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Jackson Walker L.L.P. :: Charles L. Babcock
Charles L. Babcock

Charles L. Babcock

Partner
Houston Office
Telephone: 713.752.4210
Dallas Office
214.953.6030
cbabcock@jw.com

Practice Areas
Biography
Charles L. "Chip" Babcock has developed a national litigation practice in his career at Jackson Walker. Mr. Babcock has tried some of the most important cases of our time, including his representation of Oprah Winfrey in a suit brought against her by Texas Cattlemen and the successful defense of The Chicago Tribune in the Circuit Court of Cook County Illinois.

Mr. Babcock was born in Brooklyn, New York, raised in West Palm Beach, Florida, and graduated from Brown University, where he was a four-year member of the rowing team (crew) and the sports director for the University radio station, WBRU-FM. His college broadcast partner, Eric Nadel, went on to become the legendary play-by-play voice of the Texas Rangers. For a time after college, Mr. Babcock stayed in the sports business as a writer and columnist for the Philadelphia Inquirer, but left journalism to attend Boston University School of Law, where he was a member of the law review and served as Executive Editor. He was drawn to Texas by two federal judges, Robert Porter and Robert Hill, both of whom asked for an interview and decided to offer him a job. "They told me that they had flipped a coin," Mr. Babcock recalled, "but they never told me who lost."

In any event, Mr. Babcock spent the next two years with Judge Porter in the United States District Court for the Northern District of Texas before joining Jackson Walker, where he has fashioned a national litigation practice defending such disparate cases as the Rhode Island nightclub fire litigation in Providence, a defamation suit against Dr. Phil in Los Angeles, and a corporate governance matter in Fort Worth. He has represented Fortune 500 clients on a regular basis, both as Plaintiffs and Defendants, and has tried over 100 cases to a jury.

PROFESSIONAL ASSOCIATIONS
Mr. Babcock is a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers. He is a member of the American Law Institute and a Fellow of the Texas Philosophical Society. He also serves on the Board of Directors of the American Bar Association Communications Forum as Membership Chair.

PROFESSIONAL RECOGNITION
Mr. Babcock is ranked as a top First Amendment attorney and a top Commercial Litigation attorney in the prestigious Chambers USA: America's Leading Lawyers for Business directory. Sources quoted in the guide called him "phenomenal at closing arguments and superb on his feet" and "a truly brilliant trial lawyer." [Chambers USA 2009.] Mr. Babcock is also recognized in The Best Lawyers in America in the Bet-the-Company, Commercial Litigation, and First Amendment Law categories. He has been a "Texas Super Lawyer" every year since Texas Monthly magazine instituted the award and has also been listed by D magazine as one of the "Best Lawyers in Dallas," by H Texas magazine as one of the "Best Lawyers in Houston," and by Texas Lawyer as one of Texas' "Go To" lawyers. He is AV rated by Martindale-Hubbell and is included in the Commercial Litigation chapter of Who's Who Legal: Texas. He was named as a "Best in Civil Litigation Defense" attorney by Super Lawyers: Corporate Counsel Edition.

PRESS COVERAGE
Mr. Babcock has frequently been profiled by the press and in 2007, the New Republic reported that he had attained the status of a "moderately famous First Amendment attorney." (Credit: The New Republic.) In a recent Texas Monthly article profiling him as a "Super Lawyer," one of his clients commented, "Chip was tremendously effective, not only in court but in helping me prepare for court."

Last year, Mr. Babcock tried a closely watched case where Clara Harris (the woman who ran over her husband with her Mercedes) sued her former criminal defense counsel, George Parnham. After the jury found for Mr. Parnham, a blogger following the case wrote, "I believe [the jury] found Parnham's counsel, the affable Chip Babcock, appealing. Babcock was charming, smiled readily and play(ed) ably – to the jury." Texas Lawyer wrote a lengthy article about one of Mr. Babcock's trials (an unusual non-jury trial before a three-judge panel of justices) and wrote about his opening statement, "When Babcock rose to speak, he told the court he would take more time than opposing counsel. His presentation was lengthy but effective, incorporating a PowerPoint presentation replete with timelines, discovery excerpts, and salient video clips. Babcock didn't just tell the justices what he intended to prove, he used his time and PowerPoint presentation to prove his case. At the end of the opening statement, [Justice] Fitzgerald asked Babcock if the court could have a copy of the PowerPoint presentation for its later use."

In 2007, Chambers USA: America's Leading Lawyers for Business noted Mr. Babcock was a "first-rate trial lawyer who can try any commercial case." Of Counsel: The Legal Practice and Management Report wrote in its April 2006 edition that "In case after victorious case, Babcock has served clients with his vast knowledge of the law, soaring courtroom litigation style, keen insight, close attention to detail, and all with guy-next-door-humility."

JUDICIAL APPOINTMENTS
Mr. Babcock has frequently been called upon by state and federal judges to advise them on matters affecting the judiciary and the practice of law. For example, he has been a member of the Texas Supreme Court Advisory Committee for over 15 years, the last nine as its Chair. The Advisory Committee studies and reports to the court on all manner of rules and issues affecting litigation practice in the state courts. Some of the topics the Committee has studied are rules regulating parental notification of minors seeking an abortion, Internet access to judicial records, standards for recusal of judges, an offer of settlement rule, citation of unpublished opinions, rules for complex cases (asbestos), and amendments to the rules of evidence and appellate procedure among many others.

Mr. Babcock was appointed by the court to chair a committee charged with rewriting the Texas Code of Judicial Conduct and chaired a separate committee which considered the effect of the United States Supreme Court decision in Republican Party of Minnesota v. White dealing with judicial speech. In 2001, he was asked to serve on a blue ribbon committee of ten lawyers who were asked to consider major proposals for tort and litigation reform. In 1991, the Chief Judge of the United States District Court for the Northern District of Texas asked him to serve on a committee charged with analyzing the efficiency of the federal courts in north Texas.

PRO BONO AWARDS
In 1988, Mr. Babcock received the Meritorious Pro Bono Service Award. In 1986, he received the Distinguished Pro Bono Service Award.

CATASTROPHIC LITIGATION
Mr. Babcock, drawing on his lifelong work as a journalist and with the media, has developed a response plan to catastrophic litigation when the external communication about the legal problem must be coordinated with, and may be as important as, the litigation strategy. He has frequently written and spoken about this issue, including in his article titled "What to do When the Media Calls."

Attorney Profile: Chip Babcock — Committed to clients
Representative Matters
  • MAJOR CASES TAKEN TO TRIAL

  • 54 Broadcasting v. LIN Television of Texas 2009

    (U.S. District Court – 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 Mr. Babcock's client, LIN, was proper.

  • Clara Harris v. George Parnham 2008

    (State Court Harris County)

    Represented defendant in Breach of Fiduciary Duty, Fraud, Deceptive Trade Practices Act, claims brought by former client, counterclaim for suit on a promissory note, and attorney fees. 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.

  • William Stephens, et al. v. Wayne Dolcefino, et al. 2007

    (State Court Harris County)

    2007 Wiretap Claim against a television station and its reporters in Harris County, Texas. The jury found for Mr. Babcock's clients, the defendants.

  • Ericsson Inc. v. Marketshare Telecom L.L.C. 2006

    (State Court Collin County)

    Breach of Contract Claim and Counterclaim for fraud and breach of fiduciary duty tried in state district court for Collin County, Texas. Mr. Babcock represented Ericsson, which was awarded a $1,600,000 jury verdict (100% of claimed damages) and also prevailed before the jury on a $20,000,000 counterclaim asserted by the Defendant.

  • In Re: Honorable Nathan Hecht Justice, Texas Supreme Court 2006

    (State Court Tarrant County)

    Case tried before a three-judge panel in state court Fort Worth, Texas regarding alleged violations of the Code of Judicial Conduct. A unanimous court concurred in the judgment that the sanctions against Mr. Babcock's client should be reversed and vacated. One justice found the canons at issue unconstitutional as applied.

  • Thomas Knight v. Chicago Tribune, et al. 2005

    (State Court Cook County, Illinois)

    Libel case against The Chicago Tribune in Cook County, Illinois. The jury ruled for Mr. Babcock's clients, the defendants, in the first libel trial for The Tribune in over 40 years.

  • O'Grady v. Twentieth Century Fox 2004

    (U.S. District Court – Texarkana)

    Misappropriation claim in federal court in Texarkana regarding the movie Behind Enemy Lines. Mr. Babcock represented the defendant. The case settled after jury selection.

  • Texas Disposal Systems Landfill, Inc. v. Waste Management Holdings, Inc., et al. 2003

    (State Court Travis County)

    Antitrust, fraud, defamation, and business disparagement claims tried to a jury for four weeks resulting in a defense verdict. Mr. Babcock represented the Defendants.

  • EDS v. ACS 2003

    (State Court Dallas County)

    Temporary injunction hearing regarding covenant not to compete. Court denied injunction vindicating Mr. Babcock's client.

  • Petris Petroleum v. SAIC 2002

    (State Court Harris County)

    Breach of fiduciary duty case where Mr. Babcock represented the defendant. The case settled in the second week of trial.

  • Paul Natkin et al. v. Oprah Winfrey, et al. 2000

    (U.S. District Court – Chicago)

    Defended Oprah in a copyright infringement lawsuit in federal court in Chicago. The case settled during a jury trial.

  • Procter & Gamble v. Amway, et al. 1999

    (U.S. District Court – Houston)

    Lanham Act and other claims tried to a federal court jury in Houston. Mr. Babcock's client, Amway, was awarded a directed verdict at the close of the case.

  • Texas Beef Group, et al. v. Oprah Winfrey, et al. 1998

    (U.S. District Court – Amarillo)

    Product disparagement and defamation case tried to a jury where the jury ruled for Oprah, Mr. Babcock's client.

  • Sylvester Turner v. KTRK-TV, et al. 1996

    (State Court Harris County)

    Jury verdict for Plaintiff in libel case. Reversed on appeal.

  • Texans Against Censorship v. State Bar of Texas 1995

    (U.S. District Court – Tyler)

    First Amendment challenge to new regulations on lawyer advertising. The case was tried and some regulations were held unconstitutional while others were upheld. The case was settled on appeal. Mr. Babcock represented some of the Plaintiffs.

  • Southwest Manufacturers, Inc. v. Beverage Business Systems 1991

    (U.S. District Court – Fort Worth)

    Slander case against speakers bureau and book publisher tried to a jury with a defense verdict in federal court in Fort Worth.

  • Summit Healthcare v. Mitchell Moriber 1990

    (U.S. District Court – Lubbock)

    This was a service mark infringement case where Mr. Babcock represented the Plaintiff in a trial before a jury. The case settled while the jury was deliberating.

  • Hartman Newspapers v. Willis Webb 1990

    (State Court For Bend County)

    This suit involved the alleged breach of a covenant not to compete. An interlocutory appeal was taken regarding injunctive relief. Case settled following appeal.

  • Thaddeus Michael Lockhart v. Lynaugh 1989

    (U.S. District Court – Dallas)

    This was a civil rights suit where Mr. Babcock was appointed by Judge Higginbotham to represent the petitioner. The trial court denied relief and the case was appealed to the United States Court of Appeals for the Fifth Circuit. The Fifth Circuit's opinion is not published.

  • Southmark Corporation v. Life Investors and USLICO Corporation 1988

    (U.S. District Court – Dallas)

    Dismissal of claims of breach of contract, tortious interference with contract affirmed on appeal. Mr. Babcock represented the Plaintiff.

  • Kneeland v. NCAA et al. 1987

    (U.S. District Court – Austin)

    This was a suit under the Texas Open Records Act and the First Amendment tried to the Court. Mr. Babcock represented several of the Plaintiffs.

  • Bessent v. Times Herald Printing Co. 1986

    (State Court Dallas County)

    Mr. Babcock represented the Defendants who obtained a jury verdict after a summary judgment for Defendants was reversed and the case was remanded for trial.

  • Hutchins v. Poe 1985

    (State Court Dallas County)

    Lead counsel representing Plaintiffs in a fraud, Deceptive Trade Practices, and lender liability suit involving a drilling company client. The case was tried to a verdict after four weeks of testimony.

  • CASES RESOLVED JUST PRIOR TO TRIAL

  • Paul Bradshaw v. MBANK, Emerald Air, et al. 1990

    (U.S. District Court – Dallas)

    This was a lender liability case. Mr. Babcock represented the Plaintiff who settled shortly before trial.

  • Dean Lee Elliott v. James Denton, et al.

    (State Court Dallas County)

    This was a medical malpractice case. Mr. Babcock represented the physician and the hospital. The case settled shortly before trial.

  • Hilltower Inc., et al. v. United States Department of the Navy 1993

    (U.S. District Court – Fort Worth)

    This was a tort claim against the U.S. Navy. A U.S. Navy jet collided with a broadcast tower owned by two of the network affiliates in Dallas, Texas. Mr. Babcock represented the Plaintiff. The case was settled shortly before trial.

  • Matthews v. Wozencraft 1994

    (U.S. District Court – Sherman)

    This case involved a claim of libel and invasion of privacy by misappropriation against Mr. Babcock's client, Kim Wozencraft, an author, and her publisher, Random House. The trial court granted summary judgment for the defendants and the case was affirmed on appeal in a case of first impression. The appellate decision is reported at 15 F.3d 432.

  • United States v. Dianne M. Muhlenkamp

    (U.S. District Court – Brownsville)

    This was a criminal prosecution against a Catholic nun, Catholic lay-worker, and a reporter for the Dallas Times Herald. Mr. Babcock represented the reporter who avoided indictment.

  • Maranatha! Music v. Word, Inc. and Capital Cities/ABC, Inc. 1993

    (U.S. District Court – Waco)

    This was an antitrust suit and breach of distribution agreement case settled shortly before trial.

  • Satellite Music Network v. Donrey Media, Inc.

    (U.S. District Court – Dallas)

    This case was a jury trial in federal court involving a breach of a network agreement. Mr. Babcock represented the defendant. The case was settled prior to final judgment.

  • Miller v. TransAmerican Press 1989

    (U.S. District Court – Fort Worth)

    The case involved a speech and debate clause of the federal constitution.

  • Carver Dan Peavy v. New Times, Inc. and Peter Elkind 1997

    (U.S. District Court – Dallas)

    This was a suit regarding publication of allegedly illegal wiretap. The court found the statute unconstitutional as applied to the defendant. The decision is reported at 976 F.Supp. 532 (N.D. Tex. 1997).

Admitted
  • Texas, 1977
  • 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 District Court for the Western District of Michigan
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States Supreme Court
Education
A.B., Brown University
    J.D., Boston University School of Law
    • Executive Editor, Boston University Law Review
    Publications & Speaking Engagements
    Mr. Babcock is a frequent speaker and writer on trial tactics and procedure. He also writes and speaks on issues affecting free speech and freedom of the press. Some of his articles include "The Role of Court and Jury In Libel Cases," 47 S. Tex. L. Rev. 325 (2005); "No-Citation Rules: An Unconstitutional Prior Restraint,," 30 Litigation 33 (Summer 2004); "Getting Your Message Across: Visual Aids and Demonstrative Exhibits in the Courtroom,," 27 Litigation 41 (Spring 2001); "Texas Supreme Court Considers Abolishing Unpublished Opinions,," The Houston Lawyer 22 (Sept./Oct. 2001); "Allegedly Criminal Newsgathering and First Amendment Due Process,," LDRC, (2002); and "Of and Concerning Real People and Writers of Fiction,," 7 COMM/ENT L.J. 221 (1985).

    News