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Munck Wilson Mandala lawyers are frequently interviewed by the news media on a wide range of legal issues. We are quoted in local and national print media, and appear on radio and television news broadcasts, sharing our insight on breaking news and important legal developments. The latest news items featuring our attorneys can be found here.

Please direct all media inquiries to Shannon Tipton at

Having been a USPTO examiner for 13 years, I am keenly aware, as are many of you, of the recent uptick in “random audits” by the USPTO. We have bad actors to thank for that – those who obtain US trademark registrations that fraudulently claim a mark is being used on goods and services. One of the USPTO’s reactions… [Read This Post]
Munck Wilson Mandala LLP attorneys leaned into the firm's emphasis on teamwork to guide major transactions and secure litigation wins that earned it a spot as a 2021 Texas Powerhouse, including a $2.3 billion technology acquisition and $85.9 million trade secret trial verdict. [Read This Post]
With the announcement that an effective vaccine to stop COVID-19 had been approved, some employers turned to their legal counsel and asked, “Can I force my employees to be vaccinated?” The short answer is “yes, with a few exceptions” but the inquiry should not stop there. The follow-up question may be even more important … “Should I force my employees to be vaccinated?” [Read This Post]
Austin area financial advisor Kurt J. Gunter has been sanctioned by FINRA after following an investigation by FINRA into Gunter’s sales practice abuses involving the repeated short term trading of unit investment trusts in customer accounts. Gunter who was previously affiliated with Stifel Nicolaus, and most recently, Wells Fargo Advisors, accepted a $10,000 fine and three-month suspension for recommending more… [Read This Post]
As an investor, you hopefully will have a well-researched and reputable financial advisor who has guided you through the markets and helped you make decisions that match your level of risk and meet your goals.  If you feel that an investment is not sound or you have reservations, always remember that you have the final say on how to invest your hard-earned money.  Do not let your… [Read This Post]
When it comes to investing, your time horizon is important. If you are a young parent who wants to save money for your kid’s college fund, your investing strategy will be much different from the 30-year-old who is single and for whom retirement is potentially decades away.  Your financial advisor should guide your investments based on your needs, what your long term and short-term goals are,… [Read This Post]
Like many endeavors in life, the more you research the more likely you will be happy with the results.  Whether you are buying a car, a boat, or a house, taking time to do research makes you more prepared during the purchasing process. With investing, there is a great deal of knowledge required to understand the markets and how stocks, bonds, and various investments work.  While… [Read This Post]
Thousands of UBS customers have lost significant sums after investing in UBS’ Yield Enhancement Strategy (“YES”). The program, managed by UBS advisors Matthew Buchsbaum and Scott Rosenberg through their “Flatiron Partners” practice group at UBS, relied on an “iron condor” options strategy using two spreads: one in which they sold calls and puts to generate premium income, and a second buy-side… [Read This Post]
As published on Law360 on May 7, 2020 -- Munck Wilson Mandala LLP has bolstered its complex litigation and dispute resolution team in Austin with a Duggins Wren Mann & Romero LLP partner experienced in advising high-profile clients in securities and complex litigation and prosecuting class actions. [Read This Post]
In the midst of the world-wide COVID – 19 pandemic, investors are beginning to realize the repercussions of our current situation not only impact (most importantly) the health and safety of their loved ones, but also their financial welfare and security. As markets become more and more volatile, many are likely noticing they are suffering losses in the financial marketplace, and in some instances, catastrophic… [Read This Post]
SBA PAYCHECK PROTECTION LOANS Permitted Uses of Loans Payroll Costs Includes (i.e., what was included in your loan amount calculation): gross employee compensation (e.g., salary, wages, commissions, cash tips, etc.) up to annualized compensation of $100,000; paid Personal Time Off (i.e., vacation, sick days, etc.) (but note exclusion below); severance payments; payment for group health benefits, including insurance premiums; retirement benefits;… [Read This Post]
By some estimates, Americans lose between $40 and $50 billion each year as a result of investment fraud.  Misconduct by stockbrokers, financial advisors, broker-dealers, registered investment advisors and other financial institutions are an unfortunate fact.  Most investors, however, don’t realize they have been victimized until markets come under stress and investors begin to ask questions of their “trusted advisors.” Most investors understand there is a… [Read This Post]
by Dan Venglarik, Mar. 23, 2020 Emerging technologies spawn new opportunities, but also require new thinking in ancillary fields such as law.  The growth in food delivery apps such as DoorDash®, GrubHub®, and Postmates® paved the way for so-called “ghost kitchens,” which in turn have necessitated new thinking about the legal needs for such enterprises. Ghost kitchens are retail foodservice enterprises… [Read This Post]
How to Choose a Patent Attorney Choosing a patent attorney to prosecute your patent is an important and complex decision. There are obvious factors to keep in mind, such as cost of the patent prosecution services and how experienced your attorney is. However, there are other key questions to keep in mind while selecting who you trust to handle the patent prosecution for your… [Read This Post]
The Legal Frontier of Data Who owns the intellectual property rights to data: the entity collecting it, or the entity creating it? Where does intellectual property law, privacy law, and labor law stand regarding data collection? The omnipresence of technology has allowed for the automation of data collection and has given businesses the ability to collect consumer data in unprecedented quantities and depths. Businesses once… [Read This Post]
Intellectual Property Issues and Trends: Fandom Intellectual property increasingly defines a company’s value and ability to grow and thrive. As such, careful management of intellectual property portfolios with an eye towards current changes and trends is necessary. Particularly among those working in entertainment industries, a notable social change is the rise of “fandom,” communities of fans who bond over a shared interest, such as… [Read This Post]
An Entrepreneur’s Guide to Intellectual Property Law Firms Entrepreneurs have a myriad of tasks to conquer as they begin their journey to launch a successful business. Too often in the chaos, protecting intellectual property is overlooked. When there’s so much to do, who wants to research intellectual property law firms? Some entrepreneurs avoid speaking to a knowledgeable IP attorney, thinking that… [Read This Post]
Opinion provides good case study on impact of recent amendments to Lone Star State anti-SLAPP statute by Shain Khoshbin SLAPP suits (Strategic Lawsuits Against Public Participation) have become part of court dockets in recent years by plaintiffs who sometimes are actually seeking to burden critics with the cost of legal defense to compel them to abandon their criticism. SLAPP… [Read This Post]
This article, written by managing partner William Munck, takes a look at client service. An attorney can provide excellent work product but if they don’t understand the value of service, they don’t understand business.  The lesson is that although work product and service are not the same thing, they should go “hand in glove.” [Read This Post]
Bill Munck, 54, is widely recognized as one of the leading intellectual property lawyers in Texas. During the past 20 years, he built a six-attorney Dallas boutique into a 65-lawyer firm that is one of the largest IP groups in Texas. [Read This Post]
In the mid-1990s, Bill Munck went on the hunt for the perfect place to set up a high-tech litigation firm. He was impressed with Texas’ low cost of living, high-quality public universities, and concentration of tech companies in the northern part of the state. It seemed like the right perch from which to attract clients who wanted their inventions protected. [Read This Post]
Shain Khoshbin and Robin Bechtold for Texas Lawyer, July 19, 2018. Breach-of-contract and fraudulent-inducement claims are ubiquitous in complex business litigation. However, when concurrently seeking relief for breach of contract and fraudulent inducement, the “devil’s in the details” as to how to prepare the jury charge. [Read This Post]
Law firm Munck Wilson Mandala prepared and prosecuted the patent issued as U.S. Patent No. 10,000,000 today by the U.S. Patent and Trademark Office.  The MWM IP team worked with firm client Raytheon and principal engineering fellow Joseph Marron on the underlying patent application.  The USPTO has dedicated a website to celebrate this significant milestone:… [Read This Post]
A group of Dallas lawyers from Munck Wilson Mandala made patent history Tuesday by securing a laser detection technology patent for Raytheon. It is the 10 millionth patent to be issued in the U.S. since George Washington issued the first in 1790 to Samuel Hopkins for potash, an ingredient used in fertilizer [Read This Post]
Dan Venglarik and Neil Ferrari for IPLaw360, March 2018. A recently filed petition for rehearing en banc, if granted, may open new arguments for applicants fighting subject matter eligibility rejections. Since Alice, a frustrating aspect of subject matter eligibility determinations for patent prosecutors has been the typically fact-free analysis by examiners. [Read This Post]
Shain Khoshbin, Munck Wilson Mandala partner, for Corporate Counsel March 22, 2017 "It is unfortunate when men cannot, or will not, see danger at a distance; or seeing it, are restrained in the means which are necessary to avert, or keep it afar off. ... Not less difficult is it to make them believe, that offensive operations, often times, is… [Read This Post]
Dan Venglarik, IP Partner, Munck Wilson Mandala Client Alert Still the pioneer in local patent rules, the Northern District of California recently adopted revised local patent rules adding a damages disclosure requirement. If enforced as stringently as the infringement and invalidity contention disclosure requirements, the damages disclosures may further facilitate early settlement of patent cases in that district. [Read This Post]
Audrey Mross, Employment and Labor senior partner, for RigZone, published December 13, 2016 For employers throughout the oil patch, misclassification of workers as independent contractors has morphed from an uneventful, everyday occurrence to a gaping hole that gives government agencies, trial lawyers and others the opportunity and the motivation to make employers’ lives miserable. Awareness of this changing legal and… [Read This Post]
Audrey Mross, Employment and Labor senior partner, for RigZone, published December 12, 2016 As a business, what would you do if you discovered that lax accounting methods were costing you real money? What if an audit revealed that these lapses amounted to $34.7 billion over a nine-year span? This is precisely what the U.S. Department of Treasury/IRS learned in 2005, and the… [Read This Post]
Michael Rodriguez, IP partner, contributing writer for Austin Business Journal, published November 10, 2016 AO, FOB, OPSEC, and so forth, we all know them in the Armed Forces. These numerous acronyms help leaders and their teams define operations, commands and exercises. A list of them for each service could go for miles. One that applies to both business and the combat zone is… [Read This Post]
Let Your People Go . . . to Vote Audrey Mross, Texas Lawyer October 21, 2016  Are you still undecided about Election 2016? One decision has been made for you by state legislatures across the U.S., including Texas. If you are an employer in Texas, you must let your employees go to the polls to vote, often with pay during their absence from the workplace. [Read This Post]
Dallas law firm wants to attract tech clients with new Austin office Sep 27, 2016, 2:26pm CDT Will AndersonDigital Editor Austin Business Journal     Munck Wilson Mandala LLP is set to open an Austin office Oct. 1 near Capital of Texas Highway and MoPac Expressway with a unique structure that executives hope attract innovative technology companies and startups. [Read This Post]
© 2016 The Texas Lawbook. By Jeff Bounds   (July 22) – Some labels stick far beyond the point where they’re accurate. Such is the case with the Patent Trial and Appeal Board, or PTAB. The U.S. Patent and Trademark Office launched PTAB almost four years ago as an alternative to litigating the validity of patents. Within a little more of than a year, PTAB got branded… [Read This Post]
Munck Wilson to Open Austin Office Brenda Sapino Jeffreys, Texas Lawyer September 26, 2016     Munck Wilson Mandala will open an office in Austin on Oct. 1 with three partners, including new office head Michael Rodriguez, who has moved to Austin from the firm's Dallas headquarters. [Read This Post]
A Federal Circuit decision this week affirmed the USPTO’s interpretation of the statute controlling filing of continuation applications, affirming that filing the continuation on the same day as issuance of the parent application falls within the meaning of “before.”  As a result of this ruling on technical requirements for patent priority claims, thousands… [Read This Post]
The Patent Trial and Appeal Board recently designated five additional opinions as “precedential,” more than doubling the total number of opinions so designated in the PTAB’s 41 months of operation.  Unlike the first three opinions designated precedential, four of the… [Read This Post]
Ever since Alice made landfall on patent jurisprudence nearly three years ago, the state of the law regarding subject matter eligibility has been in substantial disarray.  A recent Federal Circuit opinion and new examination guidelines for subject matter eligibility promulgated by the U.S. Patent Office provide reason to hope that  more structured… [Read This Post]
The new Federal law protecting trade secrets is the first in the nation to require notice of the existence and scope of whistleblower immunity as a condition for certain remedies.  While whistleblower protections are common in state trade secret laws, with various consequences for employer retaliation, the linking of exemplary damages and attorney fees… [Read This Post]
What is a Trade Secret? A trade secret is technical information or business and financial information that provides “commercial value” to its owner, that is “undisclosed” and importantly, the owner has taken “reasonable steps to keep it secret.” Historically, trade secret law in the United States was governed by the individual states which led to inconsistency of outcomes in trade secret litigation. What… [Read This Post]
Patent filings plummet in Eastern District From Staff and Wire Reports April 20, 2016 at 11:51 p.m. After a record-breaking year for patent case filings in 2015, federal courts in the Eastern District of Texas have experienced a nearly 50 percent drop in new patent infringement claims so far this year. [Read This Post]
The Anatomy of a Patent Case: When a Small Dollar Dispute gets Personal © 2015 The Texas Lawbook. By Jeff Bounds (April 11) – For Andrew Weiss and his employees at BSP Software LLC, it was time to celebrate. The date was May 17, 2011. The occasion was BSP receiving patent No. 7,945,589 from the U.S. Patent and Trademark Office. [Read This Post]
Lean margin enterprises are increasingly looking to outside sources for funding of the high costs associated with important, complex business litigation.  As a result, demand for third-party litigation funding has doubled in each of the past few years.  A recent decision by Delaware Superior Court President Judge Jan R. Jurden may eliminate… [Read This Post]
The Obama administration has now forwarded two World Intellectual Property Organization treaties to the United States Senate for ratification:  the 2012 Beijing Treaty on Audiovisual Performances and the 2013 Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind,… [Read This Post]
Biz Beat Blog Why ads don’t say Super Bowl snacks, Super Bowl TVs, Super Bowl beer All those circled words mean Super Bowl. #SB50 Am I the only person who didn’t know when you put the words super and bowl together, in that order, and capitalize the S and B, it’s a rabidly protected trademark of the NFL? I wondered… [Read This Post]
Movie downloads: A shakedown or a theft? By L.M. Sixel December 30, 2015   ·         When Matthew McConaughey won the Academy Award for best actor for the "Dallas Buyers Club," interest in the small-budget film skyrocketed. But many moviegoers didn't buy a ticket. Instead, they downloaded a copy for free. [Read This Post]
An Indiana federal district court recently granted a litigation stay in Hatch-Waxman Act patent litigation, pending the outcome of an inter partes review.  The Court simultaneously signaled that a commensurate extension of the automatic 30 month delay in FDA approval for the generic would not be ordered. … [Read This Post]
The official opening on November 9th of the USPTO’s Dallas Regional Office attracted substantial interest, with Director Michelle Lee’s afternoon opening ceremony attended by various US congressmen and the evening gala at the Perot Museum swamped with patent attorneys from throughout the state.  This week saw the announcement of a Regional Director… [Read This Post]
Munck Wilson Mandala Leads Tyler’s $670 Million Merger © 2015 The Texas Lawbook. By Natalie Posgate (Nov. 18) – Plano-based Tyler Technologies announced earlier this week that it completed its acquisition of Troy, Mich.-based New World Systems Corporation, a leading provider of public safety and financial solutions for local governments.  [Read This Post]
An International Trade Commission exclusion order issued last year regarding to infringement by “importation” (transmission into the US) of digital data has been reversed and remanded by the U.S. Court of Appeals for the Federal Circuit as assuming authority outside the ITC’s jurisdiction.  In doing so, the Federal Circuit rebuked the ITC for assuming,… [Read This Post]
Texas Patent Bar Sees Lift from USPTO’s Dallas Office © 2015 The Texas Lawbook. By Jeff Bounds (Nov. 9) – The opening of a Dallas office of the U.S. Patent and Trademark Office will mean more work for the North Texas intellectual property bar, which should also benefit when local patent examiners are ready to move into the private sector, IP law experts say.… [Read This Post]
Patent, trademark office a ‘screaming big deal’ for Dallas Nov 6, 2015 Bill Hethcock Staff Writer- Dallas Business Journal The opening of a U.S. Patent and Trademark office in Dallaswill serve as a springboard for innovation, inspiration and high-paying jobs in North Texas, and give the region another arrow in the quiver of ideas, intellectual property lawyers and other supporters of the project say.… [Read This Post]
Even in the world of patent litigation, where it can take an engineering degree to understand the technology, occasionally a dispute comes down to old-fashioned trial lawyering. For Jamil Alibhai, a Munck Wilson Mandala partner who won an $88 million verdict in a case between rival semiconductor makers, the key was a timeline. [Read This Post]
At least one U.S. District Court has publicly acknowledged that applying the Alice test differentiating unpatentable “abstract” ideas from patentable subject matter is “a difficult exercise.”  In the process, however, the Court presented useful guidance on the factors that federal judges are likely to find persuasive in the patentability analysis of computer-implemented… [Read This Post]
USA TODAY, (July 7, 2014, 6:51 PM EDT) --   Think of it as a an open-face sandwich — with the "open face" a smashed potato, not bread. That's the essence of a new, potato-as-rock-star restaurant concept that's getting plenty of buzz in Dallas, where restaurant guru Phil Romano — creator of Fuddruckers, Romano's Macaroni Grill and EatZi's — is at it, again. [Read This Post]
2014 Winning Companies of Dallas Business Journal's "Healthiest Employers in North Texas":   Small: 2-200 employees CP&Y Divurgent Healthcare Advisors ESI Fusion Packaging On Target Partners   Medium: 201-1,000 employees Duke Realty Higginbotham Hill & Wilkinson Hillwood Development Co. LLC IMA Financial Group Independent Bank MHBT Parker University [Read This Post]
Dallas Business Journal: A federal appeals court ruling nixing the Federal Communication Commission's open Internet rules will mean more dealmaking options for broadband providers such as Dallas-based AT&T Inc. (NYSE: T), as well as more options for consumers, a top technology lawyer tells me. Critics of the decision on Net neutrality say striking… [Read This Post]