Phillip Schmandt, Austin, Texas, McGinnis, Lochridge & Kilgore, LLP  Technology, Real Estate, Corporate & Business Transactions, Mergers & Acquisitions, Attorney, Lawyer

Practice Areas

Phillip H. Schmandt
Partner

As head of the firms technology practice group, Phillip Schmandt brings a broad range of experience representing clients in a variety of corporate transactions in the U.S. and Europe. His commitment to client service and long-term client relationships give him detailed knowledge of many issues and areas of law across industries including technology, e-commerce, real estate and energy.

In technology, e-commerce and energy, Phillip has significant experience serving as general counsel to an e-commerce marketplace for the oilfield services industry. For seven years he has provided expertise in structuring, negotiating, and drafting electronic data agreements, software licensing agreements, licensing and marketing agreements, joint ventures and strategic alliances. He has represented technology companies that serve the upstream oil and gas industry including U.S.-based and multi-national oil companies.

In real estate, he has more than 20 years of diverse experience representing developers, governments and non-profit entities. Phillip has extensive experience in all aspects of the development process, from entity formation and financing, acquisition, due diligence and entitlements, and sales and leasing. He has worked with residential, commercial and industrial developers and represented them before governmental agencies and governing bodies including municipalities, counties and state and federal agencies. Phillip is also experienced in special district laws, including utilities and taxing districts. He has also represented governmental entities in preparing their own development regulations, which enables him to bring a balanced and practical approach to issues that arise in the development process.

Phillip has practiced in state and federal courts and in international arbitration tribunals.

Representative Experience

Technology & Corporate
  • Lead counsel on $100 million plus global internet hosting and storage outsourcing contract for Fortune 500 company operating on all continents
  • Lead counsel on $100 million plus global telecommunications contract for Fortune 500 oilfield service company
  • General counsel to an e-commerce consortium of oil field service companies that is leading the implementation of e-commerce in oil and gas exploration
  • Lead counsel for electronic commerce standards setting organization that is a non profit business league
  • Local counsel for an international software developer with global customer base in oil rig and ship construction
  • Hired by the European Unions Committee for Standardization (Comit Europen de Normalisation or CEN") to serve as technical editor regarding electronic invoicing in the European Union
  • Negotiated electronic data exchange and network interoperability agreements with electronic networks operating in North America, Latin America, and Europe
  • Served as primary counsel to internet-based, e-commerce and technology businesses from start-up through all phases of operation
  • Represented co-founder of a privately held software development company in buy out of partner on advantageous terms and successful assertion of complete control over company following dispute among co-founders

Real Estate

  • Lead counsel for foreign investors acquiring and developing a 2500 acre ranch in central Texas area for master planned community
  • Local counsel to national developer of 5,000-acre master-planned community, assisting in real estate, governmental relations, and non profit homeowner association matters
  • Represented county government in developing subdivision and environmental protection regulations that have served as model for other counties across Texas
  • Counsel to one of the largest real estate developments in Hays County, Texas, with particular emphasis on water and utilities related issues
  • Negotiated joint venture, financing, leasing, sale and acquisition of commercial real estate, including raw land and developed properties throughout the United States and globally
  • Negotiated hotel management agreements and franchise agreements on behalf of both managers and owners
  • Established and served as counsel to home owner and condominium owner associations and other not for profit entities

Activities

  • State Bar of Texas Grievance Committee, District 9A (Travis County)
  • Chair, City of Austin Electric Utility Commission (Commissioner, 2006-2008; Chair, 2008-present)
  • Co-Chair, Electronic Commerce Subcommittee, Cyberspace Committee of the American Bar Association Business Law Section
  • Board of Directors, Central Texas Sustainability Indicators Project
  • Chair, City of Austin Mayors Task Force: Energy Conservation, Audit and Disclosure Ordinance (2008)
  • Appointed, City of Austin Mayors Task Force on Zero Energy Capable Homes
  • Chair, Mayor's Task Force on Generation Resource Planning (advising Austin City Council on energy resource planning through 2020), July 2009 - present
  • Technical Expert for European Committee for Standardization (Comite' European de Normalisation, or CEN) Electronic Invoicing Workshop, 2009 - 2012, responsible for drafting and editing Code of Practice for Electronic Invoicing in the European Union and contributing author to Model Interoperability Agreement for Transmission and Processing of Electronic Invoices
  • Recipient, Texas C-Bar Community Leader Award 2007 for Common Ground Health Clinic

Presentations & Publications

  • Author, Commercial (B2B) Electronic Commerce Law," Chapter 15 of Internet Law for the Business Lawyer, Second Edition, edited by Juliet M. Moringiello, American Bar Association, August 2012
  • Speaker, Recent E-invoicing Developments in the EU, State Capital Group 2012 International Meeting, Utrecht, The Netherlands, June 26, 2012
  • Speaker, Protecting Your Clients Commercial Data on the Internet, American Bar Association Business Section Spring Meeting, Denver, Colorado, April 2010
  • Co-author, How CEN E-Invoicing Compliance Guidelines Impact Your Company, E-Commerce Times, February 2010
  • Co-author, Op Ed, Why the Proposed Generation Plan is the Right Path Forward for Austin, Austin American Statesman, February 9, 2010
  • Co-author, Single Field Encryption of Electronic Invoices, published by OFS Portal, LLC, July 14, 2009
  • Moderator, Electronic Marketplaces and Exchanges - Antitrust and Commercial Prospectives, American Bar Association, Business Law Section, Vancouver, Bristish Columbia, April 17, 2009
  • Author, EU Commission Proposed New Rules Streamlining Use of Electronic Invoices in Europe, ABA Business Law eNewsletter, March 2009
  • Speaker, Compliance Framework for B2B Marketplaces (and Their Customers), Open Network for Commerce Exchange Conference, Dallas, Texas, March 2009
  • Author, News Bulletin: E-Invoicing in Europe
  • Speaker, Ten Lessons Learned in Negotiating International E-Commerce Agreements, American Petroleum Institute's 2008 PIDX Latin America Conference, Buenos Aires, Argentina, May 2008
  • Moderator, Hot Cyberspace Issues, American Bar Association Business Law Section Meeting, Dallas, Texas, April 2008
  • Speaker, Electronic Business Data at Risk Its 10:00 pm, Do You Know Where Your Electronic Data is?, Petroleum Equipment Suppliers Association, March 2008
  • Author, Is Your Electronic Data Agreement Your Supply Chain's Weakest Link?, E-Commerce Times, February 2008
  • Moderator, Top Ten Challenges in Clean Tech Venture Funding, Clean Energy Venture Summit, Austin Texas, May 2007
  • Author, Move to Electronic Transactions Easier with Data Agreement, Austin Business Journal, July 2006
  • Author, E-commerce meets Sarbanes-Oxley, Business Edge, February 2006

Professional Background

  • The University of Texas School of Law, J.D. 1990 (Order of the Coif)
  • John Hopkins University, B.A. 1983 (Phi Beta Kappa)
  • Admitted to Practice: Texas; United States District Court for the Western District of Texas
  • Other Language: French
Contact
600 Congress Avenue
Suite 2100
Austin, TX 78701
512.495.6087 (phone)
512.505.6387 (fax)

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