Jackson Walker L.L.P. :: Robert P. Latham
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Practice Areas
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Biography
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In his 27 years as a trial lawyer, Robert P. (Bob) Latham has tried significant cases in numerous jurisdictions involving a broad range of subject matter. He has developed nationally recognized expertise in the areas of media law and intellectual property litigation and chairs both practice areas at Jackson Walker.
His media law practice has involved the representation of international, national, and local media clients in matters involving the defense of libel, invasion of privacy, and newsgathering tort claims, at both the trial court and appellate court level, as well as counseling clients in matters of access, prior restraint, newsgathering, right of publicity, and prepublication review.
His intellectual property cases have involved patent, copyright, trademark, unfair competition, and trade secret disputes in jurisdictions from California to Massachusetts, including the international Trade Commission in Washington, D.C., in addition to those filed in the four federal districts within Texas.
His varied trial practice has involved complex commercial disputes as well as unfair competition, securities, probate, employment, professional negligence, banking, construction, real estate, product liability, telecommunications, energy, international, and class action matters. He maintains offices in Dallas and Houston.
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Representative Matters
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REPRESENTATIVE MEDIA CASES
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William Stephens, et al. v. KTRK Television et al. (State District Court, Houston, Texas 2007) Counsel for media defendants in a case involving allegations of invasion of privacy and violations of the Texas wiretap statute. Jury verdict for defendants.
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Fowler v. ABC, Inc., Diane Sawyer et al. (United States District Court for the Northern District of Texas 2003) Counsel for ABC, Diane Sawyer and other defendants in a libel action brought by a cosmetic surgeon named in a "20/20" broadcast focusing on cosmetic surgery. Summary judgment granted in favor of defendants, finding that the story was true or substantially true.
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Abdel-Hafiz v. Fox Entertainment Group, Inc., Bill O'Reilly, et al. (State District Court, Fort Worth, Texas 2007). Counsel for Fox and Bill O'Reilly in lawsuit brought as a result of a series of broadcasts of "The O'Reilly Factor" regarding FBI failures prior to 9/11. Summary judgment rendered by appellate court, after motion was denied in the trial court, in favor of defendants Fox and O'Reilly. 240 S.W. 3d 524 (Tex. App.—Fort Worth 2007, pet. denied)
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Shanks v. ABC, Inc., Brian Ross, et al 1 S.W.3d 230 (Tex. App.-Corpus Christi 2000) Counsel for defendants, including ABC and its chief investigative reporter, Brian Ross, in defense of libel case resulting from ABC "Primetime Live" broadcast over airline parts. In one of the first uses of the interlocutory appeal statute for libel cases in Texas, appellate judgment rendered in favor of defendants.
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Turner v. Dolcefino, Counsel for media defendants in a libel case brought by state representative and mayoral candidate for the City of Houston. Jury verdict for plaintiff. Judgment reversed and rendered by Houston Court of Appeals (Dolcefino v. Turner, 97 S.W.2nd 100)(Tex. App.-Houston [14th District] 1998); judgment for defendants affirmed by Texas Supreme Court, 38 S.W 3d 103 (Texas 2000).
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REPRESENTATIVE INTELLECTUAL PROPERTY CASES
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Iovate Health Sciences, Inc. v. BSN & Medical Research Institute, 586 F.3d 1376 (Fed. Cir. 2009). Counsel for Defendant/Appellee Medical Research Institute. Summary judgment in favor of defendants granted by the United States District Court for the Eastern District of Texas on invalidity grounds upheld by the Federal Circuit. The court found that patent claims directed to the administration of dietary supplements to enhance recovery from fatigue were anticipated by a prior printed publication.
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Mobility Electronics v. Formosa Electronics, et al. (United States District Court for the Eastern District of Texas and International Trade Commission in Washington, D.C. 2006) Counsel for Mobility Electronics in this patent infringement and trade secrets misappropriation case against a Taiwanese manufacturer of power supplies for electronic devices. Suit was initiated before the International Trade Commission and was subsequently litigated in the Eastern District of Texas. Following a Markman hearing, the court issued a claim construction order construing the vast majority of claims in Mobility's favor. The case settled on the eve of trial.
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Orion v. Xerox Corporation, et al. (United States District Court for the Eastern District of Texas 2007). Counsel for several defendants in patent infringement suit over two business method patents involving a computer assisted parts sales method and an electronic proposal preparation system. Case settled on behalf of some defendants and tried to a verdict with regard to remaining defendant. That defendant prevailed at trial on non-infringement grounds on one patent in suit, and prevailed on appeal on invalidity grounds on the other patent in suit. 605 F.3d 967 (Fed. Cir. 2010).
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CBS Operations Inc. v. Reel Funds International (United States District Court of the Northern District of Texas 2007). Counsel for CBS in this copyright infringement case alleging copyright infringement of CBS's famous television series "The Andy Griffith Show." Motion for summary judgment granted on behalf of CBS, finding infringement.
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North American Container, Inc. v. Plastipak Packaging Inc., et al., 415 F.3d 1335 (Fed. Cir. 2005) Counsel for defendant Reckitt Benckiser Inc. in this patent infringement case involving PET (polyethylene terephthalate) bottles. Following a Markman hearing, the United States District Court for the Northern District of Texas granted summary judgment for Reckitt Benckiser. Summary judgment was upheld by the Federal Circuit Court of Appeals.
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Wanda King, et al. v. Collectables Records, et al. (United States District Court for the Northern District of Texas 1999). Counsel for Collectables Records in defense of copyright and trademark infringement claim on sound recordings. After a jury trial, judgment was entered for Collectables.
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REPRESENTATIVE COMMERCIAL CASES
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Aldape v. Francisca de la Hoya de los Santos et al. (State District Court, Dallas, Texas 2003) Counsel for the two primary defendants, Sanisca Investments, S.A., a Panamanian Corporation, and Francisca de la Hoya de los Santos of Mexico, in a case involving alleged fraudulent transfer of $40 million out of the United States. After three days of trial, the case settled immediately after cross-examination of plaintiff's expert.
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Brotemarkle v. Walt Disney Company et al. (State District Court, Houston, Texas 2003) Counsel for defendants in employment case in which a former promotions manager of Radio Disney Houston sued the station claiming retaliatory discharge for filing a workers compensation claim. Jury verdict for defendants.
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Bombardier Aerospace Corporation v. PAH Co., et al. (State District Court, Dallas, Texas 2007). Counsel for Bombardier in a dispute involving the sale of a fractional interest in a Lear Jet airplane and operation of the FlexJet program. Jury verdict rendered in favor of Bombardier and judgment entered against PAH Co. finding PAH Co. liable for monies owed under the FlexJet program, including attorneys fees, ordering reconveyance of the airplane at issue, and finding against PAH Co. on its counterclaims for fraud. Affirmed in part, reversed and remanded in part, No. 05-08-00865-CV (Tex. App. - Dallas, Texas June 2, 2010).
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In Re Estate of Edward D. Hayden, Sr. deceased (Probate Court of Dallas County 2000) Counsel for sons of decedent in competing claims to multimillion dollar estate. After a one and a half week trial, the jury rendered a verdict, and judgment was entered, in the sons' favor and a constructive trust was imposed for the benefit of the sons. That judgment was affirmed in part, remanded in part and reversed in part on appeal, after which the case settled.
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In the Matter of the Estate of Kirsten Janay Smith, deceased (District Court, Carlsbad, New Mexico 2001) Prevailed over Gerry Spence in this bench trial between competing applicants to an estate.
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Community
Involvement
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Mr. Latham served as a member of the Board of Directors of the United States Olympic Committee from 2000-2004 and remains a member of the USOC General Assembly. He is a past Chairman and current Vice-Chairman of the United States of America Rugby Football Union and is President of the North American Caribbean Rugby Association. He also serves as an international match commissioner/judicial officer for the International Rugby Board. Mr. Latham is also a former President of the Dallas All Sports Association, an organization that brings together the major sport franchises in North Texas to raise money for college scholarships.
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Awards
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Mr. Latham has been ranked as a top Commercial Litigation attorney in the prestigious Chambers USA: America's Leading Lawyers for Business directory. Sources quoted in the guide called him "great on his feet, particularly when dealing with witnesses" [Chambers USA 2009] Mr. Latham is also included in The Best Lawyers in America in three different disciplines: First Amendment Law, Intellectual Property Law, and Sports Law. He was named a "Super Lawyer" by Thomson Reuters (2007-2009), and he was named a "Best in IP Litigation" attorney by Super Lawyers: Corporate Counsel Edition.
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Admitted
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- 1983, Texas
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States District Court for the Eastern District of Texas
- United States District Court for the Western District of Texas
- United States Court of Appeals for the Fifth Circuit
- United States Court of Appeals for the Eleventh Circuit
- United States Court of Appeals For the Federal Circuit
- United States Supreme Court
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Education
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A.B., Stanford University (CA)
J.D., University of Virginia School of Law
- Senior Editor, Virginia Journal of International Law
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Publications & Speaking Engagements
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 Photo Gallery: Mr. Latham's legal practice
Mr. Latham frequently speaks and writes in the areas of media law, intellectual property, litigation strategy, and sports law. He has been on the faculty of conferences organized by the American Bar Association, The Texas, Dallas, and Houston Bar Associations, the New York State Bar Association, and the Association of Corporate Counsel, as well as by various industry-specific organizations and universities.
Media publications and presentations:
- Faculty, "Hot Issues in Libel and Privacy," ABA Forum on Communications Law, Scottsdale, AZ 2009
- "First Amendment Considerations in Copyright Cases" published in the E-Copyright Law Handbook (Aspen Law & Business 2002)
- Faculty, ABA Forum on Communications Law, Scottsdale, AZ 2003
- Author, "Reporters Privilege in Texas," Media Law Resource Center Reporters Privilege Handbook
- Faculty, NAA/NAB/Media Law Resource Center Conference, "Access and Subpoenas," Alexandria, VA 2004
- Faculty, NAA/NAB/Media Law Resource Center Conference, "Trial Tales" and "Content Gathering," Chantilly, VA 2008
- Mr. Latham has also testified on multiple occasions before the Texas Legislature in support of a shield law for journalists.
- Media Law Review 2009
- Click here for additional media law publications and presentations by Mr. Latham
Intellectual property publications and presentations:
- The Eastern District of Texas Comes to New York, New York State Bar presentation, New York City 2007. See materials here.
- Defending a Patent Litigation Case, American Corporate Counsel Annual Conference, Chicago 2007.
- Legal Implications of User Generated Content: YouTube, MySpace, Facebook, 45th Intellectual Property Law Conference sponsored by the Center for American & International Law, Plano, TX 2007
- Fifth Circuit Finds Right of Publicity Not Preempted by Copyright Act, LDRC LibelLetter, March 2000
- Legal Aspects of the Film and Music Industries, Texas State Bar CLE on E-Copyright Issues, Austin, Texas 2002.
- Fifth Circuit Shows Deference to First Amendment Concerns in Trademark Infringement Case, LDRC LibelLetter, August 2000
- Top Ten Tips For a Useful Mock Trial
Other publications and presentations:
- Association of Corporate Counsel Annual Meeting; "Teaching New Dogs Old Tricks: Using Traditional Litigation Tools for Strategic Advantage," Seattle, Washington 2008.
- International Trademark Associates Annual Meeting; "Effective Legal Writing," Boston, Massachusetts May, 2010.
- Top 10 Driving Songs of East Texas, Texas Lawyer, July 2009.
- Mr. Latham writes a monthly column for SportsTravel magazine. Click here for archived columns.
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