Email: dowen@macdonalddevin.com

Direct Phone: 214.651.3307

Direct Fax: 214.747.0942

Areas of Practice

Overview

Litigation may be an adversarial process, but Deke Owen takes a collaborative approach when advancing his clients’ interests in disputed matters. Deke works closely with each client to get a complete understanding of their business and industry as well as their concerns and objectives in the case at hand. Day-to-day diligence, continuous client communication, and thorough preparation are all cornerstones of Deke’s practice.

Deke’s practice is devoted primarily to construction law, including the defense of architects and engineers in multi-party construction litigation. He also provides robust defense counsel for contractors and subcontractors in construction defect claims on public and private projects. His professional success in construction law matters has led to his inclusion on the Texas Rising Stars list for multiple consecutive years, and Deke also shares his insights by writing frequently on construction law issues.

Deke is Board Certified in construction law from the Texas Board of Legal Specialization.

In addition to his construction law work, Deke represents attorneys in professional liability litigation, including closing attorneys and litigation attorneys.

Deke offers arbitration and mediation services in these areas as well.

A graduate of Trinity University, Deke earned his law degree from Tulane University, where he also earned a Sports Law Certificate. He is admitted to practice in all Texas state courts as well as the U.S. District Court of the Northern District of Texas.

Representative Experience

  • Defended a steel manufacturer and installer against claims totaling over $43 million regarding damages suffered at a hospital during a hurricane. We obtained a successful dismissal based on our summary judgment motion.
  • Obtained dismissal of a property owner and general contractor from a construction site injury where the Plaintiff alleged over $400,000 in damages based on our summary judgment motions. The case settled at mediation without any contribution from our clients.
  • Obtained early dismissal of claims against civil engineer related to the design of city roads, based on failure of Plaintiff to obtain the requisite Certificate of Merit.
  • Negotiated remediation to a police department for mold and water penetration on behalf of architect’s (client) alleged design error in designing the exterior envelope and limited claimant’s damages against the client to below cost of repair based on Plaintiff’s initial demand over $10 million.
  • Obtained early, voluntary dismissal of claims against a fire sprinkler subcontractor in a construction defect matter based on our summary judgment motion related to damages related to a water leak at a condominium.
  • Obtained early, voluntary dismissal of claims against a fire sprinkler subcontractor in a construction defect matter based on our summary judgment motion related to damages involving a water leak in an apartment building.
  • Negotiated remediation to an apartment complex for water penetration on behalf of general contractor’s alleged construction defects in constructing the balconies and limited claimant’s damages against the client to below cost of repair by obtaining indemnity and defense from the subcontractors.
  • Negotiated remediation to a bank headquarters for water penetration on behalf of exterior component manufacturer’s alleged manufacturing defects in producing the balcony railing and limited claimant’s damages against the client to below cost of repair.
  • Represented civil engineer over dispute related to the allegedly negligent design of an accessible city walkway that led to a citizen injuring herself. Negotiated settlement based on nuisance value.

Professional Affiliations

  • Dallas Bar Association
  • Texas Bar Association, Member, Construction Law Section

Honors and Recognitions

  • Selected to the Texas Rising Stars list, published by Texas Monthly Magazine, Construction Litigation, 2012, 2014–2017

Publications and Presentations

Rise of the machines: Texas Products Liability

April, 2019

Personal Injury Damages

April, 2019

Advancing your case through motion practice

April, 2019

Got the winter claims blues? Texas claims and slip and falls,

February, 2017

Sexual Assault Survivors Guide – Contributor

January, 2017

Builder’s Risk Insurance: Utilizing Builder’s Risk Policies to Help Settle Construction Defect Cases, June 2016

June, 2016

• Builder’s Risk Insurance: Utilizing Builder’s Risk Policies to Help Settle Construction Defect Cases, coauthored May, 2016 Eagles International Associates

May, 2016

Liens: Do I really need to pay this? Again? (Co-author with Paul W. Bennett)

April, 2016

Texas Supreme Court Update (Co-authored with Doug Fletcher)

January, 2016

Texas evidence flashcards (co-author)

January, 2016

Arbitration: Do You Really Want It?, HR Southwest Conference, November 2015

November, 2015

Proposed Regulations Clarify the Meaning of a Safe Drilling Margin in the OCS, Offshore Magazine

July, 2015

The Macondo Litigation in a Nutshell, LOGA Industry Report

June, 2015

BP Oil Spill Lessons Learned, Energy Executive

April, 2015

No Good Deed Goes Unpunished: Document Preservation Notice May Violate SOX, HCCA – Compliance Today, June 2015

March, 2015

Pregnant Pause: U.S. Supreme Court Reinstates Pregnancy Discrimination Suit Against UPS, March 31, 2015

March, 2015

Social Media in Claims and Litigation

January, 2015

Mandatory E-Filing Has Arrived (Again): Tips and Traps for the Unwary, Jefferson County Bar Journal, Summer 2014 Received Stars of Texas Bars Award for Best News Article

January, 2015

Overview of Construction Law and Risk Management for Subcontractors

January, 2014

The Michael Morton Act: What prosecutors and defense attorneys need to know

October, 2013

Served as Moderator for Appellate Law seminar, Jefferson County Bar Association

January, 2013

Construction/Real Property Defense and Damage Analysis

January, 2013

Presented Legislative Update: HB274 at annual NAIW conference

May, 2012

Federal Ban on Hand-Held Mobile Telephone Use: Implications for Commercial Motor Vehicles, co-authored May 30, 2012 issue of The Voice, The Defense Research Institute (DRI)

May, 2012

A Lawyer’s Guide to the Advertising and Solicitations Rules

January, 2012

Professional Liability—Design Professionals: Texas Certificate of Merit Analysis

January, 2012

Analysis of Venue Favorability and Practical Tips on Venue Selection and Options to Limit Liability in Unfavorable Venues, Co-Author

January, 2012

Featured speaker at Council on Litigation Management – Defense Strategies National Defense Counsel

March, 2011 New Orleans, Louisiana   

Internet Dating Websites: A Refuge for Internet Fraud, 12 FLA. COASTAL L. REV. 389

January, 2011

Co-author of the Texas Chapter of Construction Litigation Desk Reference, A Fifty State Compendium, published by DRI

February, 2010

Developments in Indemnity and Additional Insured Agreements, presented at Business and Insurance Litigation Update

October, 2009

Fifth Circuit Civil Appellate Update, 21 APP. ADVOC. 212

January, 2009

Featured panel speaker at Medmarc’s 24th Annual Medical Device Seminar – Application of Social Media When Defending and Cross-Examining Experts

June, 2008 Hot Springs, Virginia   

Toast to the Constitution, Dallas/Ft. Worth Metroplex Inn of Courts Joint Meeting

January, 2008

Who Owes Who What and When Do They Owe It? at DRI Annual Meeting/Construction Law Committee

October, 2007 Washington D.C.   

Featured panel speaker presenting a Bad Faith Litigation and Claims Handling seminar at Church Mutual Insurance Company

May, 2007

Featured Speaker at Defense Research Institute’s (DRI) Construction Law Seminar – When Personal Injury Becomes Personal Understanding the Role of OSHA in Personal Injury Cases

September, 2006 San Francisco, CA   

Named shareholder, David Macdonald, will be a featured speaker at DRI's Construction Law Seminar to be held September 7-8, 2006 in San Francisco.

The topic When Personal Injury Becomes Personal - Understanding the Role of OSHA in Personal Injury Cases will cover the implications of an OSHA violation in a personal injury lawsuit, including what can be done to protect clients when OSHA investigates an injury at a construction project.

Some of the issues addressed will also include whom OSHA considers the employer when there are multiple contractors on the project, determining when evidence of an OSHA violation is admissible in a personal injury lawsuit, and how to minimize the effects if evidence is admitted.

Guest Speaker at Insurance Women of San Antonio (IWSA)

July, 2006 San Antonio, Texas   

Insurance Coverage for Construction Defects, presented at Continuing Education Conference

June, 2006 Charlotte, North Carolina   

Featured Speaker at Eagle International Conference – Update Texas Good Faith Insurance Issues

May, 2006 Las Vegas, Nevada   

"Update Texas", the May 2006 conference held in Las Vegas, was hosted by Eagle International, an International network of defense attorneys and claim adjusters.

Featured speaker, David Macdonald, presented Good Faith Insurance Issues.

Guest Speaker for Federation of Insurance Women of Texas (FIWT) 2006 Mid-Year Conference

April, 2006 Austin, Texas   

Recent Developments in the Federal Rules of Evidence, Federal Court Practice seminar, State Bar of Texas (CLE accredited)

January, 2006

Fraud, Fraudulent Inducement, and Contractual Protections Against a Fraud Claim, CLE

June, 2005

Co-author: “Useful Strategies in the Battle of Experts,” Bankruptcy Litigation: Advanced Pre-Trial Practice and Procedure Workshop

January, 2005 Austin, Texas   
709

Educational/Professional Background

  • Tulane University, Juris Doctor, 2004
  • Tulane University School of Law, Sports Law Certificate, 2004
  • Trinity University, Bachelor of Science, 1999

Civic and Volunteerism

  • Dallas Volunteer Attorney Program
  • NFL and NCAA, special events volunteer

Court Admissions

Deke Owen is licensed to practice law in the following areas:

  • Texas

U.S. District Court for the Northern District of Texas

  • Overview
  • Representative Experience
  • Professional Affiliations
  • Honors and Recognitions
  • Publications/Presentations
  • Educational/Professional Background
  • Civic and Volunteerism
  • Court Admissions





Deke Owen

Shareholder

Email: dowen@macdonalddevin.com

Direct Phone: 214.651.3307

Direct Fax: 214.747.0942

Areas of Practice

Overview

Litigation may be an adversarial process, but Deke Owen takes a collaborative approach when advancing his clients’ interests in disputed matters. Deke works closely with each client to get a complete understanding of their business and industry as well as their concerns and objectives in the case at hand. Day-to-day diligence, continuous client communication, and thorough preparation are all cornerstones of Deke’s practice.

Deke’s practice is devoted primarily to construction law, including the defense of architects and engineers in multi-party construction litigation. He also provides robust defense counsel for contractors and subcontractors in construction defect claims on public and private projects. His professional success in construction law matters has led to his inclusion on the Texas Rising Stars list for multiple consecutive years, and Deke also shares his insights by writing frequently on construction law issues.

Deke is Board Certified in construction law from the Texas Board of Legal Specialization.

In addition to his construction law work, Deke represents attorneys in professional liability litigation, including closing attorneys and litigation attorneys.

Deke offers arbitration and mediation services in these areas as well.

A graduate of Trinity University, Deke earned his law degree from Tulane University, where he also earned a Sports Law Certificate. He is admitted to practice in all Texas state courts as well as the U.S. District Court of the Northern District of Texas.