Spear Marketing Inc. v. BancorpSouth Bank

Haynes and Boone defended ARGO Data Resource Corporation in a trade secrets case filed by Spear Marketing, Inc. (SMI), involving claims related to cash monitoring software. Spear Marketing contended that ARGO copied its software and written materials to create a competing cash management solution for major banks. ARGO removed the case to federal court on copyright preemption grounds, and after prevailing on SMI’s motion to remand the matter to state court, obtained a complete defense victory on summary judgment. SMI appealed the ruling to the Fifth Circuit Court of Appeals, and the Fifth Circuit fully affirmed the trial court’s rulings, making new law in the copyright preemption field in the process. ARGO is now seeking to recover its attorneys’ fees from SMI in the trial court.

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