Charles M. Hosch is a business and trial attorney, with wide experience both in complex business transactions and in litigation. He has particular expertise in helping clients grow and protect intellectual property portfolios in highly competitive environments.

Mr. Hosch handles growth, transactions and disputes over trade secrets, trademarks, ideas, advertising and copyrighted works. He also regularly handles transactions and litigation over technology development; licensing, and manufacturing; departing employees and start-up businesses; fair and unfair competition (including tortious interference, fair and false advertising, defamation, publicity rights, misappropriation, fraud, privacy, antitrust, and FTC trade regulation); new concept and product development, labeling; and marketing; and litigation over competition, contracts and patents, with extraordinary remedies as needed. Mr. Hosch is widely experienced in franchising, and represents mid-sized businesses across many industries including technology and software development, manufacturing, sales and distribution, transportation, printing, professional services, and publishing. He serves as outside general counsel for a number of mid-sized businesses, and has represented some clients for over twenty (20) years, with special attention to minimizing litigation.

Since 1991, Mr. Hosch has been a member of the American Arbitration Association’s Commercial Panel of Arbitrators. He has been appointed to serve as arbitrator to over 100 cases, and has served as sole arbitrator, panelist or chairman through final award in more than 20 matters, about half of which involved more than $1 million in controversy and which together have involved nearly $200 million in controversy. He also serves frequently as a mediator, and has successfully mediated many emotional and complex business disputes.

Since 1997, Mr. Hosch has taught as an adjunct Lecturer in Law at SMU Dedman School of Law, co-teaching the course each year on Trademarks and Business Torts (trade secrets; tortious interference; noncompetition covenants; false advertising; business defamation; FTC regulation; common law misappropriation).

Mr. Hosch presently serves as chair of Strasburger & Price’s Intellectual Property practice.

REPRESENTATIVE EXPERIENCE

Contentious Matters

Successfully defended nationally-known radio station, national chain of auto dealerships, and national manufacturer, in major trademark, false advertising and copyright litigation;

Resolved major trade secret and false advertising lawsuit on favorable terms, without involving the client’s customers;

Successfully tried copyright injunction and contract damages cases which the clients could not afford to lose;

Extricated client from a hostile, aggressive partnership on favorable terms, without litigation;

Prosecuted defamation action against a national tabloid newspaper to successful conclusion for client, without further, unwanted publicity;

Organized and conducted counterfeiting investigations and seizures, with coordinated, extraordinary relief from state and federal courts.

Transactions Matters

Handled all intellectual property issues involved in major corporate asset sales, purchases, and financings;

Helped clients grow and manage complex, valuable portfolios of all types of intellectual property over time;

Assisted technology-based and other businesses from start-up to successful launch, Assisted clients in product development;

Wrote, negotiated and concluded complex licenses and other contracts in technology transfer, manufacturing, sales and distribution, servicing, and many other industries;

Served as general counsel to mid-sized businesses continually over decades, with minimal litigation, over two generations of owners and management.

PUBLICATIONS AND PRESENTATIONS

Thiele, Blakeway & Hosch, The Patent Infringement Litigation Handbook: Avoidance and Management, ABA Publishing (2010).

Business Torts, Annual Survey of Texas Law, 60 SMU L.REV. ___ (to be published Summer 2007) (co-author with L. T. Becker); 58 SMU L.REV. 579 (Summer 2005); 57 SMU L.REV. 629 (Summer 2004); 56 SMU L.REV. 1171 (Summer 2003)

“Protecting Your Ideas: Intellectual Property Law for the Entrepreneur,” SMU Cox School of Business, Caruth Institute (twice annually, 2000-present)

“A Tour of Intellectual Property Law, With Detours” Executive MBA Program, Baylor School of Business (annually, 2002-present)

“Step Right Up: Trends, Tricks and Traps in Advertising Law Today,” American Corporate Counsel Association (Dallas-Fort Worth Chapter) (2007)

“Back to ‘Likely,’ But Only if You’re Really Famous: Federal Dilution Today,” SMU Symposium on Emerging Intellectual Property Issues (2007)

“Arbitration in the Entertainment World ,” Dallas Bar Association Entertainment and Sports Law Section (2002)

“Franchise Arbitration vs. Litigation: Practical Problems, Real Solutions,” DBA Franchise Law Section (2002)

“International Trademark Protection: Current Developments, Practical Tips and the Madrid Protocol,” International Franchise Association Legal Symposium, Washington, DC (co-presenter with W.A. Finkelstein) (May 2002)

“Advice of Counsel: Things Every Client Ought to Know,” MBA Program, University of Texas, McCombs School of Business (2001)

“I Know What You Had for Breakfast:: Privacy in eCommerce Today,” DBA Intellectual Property Section (2001)

“Unfair Advertising: Product Comparisons and Disparagement,” State Bar of Texas Advanced Business & Commercial Law (2001)

“Digital Risks, Digital Opportunities,” DBA Entertainment Law Study Group (2000)

“Protecting Trade Secrets in the Digital Age,” American Law Firm Association (2000)

“Making It Work Website Development, Hosting and Maintenance,” Franchising Update’s “E-Franchising Internet & Technology Conference, San Jose, CA (June 2000)

“Finding the Cash to Grow Your Company” (workshop co-presenter), Strasburger & Price, LLP and SMU Cox School of Business (Caruth Institute) seminar entitled “e-Startup: How to Launch The Next Great Internet Company” (April 2000)

“Sight, Smell and Taste: Pushing the Frontiers of Goodwill,” American Bar Association Patent, Trademark and Copyright Section (June 1996)

“The Seven Deadly Sins of Software Development Agreements,” Strasburger & Price, LLP and Price Waterhouse, LLP Seminar entitled “The 1995 Intellectual Property Symposium” (October 1995)

“Intellectual Property in Bankruptcy” (co-author with J.R. Fine), chapter in Norton on Bankruptcy (1993)

IN THE NEWS

"Nokia Sues Apple, Claims iPhone Infringes on Patents" by Leslie Cauley, USA TODAY, October 23, 2009

"Motorola Sues Aruba for Infringing WLAN Patents" by Erika Morphy, eCommerce Times Article, August 30, 2007

"The Future of Wireless," CNBC "Power Lunch", July 31, 2007

"Patents: Chipmakers at the White House door," by Ron Grover and Eamon Javers, BusinessWeek, July 2, 2007

"Google Asks DOJ To Watch Microsoft" by Jennifer LeClaire, CIO TODAY, June 26, 2007

"LG Answers Hitachi Patent Suit With Counterclaim" by Erika Morphy, eCommerce Times Article, June 18, 2007

"What's Behind Google's Sneak Attack Against Microsoft?" by Erika Morphy, Ecommerce Times Article, June 12, 2007

"Say 'Bon Vonage' To Web Phone Service?" by Matthew Scott, Financial Week Article, May 14, 2007

"Microsoft Prevails In Patent Case" by Sanford Nowlin, San Antonio Express-News, May 01, 2007

"Vonage Takes Another Blow As Its CEO Steps Down," by Leslie Cauley, USA Today Article, April 13, 2007

PROFESSIONAL AFFILIATIONS

Admitted, Texas; Admitted, U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas; Admitted, U.S. Court of Appeals for the Fifth and Federal Circuits; State Bar of Texas Intellectual Property Section; International Trademark Association; American Arbitration Association Panel of Arbitrators.

EDUCATION

Harvard Law School, J.D. 1983
Harvard College, A.B. (cum laude) 1980