Joseph C. Van Asten (Joe)

Partner

Dallas + 1.214.969.4553

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Joe Van Asten's practice focuses on construction disputes, transactions, regulatory compliance, and a variety of complex business disputes, including U.S. and international investigations. His construction experience includes representing owners, contractors, and design professionals in projects involving petrochemical plants, solar farms, battery energy storage systems, rail, commercial buildings, single- and multifamily residential buildings, health care and senior living care facilities, oil and gas storage facilities and pipelines, and manufacturing plants.

For more than 15 years, Joe has represented companies in federal and state courts and U.S. and international arbitrations litigating construction disputes, breach of contract, oil and gas disputes, False Claims Act, defense contractor disputes, deceptive trade practices, and construction/industrial-related personal injury and wrongful death claims.

In addition, Joe has counseled owners, contractors, and design professionals in drafting and negotiating contracts for large construction projects employing the spectrum of pricing and delivery models. Joe has also advised clients during the construction phase in connection with contract administration, change-order disputes, back-charge claims, and delay and disruption claims and has assisted in a wide array of regulatory matters.

Joe also has significant pro bono experience. He has represented clients in immigration matters, civil rights matters, family law matters, judgment enforcement proceedings, and probate disputes. Joe also presented oral arguments before the Fifth Circuit Court of Appeals for a Hague Convention matter.

He is a member of the ABA Forum on Construction Law and the Dallas Bar Association.

Experience

  • Cloud Capital establishes core joint venture strategy seeded with over $6 billion of assets with Realty Income and a global institutional investorJones Day represented Cloud Capital Advisors in the establishment of a programmatic joint venture with Realty Income Corporation and a global institutional investor focused on stabilized hyperscale assets leased to investment-grade tenants on long duration, triple-net leases in the United States, with intention to expand into Europe.
  • Global life sciences company wins Texas Supreme Court decision holding that state false claims statute requires proof of materiality and reinstating grant of summary judgmentJones Day successfully represented a global life sciences company in the Supreme Court of Texas, which resulted in a landmark decision holding by a 7-2 vote that the Texas Medicaid Fraud Prevention Act ("Act") (Texas's version of the False Claims Act) requires proof of materiality with an omissions theory, and that Jones Day's client was entitled to summary judgment on materiality in light of the state's history of paying claims with knowledge of the alleged misconduct.
  • Cloud Capital joint venture acquires Minneapolis data centerJones Day represented a joint venture managed by Cloud Capital in connection with the acquisition of a data center asset located in Minneapolis, Minnesota.
  • Morgan Stanley portfolio company acquires Richard Heath & AssociatesJones Day advised Morgan Stanley Capital Partners in the acquisition and financing by portfolio company Resource Innovations, Inc. of Richard Heath & Associates, Inc.
  • Kiewit recovers more than $350 million and defeats more than $1 billion in counterclaims in ICC arbitration with LNG developerJones Day represented a Kiewit affiliate in a dispute arising out of Kiewit's role as the Engineering Procurement and Construction (EPC) contractor of a multi-billion dollar LNG liquefaction facility located on the Gulf Coast, with issues ranging from project schedule delays, to differing site condition claims, to mismanagement claims, to cost disputes, including the propriety of withholdings of hundreds of millions of dollars by the developer on the cost reimbursable component of the project.
  • Kiewit successfully opposes LNG developer's request for temporary restraining order (TRO) preventing testimony of Kiewit witness for alleged violation of confidentiality obligations in EPC agreementJones Day obtained a favorable, non-monetary settlement after submitting detailed papers in opposition to the developer of a multi-billion dollar LNG facility's request for a TRO and expedited discovery that, among other things, required dismissal of the lawsuit and expressly stated Kiewit admitted no wrongdoing.
  • TriGate Capital forms joint venture for Texas purchaseJones Day advised TriGate Capital, LLC in its joint venture for the acquisition of forty-seven acres near Lewisville, Texas.
  • Eight hospitals reach settlement in arbitration against large health plan for underpaymentsJones Day represented eight hospitals in an arbitration brought against a large health plan for underpayments.
  • IBM amicably resolves litigation over subcontractor payments related to technology system deployed at Mercedes Benz StadiumJones Day defended International Business Machine Corporation ("IBM") against claims brought by a subcontractor in connection with the construction and technology solution deployed at the Mercedes Benz Stadium, home of the Atlanta Falcons.
  • IBM resolves lawsuit over technology deployment during NFL stadium constructionJones Day represented International Business Machines Corporation ("IBM") in a lawsuit to recover damages from the subcontractor who designed the Distributed Antenna System ("DAS") providing cellular service to the Mercedes-Benz Stadium in Atlanta, Georgia.
  • Universities defend multidistrict putative class action litigation brought by former football playersJones Day is serving as lead counsel for all NCAA member institution defendants in a multidistrict litigation ("MDL") consolidating more than 500 putative class actions brought on behalf of former football players.
  • U.S. Bank prevails on summary judgment in case alleging hundreds of millions of dollars in losses relating to residential mortgage-backed securitiesJones Day secured summary judgment on behalf of U.S. Bank National Association in a lawsuit seeking hundreds of millions of dollars in alleged losses concerning investments in certificates issued by residential mortgage-backed securities trusts for which U.S. Bank served as trustee.
  • IBM resolves claims asserted under Texas Consumer Protection ActJones Day defended International Business Machines Corporation ("IBM") in a Texas state court lawsuit alleging consumer protection and fraud in connection with referral of a mobile application development project to an IBM business partner.
  • Former CFO of publicly traded company successfully settles claims of breach of fiduciary dutyJones Day represented the former CFO of a publicly traded company in a Texas state court case alleging breach of fiduciary duty and negligence in connection with the company's accounting and disclosures.
  • Fortune 500 company defends U.S. Attorney Office's investigation into allegations under False Claims ActJones Day represented a Fortune 500 company in a multi-year investigation by the Department of Justice and other federal investigative agencies into False Claims Act allegations.
  • Former CFO of publicly traded company represented in SEC investigation involving accounting and disclosure issuesJones Day represented the former CFO of a publicly traded company in an SEC investigation involving accounting and disclosure issues.
  • Fortune 500 defense contractor represented in litigation over alleged breach of contract and misappropriation of trade secretsJones Day represented a Fortune 500 defense contractor in a suit against another defense contractor over breach of a subcontract and misappropriation of trade secrets involving complex technology and issues of compliance with contract specifications and test procedures.
  • Fortune 500 health insurer represented in litigation over alleged submission of fraudulent claims and violation of anti-kickback related exclusions in health plansJones Day represented a Fortune 500 health insurer in litigation over alleged submission of fraudulent claims and violation of anti-kickback related exclusions in health plans.
  • Iranian Christian convert obtains relief under the Convention Against TortureOur client participated in the 2009 post-election protests in Iran.
  • Fortune 500 telecommunications company undergoes internal investigation involving allegations of potential misconduct by employeesJones Day conducted an internal investigation for a Fortune 500 telecommunications company involving allegations of potential misconduct by employees.
    • View All

    November 2024 Alert

    Cases Pending Before September 1, 2024, Cannot Be Removed to Texas Business Court, Dallas Court Holds

    June 2024 Alert

    The Changing Landscape for Business Disputes in Texas: Justices Named to Inaugural Business Dispute Appellate Court

    September 2015 Commentary

    SEC Flexes Its Muscle on Accounting Fraud and Targets More Individuals

    January 2013 Alert

    D.C. Circuit's Invalidation of NLRB Appointments May Affect the CFPB

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