The Hon. Xavier Rodriguez

Biography

Xavier Rodriguez is a former Texas Supreme Court Justice and currently sits on the bench as a United States District Judge for the Western District of Texas. He was a partner in the international law firm of Fulbright & Jaworski (now known as Norton Rose Fulbright). He was board certified in labor and employment law by the Texas Board of Legal Specialization. He served in the U.S. Army Reserve Judge Advocate General’s Corps and has served on the board of directors of several charitable organizations across Texas. Judge Rodriguez is a frequent speaker on continuing legal education seminars and has authored numerous articles regarding employment law, discovery, and arbitration issues. He is the editor of Essentials of E-Discovery (TexasBarBooks 2d ed. 2021). He is a member of The Sedona Conference Judicial Advisory Board, the Georgetown Advanced E-Discovery Institute Advisory Board, the EDRM Global Advisory Council, and serves as the Distinguished Visiting Jurist-in-Residence and adjunct professor of law at the St. Mary’s University School of Law. He is a Past Chair of the State Bar of Texas Litigation Section, Past Chair of the State Bar of Texas Labor and Employment Law Section and Past Chair of the State Bar of Texas Continuing Legal Education Committee.

• Member, American Law Institute
• Fellow, American Bar Foundation
• Fellow, Texas Bar Foundation
• State Bar of Texas Litigation Section, Past Chair
• State Bar of Texas Labor and Employment Law Section, Past Chair
• State Bar of Texas Continuing Legal Education Committee, Past Chair
• Texas Bar Foundation’s Samuel Pessarra Outstanding Jurist Award, 2021
• TexasBarCLE’s Pat Nester Innovation in Professional Development Award, 2021
• State Bar of Texas Gene Cavin Award for Excellence in CLE, 2017
• Rosewood Gavel Award for Outstanding Judicial Service, 2011

Books

• Essentials of E-Discovery, Xavier Rodriguez ed. (2d Ed. TexasBarBooks 2021)
• Essentials of E-Discovery, Xavier Rodriguez ed. (TexasBarBooks 2014)
• Written Employment Contracts, Texas Employment Law (co-author) (James Publishing, Inc.) (various editions all prior to 2001)
• Independent Contractors, Defense Research Institute Employment Law Basics (author) (various editions all prior to 2001)
• Texas Legal Assistant Handbook, member, Editorial Advisory Board (James Publishing, Inc.) (Various editions all prior to 2001)
• The Employment At-Will Doctrine, TAB Employment Law Handbook (author) (various editions all prior to 2001)

Shorter Works

• The Sedona Conference Cooperation Proclamation: Resources for the Judiciary, Third Edition (June 2020). Judicial Reviewer and author of various portions of this publication.
• Fifth Circuit Criminal Pattern Jury Instructions (Thompson Reuters 2015) (Chair of the Committee on Criminal Pattern Jury Instructions and co-author of various instructions)
• Fifth Circuit Criminal Pattern Jury Instructions (Thompson Reuters 2012) (Member of the Committee on Pattern Jury Instructions and co-author of various instructions)
• Employment Discrimination Law, EEOC Administrative Process, 2000 Cumulative Supplement (contributor) (Bureau of National Affairs)

Articles

• Xavier Rodriguez, Artificial Intelligence (AI) and the Practice of Law in Texas, Vol. 63 S. Tex. L. Rev. (Fall 2023)
• Xavier Rodriguez, Artificial Intelligence (AI) and the Practice of Law, 24 Sedona Conf. J. 783 (2023)
• Anthony P. Ng and Xavier Rodriguez, Basic Electronic Discovery (Practicum Press 2023)
• Xavier Rodriguez, Discovery in Criminal Cases: New Fed. Crim. P. 16.1 is insufficient to address the amount of data collected and should be produced – A Proposal for a Rule 16.2 (Duke Univ., Bolch Judicial Institute 2023)
• Xavier Rodriguez, Examining Heslin and Lewis v. Infowars and Alex Jones, Circuits, State Bar of Texas Computer & Technology Section (Jan. 2023)
• Xavier Rodriguez, My Responses to these Discovery Requests were Reasonable, Right? Navigating Fed. R. Civ. P. 26(g)(1), Vol. 101 (Winter 2022), The Advocate, State Bar of Texas Litigation Section
• Xavier Rodriguez & Anthony Ng, Sanctions under the Civil Rules of Procedure (2022), News for the Bar, State Bar of Texas Litigation Section
• Xavier Rodriguez, Ensuring a Fair Cross-Section of the Community in the Western District of Texas, San Antonio Lawyer (November/December 2021)
• Xavier Rodriguez, When Machines Can be a Judge, Law360’s Expert Analysis Series. A review of Katherine Bolan Forrest’s “When Machines Can Be Judge, Jury, and Executioner: Justice in the Age of Artificial Intelligence.” (Law360, May 19, 2021 at https://www.law360.com/cybersecurity-privacy/articles/1385565
• Essentials of E-Discovery, Xavier Rodriguez ed. (2d Ed. TexasBarBooks 2021)
• Xavier Rodriguez, A Profile of Roy R. Barrera, Sr, Journal of the Texas Supreme Court Historical Society (Vol. 10, No. 2 Winter 2021)
• Xavier Rodriguez, The Attempted Integration of Mansfield, Texas, Nathaniel Jackson, et al v. O.C. Rawdon, a Necessary Precursor to Little Rock, Journal of the Texas Supreme Court Historical Society (Vol. 10, No. 1 Fall 2020)
• Xavier Rodriguez & Anthony Ng, Sanctions under the Civil Rules of Procedure (2022), News for the Bar, State Bar of Texas Litigation Section
• Xavier Rodriguez, Ensuring a Fair Cross-Section of the Community in the Western District of Texas, San Antonio Lawyer (November/December 2021)
• Xavier Rodriguez & Stephen Malouf: Technology in the Courtroom: Demonstratives. The Advocate, Vol. 90, Spring 2020
• Xavier Rodriguez & James Wes Christian, Making a Plan: Select discovery issues. 82 Tex. Bar J. 174, March 2019
• Xavier Rodriguez & David L. Horan, Meta-Discovery: Allegations of an Incomplete Document Production, 19 Sedona Conf. J. 745 (2018)
• Steven S. Gensler & Xavier Rodriguez, Discovery: Form Fights: Battles over Content and Proportionality, ABA Pretrial Practice & Discovery, Spring 2018
• Steven S. Gensler & Xavier Rodriguez, Discovery: What the form are we fighting for? 80 Tex. Bar J. 774, December 2017
• Xavier Rodriguez, Brookshire Brothers: Cleanup on Aisle 9. The Current Messy State of Spoliation Law. 46 St. Mary’s Law Journal 447 (2015)
• Xavier Rodriguez, New Federal Court Rules: Listen, Be Prompt, Be Prepared, No Throwing a Fit. San Antonio Lawyer (May-June 2015)
• Essentials of E-Discovery, Xavier Rodriguez ed. (TexasBarBooks 2014)
• Xavier Rodriguez, The Decline of Civil Jury Trials: A Positive Development, Myth, or the End of Justice as We Now Know It? 45 St. Mary’s Law Journal 333 (2014)
• Paralegal Overtime: Yes, No or Maybe? American Bar Association GP Solo, Vol. 19, No.1, January/February 2002
• Supreme Court Issues New Guidelines, American Lawyer Media, October 2, 2000
• Have Discrimination Cases Gotten More Difficult? Texas Lawyer, September 27, 2000
• Paralegal Overtime: Yes, No or Maybe? 63 Tex. Bar J. 266, March 2000
• Developments in the Substantive Law: Employment Law, Texas Lawyer, December 20, 1999

Presentations

• Frequent speaker at Continuing Legal Education presentations throughout the United States and overseas. In this capacity he has written numerous CLE articles discussing discovery, civil procedure, employment law, and the U.S. federal courts.
• Delivered presentations and presented articles on more than 450 occasions throughout Texas, United States and Europe.