Biography Nancy Wells Hamilton has a national practice concentrating on First Amendment law, intellectual property, and complex commercial litigation. Ms. Hamilton has been named among the Best Lawyers of America, a "Texas Super Lawyer," a "Top Lawyer" by H Texas Magazine, and is AV rated by Martindale-Hubbell.
Ms. Hamilton has appeared in federal and state courts in Texas, California, Illinois, Massachusetts, Michigan, Pennsylvania, Rhode Island, and Virginia for clients who have included CNN; Oprah Winfrey; Dr. Phil; CBS, Inc.; The Tribune Company; and U.S. Trust. She is admitted to practice before the United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas; the First and Fifth Circuit Courts of Appeals; and the United States District Court for the Western District of Michigan.
Ms. Hamilton is a frequent writer and lecturer on trial tactics and media law, including "What to do when the Media Calls;" "Building Rapport in the Courthouse" for the Texas State Bar; "Trial Techniques" for the Media Law Resource Center Annual Conferences in 2006 and 2008; an appearance on PBS Houston's KUHT TV program The Connection on videotaping jury deliberations; and a Texas State Bar Pattern Jury Charge project.
A Yankee by birth, Ms. Hamilton is a graduate of Skidmore College, Saratoga Springs, New York and she received her J.D. degree in 1989 from the University of Houston Law Center.
DIVERSITY INITIATIVE
Ms. Hamilton, together with a representative of the Tribune Company and the Chairman of the ABA Communications Law Forum, created a national diversity initiatives program to improve the hiring and retention of minorities, specifically within the area of the media law.
More about Nancy W. Hamilton: Experience | Involvement | Recognition | Speeches / Publications | News Representative Matters
- 54 Broadcasting v. LIN Television of Texas 2009 - In the United States District Court for the Western District of Texas (Austin)
This case involved the assignment of an option to purchase stock in a company which owns the FCC broadcast license for Austin TV station KNVA. The jury found that the assignment by Ms. Hamilton's client, LIN, was proper.
- Clara Harris v. George Parnham, 2008 – In the 127th Judicial District Court of Harris County, Texas
Represented defendant attorney in Breach of Fiduciary Duty, Fraud, Deceptive Trade Practices Act, claims brought by former client, and counterclaim for suit on a promissory note and attorney fees. The case was tried in state court, Harris County, Texas. Jury verdict in favor of Parnham unanimously finding (i) that Parnham complied with his fiduciary duty to Ms. Harris; (ii) that Parnham did not engage in any false, misleading, or deceptive act or practice that Ms. Harris relied on to her detriment, and that was a producing cause of damages to Ms. Harris with regard to the promissory note and security agreement; (iii) that Ms. Harris was not fraudulently induced into executing the promissory note and security agreement; (iv) that Ms. Harris owes Parnham $70,250.00 on the promissory note; and (v) by a vote of 11-1, that Ms. Harris owes $398,443.19 in attorneys' fees incurred by Parnham.
- Dye, et al v. U.S. Trust & Company, et al., 2007 – In the 281st Judicial District Court of Harris County, Texas
Represented defendant in breach of contract, breach of fiduciary duty, fraud, and negligence action brought by holders of defaulted bonds. The claims were based on allegations that defendant, as indenture trustee, improperly released proceeds from the bond offering and otherwise failed to properly perform its duties and obligations as trustee under the indentures. Defendants were granted judgment as a matter of law after the case was in trial.
- In Re: Honorable Nathan Hecht Justice, Texas, 2006
In a First Amendment case tried before a three appellate judge panel in state court, Fort Worth, Texas regarding alleged violations of the Code of Judicial Conduct against Texas Supreme Court Justice Hecht for expressing his views in the national media regarding President Bush's nomination of Harriet Miers to the United States Supreme Court. A unanimous court concurred in the judgment that the sanctions against Justice Hecht should be reversed and vacated. One justice found the canons at issue unconstitutional as applied.
- Thomas Knight v. Chicago Tribune, et al., 2005 – Cook County, Illinois
Represented defendants in libel case brought by former prosecutor against The Chicago Tribune and two reporters in Cook County, Illinois. The judge granted a directed verdict for one of the reporter defendants at the close of the Plaintiff's case. The jury ruled for the other reporter and newspaper after a two week trial. It was the first libel trial for The Chicago Tribune in over 40 years.
- O'Grady v. Twentieth Century Fox, 2004 – In the United States District Court for the Eastern District of Texas
Represent the defendant in a misappropriation of name and likeness claim in federal court in Texarkana, Texas regarding the movie Behind Enemy Lines. The case settled favorably after jury selection.
- Petris Petroleum v. SAIC, 2002 – Harris County, Texas
Represented defendant in a breach of fiduciary duty case. The case settled in the second week of trial.
- Paul Natkin et al. v. Oprah Winfrey, et al., 2000 – In the United States District Court for the Northern District of Illinois
Represented defendants in a copyright infringement lawsuit brought by former show photographers in federal court in Chicago. The case settled favorably during a jury trial.
- Texas Beef Group, et al. v. Oprah Winfrey, et al., 1998 – In the United States District Court for the Northern District of Texas
Represented defendants in a product disparagement and defamation case. Jury verdict for the defendants after six-week trial. Affirmed by Fifth Circuit.
- Sendo v. Microsoft Corporation, 2005 – In the United States District Court for the Eastern District of Texas
Development and marketing of a Smartphone handset device. The case settled on favorable terms for client at mediation.
Represented plaintiff, a mobile phone manufacturer, in breach of contract and theft of trade secrets case involving the development of next generation Smartphone technology. Plaintiff alleged that Microsoft misappropriated its Smartphone technology trade secrets and breached contracts relating to the development and marketing of a Smartphone handset device. The case settled favorably prior to trial.
- Science Applications Int'l Corp. v. Petris Technology, Inc., 2001 – In the United States District Court, Eastern District of Virginia
Represented plaintiff in infringement of e-commerce website computer software program relating to an Internet transaction platform and information management service for buyers and sellers to evaluate, buy, sell or lease oil and gas exploration and production properties. The case in the United States District Court for the Eastern District of Virginia, was settled favorably prior to trial.
- Tracy v. Oprah Winfrey, Harpo Productions and ABC Television, 2008 – In the United States District Court, District of Massachusetts
Represented defendants in "theft of idea" lawsuit filed by plaintiff who alleged "unauthorized use" of her proposal of a reality based television show. U.S. District Court Judge Rya Zobel granted defendants' motion to dismiss on two main points: (i) an idea, as opposed to the copyrighted contents of a book, is accorded no protection unless acquired under circumstances that imply a contractual or fiduciary relationship and (ii) the unconditional public disclosure of an idea by an originator is the property of all and operates to deprive the originator of any further property rights in it. The First Circuit Court of Appeals affirmed holding, "neither copyright nor misappropriation of trade secrets are apt legal theories for the facts presented by Tracy. Tracy voluntarily and without reservation submitted her material to defendants. Nor would the defendants' refusal to return her material constitute a claim of fraud."
- Virgie Arthur v. Howard K. Stern, CBS Studios, Inc. and KPRC Houston, 2007 – In the United States District Court for the Southern District of Texas, Houston Division
On January 28, 2009, after six depositions had been taken in the case, Plaintiff Virgie Arthur filed a Motion to Dismiss with Prejudice her libel and conspiracy case filed against Howard K. Stern, CBS Studios Inc. and KPRC Houston. The case, originally filed in Harris County, Texas state court, was removed to federal court on the basis of the fraudulent joinder of Houston television station KPRC Houston. U.S. District Court Judge Lee H. Rosenthal denied Plaintiff's motion to remand and a motion for leave to file an amended complaint that would have destroyed diversity. The causes of action arose out of an interview conducted by CBS with Arthur's daughter, Anna Nicole Smith, wherein she made certain allegations of abuse, portions of which were broadcast on the CBS program Entertainment Tonight. Plaintiff's Motion to Dismiss was filed one week prior to the dispositive motion deadline.
- Hoaglund, et al v. Winfrey, et al., 2001 – In the United States District Court, District of Massachusetts, Central Section
Represented defendants against claims for defamation and intentional infliction of emotional distress arising out of a segment of the Oprah Winfrey Show. Plaintiffs claimed the show falsely presented them as victims of spousal abuse. U.S. District Judge Gordon granted defendants' motion for summary judgment.
More about Nancy W. Hamilton: Biography | Involvement | Recognition | Speeches / Publications | News Organization Membership Ms. Hamilton is a member of the Houston Bar Association, American Bar Association, and State Bar of Texas.
Community Involvement Ms. Hamilton, together with a representative of the Tribune Company and the Chairman of the ABA Communications Law Forum, created a national diversity initiatives program to improve the hiring and retention of minorities, specifically within the area of the media law. She is also active in alumni affairs at Skidmore College, including the Council of 100 and Alumni Board.
More about Nancy W. Hamilton: Biography | Experience | Recognition | Speeches / Publications | News Peer Recognition
Ms. Hamilton has been named a "Top Lawyer" by H Texas magazine. She is included in the 2008-2011 editions of The Best Lawyers in America under First Amendment Law and in the 2012 edition under Litigation - First Amendment.
More about Nancy W. Hamilton: Biography | Experience | Involvement | Speeches / Publications | News Speeches / Publications
Ms. Hamilton is a frequent writer and lecturer on trial tactics and media law, including "What to do when the Media Calls," "Building Rapport in the Courthouse" for the Texas State Bar, "Trial Techniques" for the Media Law Resource Center Annual Conferences in 2006 and 2008, an appearance on PBS – Houston's KUHT TV program The Connection on videotaping jury deliberations, and a Texas State Bar Pattern Jury Charge project.
Links to Publications
More about Nancy W. Hamilton: Biography | Experience | Involvement | Recognition | News
Practice Areas
EducationB.A., Skidmore College (NY) J.D., University of Houston Law Center
Bar Admissions
Court Admissions
- United States Courts of Appeals for the First, Second, Fifth, and Seventh Circuits
- United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
- United States District Court for the Northern District of Illinois
- United States District Court for the Western District of Michigan
- United States District Court for the Eastern District of Pennsylvania
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