Copyrights
Entertainment & Media
Sweepstakes & Contests
Domain Name Disputes
Post-Judgment CollectionsCase:Armour v. Knowles
Won a summary judgment dismissing a copyright infringement lawsuit brought against Beyoncé, Sony BMG and the co-writers and publishers of “Baby Boy.” The court found that Beyoncé’s Grammy Award-winning song “Baby Boy” did not infringe the plaintiff’s copyright. The decision was affirmed on appeal in all respects. Armour v. Knowles, 2006 WL 2713787 (S.D. Tex. filed Sep 21, 2006), aff’d, 512 F.3d 147 (5th Cir. 2007) (per curiam).
Case:Civil Rights Case
Won the dismissal of a client from a $30 million Civil Rights Act race discrimination suit when federal court granted the client’s motion to dismiss.
Case:Music Industry Case
Settled a $15 million lawsuit brought against a music industry client within weeks of the case being filed. The client paid nothing to settle the case, and the plaintiffs released all of their claims against the client.
Case:Music Industry Case
Represented Grammy Award-winning recording artist in royalty dispute with record label. Procured payment of all unpaid royalties owed by label to client.
Case:Gateway Logistics v. Dangerous Goods Management Australia Pty Ltd.
Established personal jurisdiction over Australian defendants who sent defamatory emails to Texas client. Gateway Logistics Group, Inc. v. Dangerous Goods Management Australia Pty, Ltd., 2006 WL 314441 (S.D. Tex. filed Feb 9, 2006) (establishing jurisdiction over Australian defendants)
Case:In re Mousa
Obtained reversal of trial court judge’s ruling removing client’s lis pendens against a parcel of real property. In re Mousa, 2004 WL 2823172 (Tex. App.—Houston [1st Dist.] filed Dec 9, 2004)
Case:Energy Industry Case
Case involving interpretation of arbitration clause in unique factual pattern. Covington v. Aban Offshore Ltd., 650 F.3d 556 (5th Cir. 2011)
Case:Construction Industry Case
Boss Mgmt. Servs. v. Acceptance Ins. Co., 2007 U.S. Dist. LEXIS 69666 (S.D. Tex. Sep. 19, 2007)
Case:Governmental Immunity Case
Wilson v. Barcella, 284 Fed. Appx. 210 (S.D. Tex. July 10, 2008)
Case:Insurance Industry Case
Pendergest-Holt v. Certain Underwriters at Lloyd’s of London, 751 F.Supp.2d 876 (S.D.Tex. 2010)
Case:Commodities Fraud Case
Representation of defendant alleged to have violated commodities fraud laws. US Commodity Futures Trading Com’n v. Johnson, 408 F. Supp. 2d 259 (S.D. Tex. 2005)
Case:Bridgeport Music v. Still N-The Water Publishing
Won the dismissal of music publisher client in a copyright infringement in a Tennessee case involving allegations of music sampling. In a per curiam opinion adopting the “stream of commerce plus” test for personal jurisdiction (the position advocated on behalf of my client), the Sixth Circuit Court of Appeals upheld the trial court’s decision. Bridgeport Music, Inc. v. Still N-The Water Publishing, 327 F.3d 472 (6th Cir.) (per curiam), cert. denied, 540 U.S. 948 (2003).
Case:Real Estate Case
Southwest Invs. Diversified, Inc. v. Estate of Mieszkuc, 171 S.W.3d 461 (Tex. App.–Houston [14th Dist.] 2005)
Case:Construction Industry Case
Duke v. Caterpillar, Inc., 2005 WL 568071 (Tex. App.—Houston [1st Dist.] filed Mar 10, 2005)
Case:Construction Industry Case
Hartney v. Mustang Tractor & Equip. Co., 2004 WL 86140 (Tex. App.—San Antonio filed Jan. 21, 2004)
Case:Civil Procedure Case
Ingram Industries, Inc. v. U.S. Bolt Mfg., Inc., 121 S.W.3d 31 (Tex.App.—Houston [1st Dist] 2003)
Case:Music Industry Case
Bridgeport Music, Inc. v. 11C Music, 202 F.R.D. 229 (M.D. Tenn. 2002)
Case:Telecom Industry Case
Taylor Communications Group, Inc. v. Southwestern Bell Telephone Co., 172 F.3d 385 (5th Cir. 1999)
Case:Domain Name Disputes
Representation of Valero Energy Corporation in an early domain name dispute case resulting in the transfer of <valeroenergy.com> to my client. Valero Energy Corp. v. American Distribution Systems, Inc., WIPO Case No. D2001-0581 (2001)
Case:Allen v. Destiny’s Child
Represented Destiny’s Child, Beyoncé, Kelly Rowland, Michelle Williams, Sony Music Entertainment, EMI Blackwood, McDonald’s Corporation, and the songwriters publishing companies in a case filed a plaintiff who alleged that Destiny’s Child’s hit song “Cater 2 U” infringed the plaintiff’s song by a similar name. Disposed of all but one of the plaintiff’s claims on summary judgment with the case later resolving prior to trial.
Case:Yesh Music v. Lakewood Church
Represented Lakewood Church, Joel Osteen and Victoria Osteen in copyright infringement where plaintiff alleged that Lakewood used certain music in a manner that exceeded the scope of a license. Yesh Music v. Lakewood Church, 727 F.3d 356, 107 U.S.P.Q.2d 1954 (5th Cir. 2013).
Case:Telecom Industry Case
When an incumbent local exchange carrier (“ILEC”) threatened to terminate competitive local exchange carrier client’s telecommunications and Internet lines in violation of the parties’ interconnection agreement, secured temporary restraining order preventing the ILEC from disconnecting lines. Case settled in client’s favor within 14 days of TRO being signed.
Case:Aviation Industry Case
In representing a client in the aviation industry, obtained a permanent injunction against the client’s former president who started competing domestic and foreign companies using the client’s trademarks, trade dress, and trade secrets.
Case:Gateway Logistics Group v. Dangerous Goods Management Pty Ltd.
Represented logistics company in prosecuting a defamation case against an Australian company and its owners. Gateway Logistics Group, Inc. v. Dangerous Goods Management Australia Pty, Ltd., 2008 WL 1883914 (S.D. Tex. filed Apr 25, 2008) (establishing defamatory nature of statements)
Case:Information Broker Systems v. Southwestern Bell Tel. Co.
Obtained a precedent-setting ruling on behalf of an Internet service provider client against Southwestern Bell Telephone Co., Inc., in a case in which the Texas Public Utility Commission interpreted the Public Utility Regulatory Act’s Customer Disconnect Rules in a case of first impression. Information Broker Systems v. Southwestern Bell Tel. Co., 2000 WL 33599091 (Tex. P.U.C. 2000)
Case:Visual Arts Case
In a case under the Visual Artists Rights Act of 1990, forced the entry of a consent decree, judgment, and permanent injunction against a defendant who infringed the client’s rights in certain cast glass sculptures.
Case:Maritime Case
Arrest and seizure of marine vessel (commercial shrimping boat) on behalf of financial services client. Execution of Martime Arrest Warrant with U.S. Marshal’s Service resulting in the foreclosure of the client’s preferred ship mortgage to collect the unpaid debts.
