Robert P. Latham
In his 36 years as a trial lawyer Robert P. “Bob” Latham has distinguished himself in multiple areas. He has developed nationally recognized experience 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.
A.B., Stanford University
J.D., University of Virginia School of Law
United States Supreme Court
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Fifth and Eleventh Circuits
United States District Court for the Northern, Southern, Eastern and Western Districts of Texas
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 witness.
- 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.
- The Best Lawyers in America (Woodward/White Inc.), 2007-2020
- Lawyer of the Year in Sports Law, 2018
- First Amendment Law
- Commercial Litigation
- Litigation – First Amendment
- Litigation – Intellectual Property
- Litigation – Patent
- Sports Law
- Super Lawyer, Super Lawyers by Thomson Reuters, 2007-2019
- Chambers USA: America’s Leading Lawyers for Business, 2009
- Ranked for Litigation: General Commercial – Texas
- Noted, “Social Media Councils: From Concept to Reality,” Stanford University’s Global Digital Policy Incubator (Palo Alto, Calif., February 2019)
- Author, Winners & Losers: Rants, Riffs & Reflections on the World of Sports (October 2012)
- Columnist, “Winners & Losers,” SportsTravel (January 2017-Present)
- “The Top 10 People You Might See at a Patent Litigation Scheduling Conference in the Eastern District of Texas,” IP Litigation Insider (April 2014)
- Bob testified on multiple occasions before the Texas Legislature in support of the Free Flow of Information Act, a law that was passed in 2009.
- “Oxford-Style Debate: Privacy Law Is Out Of Control,” Media Law Resource Center London Conference 2017 (London, September 2017)
- “Truth, Fact & Spin” News Seminar, The National Academy of Television Arts & Sciences Lone Star Chapter (August 2017)
- “Rio 2016: Legal Hurdles Within the World’s Premier International Sporting Event,” University of Virginia School of Law (Charlottesville, Virginia, March 2016)
- “Hot Issues in Libel and Privacy,” ABA Forum on Communications Law (Naples, Florida, February 2016)
- “Trends in American Sports Arbitration and Jurisprudence,” Australian Bar Association (Washington, D.C., July 2015)
- “Risk Mitigation for a Newsroom in Crisis,” KU School of Law Media and the Law Seminar (Kansas City, Missouri, April 2015)
- Moderator, “Views from the Bench About IP Litigation Practice: A Conversation With Texas Judges,” American Bar Association – Intellectual Property Litigation in Texas (February 2015)
- “International Sporting Events: Challenges and Opportunities from a Lawyer’s Perspective” Globalaw Annual Meeting (Rio de Janeiro, Brazil, November 2014)
- “Legal Implications of User-Generated Content,” 24th Annual Entertainment Law Institute (Dallas, Texas, November 2014)
- “The Evolving Landscape of College Athletics,” Texas Review of Entertainment and Sports Law Symposium, University of Texas Law School (Austin, Texas, September 2014)
- “Hot Issues on the Internet and Data Privacy,” ABA Forum on Communications Law (Aventura, Florida, February 2014)
- “Choosing a Venue: Alternative Dispute Resolution in Professional Sports” and “Protecting Financial Interests: Adding Value Through Legal Services,” University of Virginia Sports and Entertainment Law Symposium (Charlottesville, Virginia, February 2014)
- “Hot Issues in Internet Law,” ABA Forum on Communications Law (Dana Point, California, 2013)
- “Playing Fair? Sports Law in the Commonwealth,” Commonwealth Law Conference (Cape Town, South Africa, 2013)
- “Hot Issues in Ethics,” ABA Forum on Communications Law (Orlando, Florida, 2012)
- “United States IP Litigation,” Technologisch Instituut VZW (Antwerp, Belgium, March 2011)
- “Effective Legal Writing,” International Trademark Association Annual Meeting (Boston, Massachusetts, May 2010)
- “Protecting American Free Speech When Publication is Global – An Update on International Libel Law,” Houston Bar Association (2010)
- “Privacy, Publicity and Use and Protection of Data,” NAA/NAB/Media Law Resource Center Conference (Chantilly, Virginia, 2010)
- “Newsroom Legal Issues,” Southwest Broadcast Newsroom Workshop (Southern Methodist University, October 2009)
- “Hot Issues in Libel and Privacy,” ABA Forum on Communications Law (Scottsdale, Arizona, 2009)
- “Trial Tales” and “Content Gathering,” NAA/NAB/Media Law Resource Center Conference (Chantilly, Virginia, 2008)
- “Teaching New Dogs Old Tricks: Using Traditional Litigation Tools for Strategic Advantage,” Association of Corporate Counsel Annual Meeting (Seattle, Washington, 2008)
- “The Eastern District of Texas Comes to New York,” New York State Bar presentation (New York City, New York 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, Texas, 2007)
- “Access and Subpoenas,” NAA/NAB/Media Law Resource Center Conference (Alexandria, Virginia, 2004)
- Faculty, ABA Forum on Communications Law (Scottsdale, Arizona, 2003)
- “Legal Aspects of the Film and Music Industries,” Texas State Bar CLE on E-Copyright Issues (Austin, Texas, 2002)
- ARTICLE 19, International Board Member and Trustee, 2018-Present
- Master of the Barbara M.G. Lynn Inn of Court
- American Bar Association (ABA) Forum on Communications Law, Governance Committee Member
- American Bar Foundation, Texas Fellow, 2015-Present
- International Association of Defense Counsel, Member
- Media Law Resource Center – Defense Counsel Section
- Executive Committee Member
- DCS President, 2013
- United States Olympic Committee, Board of Directors, 2000-2004
- Texas Rugby Union Hall of Fame, Inductee, 2018
- 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
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:
- Invasion of privacy
- 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
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.
- 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
- Class actions
- International disputes and arbitration
- Entertainment litigation