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Charles Hosch

Member
Office

Dallas

901 Main Street
Suite 6000
Dallas, TX 75202
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Fax: 214.659.4050
Education
J.D., Harvard Law School, Cambridge, Massachusetts, 1983
A.B., cum laude, Harvard College, Cambridge, Massachusetts, 1980
State Bar Licenses
Texas
Court Admissions
U.S. District Ct., E.D. of Texas
U.S. District Ct., N.D. of Texas
U.S. District Ct., S.D. of Texas
U.S. District Ct., W.D. of Texas
U.S. Court of Appeals, 5th Circuit
U.S. Court of Appeals, Federal Circuit

Charles Hosch

Member

Charles M. Hosch is a privacy, data management and cybersecurity lawyer with more than 30 years' experience in both business transactions and commercial litigation. He is a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals.

Charles handles all aspects of data and technology, including development, analysis, use, licensing and global outsourcing, together with advice on due diligence, minimizing costs and risks, and litigation as necessary. He has long experience protecting trade secrets and clients' business, personal, and financial privacy. He has written and litigated software development agreements for developers and customers, representing both plaintiffs and defendants. Charles advises on cybersecurity, and guides clients in escalating cyber breach responses.

Throughout his career, Charles has protected trademarks and trade dress, copyrights, rights of publicity, "know-how," and other intellectual property rights through registration, enforcement, and other means, as well as certain patent transactions and litigation.

Charles' practice has continually included clearing and defending advertising, marketing and promotion, and product labeling; guidance on FTC and statutory regulation of trade practices; and business tort litigation, including tortious interference, false advertising, commercial disparagement, common-law misappropriation, RICO, fraud, the Computer Fraud and Abuse Act, digital misappropriation, and now "cyber torts."

Charles serves as outside general counsel to middle-market businesses, some of whom he has represented for more than 30 years and two generations. He has written and negotiated hundreds of complex business agreements, across dozens of industries.

Since 1991, Charles has served as a mediator resolving many complex, emotional business disputes. He has litigated business cases throughout his career, including many involving extraordinary remedies. In a time when many business litigators lack first-chair trial experience, Charles has successfully tried "bet the company" matters which the clients could not afford to lose.

Charles teaches the course on Trade Secrets and Business Torts at SMU Dedman School of Law, where he has taught continually since 1991. From 1997-2015, he co-taught Trademarks and Business Torts. He is a frequent CLE speaker and author.

EXPERIENCE

PRIVACY, TECHNOLOGY, CYBERSECURITY

  • Wrote the principal agreements for the most widely-used Framework for Cybersecurity Assessment in the healthcare industry
  • Successfully negotiated agreements for data analytics, in-coming and out-going technology licenses, outsourcing for services and to the Cloud, GRC, GDPR cross-border data transfer, CRADA, and others
  • Successfully conducted forensics investigations and responses to suspected breach
  • Assisted technology-based and other businesses from start-up to successful launch

BUSINESS TRANSACTIONS

  • Served as general counsel to middle-market businesses continually over decades, with minimal litigation, over two generations of owners and management
  • Wrote, negotiated and concluded complex licenses and other contracts in manufacturing, sales and distribution, servicing, and dozens of other industries
  • Assisted numerous clients in concept and product development

INTELLECTUAL PROPERTY

  • Successfully defended nationally-known radio station, national chain of auto dealerships, and national manufacturer in serious trademark, false advertising, and copyright lawsuits
  • Resolved serious trade secret and false advertising lawsuit on favorable terms, without involving the client's customers
  • Handled all intellectual property issues involved in large corporate asset sales, purchases, and financings
  • Helped clients grow and manage complex, valuable portfolios of all types of intellectual property over time

LITIGATION

  • Successfully tried "bet the company" injunction and damages matters which the clients could not afford to lose
  • Extricated client from a hostile partnership on favorable terms, without litigation
  • Prosecuted defamation action against a national tabloid newspaper to successful conclusion, without further unwanted publicity
  • Coordinated scores of counterfeiting investigations and seizures, with extraordinary relief from state and federal courts

Presentations

  • Protecting Your Ideas: Intellectual Property Law for the Entrepreneur, SMU Cox School of Business (2000-present)
  • A Tour of Intellectual Property Law, With Detours, Executive MBA Program, Baylor School of Business
  • Step Right Up: Trends, Tricks and Traps in Advertising Law Today, American Corporate Counsel Association (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)
  • Co-presenter. International Trademark Protection: Current Developments, Practical Tips and the Madrid Protocol, International Franchise Association Legal Symposium (May 2002)
  • Advice of Counsel: Things Every Client Ought to Know, 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 (June 2000)
  • Finding the Cash to Grow Your Company, Strasburgeræ& Price, LLP and SMUæCox School of Business (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, The 1995 Intellectual Property Symposium (October 1995)

Publications

  • SEC Updates Guidance on Cybersecurity Disclosures, Strasburger Intellectual Property Law Blog (February 2018)
  • Co-author. The Patent Infringement Litigation Handbook: Avoidance and Management, ABA Publishing (2010)
  • Business Torts, SMU Law Review Annual Survey of Texas Law, 56 SMU L. Rev. 1171 (Summer 2003); 57 SMU L. Rev. 629 (Summer 2004); 58 SMU L. Rev. 579 (Summer 2005); 60 SMU L. Rev. 713 (Summer 2007) (co-author L. Becker); 61 L. Rev. 589 (Summer 2008); 62 SMU L. Rev. 905 (Summer 2009) (co-author L. Becker); 63 SMU L. Rev. 629 (Summer 2010) (co-author L. Becker); 64 SMU L. Rev. 87 (Summer 2011) (co-author L. Becker); 65 SMU L. Rev. 315 (Spring 2012) (co-authors L. Becker and K. Hodgman)
  • Sorriness in the Marketplace: Cases and Materials on Business Torts, Trademarks and Business Torts Course, SMU Dedman School of Law
  • Co-author. Built to Last: Copyright in Architectural Works, State Bar of Texas Construction Law Section Annual Institute (2011)
  • Co-author. Copyright in Multimedia: Or, How We Learned to Stop Worrying and Love the Copyright Act, Graduate Class in Education, SMU School of Education (2010)
  • Chapter Co-author. Intellectual Property in Bankruptcy, Norton on Bankruptcy (1993)

Media

  • Social Media Threats & The First Amendment, KRLD-TSN-CBS Radio Dallas (December 2014)
  • Feds Sue AT&T Over Mobile Customer Data, NBC5 DFWæ(October 2014)
  • Who Needs Hackers? AT&T Says Customer Info Stolen - By an Employee, WAOI 1200 News Radio (October 2014)
  • Nokia Sues Apple, Claims iPhone Infringes on Patents, USA TODAY (October 2009)
  • Motorola Sues Aruba for Infringing WLAN Patents, eCommerce Times Article (August 2007)
  • The Future of Wireless, CNBC Power Lunch (July 2007)
  • Patents: Chipmakers at the White House Door, BusinessWeek (July 2007)
  • Google Asks DOJ To Watch Microsoft, CIO TODAY (June 2007)
  • LG Answers Hitachi Patent Suit With Counterclaim, eCommerce Times (June 2007)
  • What's Behind Google's Sneak Attack Against Microsoft?, Ecommerce Times (June 2007)
  • Say 'Bon Vonage' To Web Phone Service?, Financial Week (May 2007)
  • Microsoft Prevails In Patent Case, San Antonio Express-News (May 2007)
  • Vonage Takes Another Blow As Its CEO Steps Down, USA Today (April 2007)
Awards/Achievements
Named among The Best Lawyers in America - Litigation-Intellectual Property by Best Lawyers (2018)
Named as a Texas Super Lawyer by Thomson Reuters (2003-2005, 2007)
Membership
State Bar of Texas, Intellectual Property Section
International Trademark Association, Member
American Arbitration Association, Panel of Mediators
SMU Dedman School of Law, Adjunct Faculty
Texas Bar Foundation, Fellow
International Association of Privacy Professionals, Member