GeoTag Inc. v. Gucci America, Inc., et al., Eastern District of Texas, 2010
Defended HRsmart and its customers against GeoTag in a major patent infringement case in the Eastern District of Texas involving job locater technology against hundreds of defendants and successfully negotiated a settlement after months of litigation.
Strange v. HRsmart, Inc., et al.
Obtained summary dismissal of claims against company by former employee alleging invasion of privacy related to company's use of employee's Facebook profile on litigation pleading. Obtained affirmance of dismissal before the Fifth District Court of Appeals.
Argo Data Res. Corp. v. Shagrithaya, 380 S.W.3d 249 (Tex. App.—Dallas Aug. 29, 2012, pet. filed)
Obtained reversal and rendition of take-nothing judgment in favor of corporate client on appeal of alleged shareholder oppression claim in which trial court had ordered that corporation be caused to issue an $85 million dividend.
Nelson v. D Magazine Partners, LP, 377 S.W.3d 824 (Tex. App.—Dallas 2012)
Obtained summary judgment on First Amendment and statutory defenses in lawsuit alleging libel libel per se, republication, defamation, tortious interference with employment, and intentional infliction of emotional distress against magazine publisher, author, and current and former police officers. Prevailed on appeal in the Fifth District Court of Appeals.
Indiana Charitable Trust v. Trevor Rees-Jones
Successfully represented oil and gas entrepreneur in federal court lawsuit alleging fraud-based claims based on redemption of LLC membership interests. Obtained dismissal of all claims on personal jurisdiction grounds.
Murphy v. Reynolds, 2011 WL 4502523 (Tex. App.-Fort Worth Sept. 29, 2011)
Represented the author of a financial newsletter who was found not liable under Texas Securities Act to a subscriber who claimed to have lost money in the market based on the author's advice.
Baisden v. I’m Ready Productions, Inc., 693 F.3d 491 (5th Cir. 2012), cert. denied, 568 U.S. _____ (U.S. March 18, 2013)(No. 12-803)
Complete defense victory, including declaratory judgment and substantial award of costs after nine-day federal court jury trial in lawsuit brought by nationally syndicated radio host and book author against production company, DVD distribution company, and national promoter. The Plaintiff had asserted claims for copyright infringement, unfair competition by misappropriation, breach of contract, civil conspiracy, and tortious interference with business relations. Prevailed on appeal before the Fifth Circuit Court of Appeals and responded to Petition for Writ of Certiorari to United States Supreme Court, obtaining denial of petition and final affirmance of verdict in favor of clients.
Arisma Group, LLC v. Marksmen, Inc., et al.
Obtained summary judgment on behalf of domain name investigations and acquisitions company in federal lawsuit alleging fraud and negligent misrepresentation in a domain name acquisition transaction and seeking $6 million in damages.
General Solutions, LP v. Speco Technologies
Represented plaintiff in copyright infringement lawsuit regarding DVR software.
First Amendment Litigation - Financial Publisher
Obtained summary judgment for financial publisher over alleged violations of federal and state securities laws to secure First Amendment right to provide general investment advice in investment newsletters. Reynolds v. Murphy,
188 S.W.3d 252, (Tex. App. - Fort Worth 2006, pet. denied).
Have pursued multiple ACPA and related domain name and trademark infringement claims for Fortune 5 company against cybersquatters.
Software Implementation Litigation
Have represented both software providers and customers in complex disputes over implementations of software.
Tandy Leather Factory, Inc. v. W. Alboum Hat Co.
Represented designer of leather craft supplies in copyright infringement lawsuit regarding decorative buckles and conchos.
Partnership Litigation -- Energy
Pursuing claims against Russian partnership regarding ownership of Russian oil interests.
Successful Defense of Cendant and Avis in Copyright Case
Overcoming significant adverse rulings, Haynes and Boone lawyers won a copyright infringement lawsuit in which the plaintiff sought more than $90 million in damages from Cendant Corporation and Avis Holdings, stating that the Cendant and Avis had benefited from use of a software program he had created prior to beginning employment with the company. The court found that the plaintiff had actually created the program while working for the client, that no infringement took place and no damages would be awarded. (Wood v. Cendant Corporation and Avis Holdings Group, Inc.,
2006 WL 2045839 (N.D. Okla.).
Reynolds v. Murphy, 188 S.W.3d 252 (Tex. App. - Fort Worth 2006, pet. denied)
Obtained the first appellate opinion in Texas protecting the First Amendment rights of a newsletter publisher and author to publish general investment advice.
Libel Defense Litigation
Have defended newspaper and magazine against multiple libel claims.
Wood v. Cendant Corp., Copy. L. Rep. (CCH) ¶29,252 (N.D. Okla. 2006)
Through dispositive motion practice and post-trial briefing, assisted in obtaining a take-nothing judgment in an $80 million copyright infringement suit; successfully defended the judgment on appeal.
Real Estate Boundary Litigation
Defeating claims for injunctive relief on boundary dispute for major retailer and successfully arbitrating real estate valuation issues.
Billy Davis vs. The National Football League (Northern District of Texas)
Defeated copyright claims about television reality series against a major sports league.
Book Publishing Litigation
Arbitrating claims for lost book sales for author against book publishing company.
Carrot Ink ACPA Litigation
Enforcing e-commerce trademarks against alleged cybersquatters (Carrot Bunch Co., Inc. v. Computer Friends, Inc., 218 F.Sup. 2d 820 (N.D. Tex. 2002)).
Network Solutions ACPA Litigation
Securing summary judgment on claims that domain name registrar did not violate federal Anti-cybersquatting Consumer Protection Act of 1999 and Texas trademark anti-dilution statute (Lockheed Martin v. Network Solutions, Inc., 141 F. Supp. 2d 648 (N.D. Tex. 2001)).
Network Solutions ACPA Litigation
Enforcing e-commerce forum selection clause in a case of first impression in Texas (Barnett v. Network Solutions, Inc., 38 S.W.3d 200, (Tex. App. - V Eastland, pet. denied 2001)).
Barnett v. Network Solutions, Inc., 38 S.W.3d 200 (Tex. App. - Eastland 2001, pet. denied)
Successfully defended an appellate challenge to a judgment enforcing venue provisions in an online "click-wrap" agreement.
Trade Secret Litigation
Securing injunctive relief against employees to prevent their use of stolen trade secrets.
Software Copyright Litigation
Securing judgment regarding copyright ownership of software and pursuing infringers.
Summary Judgment Defense Victory: Minka v. Aloha
Haynes and Boone defended a ceiling-fan manufacturer - Aloha - that had been accused of infringing utility patents, design patents, trademarks, and copyrights for ceiling fan design and packaging. After extensive discovery - including depositions throughout Asia and the United States - Haynes and Boone secured a complete summary judgment victory for its clients.
Semiconductor Trade Secret Litigation
Represents a major international semiconductor-manufacturing company—Taiwan Semiconductor Manufacturing Company (“TSMC”)—in a trade-secret case pending in California state court. TSMC alleges that a Chinese competitor stole semiconductor-fabrication technology that it then unlawfully deployed in its business.
Shagitahya v. Martin and ARGO
Defense of claims of minority shareholder oppression and request for dividend from company to all shareholders.