Great on his feet, particularly when dealing with witnesses
Chambers USA 2009

Biography

In his 33 years as a trial lawyer Robert P. (Bob) Latham has distinguished himself in multiple areas.  He has developed nationally recognized expertise in the areas of media law and intellectual property litigation and chairs both practice areas at Jackson Walker.  At the same time, his trial practice involves 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.

Bob relishes and excels in the courtroom, and if a case cannot be resolved or disposed of in any other way he will be ready, willing and able to try it.  Bob believes that litigation is fluid and it is therefore important to stay in close communication with his clients to make sure that the objectives are clear at all times and that there is an efficient strategy in place for achieving them.


As well as a trial lawyer, Bob is a published author and columnist, and a much sought-after speaker nationally and internationally.  He has spoken on matters related to the rights of free speech, technology and intellectual property litigation, advocacy and litigation strategy, dispute resolution and sports – from Antwerp to Cape Town, Rio de Janeiro to Glasgow, and Florida to Seattle.  His publications sometimes take a humorous look at the legal profession.

Practice Experience

Bob’s media law practice has involved representation of international, national and local media clients at the trial court and appellate court level regarding the following matters:

  • Libel
  • Invasion of privacy
  • Newsgathering
  • Access to information
  • Prior restraints
  • Right of publicity
  • Pre-publication review

Intellectual property litigation

Bob has handled intellectual property litigation in jurisdictions from California to Massachusetts, from the International Trade Commission in Washington, D.C. to the four federal district courts within Texas. Those cases involve the following:

  • Patent litigation
  • Copyright litigation
  • Trademark litigation
  • Unfair competition
  • Trade secret disputes
  • Injunctions

His patent litigation cases have involved computer software and hardware, internet applications, consumer products, mechanical devices, chemical compositions, nutritional supplements, electronic devices, business methods and oilfield equipment, among others.

Probate litigation:

  • Will contests
  • Disputes over choice of personal representative
  • Disputes over removal or appointment of trustees
  • Disputes involving trusts
  • Representation of estates

Other types of litigation:

  • Complex commercial cases
  • Representation of financial institutions
  • Securities
  • Class actions
  • Employment
  • International disputes and arbitration
  • Entertainment litigation

Career Highlights

Spotlight

Newspaper Holdings, Inc., IntegraCare of Texas, LLC and Charlotte Patterson v. Crazy Hotel Assisting Living, Ltd., Crazy Hotel Assisted Living, GP, LLC, Leisure Life Senior Apartment Housing, II, Ltd. and Charles V. Miller, Jr., 416 S.W.3d 71 (Tex. App. – Houston [1st Dist.] 2013, pet. denied) – Defense of libel case against client IntegraCare.  Case of first impression on application of commercial speech exception to Texas anti-SLAPP law.  Court of Appeals entered a judgment granting dismissal of IntegraCare; trial court granted an award of attorneys’ fees in favor of IntegraCare in the amount of $123,859.00.

Representative Media Cases

  • 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.
  • 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.
  • 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)
  • Betty Wills and The Wills Ranch, Inc. v. NBC-5 KXAS Television, et al. (States District Court, Fort Worth, Texas 2011). Counsel for NBC in a defamation case involving the Fort Worth Mounted Patrol. Summary judgment granted in favor of NBC.
  • 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.

Representative Intellectual Property Cases

  • 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.
  • 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.
  • 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).
  • 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.
  • 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.

Representative Commercial/Probate/Employment Cases

  • 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.
  • 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), after which the case settled.
  • 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.
  • 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.

Community

  • Master of the Barbara M.G. Lynn Inn of Court
  • American Bar Association Forum on Communications Law, Governance Committee Member
  • Media Law Resource Center – Defense Counsel Section
    • Executive Committee Member
    • DCS President, 2013
  • United States Olympic Committee, Board of Directors, 2000-2004
  • USA Rugby
    • Board of Directors, 1994-2016
    • Chairman, 2006, 2014-2016
  • World Rugby (formerly International Rugby Board) Council, 2011-Present
  • World Rugby Executive Committee, 2011-Present
  • World Rugby Regulations Committee, Chairman, 2012-Present
  • North American Caribbean Rugby Association (n/k/a Rugby Americas North)
    • Executive Committee, 2007-Present
    • President, 2009-2013
  • Rugby Americas (formerly Pan American Rugby Association), Vice President, 2012-Present
  • Dallas All Sports Association
    • Board of Directors 1997-Present
    • President, 2005

News & Events

  • News & Publications
  • Speeches
  • Attorney News

    Bob Latham Speaks on Privacy at Media Law Conference in London

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  • Spotlight

    Virginia Law School Announces 28th Recipient of Jackson Walker LLP Award

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  • Attorney News

    53 Jackson Walker Attorneys Named to 2017 ‘Texas Super Lawyers’ List

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  • Client Results

    Jackson Walker Obtains Federal Circuit Win in Cronos Patent Suit

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  • Attorney News

    Best Lawyers in America Recognizes 94 Jackson Walker Attorneys

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  • Attorney News

    Ten Jackson Walker Attorneys Named ‘2018 Lawyers of the Year’

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  • Publication

    Of Free Speech and Thick Skin

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  • Publication

    Bob Latham Talks “Twibel” in Lawyer Monthly

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  • Publication

    JW Media | VIA ePostcard – January 2017

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  • Mentions

    Law360 Ranks Jackson Walker Patent Case Among “Top AIA-Related Decisions Of 2016”

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  • Events

    First Amendment Panel Hosted by Jackson Walker

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  • Publication

    JW Media | VIA ePostcard – December 2016

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  • Attorney News

    Bob Latham Chairs Panel Discussion at Sports Integrity Forum in London

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  • Publication

    The Youth of the World | Bob Latham

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  • Attorney News

    Jackson Walker Congratulates its 54 Attorneys Added to ‘2016 Texas Super Lawyers’ List

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  • Attorney News

    Dallas Partner Bob Latham Chairs the World Rugby Sanction Review Conference, Judicial Review Working Group

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  • Client Results

    Jackson Walker Attorneys Win Summary Judgment on Patent Infringement

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  • Attorney News

    Bob Latham Reelected to World Rugby Executive Committee

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  • Publication

    JW Media | VIA ePostcard – April 2016

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  • Publication

    Out-of-Office Responses: Really?

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  • Events

    Bob Latham Participates in TEAMS 2015 Conference & Expo Panel Discussion on ‘Bringing International Sporting Events to the United States’

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  • Attorney News

    JW Partner Bob Latham is Part of Significant Announcements as Chair of USA Rugby

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  • Publication

    JW Media | VIA ePostcard – September 2015

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  • Client Results

    Jackson Walker Wins Victory for Client Under Texas Anti-SLAPP Statute

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  • Publication

    JW Media | VIA ePostcard – August 2015

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  • Spotlight

    Jackson Walker Congratulates Its Best Lawyers in America 2016

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  • Press Releases

    Jackson Walker Honored as 50-Year Member of Austin Chamber of Commerce

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  • Press Releases

    Bob Latham to Speak on “Risk Management for a Newsroom in Crisis”

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  • Client Results

    Bob Latham Quoted in ‘Texas Lawyer’ on Anti-SLAPP Victory

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  • Client Results

    Jackson Walker Obtains Award for $124,000 in Attorneys’ Fees under Texas Anti-SLAPP Statute

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  • Press Releases

    Carl Butzer, Bob Latham, and Jason Reinsch Speak on Online and User-Generated Content

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  • Publication

    An Update on the Legal Implications of User-Generated Content: Facebook, YouTube, Twitter, and Instagram

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  • Publication

    Media Law Review: Volume V – A Review of Jackson Walker’s Media Law Practice

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  • Publication

    Media Law Review: Volume V

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  • Press Releases

    Stacy Allen, Bob Latham and Paul Watler Attend Texas Association of Broadcasters’ Awards Gala

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  • Press Releases

    Bob Latham Quoted in ‘NZ Rugby World’ on Upcoming Rugby Match

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  • Spotlight

    Jackson Walker Congratulates Its Best Lawyers in America 2015

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  • Attorney News

    Knowing What Works

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  • Spotlight

    The Top 10 People You Might See at a Patent Litigation Scheduling Conference in the Eastern District of Texas

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  • Press Releases

    Elaine Howard Speaks at 25th Annual Advanced Real Estate Drafting Course

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  • Press Releases

    Bob Latham Speaks at Sports and Entertainment Law Symposium

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  • Press Releases

    Bob Latham Speaks on Dale Hansen Show

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  • Press Releases

    Jackson Walker Wins Dismissal of Case Against ‘Big Rich Texas’ Star Bon Blossman

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  • Press Releases

    Bob Latham Quoted in ‘Law360’ on Texas Anti-SLAPP Law

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  • Publication

    Bob Latham Bulletin

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  • Press Releases

    Bob Latham and Amanda Zimmerman Featured in Law360

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  • Press Releases

    Jackson Walker Wins Appeals Court Victory in Case of First Impression Under Texas’ Anti-SLAPP Statute

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  • Press Releases

    Jackson Walker Recognized in “BTI Brand Elite” for Client Recommendations

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  • Press Releases

    Bob Latham Speaks at Commonwealth Law Conference

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  • Press Releases

    Bob Latham Named President of the MLRC Defense Counsel Section

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  • Publication

    The Role of “Character” in Libel Litigation

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  • Press Releases

    Bob Latham Publishes Book on ‘Winners & Losers’ in Sports

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  • Attorney News

    Bob Latham Presents the ‘International Rugby Hall of Fame’ Ceremonial Cap at IRB Hall of Fame Induction

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  • Press Releases

    Bob Latham Elected to International Rugby Board Executive Committee

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  • Publication

    The 10 Attorney Types in Joint Defense Groups

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  • Publication

    The Best of Bilski

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  • Publication

    Top Ten Tips For a Useful Mock Trial

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  • Publication

    Legal Implications of User-Generated Content: YouTube, MySpace, Facebook

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“Truth, Fact & Spin” News Seminar, The National Academy of Television Arts & Sciences Lone Star Chapter, August 2017

ABA Forum on Communications Law, “Hot Issues in Libel and Privacy,” Naples, Florida, February 2016

KU School of Law; Media and the Law Seminar, “Risk Mitigation for a Newsroom in Crisis,” Kansas City, Missouri, April 2015

ABA Forum on Communications Law, “Hot Issues on the Internet and Data Privacy,” Aventura, Florida, February 2014

ABA Forum on Communications Law, “Hot Issues in Internet Law,” Dana Point, CA 2013

ABA Forum on Communications Law, “Hot Issues in Ethics,” Orlando, FL 2012

Houston Bar Association, “Protecting American Free Speech When Publication is Global – An Update on International Libel Law,” 2010

NAA/NAB/Media Law Resource Center Conference, “Privacy, Publicity and Use and Protection of Data,” Chantilly, VA 2010

Southwest Broadcast Newsroom Workshop, “Newsroom Legal Issues,” Southern Methodist University, Dallas, TX, October 2009

ABA Forum on Communications Law, “Hot Issues in Libel and Privacy,” Scottsdale, AZ 2009

NAA/NAB/Media Law Resource Center Conference, “Trial Tales” and “Content Gathering,” Chantilly, VA 2008

NAA/NAB/Media Law Resource Center Conference, “Access and Subpoenas,” Alexandria, VA 2004

Faculty, ABA Forum on Communications Law, Scottsdale, AZ 2003

Bob also testified on multiple occasions before the Texas Legislature in support of the Free Flow of Information Act – a law that was passed in 2009.

ABA IP Litigation Section Meeting; “Views from the Bench About IP Litigation Practice: A Conversation With Texas Judges, February 2015

The Top 10 People You Might See at a Patent Litigation Scheduling Conference in the Eastern District of Texas, IP Litigation Insider, April 2014

Legal Implications of User-Generated Content, 24th Annual Entertainment Law Institute, Dallas, TX, November 2014

Technologisch Instituut VZW – Antwerp, Belgium – “United States IP Litigation” – March 2011

The Eastern District of Texas Comes to New York, New York State Bar presentation, New York City 2007

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

Legal Aspects of the Film and Music Industries, Texas State Bar CLE on E-Copyright Issues, Austin, Texas 2002

“Rio 2016: Legal Hurdles Within the World’s Premier International Sporting Event,” University of Virginia School of Law, Charlottesville, VA, March 2016

“Trends in American Sports Arbitration and Jurisprudence,” Australian Bar Association, Washington, D.C., July 2015

“International Sporting Events: Challenges and Opportunities from a Lawyer’s Perspective” Globalaw Annual Meeting, Rio de Janeiro, Brazil, Nov. 2014

“The Evolving Landscape of College Athletics,” Texas Review of Entertainment and Sports Law Symposium, University of Texas Law School, Austin, Texas. Sept. 2014

“Choosing a Venue: Alternative Dispute Resolution in Professional Sports,” University of Virginia Sports and Entertainment Law Symposium, Charlottesville, Virginia, February 2014

“Protecting Financial Interests: Adding Value Through Legal Services.” University of Virginia Sports and Entertainment Law Symposium, Charlottesville, Virginia, February 2014

“Playing Fair? Sports Law in the Commonwealth,” Commonwealth Law Conference, Cape Town, South Africa 2013

Association of Corporate Counsel Annual Meeting; “Teaching New Dogs Old Tricks: Using Traditional Litigation Tools for Strategic Advantage,” Seattle, Washington 2008

International Trademark Association Annual Meeting; “Effective Legal Writing,” Boston, Massachusetts, May 2010